CC MINS 20081021 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
OCTOBER 21, 2008
The meeting was called to order at 7:04 P.M. by Mayor Stern at Fred Hesse Community
Park, 29301 Hawthorne Boulevard.
City Council roll call was answered as follows:
PRESENT: Clark, Long, Wolowicz, and Mayor Stern
ABSENT: Gardiner (excused)
Also present were City Manager Carolyn Lehr; City Attorney Carol Lynch; Deputy City
Manager Carolynn Petru; Director of Planning, Building & Code Enforcement Joel
Rojas; Director of Finance/Information Technology Dennis McLean; Director of Public
Works Jim Bell; Deputy Planning Director Greg Pfost; Principal Planner Ara Mihranian;
Associate Planner Kit Fox; and, City Clerk Carla Morreale.
FLAG SALUTE:
The Flag Salute was led by Councilman Wolowicz.
MAYOR'S ANNOUNCEMENTS:
Mayor Stern reported that he received an angry phone message about an incident with
Halloween decorations that took place in the City of Palos Verdes Estates, not in the
City of Rancho Palos Verdes. He summarized changes to City Council Meeting
Procedures, noted that the agendas contained time estimates on the duration of each
agenda item, and that staff would use a clock to assist the Council in keeping track of
the time spent on an item in addition to the clock displaying the time allowed for
comments from public speakers.
RECYCLE DRAWING:
Mayor Stern announced Recyclers of the Month for the October 7, 2008 City Council
meeting: Donald Rosenblatt and Don Ott. 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:
Councilman Wolowicz moved, seconded by Councilman Long, to approve the Agenda.
Without objection, Mayor Stern so ordered.
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October 21, 2008
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PUBLIC COMMENTS:
None.
CITY MANAGER REPORT:
City Manager Lehr reported on the successful use of 50 goats for two days in brush
clearance on two acres of property at City Hall.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that there was one request to speak on Item No. 3
(Neighborhood Beautification Grant Awards) and late correspondence was distributed
prior to the meeting on Item No. 10.
Councilman Wolowicz moved, seconded by Mayor Pro Tem Clark, to approve the
Consent Calendar with Item No. 3 removed for separate consideration immediately
following the approval of the Consent Calendar and Item No. 7 (Health Insurance
Contributions) to follow after Regular Business items.
The motion carried on the following roll call vote:
AYES: Clark, Long, Wolowicz, and Mayor Stern
NOES: None
ABSENT: Gardiner
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 May 10, 2008 Adjourned Regular Meeting/Budget
Workshop; May 20, 2008 Regular Meeting; and, June 3, 2008 Regular Meeting.
Neighborhood Beautification Grant Awards (Cycle 19) (602)
This item was removed from the Consent Calendar for separate consideration.
Authorize Granting an Easement to the Sanitation District of Los Angeles County
for Sewer Facilities (1402 x 450)
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October 21, 2008
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1) Granted an Easement to the Sanitation District of Los Angeles County; and, 2)
ADOPTED RESOLUTION NO. 2008-96, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, AUTHORIZING THE COUNTY
SANITATION DISTRICT NO. 5 OF LOS ANGELES COUNTY TO RECORD SAID
EASEMENT WITH THE LOS ANGELES COUNTY RECORDER.
Amendments to City Council Rules of Procedure (307)
ADOPTED RESOLUTION NO. 2008-97, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, MODIFYING RULES 3.2, 5.2 AND 8 OF
THE RULES OF PROCEDURE TO ENSURE EFFECTIVE DECISION-MAKING AND
IMPROVE PUBLIC PARTICIPATION.
City Council Meeting Schedule (307)
Rescheduled the interview of advisory board candidates previously scheduled at 7:00
P.M. on Thursday, December 4, 2008 to 6:00 P.M. on Tuesday, December 2, 2008 in
the Fireside Room at Hesse Park.
Health Insurance Contributions (902 x 1202)
This item was removed from the Consent Calendar for separate consideration.
Adjustment to Arterial Roads Rehabilitation Program (1404)
1) ADOPTED RESOLUTION NO. 2008-98, A RESOLUTION OF THE CITY COUNCIL
FOR THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION 2008-47,
THE BUDGET APPROPRIATION FOR FY08-09, FOR A BUDGET ADJUSTMENT
INCREASE OF $1.2 MILLION IN THE CITY'S STREET IMPROVEMENT PROGRAM IN
THE CIP FUND AND THE PROPOSITION C ("PROP C") FUND, WHICH HAS AN
ACCUMULATED AND UN-APPROPRIATED FUND BALANCE THAT IS OTHERWISE
NOT USED IN FY08-09; 2) Amended the professional services contract with Willdan
Engineering to extend the scope of services and increase the existing FY08-09 design
contract in the amount of$55,332 by a maximum additional amount of$59,250 for a
total contract of$114,572; and, 3) Authorized the Mayor and City Clerk to sign the
amendment to the professional services contract with Willdan Engineering.
Acceptance of Open Space Lots (Trump National Golf Course Project)
(950 x 120 x 1411)
1) Authorized the Mayor and City Clerk to execute the Indemnity Agreement between
the City and V.H. Property Corporation pertaining to the City's acceptance of"Marilyn
Ryan Sunset Point Park" (Lot A of VTTM No. 50666) and the "Bluff-top Lot" (Lot G of
VTTM No. 50666); and, 2) ADOPTED RESOLUTION NO. 2008-99, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ACCEPTING
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October 21, 2008
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CERTAIN OPEN SPACE LOTS WITHIN THE TRUMP NATIONAL GOLF CLUB
PROJECT.
Register of Demands
ADOPTED RESOLUTION NO. 2008-100, 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.
# # # # # #
ITEM REMOVED FROM THE CONSENT CALENDAR:
Neighborhood Beautification Grant Awards (Cycle 19)
Discussion between Council and staff included the following topics: concern that the
same Homeowners Associations (HOAs) were receiving the neighborhood
beautification grants; the explanation that the grant is received based upon the HOAs
willingness to apply and meet the necessary criteria; a suggestion to publicize the
opportunity for the award of grants in a better manner to reach more HOAs and
neighborhoods without HOAs; limited staff resources to spend on advertising of the
grants and additional community outreach; the realization that 50 percent of residents
live in areas that do not have HOAs; the allocation of the resources of the beautification
program more equitably for all areas of the City; alternate methods for allocating the
grants; and, a request to have staff bring back a proposal to make the process more
equitable.
Bob Nelson, Seabluff Homeowners Association, Rancho Palos Verdes, thanked the
Council for making the grant monies available to the neighborhoods and HOAs. He
stated that to encourage participation, the Council might consider expanding the
program, advertising, allowing several property owners to apply together regarding a
project, and, simplifying the process, since the current process is complex with the
applications requiring approximately 10-15 hours to prepare.
Councilman Wolowicz moved, seconded by Mayor Pro Tem Clark, to adopt the staff
recommendation with direction to staff to return with additional information regarding the
Neighborhood Beautification Grant Program for Council's discussion and consideration.
Further Council discussion included the following concerns: the fairness of the current
program; changing the rules for those who have put in the time and effort of filing an
application for grant awards; all HOAs have the ability to apply for the funds; and the
assertion that there might be alternatives to the current program for equitable
distribution of funds.
Councilman Wolowicz moved, seconded by Mayor Pro Tem Clark, to 1) Approve forty-
two grant applications for the Neighborhood Beautification Program Cycle 19 totaling
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October 21, 2008
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$157,650; 2) Deny one grant application from Pacific View HOA for reasons that the
requested landscaping improvements at Lower Hesse Park do not fall under the scope
of"Neighborhood Beautification," where the improvements can be seen from the Public
Right of Way by Rancho Palos Verdes residents; 3) Deny second grant application from
Rolling Hills Riviera HOA for reasons that their project from Cycle 18 has not been
completed; 4) Request City Council to extend recognition to the five outstanding
participants in the Cycle 18 Neighborhood Beautification Grants; and, 5) Direct staff to
bring back alternatives to the current program for Council consideration.
The motion passed on the following roll call vote:
AYES: Clark, Wolowicz, and Mayor Stern
NOES: Long
ABSENT: Gardiner
PUBLIC HEARINGS:
Vesting Tentative Tract Map No. 68796, General Plan Amendment, Zone Change,
Conditional Use Permit, Grading Permit, Density Bonus and Environmental
Assessment (Planning Case Nos. SUB2007-00003 & ZON2007-00072): Highridge
Condominiums, 28220 Highridge Road [Continued from September 16, 2008]
(1411 x 701)
City Clerk Morreale reported that this item was continued from the September 16, 2008
City Council Meeting, late correspondence was distributed prior to the meeting, and
there were 5 requests to speak on the item.
Associate Planner Fox provided a brief staff report on the item.
Mayor Pro Tem Clark moved approval of the staff recommendation.
Mayor Stern reminded him that there were requests to speak on the item.
Zaffar Hassanally, applicant, stated that he concurred with the staff recommendation.
Nina Ito, Rancho Palos Verdes, stated that she would like the developer to make
compromises and redesign the project in order to preserve her view.
Marlene Resing, Rancho Palos Verdes, stated that she wanted the developer to
compromise by splitting some of the larger units, so that she could retain the view from
her property and she questioned assertions that the Fire Code prevented the developer
from making some of the requested changes. She asked that the project be denied with
prejudice and clarified that Unit H still blocked her view.
Mayor Stern seconded Mayor Pro Tem Clark's motion.
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October 21, 2008
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Councilman Long stated that in order to approve the project the Council was required to
make the finding that there was no significant adverse affect on adjacent property or
permitted use thereof. He opined that the View Ordinance should be enforced and
expressed concern that the Council was going down a path of design by hearing, which
he believed was ill advised.
Councilman Wolowicz proposed an amendment to the motion that the City take out one
unit of required low-income housing if it is the unit creating the view impairment (Unit K).
The motion died for lack of a second.
Mayor Stern closed the public hearing.
Mayor Pro Tem Clark moved, seconded by Mayor Stern, to 1) ADOPT RESOLUTION
NO. 2008-101, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, THEREBY CERTIFYING THE MITIGATED NEGATIVE
DECLARATION FOR THE PLANNING COMMISSION-RECOMMENDED PROJECT;
and, 2) ADOPT RESOLUTION NO. 2008-102, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES, THEREBY CONDITIONALLY
APPROVING THE REQUESTED VESTING TENTATIVE TRACT MAP NO. 68796,
GENERAL PLAN AMENDMENT, ZONE CHANGE, CONDITIONAL USE PERMIT,
GRADING PERMIT AND DENSITY BONUS FOR THE 28-UNIT RESIDENTIAL
CONDOMINIUM PROJECT AS RECOMMENDED BY THE PLANNING COMMISSION
ON AUGUST 12, 2008.
The motion carried on the following roll call vote:
AYES: Clark, Wolowicz, and Mayor Stern
NOES: Long
ABSENT: Gardiner
Code Amendment (Case No. ZON2007-00598), a Request to Amend Title 15
(Building Code) and Title 17 (Development Code) of the City's Municipal Code to
encourage "Green Building" Construction (1801)
City Clerk Morreale reported that notice of the public hearing was duly published and no
written protests were received.
Mayor Stern opened the public hearing.
Councilman Long moved, seconded by Councilman Wolowicz, to continue the public
hearing to the November 6, 2008 meeting.
The motion carried on the following roll call vote:
AYES: Clark, Long, Wolowicz, and Mayor Stern
NOES: None
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October 21, 2008
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ABSENT: Gardiner
Revision "PP" to the Trump National Golf Course Project (1411)
City Clerk Morreale reported that notice of the public hearing was duly published, written
protests were included in late correspondence, and there were no requests to speak on
the item.
Councilman Long moved, seconded by Mayor Stern, to waive the staff report.
Without objection, Mayor Stern so ordered.
Council and staff discussion included the following topics: discussion of who was
responsible for maintenance of the medians on Palos Verdes Drive South; a status
update regarding the flag pole and driving range applications; reasons for delays; and, a
summary of possible outstanding issues.
Mayor Stern declared the public hearing open.
Vincent Stellio, Trump National Golf Course, provided an update on the applications
before the Coastal Commission, proposed habitat restoration work, and proposed
landscape plan. He explained that scheduling conflicts with the asphalt contractor had
precluded the curb cut completions, which was due by October 3, 2008, and he clarified
the location of the ficus trees on the Trump property. He stated that there were not
signs regarding safety issues on the driving range and an application has been filed with
the City to consider modifications to the amendment to the driving range; that there
were staff members tasked to constantly monitor the range to access the ability of the
golfer in order to address potential safety issues; and, that they have requested
consideration of the elimination of the fence and wall. He explained the green fee
structures for golf course.
Councilmember Wolowicz stated that the geology issues were the area of greatest
concern.
Mayor Stern declared the public hearing closed.
Councilman Wolowicz moved, seconded by Mayor Pro Tem Clark, to 1) ADOPT
RESOLUTION NO. 2008-103, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, ADOPTING ADDENDUM 37 TO ENVIRONMENTAL
IMPACT REPORT NO. 36; 2) ADOPT URGENCY ORDINANCE NO. 480U, AN
ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, AUTHORIZING AN
EXTENSION TO THE DEVELOPMENT AGREEMENT TO JANUARY 22, 2009; 3)
Authorize the Mayor and the City Clerk to Execute the Documents on Behalf of the City;
4) Extend Vesting Tentative Tract Map No. 50666 consistent with the term of the
Development Agreement; and, 5) ADOPT RESOLUTION NO. 2008-104, RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING
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October 21, 2008
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GRADING PERMIT NO. 1541 TO ALLOW AN EXTENSION TO THE OPERATION OF
THE DRIVING RANGE TO JANUARY 22, 2009.
The motion carried on the following roll call vote:
AYES: Clark, Long, Wolowicz, and Mayor Stern
NOES: None
ABSENT: Gardiner
PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:
REGULAR NEW BUSINESS:
Consider Council Position on Proposition 1A (Safe, Reliable High-Speed
Passenger Train Bond Act) and Measure R (Traffic Relief and Rail Expansion
Ordinance) (306)
Councilman Wolowicz distributed information from the California Chamber of
Commerce and Supervisor Knabe's website regarding these items.
Discussion between Council and staff included the following topics: both measures
implement significant infrastructure projects; the appropriateness of the Council to take
positions on Propositions; Supervisor Knabe's position; concern with increasing taxes
and shrinking government spending; the League of California Cities taking no position
on the Proposition; and, concern that the Measure benefits Los Angeles, but no one
else.
Councilman Long moved to take a position of support on Measure R and Proposition
1A. The motion died for lack of a second.
Mayor Stern moved, seconded by Mayor Pro Tem Clark, to table the item.
The motion passed on the following roll call vote:
AYES: Clark, Wolowicz, and Mayor Stern
NOES: Long
ABSENT: Gardiner
RECESS AND RECONVENE:
Mayor Stern called a brief recess from 8:29 P.M. to 8:34 P.M.
ITEM REMOVED FROM THE CONSENT CALENDAR:
Health Insurance Contributions
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October 21, 2008
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Discussion between Council and staff included the following issues: the history of the
item; ways in which to encourage higher employee enrollment in the Health Savings
Account (HSA) program; the scheduling of informational meetings prior to the next
enrollment period to educate employees about the HSA; a request for a report back to
the Council and depending on results, the formation of an Ad Hoc Committee or
examination of ways to control the pace of increased health care costs; employees
being cautious to try a new program; word of mouth as the most effective manner in
which to encourage others to enroll in the program; a suggestion of ways to make the
HAS more attractive to employees or adjust the PPO to require employees to bear more
of the cost if there is not an increase in enrollment in the HSA; the importance of funding
the full deductible for the employees; a request for a status report after the health
insurance enrollment period has closed; trends in health care costs and the difficulty in
getting an accurate financial picture; enrollment patterns; employee turnover; increased
deductibles and premiums; and, an increase in the number of employees.
Councilman Long moved, seconded by Mayor Stern, to 1) ADOPT RESOLUTION NO.
2008-105, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, AMENDING THE CITY'S MAXIMUM MONTHLY CONTRIBUTION
AMOUNTS FOR EMPLOYEE HEALTH INSURANCE PREMIUMS; and, 2) Direct staff
to return with a report regarding 2009 enrollment data and depending upon the
outcome, Council to decide whether to create a Health Benefits Ad Hoc Committee.
The motion carried on the following roll call vote:
AYES: Clark, Long, Wolowicz, and Mayor Stern
NOES: None
ABSENT: Gardiner
CITY COUNCIL ORAL REPORTS:
Councilman Wolowicz reported on his attendance at the following events: the City's 35th
Anniversary Community Celebration at PVIC on October 11, 2008; the Del Amo Rotary
Club of Torrance and Schweitzer Center dinner honoring Dr. Bill Ehler and his work
benefiting the community on October 13, 2008; the Palos Verdes Peninsula Transit
Authority Board of Directors meeting on October 16, 2008; and, the California Contract
Cities Association Conference in San Luis Obispo regarding water demands.
Mayor Pro Tem Clark reported that he attended the California Contract Cities
Association Conference in San Luis Obispo and noted that the panel discussion on
water quality pollution and discharge elimination was the high point of the conference.
He reported that Governor Schwarzenegger had declared California to be in a state of
drought with rationing to begin in January 2009 and discussed the sources of the
State's water supply, noting that emergency reserves are less than 50% of what they
were two years ago. He reported that Governor Schwarzenegger had challenged the
State to attempt a 20% permanent cutback in water usage and noted that Sacramento
and surrounding areas did not currently have water meters but would by 2025. He also
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October 21, 2008
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reported participating in the California Coastal Commission meeting in Ventura, where
the Terranea Resort project was on the agenda and staff had denied the approval of an
entrance kiosk.
Mayor Stern reported on his attendance at the following events: the City's 35th
Anniversary Celebration at PVIC on October 11, 2008; the Mayor's Lunch on October
15, 2008; the Sanitation District meeting; the California Contract Cities Association
Conference on October 18-19, 2008;and, a Trash Subcommittee meeting on October
21, 2008. He reported receiving a report from the West Vector Control District that an
elderly resident of the City of Rancho Palos Verdes had contracted West Nile Virus and
did not survive. He suggested that residents take precautions and Deputy City Manager
Petru reported that the City's home webpage had a link to the Los Angeles County West
Vector Control District site for additional information.
COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS:
Councilman Long requested earlier notification to the public regarding the Bulk/Excess
Green Waste Program Collection Day, noting that the map provided in the City
newsletter had been hard to read and the timing did not provide enough time for
residents to get their green waste ready.
Councilman Wolowicz asked that staff research the remaining lots in the City that may
support high density residential developments and possible action to address low
income housing.
ADJOURNMENT:
At 9:06 P.M., Mayor Stern adjourned the meeting to Monday, October 27, 2008 at 7:00
P.M. at Hesse Park for an Adjourned Regular Meeting/Traffic Safety Commission Joint
Workshop.
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City Council Minutes
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