CC MINS 20101005 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
OCTOBER 5, 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 7:02 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; Carol Lynch, City Attorney; Dennis
McLean, Director of Finance/Information Technology (IT); Joel Rojas, Community
Development Director; Tom Odom, Interim Recreation and Parks Director/Deputy
Director of Public Works; Eduardo Schonborn, Senior Planner; So Kim, Assistant
Planner, Katie Howe, Administrative Analyst II; Emilio Blanco, Maintenance
Superintendent; and Carla Morreale, City Clerk.
FLAG SALUTE:
The Flag Salute was led by Administrative Analyst Katie Howe.
MAYOR'S ANNOUNCEMENTS:
None.
RECYCLE DRAWING:
Mayor Wolowicz announced Recyclers of the Month from the September 21, 2010 City
Council meeting: Erin and Gary La Monk; and Harold Greenband. 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.
APPROVAL OF THE AGENDA:
Mayor Pro Tem Long moved, seconded by Councilman Stern, to approve the agenda.
Without objection, Mayor Wolowicz so ordered.
PUBLIC COMMENTS:
City Council Minutes
October 5, 2010
Page 1 of 11
Douglas Stern, Rancho Palos Verdes, stated that if Measure P is adopted it would
adversely affect the residents of the City of Rancho Palos Verdes. He stated that
currently any resident can present a problem to the Council at no cost. He reported that
if Measure P passes, a resident will no longer be able to stand before the Council
requesting a solution to a problem regarding Marymount College, and instead will have
to work through a City-wide ballot and spend money on a campaign. He explained that
any ambiguity with the Specific Plan and the RPV Municipal Code shall be interpreted in
favor of and consistent with the Specific Plan, and the Specific Plan shall control even if
the applicable Municipal Code provision is more recent or more restrictive. He noted
that the Specific Plan cannot be changed through subsequent discretionary actions or
interpretations, and words shall be interpreted and applied according to their plain
meaning, rather than according to the contrary provisions of the RPV Municipal Code.
He concluded that the Council will not have the authority to make changes and the
residents will lose much if Measure P passes, in terms of being able to obtain solutions
from the City Council.
Jim Gordon, Rancho Palos Verdes, stated that the Measure P Initiative was drafted
some time before the City Council approved the components requested by Marymount
College and at that time it was deemed necessary to pass Measure P in order to gain all
of the improvements of the Marymount Facility Expansion Project. He reported that
Marymount College has subsequently signed an agreement with the City and the
College is operating today under the conditions that were approved by the City Council,
and concluded that it was no longer necessary to vote yes on Measure P in order for the
College to move forward with its facility improvements. He also noted that there were
two recent mailers containing misleading information and statements.
Noel Park, Rancho Palos Verdes, stated that he was present to thank the Council for
taking the position they have in opposition to Measure P, due to the conflict with land
use and planning issues for which the City was formed. He stated that former
Councilman Dyda and Councilman Stern have explained quite well the ramifications
that are involved with Measure P. He stated that he has been insulted and offended by
the mailers that he has received showing that Measure P will provide children with a
library, athletic fields, and cultural center, which are all components that the Council has
previously approved. He stated that the mailer said nothing about taking away all of the
land use and planning functions of the City, which in his opinion was totally dishonest.
He stated that he had concerns regarding future wealthy developers who may view this
process as a mechanism to circumvent the City planning and land use regulations and
concluded that he was present to help defeat Measure P.
Bernard Slotnick, Rancho Palos Verdes, stated that at first he had little hope regarding
the review process and proposed modifications for Grandview Park, but noted that he
has been pleasantly surprised that staff has done a fair and excellent job of informing
the public. He thanked the City Council and staff for their efforts. He stated that he had
not intended to speak regarding the Measure P issue, but noted that anyone who was
City Council Minutes
October 5, 2010
Page 2 of 11
planning to vote on the matter should carefully read the materials to obtain a very clear
picture, noting that the comments expressed by the previous speakers were absolutely
true.
Kyle Nelson, Ladera Linda Homeowners Association (HOA), Rancho Palos Verdes,
stated that the Ladera Linda HOA recently held a meeting where they discussed the
beautification grants which they have used in the past to help maintain and landscape
the medians and City parkland adjacent to their neighborhood. He inquired as to the
City's plans regarding moving forward with the establishment of the proposed
neighborhood beautification committee.
City Manager Lehr stated that no meetings have been held yet with the Council
Subcommittee regarding the neighborhood beautification grant program and noted that
staff would be available to discuss the particulars of the Ladera Linda HOA.
CITY MANAGER REPORT:
City Manager Lehr announced that the City of Rancho Palos Verdes has in cooperation
with EDCO organized a free City-wide brush removal event to allow property owners to
dispose of excess vegetation and brush and trim trees. She noted that residents would
be receiving an informational postcard in the next week advertising the upcoming event.
Councilman Campbell inquired of City Attorney Lynch as to the status of the Council
report regarding the possibility of extending legal protections to past Committee,
Commission, and Council Members in case of malicious or frivolous lawsuits.
City Attorney Lynch stated that the report should be ready for the next meeting in
October or the first meeting in November.
Councilman Campbell inquired as to the plans on the part of the City to request of
Marymount College reimbursement for the legal fees spent in defeating the lawsuit by
Michael Brophy which was funded by Marymount College.
City Attorney Lynch stated that Councilman Stern led the defense of the authors who
drafted the Argument Against Measure P, while her firm was primarily responsible to
defend the City Clerk. She noted that her firm candidly does not see a viable
mechanism to recover defense costs of defending the City Clerk where the plaintiff is
entitled to file a lawsuit challenging the language in Ballot Arguments or the Impartial
Analysis.
Councilman Campbell inquired if the City has received a definitive response from
Marymount College regarding payment for the upcoming November 2, 2010 Election.
City Attorney Lynch explained that Dr. Brophy wrote a letter several months ago
committing to paying for the election expenses; Dr. Brophy more recently asked for
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October 5, 2010
Page 3 of 11
clarification about the status of his offer; City Manager Lehr wrote a letter to Dr. Brophy
in response providing several options for payment either by the City providing invoices
or through the establishment of a Trust Deposit.
City Manager Lehr stated that she was not aware of having received a response to this
letter as to which of any of the mechanisms Marymount College has planned to utilize to
reimburse the City for the election expenses.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that late correspondence was distributed regarding Item
No. 2 (Approval of the Minutes) prior to the meeting, and there were no requests to
speak on any Consent Calendar items.
Mayor Pro Tem Long moved, seconded by Councilman Stern, to approve the Consent
Calendar.
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, as amended, of the September 7, 2010 Regular Meeting.
Adoption of Ordinance No. 514— Planning Case No. ZON2010-00223 (Code
Amendment): Specific Plan Clean-Up Code Amendment
ADOPTED ORDINANCE NO. 514, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, AMENDING CHAPTER 17.38 (SPECIFIC PLAN DISTRICTS) OF
THE DEVELOPMENT CODE TO CORRECT THE OMISSION OF "SPECIFIC PLAN
DISTRICT VII" FOR EASTVIEW PARK.
Award a Contract for GPS Monitoring in the Landslide Area
City Council Minutes
October 5, 2010
Page 4 of 11
1) Awarded a contract to Charles Abbott and Associates, Inc. in the amount of$50,000,
to perform a GPS survey of all existing points within the Portuguese Bend/Abalone
Cove Landslide area and to prepare the associated report; and, 2) Authorized the
expenditure of$50,000 for the required survey and associated report; and authorized
the expenditure of up to $4,500 (8.3%) as a project contingency in the event additional
work is identified during the field survey and is determined to be required by the Director
of Public Works.
August 2010 Monthly Report of Cash Balances
Received and filed the August 2010 Monthly Report of Cash Balances for the City of
Rancho Palos Verdes.
Register of Demands
RESOLUTION ADOPTED RESOLUTION NO. 2010-88, A R TION OF THE CITY COUNCIL OF S U
THE CITY OF RANCHO PALOS VERDES, ALLOWING CERTAIN CLAIMS AND
DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID.
Proposition A and C Funds
ADOPTED RESOLUTION NO. 2010-89, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, ASSERTING AN ONGOING
COMMITMENT TO RECEIVING AND UTILIZING PROPOSITION A AND
PROPOSITION C FUNDS AS REQUIRED AND DIRECTING AND AUTHORIZING
SPECIFIED STAFF MEMBERS TO EXECUTE ANY DOCUMENTS THEREFOR.
# # # # # #
PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:
NEW N W BUSINESS:
A Request to Consider Initiating a Code Amendment to Revise the City's Hedge
Height Regulations within the Front Yard Setback Area (Case No. ZON2010-00293)
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there were no requests to speak regarding the item.
Assistant Planner Kim provided a brief staff report regarding the item.
Council discussion ensued.
Councilman Stern moved, seconded by Mayor Pro Tem Long, to direct staff to initiate a
Code Amendment process.
City Council Minutes
October 5, 2010
Page 5of 11
Without objection, Mayor Wolowicz so ordered.
Hesse and Ryan Parks Athletic Field Improvements
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there were two requests to speak regarding the item.
Interim Director of Recreation and Parks Odom stated that Administrative Analyst Howe
would provide the staff report and introduced the City's new Maintenance
Superintendent Emilio Blanco.
Administrative Analyst Howe provided a staff report regarding this item.
Council and staff discussion ensued.
John Freeman, Rancho Palos Verdes, stated that the parks are a great resource for the
City but opined that the proposal presented regarding Hesse Park improvements was
incomplete because it did not include a traffic, safety, or parking study. He noted that
Mr. Odom called the proposal a renovation and not a creation of new fields, and that
staff did not anticipate a significant traffic impact, but the staff report calls out improved
athletic fields and usage and new City-run recreation for youth in parks. He inquired as
to the need for additional soccer fields and the potential for more traffic and parking, and
suggested obtaining traffic and parking studies before making the park improvements.
Lovell Chase, Rancho Palos Verdes, stated the plan for the park development as
presented has merit but lacks in the following two areas: 1) a lack of input from the
public regarding the plan meeting the needs of the residents; and 2) traffic concerns.
He reminded Council of a serious traffic accident last year on Hawthorne Boulevard and
Verde Ridge Road. He concluded that he concerned with a traffic control problem on
Hawthorne Boulevard, design concept problem with the proposed development at
Lower Hesse Park, and parking issues to address.
Jim Moore, Pacific View Homeowners Association, Rancho Palos Verdes, stated that
he understood from the staff reports that Council would be presented with options to
consider including in the ballpark redesign. He noted that he did not believe all of the
changes proposed could be incorporated into the redesigned ballpark fields. He stated
that the proposed modifications to two of the baseball diamonds would open up the
location to League play, which he believes was one of the Council goals. He noted that
traffic will increase and the limited parking at the park site will cause more cars to park
on Locklenna Drive. He suggested enlarging the parking at Hesse Park if possible to
accommodate for the possible increased need for parking.
Discussion ensued between Council and staff.
City Council Minutes
October 5, 2010
Page 6 of 11
Councilman Misetich moved, seconded by Councilman Stern, to adopt the staff
recommendation to: Revise the Five-Year Capital Improvement Plan (CIP) to improve
the existing athletic fields at Hesse and Ryan Parks as detailed in the staff report and
Exhibit A to maximize public use of fields and to improve the safety and quality of play.
The motion passed on the following roll call vote:
AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz
NOES: None
ABSENT: None
License Agreement for a Trail Easement at Ocean Terrace Drive
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding this item.
Community Development Director Rojas provided a brief history regarding the location
of the house, a trail easement, and the setback from the trail easement.
Senior Planner Schonborn provided a brief staff report regarding the item.
Council and staff discussion ensued regarding this item.
Minaz Ahamed, Rancho Palos Verdes, stated that his request to the City for a license
agreement for use of the existing trail easement was because 20 feet of that space was
unusable as a trail.
Discussion ensued between Council, staff, and the property owner.
Councilman Stern moved, seconded by Mayor Pro Tern Long, to take no action at the
present time and direct staff to work with the property owner to examine the possible
solutions discussed and return to Council with the various solutions to be considered.
Without objection, Mayor Wolowicz so ordered.
RECESS AND RECONVENE:
Mayor Wolowicz called a brief recess from 8:47 P.M. to 9:00 P.M.
Adopting the City Charter
Mayor Pro Tern Long moved, seconded by Councilman Stern, to waive the staff report
and move directly to questions of staff.
City Attorney Lynch expressed the desire to provide a few comments.
City Council Minutes
October 5, 2010
Page 7 of 11
Mayor Pro Tern Long withdrew his motion.
City Attorney Lynch provided a brief staff report regarding the item, highlighting the
modifications made to the proposed City Charter as a result of Council direction at the
September 7, 2010 Council Meeting.
Council and staff discussion ensued.
Councilman Stern moved, seconded by Mayor Pro Tem Long, to adopt the proposed
City Charter of the City of Rancho Palos Verdes to propose to the City's voters for
adoption at an upcoming election.
The motion passed on the following roll call vote:
AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz
NOES: None
ABSENT: None
March 8, 2011 Special Municipal Election
City Attorney Lynch provided a brief staff report regarding this item.
City Manager Lehr stated that staff concurred with the selection of the date of the
election to be held on March 8, 2011.
Council and staff discussion ensued.
Mayor Pro Tern Long moved, seconded by Councilman Stern, to adopt the staff
recommendation to: 1) ADOPT RESOLUTION NO. 2010-90, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA,
CALLING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
MARCH 8, 2011, AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE
STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES FOR THE
SUBMISSION TO THE VOTERS A QUESTION RELATING TO ADOPTION OF A
PROPOSED CITY CHARTER; 2) ADOPT RESOLUTION NO. 2010-91, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
CALIFORNIA, REQUESTING THE LOS ANGELES CITY COUNCIL TO
CONSOLIDATE AND DIRECT THE CITY CLERK OF THE CITY OF LOS ANGELES
TO CONDUCT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 8,
2011, WITH THE CITY OF LOS ANGELES PRIMARY NOMINATING AND
CONSOLIDATED ELECTIONS TO BE HELD ON THAT DATE PURSUANT TO
SECTION 10400, ET SEQ. OF THE CALIFORNIA ELECTIONS CODE AND THE
ELECTION CODE OF THE CITY OF LOS ANGELES; 3) ADOPT RESOLUTION NO.
2010-92, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN
City Council Minutes
October 5, 2010
Page 8 of 11
ARGUMENT IN FAVOR OF A CITY MEASURE AND DIRECTING THE CITY
ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS; 4) ADOPT RESOLUTION NO.
2010-93, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL
ARGUMENTS FOR MEASURES SUBMITTED AT MUNICIPAL ELECTIONS; and,
5) ADOPT RESOLUTION NO. 2010-94, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2010-55,
THE BUDGET APPROPRIATION FOR FISCAL YEAR 2010-2011, FOR A BUDGET
ADJUSTMENT TO THE CITY'S GENERAL FUND TO PAY FOR THE COST OF THE
MARCH 8, 2011 SPECIAL MUNICIPAL ELECTION.
The motion passed on the following roll call vote:
AYES: Campbell, Long, Misetich, and Stern
NOES: Mayor Wolowicz
ABSENT: None
Appointment of Additional Members to the Charter City Committee
Mayor Pro Tem Long moved, seconded by Councilman Stern, to waive the staff report
and adopt staff recommendation.
The motion passed on the following roll call vote:
AYES: Campbell, Long, Misetich, Stern and Mayor Wolowicz
NOES: None
ABSENT: None
Mayor Wolowicz read the following names of all of the members appointed to the
Charter City Committee: Ann Shaw, Bill Gerstner, Jon Cartwright, Jeffrey Lewis, Dave
Emenhiser, Paul Tetreault, Bill James, John Cruickshank, Willie Wang, and Anthony
Self.
Mayor Wolowicz and the Council Members expressed their appreciation and gratitude
for those willing to serve on the Charter City Committee.
Mayor Pro Tem Long noted that he and Mayor Wolowicz will continue to serve with the
Charter City Committee Members.
City Council Meeting Schedule
City Clerk Morreale provided a brief staff report regarding the suggestion to reschedule
or cancel the November 2, 2010 City Council Meeting due to the election being held that
same day.
City Council Minutes
October 5, 2010
Page 9 of 11
City Manage Lehr added that it would seem viable to cancel the November 2, 2010
meeting since there are two additional meetings to be held in November.
Council and staff discussion ensued.
Mayor Wolowicz moved, seconded by Councilman Stern, to reschedule the Tuesday,
November 2, 2010 City Council Meeting to Thursday, November 4, 2010, in addition to
the November 16, 2010 and November 30, 2010 Council meetings.
The motion passed on the following roll call vote:
AYES: Campbell, Stern and Mayor Wolowicz
NOES: Misetich and Long
ABSENT: None
CITY COUNCIL ORAL REPORTS:
Councilman Stern and Mayor Pro Tem Long reported on their attendance at various
organization and association meetings since the September 7, 2010 City Council
Meeting.
Councilman Campbell, Councilman Misetich, and Mayor Wolowicz reported on their
attendance at various organization and association meetings since the last City Council
Oral Reports were provided on September 21, 2010.
CLOSED SESSION REPORT:
City Attorney Lynch reported that with respect to the Closed Session item regarding the
State of California Department of Finance, State Water Resources Control Board, and
the California Regional Water Quality Control Board v. the Commission on State
Mandates, et al, the Council voted unanimously to direct that Richards, Watson and
Gershon should defend the City of Rancho Palos Verdes in that case instead of
Burhenn and Gest LLP, and that Mr. Gest be notified accordingly.
Mayor Wolowicz announced that staff had notified him that there was a malfunction with
the podium microphone during the Public Comments section of the meeting. He stated
that Councilman Stern was the only person who spoke during the Public Comments
who was still present and invited him to make his Public Comments once again. He
noted that staff should notify the others who spoke during Public Comments that they
were welcome to speak again at the next meeting.
*Note: After the meeting the audio portion of the video tape was enhanced by PV on
the Net so that the speakers comments under the Public Comments section were able
to be heard and those comments were summarized in the Public Comments section of
this set of minutes.
City Council Minutes
October 5, 2010
Page 10 of 11
ADJOURNMENT:
At 10:22 P.M., Mayor Wolowicz adjourned the meeting.
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City Council Minutes
October 5, 2010
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