CC MINS 20080617 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
JUNE 17, 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 7:09 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; Ron Rosenfeld, Director of Recreation and Parks; Greg
Pfost, Deputy Planning Director; Kathryn Downs, Deputy Director of Finance/IT; John
Alvarez, Senior Planner; Eduardo Schonborn, Senior Planner; Ron Dragoo, Senior
Engineer; and Carla Morreale, City Clerk.
FLAG SALUTE:
The Flag Salute was led by City Manager Lehr.
MAYOR'S ANNOUNCEMENTS:
None.
RECYCLE DRAWING:
Mayor Stern announced Recyclers of the Month from the June 3, 2008 City Council
meeting: Joanne Condon and Doug Mittelstaedt. 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 Long, to approve the Agenda
with Item 20 moved up on the agenda to follow immediately after the Consent Calendar.
Without objection, Mayor Stern so ordered.
Councilman Wolowicz moved, seconded by Councilman Gardiner, that Item 17 be
heard concurrently with Item 1 0.
The motion passed on the following roll call vote:
AYES: Clark, Gardiner, and Wolowicz
NOES: Long and Mayor Stern
Mayor Pro Tem Clark moved that no new business be heard after 11:00 P.M., with a
hard stop no later than midnight, and if there are more items to be heard that the
meeting be continued to the next evening. Councilman Gardiner seconded the motion
which failed on the following roll call vote:
AYES: Clark and Gardiner
NOES: Long, Wolowicz, and Mayor Stern
Councilman Long moved, seconded by Councilman Wolowicz, and unanimously passed
to approve the Agenda as amended.
Without objection, Mayor Stern so ordered.
PUBLIC COMMENTS:
Mark Wells, Our Neighborhoods Are One, Rancho Palos Verdes, expressed opposition
to the current plans proposed by Bisno Development for the Ponte Vista area in San
Pedro citing concerns with traffic and density. He invited residents to attend a City of
Los Angeles Planning Department hearing on June 26, 2008 and encouraged the
submittal of comments to the City of Los Angeles' Planning Officer prior to the hearing
date.
CITY MANAGER REPORT:
In response to an inquiry from Mayor Pro Tem Clark, City Manager Lehr agreed to
contact Dr. Tom Shanks regarding follow-up meetings and conclusions gained from the
City Council's Team Building Workshop.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that she distributed late correspondence on Item Nos. 7, 8,
and 9 prior to the meeting.
Councilman Long moved, seconded by Councilman Wolowicz, to approve the Consent
Calendar with Item 3 removed from the Consent Calendar to follow Regular Business,
and Item 8 to be heard concurrently with Items 10 and 17.
The motion passed on the following roll call vote:
City Council Minutes
June 17, 2008
Page 2 of 19
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)
Approved the Minutes of the February 23, 2008 Adjourned Regular Meeting Public Use
Master Plan Workshop.
Appeal of a Height Variation, Grading Permit, Site Plan Review and Extreme Slope
Permit (Case No. ZON2007-00179) (5329 Bayridge Road) (1804)
This item was removed from the Consent Calendar for separate consideration.
Administrative Code Enforcement Penalty Ordinance (1801 x 1103)
ADOPTED ORDINANCE NO. 473, 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.
Five Year Extension to the Use of the Affordable Housing In-Lieu Funds
Submitted by the Seabreeze Residential Development Project (701)
ADOPTED RESOLUTION NO. 2008-45, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, EXTENDING THE USE OF THE
AFFORDABLE HOUSING IN-LIEU FUNDS FOR THE SEABREEZE RESIDENTIAL
DEVELOPMENT PROJECT FOR AN ADDITIONAL 5-YEAR PERIOD.
Award Storm Drain Video Inspection and Cleaning Services (604 x 1204)
1) Awarded a three-year contract for Storm Drain Video Inspection and Cleaning
services to Performance Pipeline Technologies, in an amount not to exceed $152,400;
2) Authorized the Mayor and City Clerk to execute a contract with Performance Pipeline
Technologies; and, 3) Authorized the expenditure of up to $152,400 for Fiscal Year
2008-2009.
Independent Audit Services — Professional Services Agreement (602)
City Council Minutes
June 17, 2008
Page 3 of 19
Approved the attached Professional Services Agreement for Independent Auditing
Services with Diehl, Evans & Company, LLP to provide independent audit services for
fiscal years ended June 30, 2008 through June 30, 2010, with an option to provide
independent audit services for each of the two subsequent fiscal years.
FY 07-08 Budget Adjustments (602)
This item was removed from the Consent Calendar and considered concurrently with
Item 10.
Register of Demands
ADOPTED RESOLUTION NO. 2008-46, 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.
# # # # # #
REGULAR NEW BUSINESS:
Special Meeting for Joint City Council — Traffic Safety Commission Workshop
(307)
City Manager Lehr provided a brief staff report regarding the item.
Tom Redfield, Rancho Palos Verdes, expressed support for the Council holding a Joint
Workshop with the Traffic Safety Commission (TSC).
Council and staff discussed the following topics: the mission statement and draft work
plan presented to the TSC on June 16, 2008; differing viewpoints as to the status of the
work plan; an agenda item on a future meeting of the TSC to formally adopt the mission
statement and work plan prior to a joint workshop with the Council; and, opposition to
the Joint Workshop due to a lack of clarity or focus of the TSC as described in the
Organizational Assessment Final Report.
Mayor Pro Tern Clark moved, seconded by Mayor Stern, to schedule a Joint Workshop
with the Traffic Safety Commission for Tuesday, July 29, 2008 at 7:00 P.M. at Fred
Hesse Community Park to discuss Neighborhood Traffic Calming Program, proposals,
processes and funding.
The motion passed with the following roll call vote:
AYES: Clark, Gardiner, Wolowicz, and Mayor Stern
NOES: Long
PUBLIC HEARINGS:
City Council Minutes
June 17, 2008
Page 4 of 19
FY 07-08 Budget Adjustments (Item 8) and 2008 Five-Year Financial Model (Item
17) were considered concurrently with Adoption of the City Budget and Employee
Salary Ranges for Fiscal Year 2008-2009 (Item 10).
City Clerk Morreale reported that notice of the public hearing was duly published and no
written protests were received and late correspondence was distributed prior to the
meeting on Items 8, 10, and 17.
Mayor Stern declared the public hearing open.
City Manager Lehr provided a brief staff report regarding the Adoption of the City
Budget, and Deputy City Manager Petru provided a staff report regarding the Employee
Salary Ranges for Fiscal Year 2008-09.
Council and staff discussed the following issues: support for and opposition against the
comparison of larger cites with Rancho Palos Verdes data if the cities.are nearby;
deferring certain portions of research on the employee salary range until a new Human
Resources Manager is on staff; returning the item in a timely manner with
comprehensive information for the Council; support for the interim CPI adjustment;
comparison of merit and bonus pay; rates of raises for the Federal government; raises
for State government employees and other cities vs. the proposal for Rancho Palos
Verdes employees; clarification that the proposed increase for Rancho Palos Verdes
employees is 3.22%; Cost of Living Adjustments (COLA); the high rate of employee
turnover in the City; and, concern with the overall budget.
Mayor Pro Tem Clark moved, seconded by Councilman Long, to add an automatic
COLA adjustment based on the CPI rate, with merit raises considered separately,
subject to performance evaluations on a case by case basis.
Additional discussion followed regarding the imprecise nature of the process; the
attempt to be at the 75th percentile of the comparable salary ranges; remaining
competitive in the marketplace; merit raises dependent upon the economic condition of
the City; disagreement with guaranteed raises; and individual levels vs. pool levels.
Tom Redfield, Rancho Palos Verdes, pointed out that turnover is very expensive and
time consuming and inquired as to the nature of reasons given by employees on exit
interviews. He commented on the following topics: the need to improve the City Hall
facility; salaries should be fair; and, cautioned that many cities and counties have
suffered from recent financial difficulties.
Councilman Gardiner received clarification that the CPI rate to be adopted is for this
year only, but this action signals a change in policy from previous Councils.
Mayor Pro Tem Clark moved, seconded by Councilman Long, to ADOPT RESOLUTION
NO. 2008-48, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
City Council Minutes
June 17, 2008
Page 5 of 19
PALOS VERDES, ESTABLISHING INTERIM SALARY AND HOURLY RANGES FOR
ALL COMPETITIVE AND MANAGEMENT EMPLOYEE JOB CLASSIFICATIONS BY
APPLYING A CONSUMER PRICE INDEX (CPI) ADJUSTMENT OF 3.28% TO ALL
RANGES.
The motion passed on the following roll call vote:
AYES: Clark, Gardiner, Long, and Mayor Stern
NOES: Wolowicz
Mayor Stern moved, seconded by Councilman Long, to establish a 3.22% annual
employee merit compensation pool.
Mayor Pro Tem Clark received clarification that the merit pool would be performance
based.
The motion passed on the following roll call vote:
AYES: Clark, Long, and Mayor Stern
NOES: Gardiner and Wolowicz
Councilman Long moved, seconded by Mayor Stern, to establish a 1.5% employee
bonus pool for exceptional performance for Fiscal Year 08-09.
Councilman Wolowicz indicated that he did not disagree with the bonus pool concept,
but disagreed with the percentage amounts.
Council and staff discussed the purpose of the different pools, the change in the
financial status of the City of Rancho Palos Verdes over the past five years, and the
balanced overall budget of the City.
The motion to establish a 1.5% employee bonus pool for exceptional performance for
FY 08-09 passed on the following roll call vote:
AYES: Clark, Long, and Mayor Stern
NOES: Gardiner and Wolowicz
RECESS AND RECONVENE:
Mayor Stern called a brief recess from 8:33 p.m. to 8:41 p.m.
CEREMONIAL:
Mayor Stern introduced Rolling Hills Estates Mayor Frank Zerunyan as the new
President of the California Contract Cities Association.
City Council Minutes
June 17, 2008
Page 6 of 19
Adoption of the City Budget and Employee Salary Ranges for Fiscal Year 2008-
2009 (continued) (602 x 1202)
Mayor Pro Tern Clark moved, seconded by Councilman Long, to approve the staff
recommendation to adopt Resolution No. 2008-47, a Resolution of the City Council of
the City of Rancho Palos Verdes, Approving a Budget Appropriation and Adopting the
Operating and Capital Improvement Budget for Fiscal Year 2008-2009.
Council and staff discussion included the following topics: concern that items in the
FY07-08 budget could require budget adjustments in the FY08-09 budget; cumulative
budget increases over the past five years; clarification that there were sufficient funds
available to fill vacant positions in the Public Works Department; funding for the
recommendations of the Organizational Assessment Final Report regarding the area of
Information Technology (IT); a two-year budget vs. an annual budget; and, reluctance to
add additional staff positions due to expenses.
Councilman Wolowicz moved, seconded by Councilman Long, to split the vote on the
motion.
Without objection, Mayor Stern so ordered.
Mayor Stern declared the public hearing closed.
Councilman Wolowicz moved, seconded by Councilman Gardiner, to reduce the
number of additional staff positions from three to two positions at the discretion of the
City Manager.
The motion failed on the following roll call vote:
AYES: Gardiner and Wolowicz
NOES: Clark, Long and Mayor Stern
Mayor Pro Tem Clark moved, seconded by Councilman Long, to ADOPT RESOLUTION
NO. 2008-47, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, APPROVING A BUDGET APPROPRIATION AND ADOPTING THE
OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2008-
2009.
The motion passed on the following vote:
AYES: Clark, Long, Wolowicz, and Mayor Stern
NOES: Gardiner
FY 07-08 Budget Adjustments (602)
City Council Minutes
June 17, 2008
Page 7 of 19
Councilman Wolowicz moved, seconded by Councilman Long, to ADOPT
RESOLUTION NO. 2008-49, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2007-70, THE
BUDGET APPROPRIATION FOR FY07-08, TO DECREASE BUDGETED
EXPENDITURES IN THE GENERAL FUND.
The motion passed on the following vote:
AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
2008 Five-Year Financial Model (602)
Councilman Long moved, seconded by Mayor Pro Tem Clark, to waive the staff report
for Item 17.
Without objection, Mayor Stern so ordered.
Council and staff discussion centered on the following issues: Property Tax Revenues
that were much higher than anticipated, which created a favorable variance; procedures
used for estimated calculations and expense projections; past projections compared
with actual expenses; concerns about micro-managing the staff; the requirement for
government accounting to compare budget estimates with budget actuals; and, the
need for budget adjustments.
Deputy Finance Director Downs reported that the Finance Advisory Committee (FAC)
had met, reviewed the model, and formulated a recommendation to the City Council that
it should, upon the receipt of the Cost-Based-Fee Study, increase all Cost-Based Fees
to levels at or near 100 percent of the costs of providing services.
Bill James, Chair of the Finance Advisory Committee (FAC), Rancho Palos Verdes,
indicated that the FAC discussed the 2008 Five-Year Financial Model at length and
made only the one recommendation because many of their suggestions had already
been incorporated into the Model.
Councilman Gardiner expressed concern with the conservative nature of projections
and asked if there was merit to including revenue estimates for the Terranea Project.
Mr. James stated that he agreed with staff that the Terranea Project should not be
included in the Model. He noted that the FAC used the Los Angeles County Assessor's
figure which could be incorrect, but was the best information available at the time for the
Model.
Councilman Long commented that reserves were for unexpected expenses and opined
that the Council should trust the financial professionals.
City Council Minutes
June 17, 2008
Page 8 of 19
Councilman Long moved, seconded by Mayor Stern, to receive and file the 2008 Five-
Year Financial Model.
The motion passed on the following vote:
AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
Councilman Long moved, seconded by Mayor Stern, that based on the needs of the
City and the analysis of revenues derived from the Utility Users Tax required by
Municipal Code Section 3.30.190 annually, determine that the current Utility Users Tax
rate of 3% continues to be a necessary General Fund revenue source and the current
rate of 3% should be maintained; and, that based on the needs of the City and the
analysis of revenues derived from the Golf Tax required by Municipal Code Section
3.40.140 every four years, determine that the current Golf Tax rate of 10% continues to
be a necessary General Fund revenue source and the current rate of 10% should be
maintained.
Responding to Councilman Wolowicz's inquiry, Deputy Director Downs and City
Attorney Lynch clarified that the Utility Users Tax (UUT) could not be designated or
restricted for any particular expenditure.
The motion passed on the following vote:
AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
Water Quality and Flood Protection (WQFP) Program Annual User Fee Rate FY08-
09 (602 x 604)
City Clerk Morreale reported that notice of the public hearing was duly published and
written protests included in late correspondence distributed prior to the meeting.
Mayor Stern declared the public hearing open.
Director McLean and Director Bell provided a summary staff report and PowerPoint
presentation of the status of storm drain projects in the City.
Frank Lyon, Oversight Committee for WQFP Program, Rancho Palos Verdes, stated
that the Oversight Committee reviewed past expenditures, future expenditures, and the
rate of the User Fee for storm drain projects. He stated that the Committee opined
there were not adequate resources to meet the continuing storm drain project needs of
the City. He reported that the Oversight Committee recommended that once revenue
funds were received from the Terranea Resort project, the Council consider the
allocation of such funds to high-priority infrastructure projects to address Capital
Improvement Program projects rather than non-critical discretionary projects.
City Council Minutes
June 17, 2008
Page 9 of 19
Council and staff discussion focused on the following topics: storm drain issues; the
allocation of the revenue stream of funds to meet the needs of the City; the Sunnyside
Ridge storm drain project; clarification on the total of storm drain expenditures to date
and continuing appropriations; and, one written protest against the storm drain tax.
Mayor Pro Tem Clark left the dais at 9:56 P.M. and returned to the dais at 10:01 P.M.
Councilman Long moved, seconded by Mayor Stern, to 1) Receive, review and file the
independent Water Quality and Flood Protection Program Annual Report, dated June 4,
2008, prepared by the Oversight Committee for the storm drain program; 2) Conduct a
public hearing pursuant to Health and Safety Code Section 5473.2 and Section 3.44.40
of the Rancho Palos Verdes Municipal Code on June 17, 2008 on the Annual Report
prepared by Harris & Associates, the Annual Report prepared by the Oversight
Committee and information provided by Staff, and determined to collect the Storm Drain
User Fee (the "Fee") for Fiscal Year 2008-09, and if so, the rate per Equivalent
Residential Unit ("ERU") for Fiscal Year 2008-09; 3) At the conclusion of the Public
Hearing determine the absence of a majority protest; and, 4) In the absence of a
majority protest, Council determine that the rate per ERU for Fiscal Year 2008-09 shall
be the maximum rate of$89.47 as set forth in the Annual Report, and ADOPT
RESOLUTION NO. 2008-50, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, FINALLY ADOPTING A REPORT, AS FILED, IN
CONNECTION WITH THE STORM DRAIN USER FEE ESTABLISHED PURSUANT
TO CHAPTER 3.44 OF THE RANCHO PALOS VERDES MUNICIPAL CODE;
DETERMINING THE AMOUNT OF SUCH FEE FOR FISCAL YEAR 2008-09; AND
ORDERING THAT SUCH FEE BE COLLECTED ON THE COUNTY OF LOS
ANGELES TAX ROLL FOR FISCAL YEAR 2008-09.
Mayor Stern declared the public hearing closed.
The motion passed on the following vote:
AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
RECESS AND RECONVENE:
Mayor Stern called a brief recess from 10:08 P.M. to 10:17 P.M.
Abalone Cove Sewer Maintenance Fee (1900)
City Clerk Morreale reported that notice of the public hearing was duly published and no
written protests were received.
Mayor Stern declared the public hearing open.
City Council Minutes
June 17, 2008
Page 10 of 19
Council and staff discussion included the reduction of the City's subsidy to the
maintenance fees for the Abalone Cove Sewer project; the maximum allowable rates for
the individual zones in Abalone Cove; and a planned timeline for the reduction of the
City's subsidy to the program.
Joan Cox, Harris & Associates, clarified that the Maintenance Fee rates were set by a
formula, which has reached the overall allowable maximum.
Mayor Stern closed the public hearing.
Councilman Wolowicz moved, seconded by Mayor Pro Tem Clark, that 1) The public
hearing on the proposed levy of the annual sewer service charge for the Abalone Cove
Sewer System for Fiscal Year 2008-09 had been conducted; and 2) ADOPT
RESOLUTION NO. 2008-51, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, APPROVING A REPORT IN CONNECTION WITH
THE SEWER SERVICE CHARGE ESTABLISHED PURSUANT TO CHAPTER 13.06
OF THE RANCHO PALOS VERDES MUNICIPAL CODE, DETERMINING THE
AMOUNT OF SUCH CHARGE FOR FISCAL YEAR 2008-2009, AND ORDERING
THAT SUCH CHARGE BE COLLECTED ON THE TAX ROLL.
The motion passed on the following vote:
AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
Councilman Gardiner moved, seconded by Mayor Pro Tem Clark, to direct staff to
return with a procedure to carry out the policy of reducing the City's subsidy of the
project to zero.
The motion passed on the following vote:
AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
Citywide Landscaping and Lighting Maintenance District (901)
City Clerk Morreale reported that notice of the public hearing was duly published and no
written protests were received.
Mayor Stern declared the public hearing open.
Councilman Long moved, seconded by Mayor Stern, to waive the staff report.
Without objection, Mayor Stern so ordered.
There were no requests from the public to speak on the item.
City Council Minutes
June 17, 2008
Page 11 of 19
Mayor Stern closed the public hearing.
Councilman Wolowicz moved, seconded by Councilman Long, that a public hearing on
the proposed levy and collection of assessments within the Citywide Landscaping and
Lighting Maintenance District for fiscal year 2008-09 and the Engineer's Report
prepared in connection therewith was conducted; and 2) ADOPT RESOLUTION NO.
2008-52, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, MAKING CERTAIN FINDINGS AND CONFIRMING A DIAGRAM
AND ASSESSMENT FOR THE 2008-09 FISCAL YEAR IN CONNECTION WITH THE
CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT PURSUANT
TO THE LANDSCAPING AND LIGHTING ACT OF 1972, PART 2 OF DIVISION 15 OF
THE CALIFORNIA STREETS AND HIGHWAYS CODE.
The motion passed on the following vote:
AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
Appeal of View Restoration Permit No. 2007-00019 [Appellants: Dr. and Mrs.
Ralph Allman — 5335 Rolling Ridge Road & Mr. and Mrs. Doug Trowbridge — 5333
Rolling Ridge Road] (1806)
Councilmen Gardiner and Long recused themselves from the item.
City Clerk Morreale reported that notice of the public hearing was duly published and
written protests were included with the staff report.
Mayor Stern declared the public hearing open and explained procedures for speaking
on the item.
Ralph Allman, Rancho Palos Verdes, presented photographs and a model of the
existing home at 5335 Rolling Ridge Road to clarify his position regarding the elevation
of the home in relation to the height of the trees.
Ralf Stier, aerial photographer, indicated that he was unable to determine for sure if the
figures on the photographs were trees or the height of the trees if they are trees due to
oblique angle of the photographs.
Don Lorenzen, arborist, Travers Tree Service, commented on the growth projections for
the trees planted around 1959 and opined the trees could be trimmed to restore the
view without disfiguring them.
Patsie Trowbridge, Rancho Palos Verdes, recounted the history of the trees on her
property.
City Council Minutes
June 17, 2008
Page 12 of 19
Douglas Trowbridge, Rancho Palos Verdes, expressed frustration with the issue and
indicated that the data provided regarding the trees was unreliable with too many
variables. He corrected what he opined were inaccurate statements regarding the age
and height of the trees and noted that he had rights to a view, privacy, and the
enjoyment of his property.
Peggi Collins, Attorney for Dr. Allman, Rancho Palos Verdes, stated that she provided
an original of the 1961 photograph for the Council to review and noted that the
photograph was unreliable evidence. She concluded that there was no substantial
evidence that Tree Nos. 1 and 2 were view impairing in 1965.
Ralph Allman, Rancho Palos Verdes, reiterated that he was not asking for the trees to
be cut down, but instead for the trees to be trimmed or crowned in order to provide a
view.
Douglas Trowbridge, Rancho Palos Verdes, presented photos from Bayridge Road to
illustrate that the trees are not view impairing. He asserted that this was not the typical
view restoration case because they did not plant the trees, which were on the property
when they purchased it in 1969. He opined that there was a failure to meet the burden
of proof by the applicant.
Responding to Councilman Clark's inquiry, Senior Planner Alvarez stated that upon
review of the new information and materials presented, staff recommended the denial of
the appeal and upholding of the Planning Commission's recommendation.
Dave Hayes, City Arborist, opined that Tree Nos. 1 and 2 were planted in the early
1950's and had been view impairing based on the growth rates.
Mayor Pro Tem Clark moved to "grandfather" Tree Nos. 1 and 2; trim Tree No. 3 by
raising the crown; lower the crowns on Tree Nos. 4 and 5; raise the crown for Tree
No. 6; and either replace Tree No. 7 at the expense of the view holder, Dr. Allman, or
trim it at the risk of the foliage owner. The motion died for lack of a second.
Mayor Stern closed the public hearing.
Councilman Wolowicz moved, seconded by Mayor Stern, to adopt staff Alternative
No. 1.
The motion failed on the following roll call vote:
AYES: Wolowicz and Mayor Stern
NOES: Clark
ABSENT: Gardiner and Long
The Council discussed the following matters: the evidence was not absolutely
conclusive; the importance of staffs expertise; the complexity of the issue; the unique
City Council Minutes
June 17, 2008
Page 13 of 19
and unusual nature of this view restoration case; and, regret that two Council Members
had recused themselves unnecessarily from the matter.
City Attorney Lynch stated that in the case of a stalemate the Planning Commission's
decision would stand.
Mayor Pro Tem Clark reintroduced his previous motion to adopt the staff
recommendation, which died for lack of a second.
No action was taken and the Planning Commission's decision stood, as memorialized
by Planning Commission Resolution No. 2007-64, approving View Restoration Permit
No. 2007-00019 to trim and/or remove foliage located at 5333 Rolling Ridge Road.
RECESS AND RECONVENE:
Mayor Stern called a brief recess from 11:20 P.M. to 11:23 P.M.
Review of the Proposed General Plan Housing Element Amendment (701)
City Clerk Morreale reported that notice of the public hearing was duly published, no
written protests were received, and late correspondence was distributed prior to the
meeting on the item.
Mayor Stern declared the public hearing open.
City Clerk Morreale reported that there were no requests to speak on the item.
Mayor Stern declared the public hearing closed.
Mayor Pro Tem Clark, seconded by Mayor Stern, to 1) ADOPT RESOLUTION NO.
2008-53, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, CERTIFYING A NEGATIVE DECLARATION FOR THE PROJECT;
2) ADOPT RESOLUTION NO. 2008-54, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, APPROVING CASE NO. ZON2008-00149
A GENERAL PLAN AMENDMENT FOR THE CITY'S FINAL HOUSING ELEMENT; and
3) Direct staff to forward the City Council approved Final updated Housing Element to
the California Department of Housing and Community Development for certification.
The motion passed on the following vote:
AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
Code Amendment to Municipal Code Chapter 17.11, "Affordable Housing,"
Chapter 17.96, "Definitions," and Chapter 15.20, "Moratorium on Land Use
Permits" (1801 x 701)
City Council Minutes
June 17, 2008
Page 14 of 19
City Clerk Morreale reported that notice of the public hearing was duly published and
written protests were included with the staff report.
Mayor Stern declared the public hearing open.
Mayor Pro Tern Clark moved, seconded by Mayor Stern, to waive the staff report.
Without objection, Mayor Stern so ordered.
Council and staff discussed the following topics: the density bonus portion of the item to
bring the City into compliance with State law; allowable "granny flats" in the Landslide
Moratorium area that is served by sewer lines, so that there would not be any adverse
impacts on the landslide.
City Clerk Morreale reported that there were no requests to speak on the item.
Mayor Stern declared the public hearing closed.
Mayor Pro Tern Clark moved, seconded by Mayor Stern, to 1) ADOPT RESOLUTION
NO. 2008-55, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, CERTIFYING A NEGATIVE DECLARATION FOR THE PROJECT;
and 2) INTRODUCE ORDINANCE NO. 474, AN ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES, AMENDING CHAPTER 17.11 (AFFORDABLE HOUSING),
CHAPTER 17.96, (DEFINITIONS), AND CHAPTER 15.20 (MORATORIUM ON LAND
USE PERMITS) OF THE CITY'S MUNICIPAL CODE TO CONFORM TO STATE
DENSITY BONUS LAWS, TO IMPLEMENT CITY COUNCIL POLICY PERTAINING TO
THE LOCATION OF FUTURE AFFORDABLE HOUSING UNITS, TO MAKE CHANGES
TO THE SECTION PERTAINING TO AFFORDABLE HOUSING REQUIREMENTS
FOR NON-RESIDENTIAL PROJECTS, AND TO PERMIT SECOND DWELLING UNITS
IN THE PORTION OF THE LANDSLIDE MORATORIUM AREA THAT IS SERVED BY
SANITARY SEWERS.
The motion passed on the following vote:
AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:
REGULAR NEW BUSINESS:
Los Angeles County Sheriff's Contract (1206)
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there were no requests to speak on this item.
City Council Minutes
June 17, 2008
Page 15 of 19
Council expressed support for Captain Anda and the Lomita Sheriff's Department and
inquired as to the merit of painting the name of the City of Rancho Palos Verdes on the
dedicated Sheriff car. Staff agreed to bring back information on that matter at a future
time.
Councilman Wolowicz moved, seconded by Mayor Pro Tem Clark, to: 1) Authorize the
Mayor to sign the FY 08-09 Services for the Peninsula Region (Rancho Palos Verdes,
Rolling Hills, and Rolling Hills Estates); and, 2) Authorize the City Manager to sign the
FY 08-09 Rancho Palos Verdes Deployment Survey with the Los Angeles County
Sheriff's Department.
The motion passed on the following vote:
AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
Establish an Ad Hoc Subcommittee (Audit Committee) and Mayor's Appointment
for 2008 (106 x 602)
Councilman Long moved, seconded by Mayor Stern, to waive the staff report.
Without objection, Mayor Stern so ordered.
Councilman Wolowicz moved, seconded by Councilman Gardiner, to establish an Ad-
Hoc Subcommittee of the City Council to serve as an Audit Committee for 2008, with
Mayor Stern appointing Councilman Wolowicz and Councilman Long to serve on the
Audit Committee for 2008.
The motion passed on the following vote:
AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
Appointment of Council Ad Hoc Subcommittee for Franchise Waste Hauling
Contract (106 x 1301)
Council and staff discussed the timing of the issue regarding the renegotiation or a
Request for Proposal (RFP) for the Franchise Waste Hauling Contract, possible
Subcommittee members, and the RFP and bidding process.
Mayor Stern appointed himself and Mayor Pro Tem Clark to the Franchise Waste
Hauling Contract Council Subcommittee.
Groundbreaking Ceremony for McCarrell Canyon Storm Drain Project (604 x 307)
City Council Minutes
June 17, 2008
Page 16 of 19
Councilman Long moved, seconded by Mayor Stern, to select Tuesday, July 1, 2008 at
6:00 P.M. in the roadway at Palos Verdes Bay Club, for the groundbreaking ceremony.
The motion passed on the following vote:
AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
ITEM REMOVED FROM CONSENT CALENDAR:
Appeal of a Height Variation, Grading Permit, Site Plan Review and Extreme Slope
Permit (Case No. ZON2007-00179) (5329 Bayridge Road) (1806)
Councilman Long stated that he did not see the view impairment to be significant and
did not consider the finding as stated to be pertinent to the View Ordinance. He noted
the height variation was warranted since the proposed addition did not significantly
impair a view from the public property when the entirety of the view is considered and
objected to the finding.
City Attorney Lynch indicated that if the Council concurred staff could return with an
amended resolution to more accurately reflect the Council's decision.
Councilman Long moved that staff return with an amended Section 5 that would indicate
that the view impairment was not significant when the view as a whole was examined.
The motion died for lack of a second.
Mayor Pro Tem Clark moved, seconded by Councilman Gardiner, to ADOPT
RESOLUTION NO. 2008-56, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, THEREBY APPROVING THE APPLICANT'S APPEAL
BY OVERTURNING THE PLANNING COMMISSION'S DECISION AND APPROVING
A HEIGHT VARIATION, GRADING PERMIT, SITE PLAN REVIEW AND EXTREME
SLOPE PERMIT (CASE NO. ZON2007-00179). The motion passed on the following
roll call vote:
AYES: Clark, Gardiner, Wolowicz, and Mayor Stern
NOES: None
ABSTAIN: Long
CITY COUNCIL ORAL REPORTS:
Mayor Stern reported that he attended the following events: the Pt. Vicente
Interpretive Center docent luncheon on June 14, 2008; an event honoring Barbara
Dye, the former Executive Director of the Palos Verdes Peninsula Land
Conservancy on June 13, 2008; the League of California Cities meeting on June
12, 2008; a filming for an appearance on the Colbert Report on June 11, 2008; the
City Council Minutes
June 17, 2008
Page 17 of 19
monthly Mayor's Breakfast Meeting on June 6, 2008; and, the California Contract
Cities Conference at the end of May 2008 in Indian Wells.
Councilman Wolowicz reported that he attended the following events: the monthly
Mayor's luncheon on May 21, 2008; a Palos Verdes Peninsula Transit Authority
(PVPTA) meeting on May 22, 2008, where he expressed opposition to any
increase to the transportation funds to PVPTA that would come out of the City's
General fund; a site inspection of the Bayridge property on tonight's agenda on
June 1, 2008; a meeting with Vincent Stellio on June 6, 2008 regarding a request
to plant shrubbery at the end of the driving range; the PVPLC luncheon honoring
Barbara Dye on June 13, 2008; the Pt. Vicente Interpretive Center docent
luncheon on June 14, 2008; and, the Rotary International Convention in Los
Angeles on June 15, 2008.
Mayor Pro Tern Clark reported that he attended the following events: the monthly
Mayor's Breakfast Meeting on June 6, 2008; the California Coastal Commission
meeting on June 13 -15, 2008, where he facilitated a meeting at the request of
Vincent Stellio with the Executive Director and Regional Director of the California
Coastal Commission to discuss open items regarding the Trump National Golf
Course, including the flag pole.
Councilman Long reported that he attended the following events: the Pt. Vicente
Interpretive Center docent luncheon on June 14, 2008; the PVPLC luncheon
honoring Barbara Dye on June 13, 2008; the American Cancer Society's Stn
Annual Relay for Life event on June 14, 2008; a meeting with David Conforti and
Vincent Stellio on June 7, 2008 regarding the Trump National Golf Course; and,
expressed regret at missing the Contract Cities Conference due to another
commitment.
Councilman Gardiner reported that he attended the following events: a meeting
with Vincent Stellio regarding the Trump National Golf Course; the Traffic Safety
Commission Meeting on June 16, 2008; and, the American Cancer Society's
Relay for Life.
COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS:
Councilman Long requested the following items be placed on future agendas: signage
on Palos Verdes Drive East; and, the ASAP (law enforcement technology) program.
Mayor Pro Tern Clark requested an item regarding the ban of Overnight Street Parking
be placed on an agenda by August 2008.
Council and staff discussed the upcoming meetings of the Committees and
Commissions and a status update of the Advisory Board structure and future work
plans.
City Council Minutes
June 17, 2008
Page 18 of 19
CLOSED SESSION REPORT:
City Attorney Lynch reported that the Council gave unanimous direction to the City
Attorney's Office regarding a letter of response to the request for public records
involving documents that are within the possession of Council Members, with all Council
Members present.
ADJOURNMENT:
Mayor Stern adjourned the meeting at 12:07 A.M. to Tuesday, July 1, 2008 at 6:00 P.M.
in the roadway at the Palos Verdes Bay Club, 32759 Seagate Drive, Rancho Palos
Verdes for a Groundbreaking Ceremony for the McCarrell Canyon Storm Drain Project.
Attest:
City Clerk
WACity Council Minutes \2008 \20080617 CC MINS.doc
Mayor
City Council Minutes
June 17, 2008
Page 19 of 19