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CC MINS 20101116 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING NOVEMBER 16, 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 the Closed Session. The meeting reconvened at 7:01 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 (IT); Joel Rojas, Community Development Director; Tom Odom, Interim Recreation and Parks Director/Deputy Director of Public Works; Ara Mihranian, Deputy Community Development Director; Katie Howe, Administrative Analyst II; and Carla Morreale, City Clerk. Also present was Bill Gerstner, Chair, Planning Commission. FLAG SALUTE: The Flag Salute was led by Bryce Ferraro. MAYOR'S ANNOUNCEMENTS: Mayor Wolowicz introduced City of Rolling Hills Estates Councilman Frank Zerunyan, who was present to speak regarding the California Contact Cities Association. Frank Zerunyan,;California Contact Cities Association (CCCA), reported he was present to thank the Council as a whole for their support and Councilman Stern and Mayor Wolowicz who served on the Executive Committee during his year as President of the CCCA. Mayor Wolowicz announced that Ashley Ratcliff, reporter, Palos Verdes Peninsula News (PV News), would soon be leaving the PV News and thanked her for her years of service to the City. He presented her with a parting gift from the City and wished her well in her new position with the Home Media Magazine in Santa Ana. RECYCLE DRAWING: City Council Minutes November 16, 2010 Page 1 of 20 Mayor Wolowicz announced Recyclers of the Month from the November 4, 2010 City Council meeting: Charles Sie and Rosalie Balligian. 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: Councilman Misetich moved, seconded by Councilman Stern, to approve the agenda. Without objection, Mayor Wolowicz so ordered. PUBLIC COMMENTS: Scott Burack, Rancho Palos Verdes, stated that there has been a peacock population increase in the last 12 months in the Brookford neighborhood and requested that the Council use the budget that was authorized to trap and relocate the birds, or use other methods to control the peacock population. Carol Mueller, Rancho Palos Verdes, stated that she had concerns regarding benefits and salaries of City employees. She stated that in the private sector there are layoffs, defined benefits are being terminated or frozen, and that many people are receiving only their 401 K programs or Social Security. Ken Dyda, Rancho Palos Verdes, expressed his thanks to the Council, SOC III Members, community members, and the citizens of Rancho Palos Verdes for their efforts to educate the public regarding Measure P. CITY MANAGER REPORT: None. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that there was one request to speak regarding Item No. 2 (Future Agenda Items — Status Update). Mayor Pro Tem Long moved, seconded by Councilman Stern, to approve the Consent Calendar with Item No. 2 removed to follow immediately after the Consent Calendar. The motion passed on the following roll call vote: AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz NOES: None City Council Minutes November 16, 2010 Page 2 of 20 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. Future Agenda Items — Status Update This item was removed from the Consent Calendar for separate consideration. Register of Demands ADOPTED RESOLUTION NO. 2010-101, 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. # # # # # # ITEMS REMOVED FROM THE CONSENT CALENDAR: Future Agenda Items — Status Update Mayor Pro Tem Long moved, seconded by Councilman Stern, to waive the staff report and hear the speaker on the item. Without objection, Mayor Wolowicz so ordered. Sunshine, Rancho Palos Verdes, stated that she had concerns regarding the future agenda items and noted several items related to trails that were not on the future agenda items list. Councilman Stern moved, seconded by Councilman Misetich, to receive and file the report. Without objection, Mayor Wolowicz so ordered. REGULAR NEW BUSINESS: Conceptual Designs for Lower Hesse Park City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were nineteen requests to speak on the item. City Council Minutes November 16, 2010 Page 3 of 20 Interim Director of Recreation and Parks Odom provided a brief overview staff report and PowerPoint presentation regarding the item and introduced Landscape Architect Mia Lehrer. Mia Lehrer, Landscape Architect, Mia Lehrer & Associates, provided a detailed staff report and PowerPoint presentation of the process that led up to the two proposed Conceptual Design Plans for Lower Hesse Park. She provided detailed design components of the Catalina Plan and the Pacific Plan to address the needs of the community. Council and staff discussion ensued. Ellen November, Skatepark PV, Rancho Palos Verdes, stated that she does not have children who skateboard in her family, but shared her experience as she witnessed skateboarders in different areas on the Peninsula. She stated that there are very few areas on the Peninsula where teenagers are welcome and provided PowerPoint illustrations of several skateboard park designs and offered $400,000 of private funds for the project. Brian Haig,, Rancho Palos Verdes, stated that he and his family currently enjoy Hesse Park and are opposed to the proposed conceptual plans. He questioned the effectiveness of the public outreach regarding desired park amenities. He stated that the five picnic benches currently located in Hesse Park are infrequently used and questioned the need for additional picnic benches, basketball courts, and a dog park. Lovell Chase, Rancho Palos Verdes, stated that 69% of those surveyed wanted the following: no change other than walking trails in Lower Hesse Park; 1.2% wanted a skate park; 32% a dog park; 25% basketball courts; and 23% tennis courts. He reported that he had submitted to the City of Rancho Palos Verdes a petition with 280 signatures opposing a dog park at Lower Hesse Park. He concluded that he had concerns regarding traffic and traffic control around Hesse Park. Marcia Shank, Rancho Palos Verdes, opined that there are not many activities on the Peninsula for young people and spoke in support of a skate park for the youth on the Peninsula. Chris Strong, Palos Verdes Estates, stated that he was present to encourage the City of Rancho Palos Verdes to consider building a skate friendly park on the Peninsula. He reported that many teenagers have to play cat-and-mouse with the local Sheriff, yet receive no complaints from the local merchants. He noted that young people will continue to skate and will make the entire community their skate park if a facility is not provided. City Council Minutes November 16, 2010 Page 4 of 20 Joe Chidley, Rancho Palos Verdes, stated that he supported the views of the Pacific View HOA and expressed concerns regarding the traffic safety issue and the speeds traveled on Locklenna Drive. Cat Spydell, Skatepark PV, Rolling Hills Estates, spoke in support of a skate park in the City of Rancho Palos Verdes. She stated that the Peninsula is a wonderful place to raise a family, but there was no place for students to legally skateboard. Kodiak Spydell, Skatepark PV, Rolling Hills Estates, stated that he was in favor of a skate park in the City of Rancho Palos Verdes. He stated that it is currently illegal to skate anywhere on the Peninsula, noting that skateboarding was growing in popularity as it fosters a sense of freedom in young people and is a good form of exercise. Flora Lee, Rancho Palos Verdes, stated that she has a dog and uses the dog parks in neighboring cities. She expressed concern with the odor and noise from the dog parks that she frequents and pointed out that these dog parks are not located near residences. She stated that the neighborhood around Hesse Park is not an appropriate location for a dog park. John Freeman, Rancho Palos Verdes, raised concerns with tennis courts at Lower Hesse Park and suggested they be placed instead at the City Hall Civic Center site. He stated that if tennis courts must be placed at Lower Hesse Park, a preferred location would be on the other side of the parking lot as demonstrated on his PowerPoint version of the modified Pacific Plan, so that views are not obstructed by the tennis court fencing. Noel Park, president, Pacific View Homeowners Association (HOA), Rancho Palos Verdes, stated that his HOA has concerns with traffic safety, parking, and noise in the neighborhood. He reported on the following comments from the HOA: 1) the residents are overwhelmingly opposed to the dog park; 2) there is concern regarding the view impacts with the proposed tennis courts; and, 3) they do not understand how the concept of the skate park arose, since there was no mention of that aspect during the last year of public outreach and meetings. He noted that Mr. Odom has been helpful and courteous in keeping the public informed and commended the City in its selection of Mia Lehrer as the park design architect. Jim Real, Rancho Palos Verdes, stated that he lives near Hesse Park and has two dogs, but opined that Lower Hesse Park was an inappropriate area for a dog park since it was in the middle of a residential neighborhood as they are destinations for many people which brings in much traffic and public safety issues. Jim Moore, Rancho Palos Verdes, stated that the plans as presented represent the Council's original concept without much input from the public reflected in the plans. He reported that he was in favor of the Pacific Plan without a dog park; raised concerns regarding the fiscal aspect of the project; expressed concern with the proposal for a City Council Minutes November 16, 2010 Page 5 of 20 basketball court and sand lot volleyball; and, suggested modifying the Pacific Plan to remove some of the least popular features at a lower cost of construction. Pat DeSimone, Palos Verdes Estates, stated that she was in support of a dog park at some location on the Peninsula. She highlighted the importance of animals to their owners and others in the community. Norbert Nastanski, Rancho Palos Verdes, stated that he has visited four dog parks in other communities and noted that dog parks are not placed in active park sites or near residences. He opined that Lower Hesse Park was an inappropriate location for a dog park due to the surrounding residences and activities currently held at Hesse Park. Mary Ashla, Rancho Palos Verdes, stated that she has dogs and is in favor of a dog park at Lower Hesse Park. She stated that dog parks bring people and communities together. Art Fine, Palos Verdes Estates, stated that he is in favor of a dog park on the Peninsula and encouraged the Council's consideration of a dog park at Lower Hesse Park. Bruce Megowan, Palos Verdes Estates, stated that he is in favor of a dog park on the Peninsula as 40 percent of homeowners in the United States have dogs. He noted that there were some concerns regarding the proposal for a dog park in a residential neighborhood around Hesse Park, and opined that the best location for a dog park is on the Palos Verdes Landfill which is removed from most residences. He stated that a combination of a dog and skate park makes a great deal of sense. Liz Cotton, Skatepark PV, Palos Verdes Estates, spoke in support of a skate park on the Peninsula. She stated that there is a need for a skate park so that people can skate legally on the Peninsula in a safe and welcoming area, and that there was not a need for additional tennis courts on the Peninsula. Sharon Yarber, Rancho Palos Verdes, stated that she is a dog owner, but noted that Lower Hesse Park is not an ideal location for a dog park or a skate park. She stated that the City of Rancho Palos Verdes should attempt to work collaboratively with the other cities on the Peninsula to identify an appropriate location for a dog park and spoke in support of many very small dog parks in neighborhoods to lessen the impact of traffic and safety issues. Julie Turner, Executive Director, San Pedro and Peninsula YMCA, San Pedro, reported that there are more than 1500 active members of the Peninsula on the YMCA, noting that they rely heavily on the parks, schools and libraries for use of their sites. She stated that she does not skateboard, but noted it is a very popular sport. She reported that two other newer concepts to consider are skate spots and skate plazas to meet the needs of the skateboarders. City Council Minutes November 16, 2010 Page 6 of 20 Diane Bassett, Palos Verdes Estates, stated that she is a dog trainer and expressed support for the proposed Catalina Plan for a dog park at Lower Hesse Park, noting that in the San Francisco Bay area there are small suburb communities with dog parks, which work very well in residential areas. Bill Gerstner, Rancho Palos Verdes, stated that he was in support of a skate park so that there is a location for the local children to have a safe and legal place to ride skate boards. Discussion ensued between Council and staff. Mayor Pro Tem Long moved, seconded by Councilman Campbell, to: 1) Approve Recommendation No. 2 to select the Pacific Plan for Lower Hesse Park as presented, with no dog park; 2) Approve Recommendation No. 3 to reopen the public outreach process for a skate facility in Lower Hesse Park, and bring public outreach results and any proposal for modification of the currently proposed design plans back for Council consideration; and request preliminary engineering and business plans from Skatepark Palos Verdes to be submitted within a four month period of time; and, 3) Direct staff to study design alternatives to address impacts on views, cost, and anticipated uses; and study the proposal for a skate park to evaluate issues such as supervision, safety rules, helmet requirements, fees, and multiuse of the site. The motion passed on the following roll call vote: AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz NOES: None ABSENT: None RECESS AND RECONVENE: Mayor Wolowicz called a brief recess from 9:11 P.M. to 9:22 P.M. Processing Issues Related to the Proposed Annenberg Project at Lower Point Vicente City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were sixty requests to speak on the item. Deputy Community Development Director Mihranian provided a staff report regarding the issues related to the Proposed Annenberg Project at Lower Point Vicente. Bill Gerstner, Chair, Planning Commission Chair, Rancho Palos Verdes, stated that issues that were being discussed in the hearings and early correspondence from Mr. Siegenthaler indicated that the process may take a more extensive period of time than originally anticipated, and other options and issues would need to be examined. He City Council Minutes November 16, 2010 Page 7 of 20 noted that the Planning Commission wished to receive direction from the Council regarding the City's threshold to overcome the challenges and the direction to take regarding the use of the land. He noted that the Planning Commission did not make a determination regarding the General Plan and asked that the item be brought to Council based on the Program of Utilization (POU), Deed restrictions, and the restricted use of the land. David Siegenthaler, National Park Service (NPS), stated that the NPS has not received a final proposal for the project and cannot make a final determination until that proposal is submitted. He expressed gratitude to City staff for the recent meetings regarding the project and encouraged continuing conversations with the NPS and the State of California regarding restrictions on the property and direction to be taken regarding the project. Discussion ensued between Council and staff. Barbara Bronson-Gray, Annenberg Foundation, stated that she would like to share a three minute video to provide information regarding the Annenberg Foundation and the power of an idea to make significant and positive change in the community. Leonard Aube, Annenberg Foundation, stated that the presentation was important as it illustrated that all of the stakeholders in the video were fundamentally opposed to the concept that led to the project. He noted that it represented a paradigm shift in the way we think about solving some of the most complicated and complex societal issues. He reported that after four years of thoughtful planning, the leadership of the City and Annenberg Foundation are on a threshold of a unique opportunity to combine a public and private partnership to create a Discovery Park where a marine aquatic experience, terrestrial habitat and a conversation about human education in an environment that is consistent with a family experience. Karen Savich, Rancho Palos Verdes, spoke in support of the Annenberg project at the Lower Point Vicente site, noting that she viewed it as an enhancement to the area as a recreational and educational destination Roger Mills, Rancho Palos Verdes, spoke in opposition to the Annenberg project noting concerns with increased development along the coast over the years and the loss of the ocean view and natural habitat. Rebecca Simon, Rancho Palos Verdes, spoke in opposition to the Annenberg project and noted that the City would be donating public property at Lower Pt. Vicente for the use of the Annenberg Foundation. She stated that one non-compliant use, the use as agricultural land, of the property does not justify another and inquired as to the reason for the delay in contact between the NPS and City staff. She stated that the Annenberg Project did not comply with the description of the Lower Pt. Vicente property as open space and recreational. City Council Minutes November 16, 2010 Page 8 of 20 Mark Sturgeon, Rancho Palos Verdes, stated that the Annenberg Project is a beautiful project and would be a great asset to the City, but noted that Lower Pt. Vicente was the wrong location for the project and suggested an alternate site for the facility. He noted that the deed restrictions and Program of Utilization clearly indicate that many aspects of the project would not be approved and the land cannot be leased to a private corporation such as the Annenberg Foundation. Bob Critelli, Rancho Palos Verdes, spoke in opposition to the Annenberg project and that it would be placed on the 26-acre open space parkland at Lower Pt. Vicente. He reported that there was little outreach to those who would lose their views and have a decrease in property valuation. He opined that the project is illegal and a disgrace that it has progressed to this point and noted that Rancho Palos Verdes is not for sale. Don Eichhorn, Rolling Hills Estates, stated that he loves the Peninsula and reminisced about the former Marineland site in Rancho Palos Verdes and the subsequent Marineland exhibit at PVIC as being very popular. He reported that the Pt. Vicente Interpretive Center was a controversial project and received a 3-2 Council vote of approval, but is now considered a gem. He spoke in support of the Annenberg Project noting that it is compatible with the site and will be looked at as another gem and part of a crowning achievement in the future. Betty Strauss, Rancho Palos Verdes, stated that everyone is proud of all the accomplishments of the Annenberg Foundation, but noted that the proposed project is a good idea but proposed for the wrong location. She noted that PVIC is a gem and has a wonderful educational component which teaches about the marine wildlife of the area, but that there are several locations on the Peninsula that allows for opportunities to learn about pet adoptions and the training of animals. She noted that the children of the inner city of Los Angeles do not have safe places to visit and would love to have a project such as this to enjoy. Michael Gill, Palos Verdes Estates, spoke in opposition to the Annenberg Project at the particular site of Lower Pt. Vicente. He stated that the two letters from the NPS and California Department of Parks and Recreation point out that the project is not suitable for and compliant with the deed restrictions for the site. Lynn Swank, Rancho Palos Verdes, stated that many Presidents and congress have had the vision of create of public parkland for the benefit and enjoyment of the people and public access was considered crucial. She stated that she and other docents worked hard to ensure that the PVIC expansion project was carefully in line with the deed restrictions and consistent with the marine ecology of the area. She reported that she has a vision to be able to state that she lives in a city where the Council has the vision to conserve coastline property and develop it minimally so that future generations can experience the untarnished coastal property. City Council Minutes November 16, 2010 Page 9 of 20 Joan Barry, Rancho Palos Verdes, stated that she believed the Annenberg Project has been developed into a wonderful plan that would be an asset to the City. She noted that the building would only utilize 5 percent of the entire project, while the remainder of the land would be devoted to native habitat and outdoor exhibits on land and sea animals, unique geology, native peoples, and sound environmental practices such as the replacement of non-native habitat to improve watershed. She stated that the passive recreation would directly tie into the PVIC and outdoor living museum which the City approved in 2004. Cinthia Joyce, Manhattan Beach, spoke in support of the Annenberg Project to make an elegant improvement to the already existing Pt. Vicente Interpretive Center which would be enjoyed by local residents and all Southern Californians. She stated that the restoration of the native plants will improve the habitat for the native animals; buildings will blend into the environment in an unobtrusive manner; and the use of underground parking, natural grass covered roofs, and the use of solar power are ecologically sound innovative ideas. Katie Traeger and Lenee Bilski, Rancho Palos Verdes, provided a statement and PowerPoint presentation regarding the General Plan, Program of Utilization, and public access for the proposed Annenberg Project. She stated that the project has changed since its proposal in 2008 and is an enormous project, with 58% of the building not for public access and 39% of the indoor usable space not for public access. She highlighted the parking areas, mechanical equipment, auditorium and educational areas and noted that 15% of the total space was dedicated to education. She highlighted the outdoor exhibits, Tonga Village, archaeological dig, and dry farming which is one-tenth of an acre; and compared this to the 20,000 square foot private dog agility field in the back of the project. Eva Cicoria, Rancho Palos Verdes, reviewed a few rules of statutory interpretation, noting that statutes are to be read as a harmonious whole. She indicated that the General Plan, General Plan Map, Land Use Map, Zoning Code, Coastal Specific Plan, and the Deed and Program of Utilization all point in one direction. She recited the Municipal Code description for institutional uses and stated that the proposed building is an institutional use for parkland that is not for institutional use. She stated that the value of the legal framework that the City's Founders gave us for protecting the open spaces we now have in the coastal zone is immeasureable and that approval of the project would be a flagrant disregard for our laws. Dena Friedson, Palos Verdes Estates, spoke in opposition to the Annenberg Project at the Lower Pt. Vicente since the property was given by the US Government as a gift to the Los Angeles County in 1978 for the general public. The only price the County was asked to pay was to guarantee that the property be used in perpetuity for public passive recreational pursuits closely oriented to the attributes of the Pacific Ocean as stated in the Los Angeles County Deed and Program of Utilization. She continued that because of these restrictions, Lower Pt. Vicente has always been designated for use as passive City Council Minutes November 16, 2010 Page 10 of 20 open-space recreation and the City acquired ownership of the property in 2004 and signed an agreement to honor in perpetuity the restrictions guaranteed by the County. She noted that the property can only to sold or leased only to another eligible government agency and noted that the Annenberg Foundation does not qualify as a lessee. Valerie Mucha, Rancho Palos Verdes, stated that the land for the proposed Annenberg Project should remain undeveloped so that the view of the Pacific Ocean can be protected and noted that there is a pet hospital in the Golden Cove Center and the City already has an Interpretive Center. Mark Knoernschild, Rancho Palos Verdes, stated that Mr. Siegenthaler's letter from the NPS does not provide the City much hope for the project and he suggested that the City Council consider discontinuing the proposal at this time. Elizabeth Hoffman, Rancho Palos Verdes, stated that future generations do not need a huge marble building surrounded by cement with high tech electronic entertainment as proposed. She noted that future generations need open space and natural environment and pointed out that some actions are irrevocable. Lorraine and Tim O'Grady, stated that they are in favor of the Annenberg Project at Lower Pt. Vicente Park for the following reasons: the design will be beautiful and environmentally and neighborhood friendly; it will be open to everyone free of charge; it will be educational and a compliment to the mission of the PVIC; it will provide opportunities for volunteerism; and it will provide improvement over the current condition of the site and is consistent with the Vision Plan in its use. She noted that the gift to the City would complete Lower Pt. Vicente Park in an appropriate and beautiful way. Dr. Anthony Rose, Rancho Palos Verdes, stated that he has always loved the coastal area of the Lower Pt. Vicente and noted that he would like to see the site remain pretty much in the state that it is in currently. He noted that his background is in humane education and he has participated wildlife and nature conservation in Africa. He stated that the project should be phased in with work on the interpretive areas and restoration of the natural habitat. He concluded that the animal care facility and perhaps a dog park would be more appropriately located at the site that was previously the Palos Verdes landfill site. Peter Jensen, Rancho Palos Verdes, stated that the Annenberg Project is not appropriate for the site, noting that the Coastal Vision Plan was funded by the Annenberg Foundation. He stated that no mention was made of the Animal Care Facility at the first workshop regarding the Vision Plan. He continued that at the second workshop Annenberg introduced the proposed Pet Appreciation Center as fulfillment of the vision of the City, noting this concept was being used to advance the interests of the sponsoring private entity on publically owned land. He opined that the use of the site City Council Minutes November 16, 2010 Page 11 of 20 should stay true to the General Plan and Zoning of the City to be used for passive recreation and open space, not as subordinated to a private entity's vision. RECESS AND RECONVENE: Mayor Wolowicz called a brief recess from 11:09 P.M. to 11:17 P.M. Barbara Sattler, Rancho Palos Verdes, stated that the building, hardscape and focus on domestic animals of the proposed Annenberg Project is not in compliance with the City's General Plan, land use regulations, or deed restrictions for the site. She noted that any project going through the planning process should first be evaluated regarding the land use regulations for the site. She requested that the General Plan not be modified to fit the project and noted that the project has outdoor amenities that are in compliance with land use regulations and City's goals including the restoration of native vegetation and the construction of a Tongva village. Barbara Gleghorn, Rancho Palos Verdes, provided a brief history of the incorporation of the City of Rancho Palos Verdes and the continuing problem of citizens vs. moneyed interests. She added that the Federal government disposed of surplus land, noting that the coastal areas have been restricted for passive recreation. She concluded that Lower Pt. Vicente should be retained as open space which belongs to the people. Lori Jones, Rancho Palos Verdes, stated that there is no mention in the brochure or on the Annenberg Foundation site regarding the proposed Executive Suite with a private restroom for Wallis Annenberg, Administration Offices Lounge, and a Boardroom for the Foundation Board of Trustees which is not public parkland use. She stated that she has helped to collect 689 signatures in opposition to the Annenberg Project and recommended keeping the site in its current state. Sue Ham, Rancho Palos Verdes, stated that the Annenberg Project was about the gift from the Annenberg Foundation of a 51,000 square foot animal shelter and pet housing, but was also about the taking away of public land. She stated that she was opposed to the project which would take away from the public the scenery and views, fresh sea air, and tranquility from all residents of Rancho Palos Verdes and the South Bay. She continued that if the project was approved it would take away faith in the land as a country of laws and principles, and noted that if approved the project would be challenged in court. She concluded that what the project proposed to give was replaceable, what it proposed to take away was not. James Cowan, Rancho Palos Verdes, stated that he has two dogs that he walks by the Pt. Vicente Interpretive Center. He noted that he has not been inside of the PVIC facility but reported that he has had to walk around some of the wedding events that take place outdoors. He noted that he has not seen students at the site so questioned the educational component of the Interpretive Center. City Council Minutes November 16, 2010 Page 12 of 20 John Wessel, Rancho Palos Verdes, stated that he is one of the volunteer keepers of the Upper Pt. Vicente area for the Palos Verdes Peninsula Land Conservancy (PVPLC) and stated that he recently noticed well developed natural vegetation along the bluff side. He noted that vegetation of the site is important for the migration of native endangered species of cactus wren and gnat catchers which connects with the Lower Pt. Vicente site. He stated that he was strongly opposed Annenberg Project at Lower Pt. Vicente and suggested the consideration of moving the Annenberg Project to the Upper Pt Vicente site between City Hall and the Salvation Army. Michael Peters, Rancho Palos Verdes, stated that he was opposed to the Annenberg Project. He stated that he understood that the Annenberg Foundation desired to lease the project from the City and suggested terminating the proposal at this time. Cassie Jones, Rancho Palos Verdes, stated that human discourse with animals in current day society is all recreational including raising animals, riding horses, scuba diving, racing horses, and visiting zoos. She noted that there is definite relationship between domestic and wild animals and a relationship between animals and humans. She stated that the two aspects do coexist as a public and private collaboration in areas such as Griffith Park, the Griffith Observatory, and the Los Angeles Zoo. Elizabeth Sala, Rancho Palos Verdes, stated that she is opposed to the Annenberg Project and had concerns regarding the funding of staff time to work on the project. She stated that people need open space for emotional, physical, and spiritual reasons, and has noted that the Peninsula is losing the precious resource of open space as time passes. Vic Quirarte, Rancho Palos Verdes, stated many erroneous statements have been made regarding the project. He stated that there are two rooms that will not be available to the public, the teacher work rooms and one office manager area which will not be open during business hours. He noted that he suspected the veterinarian area would be off limits at times and noted that only 5% of the available land at the site is proposed to be used for the Annenberg Project. He reported that several thousand children visit the PVIC site each year. Lee Boyles, Rancho Palos Verdes, stated that she is in favor of the Annenberg Project at the Lower Pt. Vicente site, which she noted would be a beautiful facility to be used by the general public. Julie Beckman reading comments of Tina Quinn, Palos Verdes Estates, stated that the Annenberg Project would offer educational opportunities for children, exposure to new environmental technologies, and opportunity to walk around with native plants and all aspects of the project from which the community will benefit. She noted that her special education daughter would benefit from a project of this nature. City Council Minutes November 16, 2010 Page 13 of 20 Mary Jane Schoenheider, Palos Verdes Estates, stated that she recently visited the site and viewed the actual area where the Annenberg Project is proposed to be built. She stated that she supported the project and the small portion of the property that it would utilize. She continued that it was a wonderful gift from the Annenberg Foundation to preserve the history of the area with educational programs, exhibits, expanded coastal and open space access, and funding for the completion of the PVIC, which is consistent with the General Plan and Coastal Specific Plan. Rosemary Campbell, Rancho Palos Verdes, provided the perspective of a gift, stating that it was not outdoors, not recreational, has almost nothing to do with the Pacific Ocean, and may not be public. She noted that some have described this project as a gift and inquired as to whom the Annenberg Project would really benefit, since the property at 20.5 usable acres as public parkland has an approximate current value of $102 million, which will increase dramatically over the coming years, so that in 50 years the land will be worth approximately $280 million. She opined that this project would be a gift to the Annenberg's and the descendents of the Annenberg Family will own a building on the parkland in coming years; she suggested an alternate location in the City for the Annenberg Project and that the Lower Pt. Vicente property remain 100% public parkland. Ken Dyda, Rancho Palos Verdes, stated that the City Council should not make a decision tonight and should remand the project back to the Planning Commission since they did not have the information regarding the deed restrictions that is now available. He noted that there is an opportunity to examine the plan through the Planning Commission process and make the adjustments to the project if appropriate. Andrea Sala, Rolling Hills Estates, stated that she has seen a very thoughtful process as the Annenberg Project as been moved forward. She spoke in support of the proposed project as a gift from the Annenberg Foundation, as the Foundation has done wonderful work throughout the world. She urged the Council to do all it can to see the Annenberg Project through to completion. Pam Crane, Rolling Hills, stated that she supported the preservation of open space and to preserve and protect the native flora and fauna on the Peninsula. She stated that she supports the Annenberg Project which will benefit the entire community. Stephanie Rizzi, spoke in support of the Annenberg Project. She reported that she recently drove by the Annenberg Beach House in Santa Monica, noting that this project had much opposition in the beginning. She noted that the Annenberg Foundation worked with the community to make it a viable and successful project that is open to the public. She stated that the Annenberg Foundation would work with the City to: 1) create a first class interpretive center; 2) enhance the native landscape; 3) increase public access to Lower Pt. Vicente; 4) add necessary trails and walkways; and, 5) provide many educational programs for people of all ages and socio-economic groups. City Council Minutes November 16, 2010 Page 14 of 20 She stated that the view corridor of the landscape outside of the PVIC would be greatly enhanced by the Annenberg Project. Mark Goldstein, stated that he is a veterinarian by trade and is currently the President and CEO of the San Diego Humane Society and Society for the Prevention of Cruelty to Animals (SPCA). He reported on two concepts In Search of Excellence and the Value of Education and Impacting Future Generations and shared his experience with the Annenberg Foundation as they worked with the San Diego Zoo, listening to the community in helping that project evolve. Kirk Retz, Rolling Hills Estates, stated that discussing the project at this point seemed premature at this time and opined that the project should be sent back through the Planning Commission process. He stated that when the expansion of PVIC took place, it was approved by the Federal government because the facility's purpose was not compromised and they endorsed the expansion of educational and recreational activities. He noted that the structure would take only 3% of land of the open space land. Julie Beckman reading comments for Kathy Erickson, stated that the Annenberg Project would be an outstanding facility for: 1) people to enjoy the parkland; 2) children and the community to learn about the area; 3) internship opportunities; and, 4) gathering place for community members. She noted that it would be a wonderful venue for the community to enjoy the unique relationship with the Peninsula's distinctive environment. Sunshine, Rancho Palos Verdes, stated that Lower Pt. Vicente needs only remedial grading to improve the drainage to the site; and noted that the institutional land use by the companion Animal Center cannot be changed as it would set a bad precedent for future possible developments. She stated that it is clear that the Annenberg Project cannot be granted entitlements to build on the former Federal land site. Valerie Blitz, Rancho Palos Verdes, stated that the controversy regarding the Annenberg Project represents a battle between principal and the loss of the parkland versus enormous wealth and power. She stated that the intention in several of the documents governing the property is that the park is for public's outdoor passive recreation in perpetuity, and any structures are to be low profile and minimal for purposes of enjoying the natural environment of the land. She requested that the Annenberg Foundation help to protect the preservation of the coast and Lower Pt. Vicente, and stated that the public desires to enjoy the public parkland as it currently exists into perpetuity. Valerie Blitz reading comments for Murray Blitz, Rancho Palos Verdes, stated that he had hoped to retire near the sea. He stated that prior to purchasing his home he was assured by the City that other than the PVIC expansion already in the planning process, the land at Lower Pt. Vicente would not be developed. He concluded that the land be City Council Minutes November 16, 2010 Page 15 of 20 preserved in perpetuity for public passive recreational pursuits and requested that the rare coastal gem be saved for public enjoyment. Linda Retz, stated that some misrepresentations have been made regarding the Annenberg Project, noting that she was a proponent of open space and is in favor of the project. She stated that the Annenberg Foundation has taken great care in the design of the project to demonstrate concern with preserving and protecting the environment. She noted that the Annenberg Foundation is a non-profit organization spending millions of dollars to make a gift of an educational and public facility to the community. She encouraged the public to visit the Santa Monica Beach House and the Center for Photography in Century City to see the attention that the Foundation has taken to preserve the natural beauty with gifts to those communities. Barbara Stinchfield, stated that she enthusiastically supported the Annenberg Foundation as an organization. She reported on her experience working as the Director of Community and Cultural Services for the City of Santa Monica with the Annenberg Foundation as partner in the development of the Annenberg Community Beach House at Santa Monica State Beach. She stated that much opportunity and value can be brought to a community with a partnership with the Annenberg Foundation, noting that the Foundation has vision, generosity, integrity and high level of professionalism. She noted that the Beach House project was highly controversial, but the Foundation was able to act as a flexible partner to bring the project to a successful completion two years ago. She concluded that domestic animals do play an important recreational role in the lives of those in the local community and encouraged support of the Annenberg Project. Dave Wiggins, Local Conservation Director, Sierra Club, Redondo Beach, stated that the Sierra Club supports the stewardship stance that the NPS took regarding this particular development. He highlighted several portions of the NPS letter regarding the strong reservations the NPS expressed regarding the particular project and the lack of sufficient justification for the development of the Annenberg Project that would occupy open space land. He noted that staff members met with personnel of the NPS in October after which it noted that as presented the project would not conform to the Program of Utilization under the Federal land to parks program in a letter dated October 8, 2010. He concluded that the legal restrictions need to be addressed before the project continues to move forward. Sharon Yarber, Rancho Palos Verdes, stated that the Annenberg Project does not comply with the General Plan, should not be sent back to the Planning Commission and should not move forward. She stated that the project does not protect the open space and highlighted that the nearly 700 hundred signatures on the petitions signed by representatives from many California communities as the coast belongs to all of the public and all people desire the preservation of the area. She noted that structures are not supported on the site other than the specific PVIC building, and stated that staff should not be working as an advocate for the Annenberg Project. She stated that community surveys have never reflected a need for this type of facility; and in 2003 the City Council Minutes November 16, 2010 Page 16 of 20 Council determined that Lower Pt. Vicente should only be used for passive recreation and open space vistas. Howard Litwak, Project Manager, Annenberg Foundation, stated that the City Council made the determination in September 2008 that the Annenberg Project was in compliance with the General Plan and the Annenberg Project proceeded forward on the approval of the Council's decision. He continued that there was no additional parking proposed for the site other than that which was previously approved in 1998, noting that some of the parking was moved to under the building rather than out in the public to minimize the visibility of the parking and to reduce coverage. He stated that the previously approved outdoor history museum was being developed and incorporated into the project after the initial project was proposed. He stated that regarding the POU, the City Attorney had determined that there was to be no discussion of the future business relationship between the Annenberg Foundation and the City until the entitlement process was completed, so that no conclusions regarding the property have been determined at this time. He noted that the Foundation was not buying, taking, or owning the land. He noted that the 20,000 square foot area described as the dog activity area and portions of the building are not private areas or not accessible to the public, unless certain activities or programs are being held on occasion at that particular location. He added that the parking area is publically accessible and the medical area is accessible through tours and the offices are available to support the programs and the public will be welcomed to the offices. David Sundstrom, Board Member, California Native Plant Society, Rancho Palos Verdes, stated that the Lower Pt. Vicente site needs clean-up of much of the vegetation, noting that he looks forward to the use of public funds at some point in the future for restoration of the site and urged patience for the voters to achieve this goal. He stated that it is in the public interest to be good custodians of the land until money is available for restoration, and noted that the Annenberg Project is a poor substitute for quality open space restoration since it is affected by fragmentation edge effects of the property and multi-uses of the property which would minimize the value of the habitat. RECESS AND RECONVENE: Mayor Wolowicz called a brief recess from 12:41 P.M. to 12:48 P.M. David Siegenthaler, NPS, United States Department of the Interior, stated that the letter from the NPS is the kind of letter the NPS would send to any agency proposing a project to outline the parameters within which the agency needed to make their proposal. He continued that the purpose of the letter was to provide an indication of the types of things that may not comply with the POU and the Land and Water Conservation Fund Program, and to identify for the City other routes would be if the proposal did not fit within the guidelines of the programs. He stated that since the NPS has not received a formal proposal from the City, the NPS has not made a determination on the project. City Council Minutes November 16, 2010 Page 17 of 20 Bill Gerstner, Chair, Planning Commission, stated that the Planning Commission did not take a vote regarding the compatibility of the Annenberg Project with the General Plan, but the majority of the Planning Commissioners viewed the existing proposal as inconsistent with the General Plan, although the discussion focused on the deed restrictions and the POU for the property. Council and staff discussion ensued. Mayor Pro Tem Long moved, seconded by Councilman Stern, to adopt the staff recommendation, as presented. Council and staff discussion continued. The motion failed on the following roll call vote: AYES: Long and Stern NOES: Campbell, Misetich, and Mayor Wolowicz ABSENT: None RECESS AND RECONVENE: Mayor Wolowicz called a brief recess from 1:44 P.M. to 1:49 P.M. City Response to Resident Letter/Petition Regarding Abalone Cove Nature Education Grant Application City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding this item. Councilman Stern moved, seconded by Mayor Pro Tem Long, to waive the staff report and hear the speaker on the item. Without objection, Mayor Wolowicz so ordered. Lynn Swank, Rancho Palos Verdes, stated that at the request of Mayor Pro Tem Long, City staff prepared a letter rebutting the letter sent to the State regarding the Abalone Cove Nature Building. She reported that staff referred to the letter as being from Eva Cicoria, which is inaccurate, and noted that the letter was actually from participants in Save Our Shoreline, and was signed by Mrs. Cicoria on behalf of the group. She stated that the rebuttal letter to the State was not necessary and the staff report prejudged issues that would need to be addressed and approved before the project could proceed. She suggested abandoning the grant application at this time, noting that the City should go through the necessary steps to plan thoughtful improvements correctly which would benefit from citizen support. City Council Minutes November 16, 2010 Page 18 of 20 Councilman Stern moved, seconded by Mayor Pro Tem Long, to authorize the City response letter to be sent as amended with the phrase "for Save Our Shoreline" to be added to Line 1 of the letter (the first sentence) to read "This letter serves as the City's response to the letter sent by Ms. Eva Cicoria, for Save Our Shoreline, dated October 5, 2010, ...". The motion passed on the following roll call vote: AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz NOES: None ABSENT: None Draft 2010 Standardized Emergency Management System (SEMS)/National Incident Management System (NIMS) Multi-Hazard Functional Emergency Operations Plan Council waived a staff report at this time. Councilman Stern moved, seconded by Councilman Misetich, to adopt the staff recommendation to continue the item to November 30, 2010 for final approval. Without objection, Mayor Wolowicz so ordered. Municipal Area Express (MAX) Mayor Pro Tem Long moved, seconded by Councilman Stern, to waive the staff report and adopt the staff recommendation to: Direct Staff to notify interested parties (e.g., riders and agencies) that on November 30, 2010, the City will consider whether to continue its participation in the commuter transportation transit service known as Municipal Area Express (MAX). Notification in advance of the November 30th City p p Council meeting would include signs posted on MAX bus stops, a press release, Listsery messages and a notification on the City's website. Without objection, Mayor Wolowicz so ordered. Employee Health Insurance Premiums for 2011 City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding this item. Human Resources Manager Mausser provided a brief staff report regarding the item. Councilman Stern moved, seconded by Councilman Campbell, to adopt the staff recommendation to: ADOPT RESOLUTION NO. 2010-102, A RESOLUTION OF THE City Council Minutes November 16, 2010 Page 19 of 20 CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING THE CITY'S MAXIMUM MONTHLY CONTRIBUTION AMOUNTS FOR EMPLOYEE HEALTH INSURANCE PREMIUMS FOR CALENDAR YEAR 2011. Council discussion ensued. The motion passed on the following roll call vote: AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz NOES: None ABSENT: None CITY COUNCIL ORAL REPORTS: This item was deferred to the next Council meeting. CLOSED SESSION REPORT: City Attorney Lynch reported that the Council unanimously directed staff to prepare an ordinance that will establish a ministerial process to adjust the Landslide Moratorium boundary lines, with the ordinance to be brought back for Council consideration at a future meeting. ADJOURNMENT: At 2:10 A.M., Mayor Wolowicz adjourned the meeting to Tuesday, November 30, 2010 at 7:00 P.M. at Hesse Park for an Adjourned Regular Meeting. Attest: City Clerk W: \City Council Minutes\2010\20101116 CC MINS.doc City Council Minutes November 16, 2010 Page 20 of 20