CC MINS 20080318 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
MARCH 18, 2008
The meeting was called to order at 7:00 P.M. by Mayor Stern at Fred Hesse Community Park,
29301 Hawthorne Boulevard.
City Council roll call was answered as follows:
PRESENT: Clark, Gardiner, Long, Wolowicz, and Mayor Stern
ABSENT: None
Also present were Carol Lynch, City Attorney; Carolynn Petru, Deputy City Manager; Dennis
McLean, Director of Finance and Information Technology; Jim Bell, Director of Public Works;
Greg Pfost, Deputy Planning Director; Ara Mihranian, Principal Planner; John Alvarez, Senior
Planner; Kathryn Downs, Deputy Director of Finance and Information Technology; Gary Gyves,
Senior Administrative Analyst; and, Carla Morreale, City Clerk
FLAG SALUTE:
The Flag Salute was led by Councilman Wolowicz.
CEREMONIAL:
Mayor Stern presented a Proclamation to Jacki Bacharach and a City Tile to Outgoing Finance
Advisory Committee (FAC) Member Bob Nelson.
MAYOR'S ANNOUNCEMENTS:
Mayor Stern reported on a recent article in the Daily Breeze regarding Public Records Act
requests received by the City which contained a statement erroneously credited to Mr.
Rawlings, which was corrected in a subsequent issue of the newspaper.
Councilman Gardiner voiced concern with Mayor Stern's comments over the past few meetings
and stated his view of the Public Records Act request matter.
RECYCLE DRAWING:
Mayor Stern announced Recyclers of the Month from the February 19, 2008 City Council
meeting: Michael Bozanich and Richard C. West. 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 AGENDA:
Mayor Pro Tem Clark moved, seconded by Councilman Wolowicz, to approve the Agenda, as
amended, to move Item 12 to follow immediately after the Consent Calendar.
Without objection, Mayor Stern so ordered.
City Council Minutes
March 18, 2008
Page 1of11
PUBLIC COMMENTS:
Sunshine, Rancho Palos Verdes, commented on the work of the Public Use Master Plan
(PUMP) Committee and the need for clarity on the State's directives regarding private property
adjacent to conservation and trail easements in the Portuguese Bend Nature Preserve.
CITY MANAGER REPORT:
City Attorney Lynch provided an update on several Public Records Act requests received by the
City.
Councilman Gardiner reported that to set the record straight, neither he nor his counsel has
requested records under the Public Records Act. He indicated that he has requested
documents for informational purposes as a member of City Council.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
Councilman Long moved, seconded by Mayor Pro Tem Clark, to approve the Consent
Calendar, with Item 3 removed from the Consent Calendar for separate consideration.
The motion carried on the following roll call vote:
AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
ABSENT: None
ABSTAIN: 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 (301)
Approved the Minutes of the December 18, 2007 Regular Meeting.
Professional Services Agreement for the Preparation of a Citywide Cost-Based Fee Study
(602)
This item was removed from the Consent Calendar for separate consideration.
Professional Services Agreement for Arterial Roadway Rehabilitation Program (1404)
Approved changes to the Professional Services Agreement (PSA) with Willdan.
General Services Agreement with Los Angeles County(308)
City Council Minutes
March 18, 2008
Page 2 of 11
1) ADOPTED RESOLUTION NO. 2008-21, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE GENERAL SERVICES AGREEMENT WITH THE COUNTY OF LOS
ANGELES COVERING THE PERIOD OF JULY 1, 2008 TO JUNE 30, 2013.
Letter of Support for Residents that Have Filed a Complaint with the California Public
Utilities Commission (CPUC) Related to Excessive Power Interruptions (310)
Authorized the Mayor to sign the letter of support for residents in the Country Club subdivision
that have filed a complaint with the CPUC related to excessive electrical power interruptions.
Professional Independent Audit Services— Request For Proposal (602)
1) Approved the attached Request for Proposal for professional independent audit services;
and, 2) Authorized Staff to solicit proposals from qualified Certified Public Accountant firms with
experience auditing governmental agencies.
Register of Demands
ADOPTED RESOLUTION NO. 2008-22, 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.
# # # # # #
Memorial for LAPD SWAT Officer Randal Simmons (1201)
Deputy City Manager Petru provided a summary staff report on the item.
Council and staff discussion included the following issues: sites considered by staff; the
possibility of including Officer Randal Simmons's name in the name of the park; and, support for
a proposal by a neighborhood group to rename the street that Officer Simmons resided on in his
memory.
Mayor Pro Tem Clark moved, seconded by Mayor Stern, to: 1) Direct staff to begin the process
for the naming of the pedestrian bridge in Sunset Point Park the "Officer Randal Simmons
Memorial Bridge;" and, 2) Direct staff to return to Council with a budget adjustment to install
appropriate signage in the park, place a plaque at the bridge and host a dedication ceremony.
Without objection, Mayor Stern so ordered.
PUBLIC HEARINGS:
Appeal of View Restoration Permit No. 2007-00019 [Applicant/Appellant: Dr. and Mrs.
Ralph Allman, 5335 Rolling Ridge Road; Foliage Owner/Appellant: Mr. and Mrs. Doug
Trowbridge, 5333 Rolling Ridge Road] [Continued from March 4, 2008] (Alvarez) (1806)
City Clerk Morreale reported that this item was continued from the March 4, 2008 City Council
meeting and late correspondence was distributed prior to the meeting.
City Council Minutes
March 18, 2008
Page 3of11
At 7:38 P.M., Councilman Long recused himself from discussion of the item and left the dais.
Councilman Gardiner also left the dais at 7:38 P.M., as he had not participated in the prior
discussions of the item.
Patsie Trowbridge, foliage owner/appellant, Rancho Palos Verdes, thanked Councilman Long
for recusing himself as he had received campaign donations from Dr. Allman. She asserted that
their lot was steep, which made it especially hard to trim the trees. She stated that they had a
witness who would testify that the previous owner had planted the trees and presented new
photographic evidence. Mrs. Trowbridge read from a letter she had sent to Senior Planner John
Alvarez regarding the danger of lacing and crowning trees and the cost of replacing trees.
Doug Trowbridge, foliage owner/appellant, Rancho Palos Verdes, summarized his side of the
view restoration issue maintaining that the foliage was view impairing when the lot for first
created in 1965.
Ralph Allman, applicant/appellant, Rancho Palos Verdes, asserted that he was being maligned
by the Trowbridges, complained about the presence of the City Arborist, and reviewed the
proposed compromise using a map.
Peggi Collins,, attorney for the Dr. Allman, Rancho Palos Verdes, summarized the definition of
the View Restoration Ordinance and the right to a view from the Allman's property.
Council discussion included clarification of the Allman's appeal and the intent of the View
Restoration Ordinance.
Bill Gerstner, Rancho Palos Verdes, spoke about the exemption for pre-existing view
impairments in the View Restoration Ordinance and the need to have the extent of the impacts
defined.
Council and staff discussion included the following issues: the presence of trees that are
obscured by Tree Nos. 1 and 2; review of the trees and their impact on the view; the City
Arborist's explanation regarding his determination that Tree Nos. 1 and 2 were view impairing in
1965; and, staff's position which is unchanged from the previous meeting, except for an
amendment to add a condition for Tree No. 13 to be trimmed.
Mrs. Trowbridge clarified where her property was on an aerial photo.
Mr. Trowbridge spoke about the City Arborist's changing testimony on which trees were view
impairing.
Mr. Allman reviewed photos that seemed to offer conflicting conclusions and spoke about the
changing testimony from the Senior Planner.
Council and staff discussion included the following issues: a detailed explanation of the staff
recommendation; uncertainty over Tree Nos. 1 and 2 being view impairing in 1965; weak and
confusing evidence; and, an assertion that only Tree No. 2 should be found to have been view
impairing in 1965.
Mayor Stern moved, seconded by Councilman Wolowicz, to approve the staff recommendation
with Tree No. 1 found to be subject to view restoration and the City Arborist's recommendation
for that tree to be crown raised.
City Council Minutes
March 18, 2008
Page 4 of 11
Further Council and staff discussion included the follow topics: the determination that Tree Nos.
1 and 2 were over fifty years old, which is inconsistent with the assertion that Tree No. 1 was
planted in 1959; review of conflicting evidence; an explanation and review of the core-boring
evidence; questions regarding the height at which the trees become view impairing; and, the
lack of base elevation information for trees other than Tree Nos. 1 and 2.
The motion failed on the following roll call vote:
AYES: Wolowicz and Mayor Stern
NOES: Clark
ABSTAIN: None
ABSENT: Gardiner, Long
Mayor Pro Tem Clark moved, seconded by Councilman Wolowicz, to approve the staff
recommendation.
The motion failed on the following roll call vote:
AYES: Clark and Wolowicz
NOES: Mayor Stern
ABSTAIN: None
ABSENT: Gardiner, Long
Council and staff discussed the options if the Council could not arrive at a consensus on the
matter.
Councilman Wolowicz moved, seconded by Mayor Pro Tem Clark, to reconsider the motion.
The motion carried on the following roll call vote:
AYES: Clark, Wolowicz, and Mayor Stern
NOES: None
ABSTAIN: None
ABSENT: Gardiner, Long
Mayor Pro Tem Clark moved, seconded by Councilman Wolowicz, to deny the appellants'
appeals and affirm the Planning Commission decision with an amendment to add a condition for
Tree No. 13 to be trimmed. Staff was directed to return with a resolution to commemorate the
decision.
The motion carried on the following roll call vote:
AYES: Clark, Wolowicz, and Mayor Stern
NOES: None
ABSTAIN: None
ABSENT: Gardiner, Long
RECESS AND RECONVENE:
Mayor Stern called a recess from 9:12 P.M. to 9:21 P.M.
City Council Minutes
March 18, 2008
Page 5 of 11
At 9:21 P.M., Councilman Gardiner and Councilman Long returned to the dais.
Appeal of a Height Variation, Grading Permit, Site Plan Review and Extreme Slope Permit
(Case No. ZON2007-00179) [5329 Bayridge Road] (1804)
City Clerk Morreale reported that notice of the public hearing was duly published and written
protests included in the late correspondence distributed prior to the meeting.
Mayor Pro Tem Clark moved, seconded by Councilman Long, to continue the item to the April
15, 2008 City Council meeting.
Without objection, Mayor Stern so ordered.
# # # # # #
PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:
REGULAR NEW BUSINESS:
Establishment of an Audit Committee (602)
Finance/IT Director McLean provided a brief staff report on the item.
Councilman Wolowicz suggested the establishment of an Audit Committee and asserted that
while internal controls could be costly, they are a necessary fiduciary responsibility. He reported
having seen positive results of an audit committee in other areas and encouraged the adoption
of the recommendation to form an audit committee.
Councilman Wolowicz moved, seconded by Councilman Gardiner, to approve the formation of
an Audit Committee.
Council and staff discussion included the following issues: support for the concept of an Audit
Committee, but concern that staff could not afford to dedicate the necessary resources; the
costs/benefits of supporting an Audit Committee; support for the item as a way to tie together
the CAFR, Two-Year Budget, and Five-Year Model; comments regarding the typical tasks,
length, and frequency of meetings for an Audit Committee; and, the time frame for the
committee to become operational in order to participate in the next audit process.
Mayor Pro Tem Clark proposed a substitute motion to amend the staff recommendation to direct
staff to prepare an analysis regarding the merits and issues related to the establishment of an
ad-hoc committee of the City Council to serve as the Audit Committee during FY08-09. Mayor
Stern seconded the motion.
The motion failed on the following roll call vote:
AYES: Clark and Mayor Stern
NOES: Gardiner, Long, Wolowicz
Further Council and staff discussion included the following issues: the possibility of the FAC
taking on the responsibility of the audit oversight; the original concept for a standing or Ad-Hoc
City Council Minutes
March 18, 2008
Page 6of 11
Committee and the number of Council Members to be on the committee; a request to know who
would be interested in serving on the Committee prior to voting on its establishment; and, a
statement from Mayor Stern that he would be inclined to appoint Councilman Long and
Councilman Wolowicz to the Audit Committee, if established.
Councilman Wolowicz moved, seconded by Councilman Gardiner, to form an Ad-Hoc
Committee consisting of two Council Members to serve as the Audit Committee beginning the
FY08-09 audit. Staff was directed to place an item on a future agenda regarding Mayor Stern's
appointment of the Audit Committee members.
The motion passed on the following roll call vote:
AYES: Gardiner, Long, Wolowicz
NOES: Clark and Mayor Stern
RECESS AND RECONVENE:
Mayor Stern called for a brief recess from 10:05 P.M. to 10:12 P.M.
Update Regarding Status of the Easements for the Coolheights Cul-de-Sac and Related
Trails and Rights-of-Way and Approval of Resolution Authorizing the Recordation of
Related Documents (450)
City Attorney Lynch reported that all necessary documentation regarding the Coolheights
Easements had been signed which made most of the staff report irrelevant. She stated that
staff recommended that Council adopt the resolution and reported that Mr. Nassiri had posted a
$15,000 cash amount for a bond with the Public Works Department to guarantee the
construction of the cul-de-sac.
Mayor Stern inquired when the Certificate of Occupancy would be issued to the Nassiri family.
Joseph Gallo, Gallo and Associates, counsel for the Nassiris, requested the Certificate of
Occupancy be issued since the Nassiris have posted the required bond. He requested that the
refund of the bond occur as soon as the construction is deemed complete by the City.
Ralph J. Ortolano, Jr., Rancho Palos Verdes, reported on an over height fill in the Nassiri's
backyard. He noted that an original condition of approval of the project was for the City to attain
an easement for a hiking trail across the property and opined that the City should take the
necessary action to acquire the easement.
Principal Planner Mihranian explained that the finished grades of the pad elevation of the
residence had been certified twice by a licensed engineer. He reported that the easement for
the Cristo Que Viento Trail had been obtained by the City, while the easement for the Ganado
Trail had not been acquired since staff determined it was not a desirable easement due to its
location.
Joan S. Ortolano, Rancho Palos Verdes, urged the Council to accept the staff recommendation
and voiced concern with construction damage to the street. She complimented City Clerk Carla
Morreale as an extremely helpful and professional staff member.
City Council Minutes
March 18, 2008
Page 7 of 11
Sunshine, Rancho Palos Verdes, gave her time to Ralph J. Ortolano, Jr. for his additional
comments.
Ralph J. Ortolano, Jr., Rancho Palos Verdes, urged the Council to acquire the Ganado Trail
easement for a hiking trail since the City could acquire it at this time for free while it could be
costly for the City to obtain in the future.
City Attorney Lynch clarified that the action taken on the item before Council this evening had
no impact on the easement for the hiking trail.
Mayor Stern moved, seconded by Councilman Long, to ADOPT RESOLUTION NO. 2008-23,
AS AMENDED, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, AUTHORIZING CITY STAFF MEMBERS TO ACCEPT AND RECORD VARIOUS
EASEMENT AND GRANT DEEDS, RELEASE THE NASSIRI CERTIFICATE OF
OCCUPANCY, AND PROCEED WITH THE ACQUISITION OF THE FAROOQ PROPERTY
WITHOUT SUBORDINATION.
The motion passed unanimously on the following roll call vote:
AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
Palos Verdes Nature Preserve— Public Use Master Plan (PUMP) Preserve Trails Plan
(PTP) (1201)
City Clerk Morreale stated that there were 43 requests to speak on the item and the speakers
had been categorized by topic to be discussed.
Mayor Pro Tem Clark moved, seconded by Councilman Gardiner, to consider the discussion of
the Forrestal Reserve and continue the remainder of the items to the next meeting.
Without objection, Mayor Stern so ordered.
Principal Planner Mihranian provided a brief staff report regarding the Forrestal Reserve.
Bob Endicott, San Pedro, CORBA, supported the staff recommendation.
Katy Endicott, San Pedro, CORBA, supported the staff recommendation.
Vic Quirarte, Rancho Palos Verdes, Los Serenos, requested that the Council determine the
trails in the Forrestal Reserve be designated pedestrian/equestrian only.
Don Bell, Rancho Palos Verdes, volunteer for the Palos Verdes Peninsula Land Conservancy,
requested penalties for those who do not stay on the trails and the enforcement of speed limits
on the trails in the Forrestal Reserve.
RECESS AND RECONVENE:
Mayor Stern left the dais at 10:50 P.M.
City Council Minutes
March 18, 2008
Page 8of 11
Mayor Pro Tern Clark called a brief recess at 10:50 P.M. and Mayor Stern reconvened the
meeting at 10:55 p.m. with all members present.
Council discussed the issues related to speed limits in the Forrestal Reserve.
Bettina Arnold, Rancho Palos Verdes, voiced safety concerns and concerns for the habitat with
mountain bike use on the trails in the Forrestal Reserve.
Dena Friedson, requested that the upper Forrestal Trails be designated as pedestrian/
equestrian or pedestrian only for safety reasons and for the preservation of the habitat.
Ann Shaw, Rancho Palos Verdes, reported that the appropriate signage was not present on
Pirate Trail, which had been designated as one on which bikes were to be walked downhill. She
asked that mountain bikes not be allowed on certain trails within the Forrestal Reserve and
asserted that multi-use typically meant bikes only.
Troy Braswell, member of the PUMP Committee and Forrestal Advisory Board, reported that
bike use on the Forrestal Reserve trails was light and voiced support for the staff
recommendation. He also commented on the difficulty of passing horses on the trail and
discussed the issue of speed limits on trails.
Councilman Wolowicz asked Mr. Braswell about the efforts of the biking community to regulate
itself and inquired about the use of bikes on the Cristo Que Viento Trail.
Responding to Councilman Wolowicz and Councilman Gardiner, Mr. Braswell indicated that he
did not feel there were safety issues between bikes and children on the trails.
Eva Cicoria, Rancho Palos Verdes, voiced concern with multi-use of the trails.
Ralph J. Ortolano, Jr., Rancho Palos Verdes, asked that the Council preserve the astronomy
site at Sunset Rocks.
Ruth Braswell, asserted that it was difficult to please everyone, that all user groups had
abusers, and voiced respect for the Council's decision.
Elena Johnson, Palos Verdes Estates, Los Serenos, voiced concern with access to Fossil Hill
as it is a narrow trail that is unsuitable for multi-use. She expressed concern that the young
children she leads on trail hikes would be in danger if the Fossil Hill Trail was multi-use.
Deb Powers, Palos Verdes, voiced support for the PUMP Committee recommendations and
expressed concern with the anti-bike movement.
Ralph J. Ortolano, Sr., Rancho Palos Verdes, spoke about preserving Sunset Rocks as an
astronomy site.
Michael Jost, Hawthorne, spoke in favor of bike use on the trails.
David Sundstrom, California Native Plant Society, spoke about a rare native plant species found
along the Cristo Que Viento Trail and asked the Council for support in its preservation.
City Council Minutes
March 18, 2008
Page 9 of 11
Staff reported on the current status of certain trails in the Forrestal Reserve and Council
discussed the following topics: the definitions of active and passive uses; safety risks in the
Forrestal Reserve; how to identify and monitor potential risks; and, issues related to Sunset
Rocks.
Councilman Long moved, seconded by Councilman Wolowicz, to affirm the PUMP Committee's
recommendation on the trail routes and trail uses for the Forrestal Reserve as identified in the
proposed Public Trails Plan for the Forrestal Reserve with an amendment that the Cristo Que
Viento Trail be designated for pedestrian use only.
The motion passed unanimously on the following roll call vote:
AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
Mayor Pro Tem Clark moved, seconded by Mayor Stern, to continue the remaining portions of
Item 14 to a future agenda.
Without objection, Mayor Stern so ordered.
ITEM REMOVED FROM THE CONSENT CALENDAR:
Professional Services Agreement for the Preparation of a Citywide Cost-Based Fee Study
(602)
Councilman Long voiced concern with the item as a policy issue, questioning the need for a
Cost-Based Fee Study. He stated that he was reticent to head in the direction of greater cost
recovery for City services, but would support the Cost-Based Fee Study, noting that he wanted
the Council to understand that his support of the study did not mean he would support fee
increases as a matter of principle.
Council discussion focused on the issue as addressed by the Management Partners in the
Organizational Assessment Report and the activities taxpayers should subsidize.
Councilman Long moved, seconded by Councilman Gardiner, to authorize the Mayor and City
Clerk to execute a Professional Services Agreement with Revenue & Cost Specialists, LLC for
the preparation of a citywide cost-based fee study.
The motion passed unanimously on the following roll call vote:
AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
CITY COUNCIL ORAL REPORTS:
Councilman Long moved, seconded by Mayor Pro Tem Clark, to postpone the item.
Without objection, Mayor Stern so ordered.
COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS:
City Council Minutes
March 18, 2008
Page 10 of 11
Councilman Gardiner inquired about the Marymount College Traffic Study's compliance with
CEQA. There was Council and staff discussion of the issue and it was decided that there was
no need for the matter to be placed on a future agenda.
Councilman Long inquired about the ASAP Sheriff's program; the deliverables from the Traffic
Safety Commission; and, the possibility of the City purchasing litigation software that could
assist in future Public Record Act requests.
Councilman Wolowicz requested that an item regarding pension reform be placed on a future
agenda.
ADJOURNMENT:
Mayor Stern adjourned the meeting at 12:08 A.M. to Tuesday, March 24, 2008 at 6:00 P.M. at
Fred Hesse Community Park for an Open Session, to be followed by a Closed Session, which
will be followed by an Open Session for the Organizational As - --nt Works
a(A)4 )%16
Mayor
Attest:
&eft__ ,4 ' f ,
City Clerk
W:\City Council Minutes\2008\20080318 CC MINS.doc
City Council Minutes
March 18, 2008
Page 11of11