CC MINS 20081106 ADJ MINUTES
RANCHO PALOS VERDES CITY COUNCIL
ADJOURNED REGULAR MEETING
NOVEMBER 6, 2008
The meeting was called to order at 7:01 P.M. by Mayor Stern at Fred Hesse Community
Park, 29301 Hawthorne Boulevard, notice having been given with affidavit thereto on
file.
City Council roll call was answered as follows:
PRESENT: Clark, Long, Wolowicz, and Mayor Stern
ABSENT: Gardiner (excused)
Also present were Carolyn 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; Eduardo Schonborn, Senior Planner
Leza Mikhail, Associate Planner; Ron Dragoo, Senior Engineer; and Carla Morreale,
City Clerk.
Also present was Jim Knight, Planning Commissioner.
FLAG SALUTE:
The Flag Salute was led by Joel Rojas, Director of Planning, Building, and Code
Enforcement.
CEREMONIAL ITEM:
Mayor Stern announced that City tiles will be provided to out-going Traffic Safety
Commission Member Ava Shepherd and Finance Advisory Committee Member Amar
Moon.
MAYOR'S ANNOUNCEMENTS:
Mayor Stern announced the dates that Waste Management will provide Bulk/Excess
Green Waste Annual Pickup.
RECYCLE DRAWING:
Mayor Stern announced Recyclers of the Month from the October 21, 2008 City Council
Meeting: Bharat Patel and Robert and Elly Visser. 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:
City Council Minutes
November 6, 2008
Page 1 of 12
Councilman Wolowicz moved, seconded by Councilman Long, to approve the Agenda.
Without objection, Mayor Stern so ordered.
PUBLIC COMMENTS:
Kathleen Wood, Rancho Palos Verdes, reported on abuse of the view restoration
process since a neighbor recently trespassed on her property to have trees trimmed
without her permission and requested changes be made to the View Restoration
Ordinance and Municipal Code.
Mayor Stern and City Attorney Lynch stated that the trespassing issue was a civil matter
and property owners have adequate legal remedies to address trespassing on private
property.
Nathan Koenig, USC Triathlon Club, Los Angeles, announced that they would like to
host a triathlon in the City of Rancho Palos Verdes and inquired which staff member
would be the point of contact.
Jessica Leeds, Rancho Palos Verdes, voiced concerns with the safety of the proposed
road for the Trump development of ten homes along on Palos Verdes Drive South. She
commented that there are safety issues regarding errant golf balls along the trails that
adjoin the Trump National Golf Course driving range.
Mayor Pro Tem Clark stated that if there was evidence of safety problems regarding golf
balls on the driving range, that Trump National Golf Course staff would be required to
change to the use of low compression' balls.
Richard Meyer, Rancho Palos Verdes, voiced concern with the Trump National
organization for the removal of a neighbor's fence, and alerted the Council that there
were plans to plant New Zealand Christmas Trees in the location where the ficus trees
had been previously planted along the west property line.
CITY MANAGER REPORT:
None.
Mayor Pro Tem Clark stated that he would like to know the total number of voters in the
City of Rancho Palos Verdes who voted in the November 4, 2008 General Election.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
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November 6, 2008
Page 2 of 12
Councilman Wolowicz moved, seconded by Mayor Pro Tern Clark, to approve the
Consent Calendar with Item 3 (Border Issues Status Report) removed for separate
discussion immediately after the Regular Business items.
The motion passed on the following roll call vote:
AYES: Clark*, Long, Wolowicz, and Mayor Stern
NOES: None
ABSENT: Gardiner
*Mayor Pro Tern Clark abstained voting on Item No. 5, regarding Marymount College.
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 June 17, 2008 Regular Meeting.
Border Issues Status Report (310)
This item was removed from the Consent Calendar for separate consideration.
City Hall Campus Electrical System Improvements (1204)
Awarded and authorized the Mayor to execute the contract in the amount not to exceed
$30,500 with Nikolakopulos & Associates Inc., Consulting Electrical Engineers, to
provide electrical engineering design services for the City Hall campus including
installation of the power generator and the associated electrical systems.
Contract Addendum No. 3 for the Marymount College Facilities Expansion
Environmental Impact Report (1203)
Approved Contract Addendum No. 3 to the Agreement for Consulting Services between
the City of Rancho Palos Verdes and Robert Bein, William Frost & Associates (RBF)for
the Preparation of an Environmental Impact Report for the Marymount College Facilities
Expansion Project, in the amount of$57,400.
Professional Engineering Services for Residential Streets Overlay and Slurry Seal
Program (FYO8-09) (1404)
1) Awarded a professional service contract to Harris & Associates for Design Services
and Construction Management & Inspection Services for the Residential Street Overlay
and Slurry Seal Project Fiscal Year 08-09; and,
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November 6, 2008
Page 3 of 12
2) Authorized the Mayor and City Clerk to execute a Professional Services Agreement
with Harris & Associates for a not to exceed amount of$52,690 for Design Services and
$44,600 for Construction Management & Inspection services, and authorized the
expenditure of up to an additional $5,000 for each service.
Revision to Investment Policy— FY08-09 (602)
Approved the proposed revision to the FY08-09 Investment Policy for the City of
Rancho Palos Verdes to enable further diversification of the City's cash portfolio as may
be deemed appropriate.
August 2008 Monthly Report of Cash Balances (602)
Received and filed the August 2008 Monthly Report of Cash Balances for the City of
Rancho Palos Verdes.
Register of Demands
ADOPTED RESOLUTION NO. 2008-106, 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.
Upgrade of Traffic Signals Project at the Intersection of Crenshaw Blvd. and
Crestridge Road (1503)
ADOPTED RESOLUTION NO. 2008-107, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RANCHO PALOS VERDES, TO DELEGATE AUTHORIZATION TO
THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE SUBJECT PROJECT'S
MASTER AGREEMENTS, PROGRAM SUPPLEMENTAL AGREEMENTS, FUND
EXCHANGE AGREEMENTS, FUND TRANSFER AGREEMENTS AND ANY
AMENDMENTS THERETO WITH THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION.
Hold Harmless Agreement that has been provided by the Developer of the
Terranea Project to address Condition No. 167 Concerning Storm Flows (1804)
Approved the Hold Harmless Agreement that was attached to the Staff Report.
# # # # # #
PUBLIC HEARINGS:
Appeal of the Planning Commission's Denial of Case No. ZON2008-00091 for a
General Plan Amendment and Zone Change for property located at 28103
Hawthorne Boulevard (Valero Gas Station site) (701)
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November 6, 2008
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City Clerk Morreale reported that notice of the public hearing was duly published, written
protests included with the staff report and late correspondence distributed prior to the
meeting, and there were eleven requests to speak on the item.
Mayor Stern declared the public hearing open and requested a brief staff report on the
item.
Senior Planner Schonborn provided a summary staff report.
Mayor Pro Tern Clark asserted that if the property was not used for its current purpose,
as it was grandfathered since the business was present before the incorporation of the
City, it should revert back to residential use.
Councilman Long stated that he urged the speakers to speak directly to the issue of
continuance since the decision should focus on whether or not the property should be
rezoned as commercial, and favored the continuance of the item to January.
Councilman Wolowicz echoed Councilman Long's remarks and stated that the issue
regarding specific usage for the site is unknown at the present time.
Discussion between staff and the Council focused on continuing the item to a future
meeting.
Mayor Stern asked for a show of hands of those opposed to a continuance of the item.
Alex DeGood, appellant, Valero Gas Station representative, Los Angeles, stated that
they supported the continuance, noting that the environmental documentation would
need to be revised and broader range of options studied for the use of the site.
Helen Fung, Rancho Palos Verdes, stated that the lot size was too small for commercial
use and that such a use would have a negative impact on the neighborhood, with an
increase of traffic and noise.
David Hsu, Rancho Palos Verdes, stated that he was not in favor of the continuance.
Joan Davidson, stated that there should not be a zoning change for the property as it
would set a bad precedent and would be inappropriate. She opined that the zoning
request did not conform to the goals laid out in the City's Master Plan. She stated that
the property should revert back to residential or remain as Automotive Overlay as was
approved in 1993.
John Freeman, Rancho Palos Verdes, stated that he did not object to the continuance
of the matter and asserted that allowing commercial use of the site would go against the
campaign platforms of each of the Council Members.
Michael Majid,, President of Friends of Rancho Palos Verdes, Rancho Palos Verdes,
stated that the organization was in full support of the continuance and requested that
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November 6, 2008
Page 5 of 12
any documentation regarding the matter be circulated for a minimum of 30 days to allow
for complete review since there is no known proposed project for the site at the present
time.
Council and staff discussion focused on the CEQA process that would be necessary
regarding a zoning change, the broad spectrum of possible uses, and potential impacts
of proposed projects.
Mayor Stern asked staff about bringing the item back January 20, 2009 and the request
for a 30-day circulation of the project's revised Mitigated Negative Declaration since a
broader range of potential commercial uses needs to be analyzed.
Victoria Thurlow, Rancho Palos Verdes, voiced opposition to the continuance, and
asserted that the present owners purchased the property in full knowledge that it was a
residentially zoned site.
Kathy Tyndall, Friends of Rancho Palos Verdes, Rancho Palos Verdes, stated that
residential use could be a viable use of the site and provided examples of previous
service station sites which changed to residential use.
Diana Feinberg, Ridgegate East Homeowners Association, spoke against any
commercial zoning of the site as it would negatively impact her neighborhood.
William Parker, Rancho Palos Verdes, stated that the Planning Commission's decision
was a correct one and inquired why his tax dollars were used for studies and continued
hearings on the item.
Mayor Stern clarified that the applicant is responsible for the cost of the traffic analysis.
Mayor Stern offered the opportunity for a rebuttal.
Mr. DeGood asserted that there were misunderstandings about the process for the
request of a zone change and noted that the applicant would return to Council in the
future with a range of possible alternative projects for the site.
Mayor Pro Tem Clark inquired if one of the alternative projects also included residential.
Mr. DeGood stated that they would return with a proposed residential use and the
reason why that option does not work at that particular site.
Council discussion included the following topics: an assertion that options needed to be
explored in order to make a decision; clarification that support for the continuance
should not be confused with support for the project; opposition to the motion as there
does not exist a need or purpose to change the land use of the property; and, the need
to "look anew" at the project as the Planning Commission had done when the CVS was
proposed.
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November 6, 2008
Page 6 of 12
Councilman Long moved, seconded by Mayor Stern, to continue the public hearing to
the January 20, 2009 City Council meeting to allow recirculation of the project's
Mitigated Negative Declaration since a broader range of potential commercial uses
needs to be analyzed due to CVS's withdrawal from the project.
The motion passed on the following roll call vote:
AYES: Long, Wolowicz, and Mayor Stern
NOES: Clark
ABSENT: Gardiner
RECESS AND RECONVENE:
Mayor Stern called a brief recess from 8:18 P.M. to 8:27 P.M.
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 the public hearing was continued from the October 21,
2008 City Council meeting.
Associate Planner Mikhail provided a report on the item and clarified new requirements.
Council discussion included support for the item, appreciation for Planning
Commissioner Knight's work regarding the matter, the minor associated costs, and the
nature of the new requirements.
Mayor Stern closed the public hearing.
Councilman Wolowicz moved, seconded by Councilman Long, to 1) ADOPT
RESOLUTION NO. 2008-108, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, THEREBY CERTIFYING A NEGATIVE
DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
DETERMINING THAT NO SIGNIFICANT ENVIRONMENTAL IMPACTS WOULD
RESULT FROM THE PROPOSED "GREEN BUILDING" CODE AMENDMENT; and, 2)
INTRODUCE ORDINANCE NO. 481, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, THEREBY AMENDING TITLE 15 (BUILDING CODE) AND TITLE 17
(DEVELOPMENT CODE) OF THE CITY'S MUNICIPAL CODE TO ESTABLISH A
VOLUNTARY GREEN BUILDING PROGRAM AND TO ESTABLISH SPECIFIC
MANDATORY GREEN PRACTICES AND DEVELOPMENT STANDARDS (CASE NO.
ZON2007-00598).
The motion passed on the following roll call vote:
AYES: Clark, Long, Wolowicz, and Mayor Stern
NOES: None
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November 6, 2008
Page 7 of 12
ABSENT: Gardiner
PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:
Deputy City Manager Petru reported that according to the Los Angeles County Clerk's
website, the City of Rancho Palos Verdes had a 70% voter turnout for the November 4,
2008 General Election.
Mayor Pro Tern Clark stated that this was a historical turnout for the City of Rancho
Palos Verdes, with Mayor Stern noting that these are the initial statistics which will
increase in the next few weeks.
REGULAR NEW BUSINESS:
Overnight Parking Restrictions of All Vehicles Including Oversized Vehicles
(1502)
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there was one request on the item.
Senior Engineer Dragoo presented a summary staff report.
Council and staff discussion included the following topics: appreciation for the clarity of
the staff report and PowerPoint presentation; parking of cars and oversized vehicles in
front of the property of others; the issuance of parking permits and citations for
violations; provisions for limited parking for visitors; the analysis of the neighborhoods
where on-street parking is a necessity due to driveway length and other restrictions; the
necessary percentage of neighborhood approval to implement a parking program; and,
current permit parking issues, exceptions and enforcement.
Ralph Ortellano, Sr., Rancho Palos Verdes, stated that he opposed parking restrictions
without the consent of the residents and strongly opposed such restrictions that were
not imposed on a property when it was purchased.
Council and speaker discussion included the abuse of the free parking system of
abandoned cars or boats in front of the properties of other's houses, current parking
problems and how to deal with those problems.
City Attorney Lynch reported that the parking of detached vehicles and inoperable
vehicles on the City streets is not currently allowed.
Jarel Wheaton, Rancho Palos Verdes, stated that the permitting process was flawed
and voiced concern with the practicality of enforcement.
Councilman Wolowicz moved, seconded by Mayor Pro Tern Clark, to adopt the staff
recommendation on the Oversized Vehicle Parking Permit Program, with the revision
from 2 to 6 allowed overnight parking exceptions per month.
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November 6, 2008
Page 8 of 12
The motion passed on the following roll call vote:
AYES: Clark, Wolowicz, and Mayor Stern
NOES: Long
ABSENT: Gardiner
Councilman Wolowicz moved, seconded by Councilman Long, to direct staff and the
Traffic Safety Commission to cease further work on a universal ban on overnight
parking in the City, but return with a report regarding a program where individual
neighborhoods could adopt such a program.
Council discussion ensued regarding the pros and cons of the ban of overnight parking
including the following points: improving community image; deterring illegal garage
conversions; encouraging parking in garages; enhancing street appearance and
maintenance; improving safety; discouraging the parking of inoperable vehicles on City
streets; parking on the street out of necessity; taking away the rights of a property
owner to park in front of his property; and, the decrease in property value by not
allowing on-street parking.
Councilman Wolowicz amended his motion, seconded by Councilman Long, to direct
staff and the Traffic Safety Commission to cease further work on a universal ban on
overnight parking, maintain the status quo regarding the existing Municipal Code, and
direct staff to return with a plan to inform the public regarding the existing regulations
and program.
The motion as amended passed on the following roll call vote:
AYES: Clark, Long, Wolowicz, and Mayor Stern
NOES: None
ABSENT: Gardiner
Evaluation of "One Hour Rule" Council Protocol to Request Information from City
Staff(306)
City Manager Lehr stated that Council had directed staff to return with a follow-up report
after 6 months of having the "One Hour Rule" in place and provided a brief staff report
on the item.
Council and staff discussion ensued regarding the reason and need for the "One Hour
Rule;" the history of problems; the effectiveness of the "One Hour Rule" since its
adoption; clarification that a majority vote of the Council present would be necessary for
approval of a request that will take more than one hour of staff time; and, the City
Manager's ability to immediately place an item on the agenda.
Council and staff discussion continued regarding the possibility of the power of the City
Manager to control or constrain an elected representative's position; an example of an
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November 6, 2008
Page 9 of 12
individual Council Member creating burdens for staff; the "One Hour Rule" being an
overreaction to one situation; scenarios where an exception may be necessary and
ways to work around the problem; and, a suggestion to modify the rule from one to five
hours.
Mayor Pro Tem Clark moved, seconded by Mayor Stern, to affirm that Resolution No.
2008-24, which established the protocol to request information from City staff, has been
an effective policy and should be retained with no changes except for the additional
language clarifying a majority vote by Council for approval of a request that will take
more than one hour and clarification that the City Manager shall place a Council
Member's request on the agenda for the next regular meeting.
Councilman Long proposed an amendment to make the rule two hours instead of one.
Councilman Wolowicz seconded the amendment.
The amendment to the motion failed on the following roll call vote:
AYES: Long and Wolowicz
NOES: Clark and Mayor Stern
ABSENT: Gardiner
Mayor Pro Tem Clark moved, seconded by Mayor Stern, to affirm Resolution No. 2008-
24, as modified with two clarifications, which established the protocol to request
information from City staff; and staff to return with a resolution incorporating the
Council's amendments.
The motion passed on the following roll call vote:
AYES: Long, Clark, and Mayor Stern
NOES: Wolowicz
ABSENT: Gardiner
Border Issues Status Report
Councilman Wolowicz stated that he requested that this item be removed from the
Consent Calendar because he had concerns with the proposed Ponte Vista project on
Western Avenue. He announced that there were two upcoming meetings regarding the
project and requested that the previous correspondence regarding Council's position on
the matter be redistributed at these meetings.
Councilman Wolowicz moved, seconded by Councilman Long, that the previous
correspondence regarding Council's position on the matter be redistributed at the two
upcoming meetings.
Mayor Pro Tern Clark voiced support for the motion and suggested the requirement that
the developer to put another main artery on the east side of the project, which would
relieve traffic on Western Avenue.
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November 6, 2008
Page 10 of 12
The motion carried on the following roll call vote:
AYES: Long, Clark, Wolowicz, and Mayor Stern
NOES: None
ABSENT: Gardiner
Councilman Wolowicz moved, seconded by Mayor Pro Tem Clark, to receive and file
the current report on the status of border issues.
Without objection, Mayor Stern so ordered.
CITY COUNCIL ORAL REPORTS:
Councilman Wolowicz reported on his attendance at the following events: a meeting
with Valero Gas Station owners on October 22, 2008; the Marilyn Ryan Sunset Point
Park dedication on October 25, 2008; the Joint Workshop with the Traffic Safety
Commission on October 27, 2008; and the Public Works presentation on November 1,
2008 regarding the Tarapaca Storm Drain, which will be the single largest construction
project the City will have to deal with in the near future. He added that he recently had
a brief tour of the McCarrell Canyon Storm Drain project.
Mayor Pro Tem Clark reported on his attendance at the following events: the
subcommittee meeting with the Annenberg Foundation on October 28, 2008; the "State
of the Region" address by Congresswoman Harman on October 29, 2008; the Public
Works presentation regarding the Tarapaca Storm Drain on November 1, 2008; and, he
explained that he was unable to attend the Marilyn Ryan Sunset Point Park dedication
since he was out of town on business.
Councilman Long reported on his attendance at the following events: a meeting with
Valero Gas Station owners on October 27, 2008; a tour of the Tarapaca Storm Drain
site with Public Works Director Bell on October 30, 2008 in preparation for the
November 1, 2008 meeting; the monitoring of a polling place in Nevada on the
November 4, 2008 Election Day; and, the Marilyn Ryan Sunset Point Park dedication on
October 25, 2008.
Mayor Stern reported on his attendance at the following events: the South Bay cities
Council of Government meeting on October 23, 2008; the Marilyn Ryan Sunset Point
Park dedication on October 25, 2008; a subcommittee meeting with the Annenberg
Foundation on October 28, 2008; and, the monitoring of a polling place in Nevada on
the November 4, 2008 Election Day. He announced that the San Ramon
Canyon/Tarapaca Storm Drain item was a massive, long-term problem with serious
financial implications, which crosses the boundaries of the City of Rancho Palos
Verdes, the County of Los Angeles, and the City of Los Angeles.
COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS:
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November 6, 2008
Page 11 of 12
Councilman Wolowicz raised the following future agenda items, which had previously
been discussed:
1) Rezoning of High Density Lots
2) Peafowl issues
3) Trees in the Public ROW —damage and replacement policy
4) Meaningless Ordinances
5) Grandview Park— Potential Uses
6) Active Fields Update
7) Emergency Supply Cache
8) Tactical Goals Update
Discussion with the City Manager ensued on how to handle the requests.
Mayor Pro Tem Clark asked for an item on adopting a Sister City to be brought forward,
and requested an update on the progress in accomplishing the City's Tactical Goals for
the year. He also inquired about the "Skip the Bag Day" in December 2008 to
encourage the non-use of plastic grocery bags.
ADJOURNMENT:
At 10:45 P.M., Mayor Stern adjourned the meeting.
.„,
Mayor
Attest:
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City Clerk
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