CC MINS 20100504 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
MAY 4, 2010
The meeting was called to order at 6:00 P.M. by Mayor Wolowicz at Fred Hesse
Community Park, 29301 Hawthorne Boulevard, and was immediately recessed into
Closed Session. The meeting reconvened at 7:11 P.M.
City Council roll call was answered as follows:
PRESENT: Campbell, Long, Misetich, Stern, and Mayor Wolowicz
ABSENT: None
Also present were Carolyn Lehr, City Manager; Carolynn Petru, Deputy City Manager;
Carol Lynch, City Attorney; Dennis McLean, Director of Finance/Information
Technology; Joel Rojas, Community Development Director; Tom Odom, Interim Director
of Recreation and Parks; Ara Mihranian, Principal Planner; Nicole Jules, Senior
Engineer; Eduardo Schonborn, Senior Planner; Nancie Silver, Recreation Program
Supervisor; Katie Howe, Administrative Analyst II; and, Carla Morreale, City Clerk.
FLAG SALUTE:
The Flag Salute was led by Senior Engineer Jules.
MAYOR'S ANNOUNCEMENTS:
Mayor Wolowicz announced the following two upcoming community meetings: 1) San
Ramon Canyon Stabilization Project Community Meeting to be held on May 12, 2010 at
6:00 P.M. at Miraleste Intermediate School located at 29323 Palos Verdes Drive East in
the Theater Arts Building/Auditorium (TAB); and, 2) Teen Driver Awareness
Presentation by the Lomita Sheriff's Station on May 12, 2010 at 7:00-9:00 P.M. at Mira
Catalina Elementary School located at 30511 Lucania Drive in the Multipurpose Room.
Mayor Wolowicz announced the recent passing of former Torrance Chief of Police and
longtime resident of Rancho Palos Verdes Donald Nash. He noted that the Council
meeting would be adjourned in his memory.
RECYCLE DRAWING:
Mayor Wolowicz announced Recyclers of the Month from the March 16, 2010 City
Council meeting: Breta Beck and Todd Hollingshead. He indicated that all winners
receive a check for $250 representing a year of free refuse service and urged everyone
to participate in the City's Recycling Program.
City Council Minutes
May 4, 2010
Page 1 of 11
APPROVAL OF THE AGENDA:
Councilman Stern moved, seconded by Councilman Campbell, to approve the agenda,
as presented.
Without objection, Mayor Wolowicz so ordered.
PUBLIC COMMENTS:
Candy Fletcher, Rancho Palos Verdes, stated that the neighborhood around Grandview
Park has never claimed that Grandview Park is their private backyard and that they do
not wish to share it with the rest of the population. She stated that the difficulty lies in
that an exceedingly small portion of the City's total households will be absorbing the
impact of the development of Grandview, noting that the consequences of leaving the
park in its natural state would be little to none.
Ed Yost, Rancho Palos Verdes, stated that development of Grandview Park and Lower
Hesse Park does not seem natural to him and encouraged leaving the parks in their
current passive state. He noted that the development of the park with sewers, concrete,
and parking lots will destroy the open space area, but noted that he was in favor of dirt
pathways for walking and the planting of natural habitat.
Thomas Wang, Rancho Palos Verdes, stated that he was opposed to the development
of Grandview Park, noting concerns with the number of spaces proposed for the parking
lot. He reported that he was collecting signatures of residents who are opposed to the
development of Grandview Park; noted that residents of the adjacent properties needed
an explanation regarding the plans for the park; and, stated that many of the nearby
residents and had not yet seen the plans for the park.
CITY MANAGER REPORT:
City Manager Lehr introduced Recreation Program Supervisor Silver (Manager of
Hesse and Ryan Parks) and Administrative Analyst II Howe who provided brief reports
and PowerPoint presentation regarding three upcoming Community Workshops where
community input will be sought regarding the conceptual designs of Lower Hesse and
Grandview Parks. They reported that the workshops would be held on May 15, 2010,
July 17, 2010, and Sept. 25, 2010.
City Manager Lehr announced that the City's first Emergency Preparedness Newsletter,
which was prepared by the Emergency Preparedness Committee and City staff, was
recently mailed to all of the City's residents.
NEW BUSINESS:
City Council Minutes
May 4, 2010
Page 2 of 11
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that late correspondence regarding Item No. 9 (March
2010 Monthly Report of Cash Balances) was distributed prior to the meeting.
Councilman Stern moved, seconded by Councilman Misetich, to approve the Consent
Calendar, as presented.
The motion passed on the following roll call vote:
AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz
NOES: None
ABSENT: None
Motion to Waive Full Reading
Adopted a motion to waive reading in full of all ordinances presented at this meeting
with consent of the waiver of reading deemed to be given by all Council Members after
the reading of the title.
Approval of the Minutes
Approved the Minutes of the Adjourned Regular Meeting of March 30, 2010; Adjourned
Regular Meeting of March 31, 2010; and Regular Meeting of April 6, 2010.
Border Issues Status Report
Received and filed the current report on the status of border issues.
Adoption of Ordinance No. 508 -Zone Text Amendment - Appeal Hearing Time
Frame (Z0N2009-00375)ICitywide
ADOPTED ORDINANCE NO. 508, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, AMENDING SECTION 17.80.050(C) AND SECTION
17.80.070(C) OF CHAPTER 17.80 (HEARING NOTICE AND APPEAL
PROCEDURES) TO ESTABLISH A 90-DAY DEADLINE TO SCHEDULE A PUBLIC
HEARING FOR APPEALS (CASE NO. ZON2009-00375).
Adoption of Ordinance No. 509 - Authorizing Certain City Officers to Approve and
Execute Particular Contracts
ADOPTED ORDINANCE NO. 509, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, ADDING CHAPTER 2.14 TO TITLE 2 OF THE CITY'S MUNICIPAL
CODE TO ALLOW CERTAIN CITY OFFICERS TO APPROVE AND EXECUTE
PARTICULAR CONTRACTS.
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May 4, 2010
Page 3 of 11
Notice of Completion for Hesse Park Playground Improvements Project
1) Accepted the work as complete; 2) Authorized the City Clerk to file a Notice of
Completion with the County Recorder; and if no claims are filed within 35 days after
recordation, and upon the contractor posting an acceptable warranty bond, notice the
surety company to exonerate the Payment and Performance bonds; and, 3) Authorized
the Director of Public Works to release the 10% retention payment in the amount of
$18,691.35 to Green Giant Landscape, Inc. 35 days after recordation of the Notice of
Completion by the County Recorder contingent upon no claims being filed on the
project, and the contractor posting an acceptable warranty bond.
2009 Annual Report on the Implementation of the Rancho Palos Verdes General
Plan
Directed Staff to forward the City's Annual Progress Report on the Implementation of
the Rancho Palos Verdes General Plan in calendar year 2009 to the State Governor's
Office of Planning and Research and to the Department of Housing and Community
Development.
2009 Annual Report on the Implementation of the Rancho Palos Verdes Housing
Element
Directed Staff to forward the City's Annual Progress Report on the Implementation of
the Rancho Palos Verdes Housing Element for the 2009 calendar year to the
Department of Housing and Community Development (HCD).
March 2010 Monthly Report of Cash Balances
Received and filed the March 2010 Monthly Report of Cash Balances for the City of
Rancho Palos Verdes.
Register of Demands
ADOPTED RESOLUTION NO. 2010-30, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, ALLOWING CERTAIN CLAIMS AND
DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID.
# # # # # #
PUBLIC HEARINGS:
Planning Case No. ZON2003-00377 (Code Amendment, Zone Change and
Environmental Assessment): Residential Development Standards Steering
Committee Code Amendment and Zone Change [Citywide]
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May 4, 2010
Page 4 of 11
City Clerk Morreale reported that notice of the public hearing was duly published, written
protests included in late correspondence distributed prior to the meeting, and there were
no requests to speak on the item.
Mayor Wolowicz declared the public hearing open.
Councilman Stern moved, seconded by Councilman Misetich, to continue the public
hearing to May 18, 2010.
Without objection, Mayor Wolowicz so ordered.
Interpretation of Condition of Approval No. 45 of Resolution No. 2010-09,
regarding the Structure Sizes of the Residences Approved under Case Nos.
SUB2008-00001 and ZON2008-00074 through ZON2008-00078; Address
32639 Nantasket Drive, a Vacant Lot located on the West Side of Nantasket Drive
between Beachview Drive and Seacove Drive
City Clerk Morreale reported that notice of the public hearing was duly published, written
protests included in the staff report, late correspondence distributed prior to the
meeting, and there was one request to speak on the item.
Mayor Wolowicz declared the public hearing open.
Senior Planner Schonborn provided a brief staff report regarding the item and the
direction from the Council to return with an Interpretation Hearing to clarify the intent of
Condition of Approval No. 45. Mr. Schonborn stated that staff believed the intent of the
condition was to require the reduction of each house by 10 percent.
Council and staff discussion ensued.
Dana Ireland, Rancho Palos Verdes, stated that he would like design flexibility to reduce
the size of the homes.
Council, staff, and applicant discussion continued.
Mayor Wolowicz declared the public hearing closed.
Councilman Campbell moved, seconded by Mayor Pro Tem Long, to reduce by a 10
percent average the square footage among the four houses, allowing the developer
some design flexibility.
The motion passed on the following roll call vote:
AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz
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May 4, 2010
Page 5 of 11
NOES: None
ABSENT: None
RECESS AND RECONVENE:
Mayor Wolowicz called a brief recess from 7:59 P.M. to 8:07 P.M.
Appeal of the Marymount College Facilities Expansion Project (Case No.
ZON2003-00317) / 30800 Palos Verdes Drive East
City Clerk Morreale reported that notice of the public hearing was duly published, written
protests included in the staff report and late correspondence distributed prior to the
meeting, and there were three requests to speak on the item.
Mayor Wolowicz declared the public hearing open.
Mayor Wolowicz provided introductory remarks regarding the process to be followed
and time allotted to each of the public speakers.
Principal Planner Mihranian provided a brief staff report and PowerPoint presentation
regarding the item. He stated that the three aspects before Council for consideration
were the location of the athletic field; parking affected by the location of the athletic field
and the consideration of safety measures including a roadway median barrier, safety
netting and fencing. He reviewed the following alternatives: 1) Alternative D-1, Option
No. 1;
2) Alternative D-1, Option No. 2; and, 3) Alternative D-2.
Senior Engineer Jules provided an overview of the two independent feasibility study
reports regarding the construction of a concrete barrier wall along the curvature of Palos
Verdes Drive East (PVDE) adjacent to the proposed location of the soccer field. She
noted that the purpose of the study was to examine if the installation of the barrier wall
would be an added safety benefit to the roadway by preventing or reducing cross
median collisions that may be caused by driver reaction to errant balls from the
proposed location of the athletic field entering the adjacent roadway.
Council and staff discussion ensued regarding the different athletic field alternative
configurations proposed; safety issues; the height of safety netting and fencing;
potential view obstruction by 20-foot high safety netting; safety measures along PVDE
including a median barrier wall; traffic collisions along PVDE; possible adverse affect of
a fixed object such as a median barrier wall; modifications to the striping of PVDE for
safety upgrades; elevation of the field and roadway; and, the use of berms on the
perimeter of the athletic field.
George Zugsmith, CCC/ME, Rancho Palos Verdes, provided a PowerPoint presentation
with a proposal for Alternative D-1, Option 3, to the adopted alternative by the City
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May 4, 2010
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Council on March 31, 2010; opined that the most prudent location for the soccer field
was on the east side of the property; reported that Marymount College has announced
that they have joined the National Association of Intercollegiate Athletics (NAIA) which
will require a number of different sporting events; provided lacrosse balls to the Council
to demonstrate safety concerns whether it is a lacrosse or soccer ball; noted safety
concerns including visual obstructions with the proposed median barrier wall and
complications when it is foggy; necessary construction costs, retaining walls, grading
excavation, and drainage for the athletic field on the west side of the property; and the
effect on the property value of residences in the area.
Tom Redfield, CCC/ME, Rancho Palos Verdes, stated that the impact of Marymount
College joining the National Athletic Intercollegiate Association (NAIA) conference will
have a great impact on the use of the athletic field; commented on the drainage issues
regarding the different locations for the athletic field; stated that there would be the need
for the frequent use of the safety netting around the athletic field; and, commented on
the traffic safety issues and the consideration of any alternative to reduce the negative
impacts of the project.
Discussion ensued between Council, staff, and speakers.
Don Davis, attorney for Marymount College, Burke, Williams and Sorensen, stated that
Marymount College requests the City Council take the following action to: 1) approve
Marymount's application for an athletic field and tennis courts on the west side of the
campus with the recommended safety netting and fencing; 2) reject CEQA athletic field
Alternative No. D-1 as environmentally inferior and infeasible; 3) note that comments
have been submitted into the record regarding Conditional Use Permit No. 136; and,
4) acknowledge Marymount College's support of the recommended traffic safety
improvements proposed or PVDE in the vicinity of the College identified in the
Preliminary Study Report previously accepted by the City Council. He commented on
the use of grass or artificial turf for the athletic field; drainage plans; grading; the
location of the athletic field on the east side of campus being on an extreme slope and
requiring 40-foot retaining walls; significant cost of$1.6 million if the athletic field is
placed on the east side of campus; and, the College's support of the PVDE traffic safety
improvements and willingness to contribute $200,000 towards the median safety
improvements along the roadway segment between the College and Ganado Drive.
Discussion ensued between the Council, applicant, and staff.
Don Ott, Rancho Palos Verdes, shared pictures of recent skid marks on PVDE near the
area where the soccer field will be placed.
Tom Redfield, in rebuttal, stated that the residents strongly support the selection of the
athletic field on the east side of the property and opined that any field should have
artificial turf. He stated that the residents are opposed to the following: 1) median
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May 4, 2010
Page 7 of 11
barrier wall due to safety issues; 2) safety netting; 3) an increase in athletic events; and,
4) errant balls without controls and effective monitoring.
Don Davis, in rebuttal, stated that the purpose of CEQA is to make informed decisions
after weighing the information presented.
Discussion ensued between the Council and applicant regarding the location of the
athletic field and safety issues; and, the proposal as presented in the Marymount
Initiative.
RECESS AND RECONVENE:
Mayor Wolowicz called a brief recess from 10:13 P.M. to 10:22 P.M.
Mayor Wolowicz declared the public hearing closed.
Council discussion ensued regarding Alternate D-1 and D-2; safety issues and safety
netting at 30 feet; tennis fencing at 20 feet in height; center median barrier; the height of
the wrought iron fencing; reduction of traffic lanes on PVDE; assessment of risk;
multiple sports use of the athletic field; and, parking on the campus.
Councilman Stern moved to approve Alternative D-2 for the athletic field with split tennis
courts; with 30-foot netting on the entire length of the north, south, and west sides of the
field; tennis court fencing at 20 feet in height all the way around the west courts; and the
wrought iron fencing at 6 feet in height along PVDE. The motion died for a lack of a
second.
Mayor Pro Tem Long moved, seconded by Councilman Stern, to approve Alternative
D-2 for the athletic field with split tennis courts; 30-foot high netting on the north, south,
and west sides of the athletic field; tennis courts fencing at the 20-foot height all the way
around the west courts; wrought iron fencing along the curvature of PVDE nearest to
the athletic field at the height of 6 feet; directed staff to return with the design and
development plans for a center median barrier along PVDE and accepted the $200,000
contribution offered by Marymount College for the construction of a center median.
Councilman Stern requested a split vote on the motion on the directed to staff to return
with the design and development plans for a center median barrier along PVDE.
The motion failed on the following roll call vote:
AYES: Campbell and Long
NOES: Misetich, Stern, and Mayor Wolowicz
ABSENT: None
Mayor Pro Tem Long moved, seconded by Councilman Stern, to approve Alternative
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May 4, 2010
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D-2 for the athletic field with split tennis courts; 30-foot high netting on the north, south,
and west sides of the athletic field; tennis courts fencing at 20-feet in height all the way
around the west courts; and wrought iron fencing along the curvature of PVDE nearest
to the athletic field at the height of six feet.
Councilman Campbell moved, seconded by Mayor Pro Tem Long, to amend the motion
to add the center median barrier.
The motion on the amendment passed on the following roll call vote:
AYES: Campbell, Long, and Stern
NOES: Misetich and Mayor Wolowicz
ABSENT: None
Mayor Pro Tem Long moved, seconded by Councilman Stern, to 1) Approve Alternative
D-2 for the athletic field with split tennis courts; 30-foot high netting on the north, south,
and west sides of the athletic field; tennis courts fencing at 20-feet in height all the way
around the west courts; wrought iron fencing along the curvature of PVDE nearest to
the athletic field at the height of six feet; directed staff to return with the design and
development plans for a center median barrier along PVDE and accepted the $200,000
contribution offered by Marymount College for the construction of a center median; and,
2) Direct Staff to prepare the appropriate resolutions memorializing the Council's action,
including action taken on the project from its March 31, 2010 meeting, for adoption at
the May 18, 2010 meeting.
The motion, as amended, passed on the following roll call vote:
AYES: Campbell, Long, and Stern
NOES: Misetich and Mayor Wolowicz
ABSENT: None
RECESS AND RECONVENE:
Mayor Wolowicz called a brief recess from 11:02 P.M. to 11:10 P.M.
PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:
REGULAR NEW BUSINESS:
Pension Liability Payoff
Councilman Stern moved, seconded by Mayor Pro Tem Long, to waive the staff report.
Without objection, Mayor Wolowicz so ordered.
City Council Minutes
May 4, 2010
Page 9 of 11
Councilman Stern moved, seconded by Councilman Misetich, to approve the staff
recommendation to: 1) ADOPT RESOLUTION NO. 2010-31, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING
RESOLUTION NO. 2009-40, THE BUDGET APPROPRIATION FOR FY09-10, TO
ADJUST THE BUDGET IN THE GENERAL FUND AND THE EMPLOYEE BENEFITS
FUND; and, 2) Direct Staff to pay off the City's pension side-fund liability prior to June
30, 2010.
Mayor Wolowicz moved an amendment to the motion for the transfer to take place in 30
days. The motion died for a lack of a second.
The motion passed on the following roll call vote:
AYES: Campbell, Long, Misetich, and Stern
NOES: Mayor Wolowicz
ABSENT: None
Improved Method for Bringing Forth Council Member Initiated Agenda Items
Councilman Stern provided a brief staff report regarding the item.
Council and staff discussion ensued.
Councilman Stern moved, seconded by Councilman Campbell, to amend the City
Council Rules of Procedure 5.1 to delete from the Agenda that item described as "12.
Council Discussion & Suggestion of Future Agenda Items."
The motion passed on the following roll call vote:
AYES: Campbell, Long, Misetich, and Stern
NOES: Mayor Wolowicz
ABSENT: None
Opposition of SBX6 2 Transient Occupancy Taxes: Collection
Mayor Pro Tem Long moved, seconded by Councilman Stern, to waive the staff report
and approve the staff recommendation to authorize the Mayor to sign a letter opposing
SBX6 2 and direct Staff to transmit the letter to Senator Calderon and Senator Wright.
Without objection, Mayor Wolowicz so ordered.
RECESS AND RECONVENE:
Mayor Wolowicz called a brief recess from 12:07 A.M. to 12:10 A.M.
City Council Minutes
May 4, 2010
Page 10 of 11
CITY COUNCIL ORAL REPORTS:
This item was deferred to the next meeting, except for brief important comments from
several Council Members.
COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS:
None.
CLOSED SESSION REPORT:
City Attorney Lynch reported on the following Closed Session items: 1) With respect to
the Marymount College item that was added to the agenda pursuant to an Addendum,
Council discussion occurred and no action was taken; 2) With respect to one of the
View Restoration proceedings that was discussed under potential litigation the Council
voted (4-0), with Councilman Campbell absent, to direct staff to take no action with
respect to the trimming of an individual's trees until the next trimming cycle; and, 3) With
respect to the second View Restoration item the Council directed staff not to enforce
certain landscape plans that have been approved for only four properties and not to get
involved with the enforcement of the CC & R's, but to bring back for future Council
discussion and consideration an amendment of the Conditional Use Permit for that
particular tract, in order to delete references to enforcing CC & R's. She reported the
Council vote on this item was (4-0-1), with Councilman Campbell abstaining since he
arrived after the discussion had begun.
ADJOURNMENT:
At 12:21 A.M., Mayor Wolowicz adjourned the meeting in the memory of former
Torrance Chief of Police and resident Don Nash who recently passed away.
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City Council Minutes
May 4, 2010
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