CC MINS 20080603 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
JUNE 3, 2008
The meeting was called to order at 6:00 P.M. by Mayor Stern at Fred Hesse Community
Park, 29301 Hawthorne Boulevard and was immediately recessed into Closed Session.
The meeting reconvened at 7:01 P.M.
City Council roll call was answered as follows:
PRESENT: Clark, Gardiner, Long, Wolowicz and Mayor Stern
ABSENT: None
Also present were Carolynn Lehr, City Manager; Carol Lynch, City Attorney; Carolynn
Petru, Deputy City Manager; Dennis McLean, Director of Finance and Information
Technology; Joel Rojas, Director of Planning, Building, and Code Enforcement; Jim
Bell, Director of Public Works; Ara Mihranian, Principal Planner; Daniel Pitts, Code
Enforcement Officer; So Kim, Assistant Planner; Abigail Harwell, Assistant Planner;
Alan Braatvedt, CBM Consulting; and, Carla Morreale, City Clerk.
FLAG SALUTE:
The Flag Salute was led by Mayor Pro Tem Clark.
MAYOR'S ANNOUNCEMENTS:
None.
RECYCLE DRAWING:
Mayor Stern announced Recyclers of the Month from the May 20, 2008 City Council
meeting, Marina Kennedy and Paul Tarbuck. 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.
Without objection, Mayor Stern so ordered.
PUBLIC COMMENTS:
Ann Lynch, Rancho Palos Verdes, Founder of the South Bay Wildlife Rehabilitation,
reported on the focus of her all volunteer organization and asserted that her
organization would like to have its vision included in the proposed Annenberc,
Foundation's animal care facility and would be available for discussion of ideas.
Sunshine, Rancho Palos Verdes, stated that there were omissions in the job'description
of the Open Space Trails Manager and problems with trail signage.
CEREMONIAL:
Mayor Stern introduced members of the Lomita Sheriff's Station CORE Team and
congratulated them on receiving the Public Service Recognition Week Team
Accomplishment Award from the Greater Los Angeles Federal Executive Board.
CITY MANAGER REPORT:
None.
NEW BUSINESS
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that late correspondence was distributed on Item Nos. 2
and 13.
Councilman Wolowicz requested that Item Nos. 6, 13, and 14, be removed from the
Consent Calendar for separate consideration and Councilman Gardiner requested that
Item 2 be removed for separate consideration.
Mayor Pro Tem Clark moved, seconded by Councilmember Long, to approve the
Consent Calendar, as amended, with Item Nos. 2, 6, 13, and 14 removed from the
Consent Calendar for separate consideration following the Regular Business items.
The motion carried on the following roll call vote:
AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern
NOES: 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 Minutes (301)
This item was removed from the Consent Calendar for separate consideration following
Regular Business.
City Council Minutes
June 3, 2008
Page 2 of 13
Claim Against the City by Edith G. Brines (303)
Rejected the claim and directed staff to notify the claimant.
Claim Against the City by Albert L. Chaney, Ill (303)
Rejected the claim and directed staff to notify the claimant.
Claim Against the City by Mallory Hartt, Bret Sean Hartt and
David Brooks Hartt (303)
Rejected the claim and directed staff to notify the claimants.
Border Issues Status Report (310)
This item was removed from the Consent Calendar for separate consideration following
Regular Business.
Extension of Professional Services Agreement for Home Improvement
Administration — FY 08-09 (601)
Approved the option to renew a professional services agreement with MDG Associates
to continue providing Home Improvement Program administration services through the
Community Development Block Grant Program for the period July 1, 2008 to June 30,
2009 for a not-to-exceed amount of$30,000.
Extension of Professional Services Agreement for Community
Development Block Grant Program Administration — FY 08-09 (601)
Approved the option to renew a professional services agreement with Diana Cho and
Associates to continue providing Community Development Block Grant Program
administration services for the period July 1, 2008 to June 30, 2009 for a not-to-exceed
amount of$17,500.
Award Storm Drain Lining Project 2008 — Phase I (604 x 1204)
1) Approved the Plans and Specifications for the construction of the Storm Drain Lining
Project 2008 — Phase I; 2) Awarded a Construction Contract to Re Pipe — California,
Inc., in the amount of$273,663 for the construction of the Storm Drain Lining Project
2008 — Phase I and authorized the expenditure of up to $70,000 for possible extra work;
3) Awarded a contract for professional services to CBM Consulting, Inc. in the not to
exceed amount of$30,000 for Construction Inspection services; and, 4)Authorized the
Mayor and City Clerk to execute the contracts with Re Pipe - California, and CBM
Consulting, Inc.
Construction Contract for Residential Street Overlay and Slurry Seal
Project (Area 7) (1404 x 1204)
City Council Minutes
June 3, 2008
Page 3 of 13
1) Approved the construction plans; 2) Awarded a contract for the construction of the
Residential Street Overlay and Slurry Seal Project to Hardy & Harper Inc. for the
contract bid amount of$856,000 and authorized staff to spend up to an additional
$100,000 for possible extra work or unforeseen conditions, for a total authorization of
$956,000; 3) Authorized the Mayor and City Clerk to execute a contract with Hardy &
Harper, Inc.; 4) Awarded a contract to Willdan Inc. for the Construction Management
and Inspection services in an amount not to exceed $75,000; and, 5) Authorized the
Mayor and City Clerk to execute a contract with Willdan Inc.
Extension to Lease Agreement with New Cingular Wireless Associated with
the Monopole at City Hall (1601 x 1201)
Approved the First Amendment to the Lease Agreement with New Cingular
Wireless PCS, LLC to extend the term of the agreement to June 30, 2009.
Adoption of Ordinance No. 472 — Fire Hazard Severity Zone Map (603)
ADOPTED ORDINANCE NO. 472, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, DESIGNATING VERY HIGH FIRE HAZARD SEVERITY ZONES,
AMENDING THE 2007 CALIFORNIA FIRE CODE, AND AMENDING TITLE 8 OF THE
RANCHO PALOS VERDES MUNICIPAL CODE.
Tactical Plan for 2008 (306)
This item was removed from the Consent Calendar for separate consideration following
Regular Business.
Review of Job Description (1202)
This item was removed from the Consent Calendar for separate consideration following
Regular Business.
April 2008 Treasurer's Report (602)
Received and filed the April 2008 Treasurer's Report for the City of Rancho Palos
Verdes.
Register of Demands
ADOPTED RESOLUTION NO. 2008-43, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, ALLOWING CERTAIN CLAIMS AND
DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID.
# # # # # #
PUBLIC HEARINGS:
City Council Minutes
June 3, 2008
Page 4 of 13
Appeal of a Height Variation, Grading Permit, Site Plan Review and Extreme
Slope Permit (Case No. ZON2007-00179) (5329 Bayridge Road) [Continued from
April 29, 2008] (1804)
City Clerk Morreale reported that this public hearing was continued from the April 29,
2008 City Council Meeting, late correspondence was distributed prior to the meeting,
and there were 15 requests to speak on the item.
Assistant Planner Kim provided a PowerPoint presentation and brief staff report on the
item.
Council and staff discussion included the following issues: clarification on the pad height
and the height of the project, as well as the bulk and mass of the project; neighborhood
compatibility; neighborhood houses used as comparisons in the appeal; the view of the
San Gabriel Mountains, which are sometimes not visible; deference to the view owner's
viewpoint that the city lights are the most important view; two neighbors adjacent to the
property who oppose the project; potential privacy issues for the adjacent properties; a
suggestion that the View Ordinance in the Municipal Code be amended to state that if
every homeowner whose view would be impaired would put in writing that they are not
claiming view impairment, the City should be allowed to dispense with a need to make a
non-view impairment finding; neighborhood compatibility issues where the Planning
Commission dissents from the majority of the neighborhood; and, undue complexity in
the process, compounded by interpretations of the land use laws.
Louie Tomaro, Architect, Tomaro Architecture, provided a three-dimensional
presentation of the project in order to illustrate and address the issues of bulk, mass,
view, and privacy issues.
Council and staff discussion with the speaker included the following topics: clarification
on the reduction of the height of the pad; privacy issues related to views into
neighboring properties from the balcony upper level; size of the upper level; and, the 16
foot height level being at the height of the eaves of the structure.
Susan Semelka, Rancho Palos Verdes, stated that they have addressed the issues
related to privacy with the modifications they are making as part of the proposed
addition; noted there have been thirteen other height variations granted in the
neighborhood; and, neighborhood support for the project.
Council and staff discussion with the speaker included issues related to screening with
foliage to resolve any potential privacy issues.
The following speakers spoke in support of the project: Stacy Martin,, Rancho Palos
Verdes; George Bono, Rancho Palos Verdes; Leo Poxon, Rancho Palos Verdes;
Ralph & Angela Epstein, Rancho Palos Verdes; Jacintha Knapp, Rancho Palos Verdes;
David Knapp, Rancho Palos Verdes; Marsha Kasunich, Rancho Palos Verdes; Michael
Russell, Rancho Palos Verdes; Michael Minesci, Rancho Palos Verdes; Margena
City Council Minutes
June 3, 2008
Page 5 of 13
O'Donnell, Rancho Palos Verdes; John Bohls, Rancho Palos Verdes; Captain Padaiy
Singh, Rancho Palos Verdes; Brenda Gyllenswan, Rancho Palos Verdes; Joan
Dawson, Rancho Palos Verdes.
Council and staff discussion with the architect included the use of foliage on either side
of the property line as a solution to mitigate the privacy and view issues from the
balcony and for the neighbors.
Councilman Long moved, seconded by Councilman Gardiner, to grant the appeal and
approve the project as proposed without change to the opaque panels.
Mayor Pro Tern Clark moved, seconded by Councilman Wolowicz, to amend the motion
to add that the applicant offer to plant foliage on their neighbor's property at the
applicant's expense and to also plant foliage on the applicant's property to mitigate
privacy issues.
Further Council and staff discussion included consideration of the pros and cons of the
use of foliage to protect the neighbor's privacy; whether the privacy issue was a matter
under discussion by the Planning Commission; and, the denial of the project by the
Planning Commission was based on bulk, mass, and impairment of view.
The motion to amend failed on the following roll call vote:
AYES: Clark and Wolowicz
NOES: Gardiner, Long, and Mayor Stern
The main motion to grant the appeal and approve the project as proposed without
change to the opaque panels with staff to return with a revised resolution
commemorating the Council's decision passed on the following roll call vote:
AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
RECESS AND RECONVENE:
Mayor Stern called a brief recess from 8:50 p.m. to 9:03 p.m.
PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:
REGULAR NEW BUSINESS:
Palos Verdes Nature Preserve —Temporary Time-Out at the Portuguese Bend
Reserve (1201)
City Clerk Morreale reported that late correspondence was distributed on this item prior
to the meeting.
City Council Minutes
June 3, 2008
Page 6 of 13
Councilman Long moved, seconded by Councilman Wolowicz, to waive the staff report.
Without objection, Mayor Stern so ordered.
Council and staff discussion included the following topics: clarification on enforcement
efforts once the temporary time-out at the Portuguese Bend Reserve is lifted; the status
of re-vegetation and restoration of areas in the Reserve that were previously used as
bike jump areas; and, the confirmation that there are no locations within the Reserve
where bike jumping is allowed.
John Wessel, Rancho Palos Verdes, spoke in favor of legally prescribed speed limits
rather than informal recommendations, and asked that the limits be set no higher than
10 miles per hour. He read comments from Eva Ciccoria supporting very low speed
limits in the Reserve.
Council and staff discussion included the lack of recommended speed limits in the staff
report; the setting of speed limits and the feasibility of speed limit enforcement; and, an
assertion that most cyclists are unable to monitor their speed.
Al Sattler, Rancho Palos Verdes, expressed concern regarding the lack of a speed limit
and suggested the use of a universal speed law in lieu of a speed limit, stating that you
are not to travel at an unsafe rate of speed.
Ann Shaw, Rancho Palos Verdes, stated that there is concern regarding speed limits,
safety issues, and enforcement challenges in the Reserve.
Further Council and staff discussion included a request to include signage regarding
speed and safety issues.
Councilman Wolowicz moved, seconded by Mayor Stern, to direct staff to lift the
temporary time-out by June 6, 2008 with staff to return with an ordinance to forbid
unsafe activity that endangers others in the Preserve.
Further Council and staff discussion included the following issues: the lack of resources
available for enforcement; questions on violations described in the staff report; and the
need to monitor the situation and have the Lomita Sheriff's Department return with a
report.
The motion passed on the following roll call vote:
AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
Neighborhood Traffic Calming Program (NTCP) Update (1502)
City Clerk Morreale reported that late correspondence was distributed on this item prior
to the meeting.
City Council Minutes
June 3, 2008
Page 7 of 13
Councilman Long moved, seconded by Mayor Pro Tem Clark, to waive the staff report.
Without objection, Mayor Stern so ordered.
Council and staff discussion included the following topics: traffic calming programs in
other cities; program funding alternatives included cost sharing of traffic calming
projects; clarification on the application process and proposed appeals process for
traffic calming projects; concern with neighborhood-funded speed humps; the distinction
between traffic safety mitigations to be funded by the City as safety measures opposed
to neighborhood amenities to be funded by the neighborhood; funding for the Toscanini
neighborhood traffic calming improvement project; concern with the absence of a Traffic
Safety Commission representative for this discussion; and, instances where speed
humps are considered amenities.
Mayor Stern moved, seconded by Mayor Pro Tem Clark, to direct staff to proceed with
the previously approved Toscanini neighborhood traffic calming improvements and set a
funding priority in the amount of$45,000 for FY 08-09.
The motion passed on the following roll call vote:
AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
Mayor Pro Tern Clark moved, seconded by Councilman Gardiner, to direct staff to
return with dates for a City Council/Traffic Safety Commission Joint Workshop to
discuss the NTCP.
Council and staff discussion included if there was a need for a Joint City Council/Traffic
Safety Commission Workshop; the Council's responsibility to set traffic policy; the NTCP
as a work product of the Traffic Safety Commission (TSC); and, how to best
communicate with the TSC regarding the deliverable.
The motion passed on the following roll call vote:
AYES: Clark, Gardiner, and Wolowicz
NOES: Long and Mayor Stern
Award Construction Contract and Construction Management Professional
Services Contract— McCarrell Canyon Storm Drain Project (1204 x 604)
City Clerk Morreale reported that late correspondence was distributed on this item prior
to the meeting.
Director Bell provided a PowerPoint presentation and staff report including a review of
the items included late correspondence.
City Council Minutes
June 3, 2008
Page 8 of 13
Council and staff discussion included the follow issues: the timing of bid approvals
versus the receipt of permit approvals and the costs associated with not accepting the
current bids; and, permit delays due to an understaffed Los Angeles Regional Water
Quality Control Board.
Councilman Long moved, seconded by Councilman Gardiner, to 1) approve the
following award of contracts as proposed by staff, contingent upon the receipt of a
permit from the Los Angeles Regional Water Quality Control Board by June 19, 2008:
a) Approve Item 1 to award a construction contract to Cedro Construction, Inc., for the
base bid in the amount of$5,866,189; b)Approve Item 2 to award a professional
services contract to Simplus Management Corporation for the construction management
and observation of the McCarrell Canyon Storm Drain Project; and, c) Authorize the
Mayor and City Clerk to execute the contracts with Cedro Construction, Inc., Simplus
Management Corporation, and Kleinfelder; and, 2) Direct staff to continue to pursue the
permit from the Army Corps of Engineers while creating an alternate design for the
portion of the project related to the Tarragon property.
Further Council and staff discussion included tracking the progress and expenses of the
project using the five project elements as milestones, and an explanation of how the
City would proceed with the project.
The motion passed on the following roll call vote:
AYES: Clark, Gardiner, Long, Wolowicz and Mayor Stern
NOES: None
Administrative Code Enforcement Penalty Ordinance (1801 x 1103)
City Clerk Morreale reported that late correspondence was distributed on this item prior
to the meeting and there were no requests to speak on the item.
Councilman Long moved, seconded by Mayor Pro Tem Clark, to waive staff report and
approve the staff recommendation.
Council and staff discussion included the policy on fines and notification on the hearing
process.
Mayor Stern moved to amend the motion to change the notification period for the time
and place of the hearing from 10 days to 20 days before the date of the hearing, and the
submittal of documentation to the Hearing Officer from 5 days to 10 days prior to the
date of the hearing.
The maker and seconder of the motion accepted the amendment to the motion.
Further Council and staff discussion included the process for the handling of fee waivers
and clarification of NPDES standards and violations.
City Council Minutes
June 3, 2008
Page 9 of 13
6,
Councilman Long moved, seconded by Mayor Pro Tem Clark, and unanimously passed
to 1) INTRODUCE ORDINANCE NO. 473, AS AMENDED, AN ORDINANCE OF THE
CITY OF RANCHO PALOS VERDES ESTABLISHING PROCEDURES AND
ADMINISTRATIVE PENALTIES FOR VIOLATIONS OF THE RANCHO PALOS
VERDES MUNICIPAL CODE AND AMENDING THE RANCHO PALOS VERDES
MUNICIPAL CODE; and, 2) ADOPT RESOLUTION NO. 2008-44, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ESTABLISHING A
PENALTY SCHEDULE FOR ADMINISTRATIVE CITATIONS.
The motion passed on the following roll call vote:
AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
Temporary Special Event Signs in the Public Right-of-Way (1203)
City Clerk Morreale reported that late correspondence was distributed on this item prior
to the meeting.
Councilman Wolowicz moved, seconded by Mayor Pro Tem Clark, to waive the staff
report and approve staff recommendation to approve three new locations for the
placement of temporary special event signs in the public right-of-way and/or on City
owned property.
The motion passed on the following roll call vote:
AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
Committees and Commissions Temporary Time Out: Status Report (106)
City Clerk Morreale reported that late correspondence was distributed on this item prior
to the meeting.
Mayor Pro Tem Clark moved, seconded by Mayor Stern, to waive the staff report.
Without objection, Mayor Stern so ordered.
Council and staff discussion ensued on the following topics: the wording and intent of
the original motion and the use of an effective model for the Committees and
Commissions, such as that used by the League of California Cities; the length of time
and purpose of the temporary Committee/Commission hiatus; the initial draft of the
Committee/Commission work plans by staff with review and input from the advisory
bodies; and, if there would be time for the Finance Advisory Committee to be able to
meet to discuss and review Budget related documents prior to the upcoming adoption of
the Budget.
City Council Minutes
June 3, 2008
Page 10 of 13
Councilman Long moved, seconded by Mayor Pro Tem Clark, to receive and file the
status report.
The motion passed on the following roll call vote:
AYES: Clark, Long, Wolowicz and Mayor Stern
NOES: Gardiner
RECESS AND RECONVENE:
Mayor Stern called a brief recess from 11:25 P.M. to 11:31 P.M.
Approval of the Minutes
Councilman Gardiner moved, seconded by Councilman Long, to continue the approval
of the minutes to the June 17, 2008 City Council meeting.
Without objection, Mayor Stern so ordered.
Border Issues Status Report
Council and staff discussion included a confirmation of the June 24, 2008 City Council
meeting at the City of Rolling Hills Estates where there will be a discussion regarding a
proposed condominium development in the Peninsula Village area.
Councilman Wolowicz moved, seconded by Councilman Long, to receive and file the
current report on the status of border issues.
Without objection, Mayor Stern so ordered.
Tactical Plan for 2008
Council and staff discussion included the following topics: an appreciation for the
amount of work that staff put into the Tactical Plan; articulation of the milestones; and, a
request to split the vote on the item, to consider the Eastview School Boundary
separately.
Councilman Long moved, seconded by Councilman Wolowicz, to adopt the Tactical
Plan for 2008, except for the Eastview School Boundary element which would be
considered separately.
Further Council and staff discussion included the incorporation of an educational
component under the Emergency Preparedness Tactical Goal, with the addition of short
public service announcements to be run on Channel 33; and, the addition of comments
regarding the Eastview School Boundary milestones.
City Council Minutes
June 3, 2008
Page 11 of 13
Mayor Pro Tern Clark suggested changing the time line for the meeting regarding the
Eastview issue with the new Assemblymember for the District, the Chair of the Board of
the Palos Verdes Peninsula Unified School District, staff, and the Council liaisons to the
end of November.
Sunshine, Rancho Palos Verdes, stated that she would like to see an item regarding
reconnecting a trail at Sunnyside Ridge Road as an element to one of the Tactical
Goals.
The motion to adopt the Tactical Plan for 2008, except for the Eastview School
Boundary element, which would be considered separately, passed on the following roll
call vote:
AYES: Clark, Gardiner, Long, Wolowicz and Mayor Stern
NOES: None
Mayor Pro Tern Clark moved, seconded by Councilman Gardiner, to approve the
Eastview School Boundary element of the Tactical Plan, as amended, with the date of
milestone number one changed to July 30, 2008.
The motion passed on the following roll call vote:
AYES: Clark, Gardiner, Wolowicz, and Mayor Stern
NOES: Long
Review of Job Description
City Clerk Morreale reported that there were two requests to speak on this item.
Council and staff discussion focused on staffing needs, the recommendations of the
Organizational Assessment Final Report, resources for staffing to attend to the needs of
the City, and concerns with adding the position to the FY08-09 Budget.
Sunshine, Rancho Palos Verdes, stated that she was in support of approving the job
description and asserted that the duties should be expanded.
Al Sattler, Rancho Palos Verdes, spoke in support of the item.
Mayor Pro Tem Clark moved, seconded by Councilman Long, to approve the job
description for the Open Space and Trails Manager in the Planning, Building and Code
Enforcement Department.
The motion passed on the following roll call vote:
AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
City Council Minutes
June 3, 2008
Page 12 of 13
Mayor Pro Tem Clark moved, seconded by Councilman Long, to authorize staff to
proceed with the recruitment to fill the position of Open Space and Trails Manager in the
Planning, Building and Code Enforcement Department.
The motion passed on the following roll call vote:
AYES: Clark, Long, and Mayor Stern
NOES: Gardiner and Wolowicz
CITY COUNCIL ORAL REPORTS:
Councilman Long moved, seconded by Mayor Stern, to defer City Council Oral
Reports.
Without objection, Mayor Stern so ordered.
COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS:
Mayor Pro Tern Clark suggested a future agenda item to discuss the implementation of
an amnesty period for the approval of unpermitted work to be submitted for approval
with the waiver of penalty fees.
CLOSED SESSION REPORT:
City Attorney Lynch reported that for both the City and Redevelopment Agency,
unanimous direction was given to send two letters to Ms. Joannou, with all Council
Members/Agency Members present.
ADJOURNMENT:
Mayor Stern adjourned the meeting at 12:08 A.M.
Mayor
Attest:
&AL— ; //
City Clerk
W:\City Council Minutes\2008\20080603 CC MINS.doc
City Council Minutes
June 3, 2008
Page 13 of 13