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CC MINS 20090407 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING APRIL 7, 2009 The meeting was called to order at 6:00 P.M. by Mayor Clark at Fred Hesse Community Park, 29301 Hawthorne Boulevard and was immediately recessed into closed session. The meeting reconvened at 7:12 P.M. City Council roll call was answered as follows: PRESENT: Long, Wolowicz, and Mayor Clark ABSENT: Gardiner (excused) and Stern (excused) Also present were Carolyn Lehr, City Manager; Carolynn Petru, Deputy City Manager; Carol Lynch, City Attorney; Dennis McLean, Director of Finance/ Information Technology; Joel Rojas, Director of Planning, Building, and Code Enforcement; Jim Bell, Director of Public Works; Ara Mihranian, Principal Planner; Gary Gyves, Senior Administrative Analyst; Angelina Madrid, Administrative Intern; and Carla Morreale, City Clerk. Also present was Andrea Vona, Executive Director of the Palos Verdes Peninsula Land Conservancy. FLAG SALUTE: The Flag Salute was led by Dennis McLean, Director of Finance and Information Technology. MAYOR'S ANNOUNCEMENTS: Mayor Clark highlighted a new business in the City of Rancho Palos Verdes, Think Prime Steak House on Western Avenue, and introduced Paul Aghilipour, representing owner Kashi Aghilipour. RECYCLE DRAWING: Mayor Clark announced Recyclers of the Month from the March 17, 2009 City Council meeting: H. Cherman and Richard Wold. 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 Wolowicz moved, seconded by Councilman Long, to approve the Agenda as presented. City Council Minutes April 7, 2009 Page 1 of 12 Without objection, Mayor Clark so ordered. PUBLIC COMMENTS: None. CITY MANAGER REPORT: City Manager Lehr noted that she has enjoyed dinner at Think Prime Steak House and echoed the Mayor's compliments of the restaurant. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that she distributed late correspondence regarding Item No. 11 (Martingale Trail Easement Realignment) prior to the meeting. Mayor Pro Tem Wolowicz stated that he would like to make a brief comment on Item No. 5 (Border Issues Status Report) and clarified the date and time of the public hearing before the City of Los Angeles Planning Commission in downtown Los Angeles City Hall East regarding the Ponte Vista project on Western Avenue in San Pedro to be on April 9, 2009 at 8:30 A.M. Mayor Pro Tem Wolowicz moved, seconded by Mayor Clark, to approve the Consent Calendar. The motion passed by the following roll call vote: AYES: Long, Wolowicz, and Mayor Clark NOES: None ABSENT: Gardiner and Stern 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 February 17, 2009 Regular Meeting and the February 28, 2009 Special Meeting/Tactical Planning Workshop. FY07-08 Single Audit Report (602) City Council Minutes April 7, 2009 Page 2 of 12 Received and filed the Single Audit of Federally Assisted Grant Programs dated June 30, 2008 ("Single Audit Report"). South Bay Regional Transit Project (306) Authorized the Mayor to sign the letter of support for a Federal grant application submitted by the Cities of Redondo Beach and Torrance for the construction of the South Bay Regional Transit Centers Project. Border Issues Status Report (310) Received and filed the current report on the status of border issues. Adoption of Ordinance No. 487 — Second Reading (1900 x 701) ADOPTED ORDINANCE NO. 487, "AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES APPROVING A ZONE CHANGE (CASE NO. ZON2008-00649) ON A PORTION OF AN EXISTING 19.63 ACRE PARCEL LOCATED AT THE NORTHWEST CORNER OF CRESTRIDGE ROAD AND CRENSHAW BLVD (APN #7589-013-905) FROM OPEN SPACE HAZARD (OH) TO INSTITUTIONAL (I); AND ALSO AMENDING MUNICIPAL CODE SECTION 17.26.030.E FOR THE PURPOSE OF FURTHER DEFINING THE LAND USE CATEGORY "HOMES FOR THE AGED." Resolution for the Retention of Fees for Administrative Costs Related to the Collection of Building Permit Fees Required by Senate Bill 1473 (1203) ADOPTED RESOLUTION NO. 2009-21, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, REGARDING THE BUILDING PERMIT FEE REQUIRED BY SENATE BILL 1473 AND RETENTION OF ADMINISTRATIVE FEES RELATED THERETO. Claim Against the City by Kathleen Ampudia (303) Rejected claimant's application for leave to present a late claim and directed staff to notify the claimant. Second Amendment to Professional Services Agreement RPV TV Station Manager (305) Authorized the Mayor and City Clerk to execute the second amendment to the Professional Services Agreement with Mark J. Doddy to provide Station Manager duties for RPV TV. Furniture Procurement for the Planning Department (1204) City Council Minutes April 7, 2009 Page 3 of 12 1) Awarded a contract to D&R Office Works, Inc. for the design, purchase, and installation of modular furniture and a new counter at the Planning Department in the amount of$65,179 and authorized staff to spend up to an additional $821 for possible extra work or unforeseen conditions, for a total authorization of$66,000; and, 2) Authorized the Mayor and City Clerk to execute a contract with D&R Office Works, Inc. Martingale Trail Easement Realignment (701) ADOPTED RESOLUTION NO. 2009-22, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AUTHORIZING THE CITY MANAGER, THE DEPUTY CITY MANAGER, OR THE DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT OF THE CITY OF RANCHO PALOS VERDES TO: 1) ACCEPT AN EASEMENT DEED DEDICATING TO THE CITY REAL PROPERTY KNOWN AS THE "MARTINGALE TRAIL EASEMENT" (INSTRUMENT NO. 78-168460) AND 2) EXECUTE A CORRESPONDING QUITCLAIM OF A PORTION OF THE TRAIL EASEMENT TO MR. AND MRS. GLENN SMITH. 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. November 2008 Monthly Report of Cash Balances (602) Received and filed the November 2008 Monthly Report of Cash Balances for the City of Rancho Palos Verdes. December 2008 Monthly Report of Cash Balances (602) Received and filed the December 2008 Monthly Report of Cash Balances for the City of Rancho Palos Verdes. Register of Demands ADOPTED RESOLUTION NO. 2009-23, 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. # # # # # # PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA: REGULAR NEW BUSINESS: Palos Verdes Nature Preserve — Public Use Master Plan (PUMP) (1201) City Council Minutes April 7, 2009 Page 4 of 12 City Clerk Morreale reported that late correspondence was distributed prior to the meeting on this item. Principal Planner Mihranian provided a summary staff report and PowerPoint presentation regarding the item. Discussion between staff and the Council included the following issues: clarification that the proposed bicycle skills area is outside of the Palos Verdes Nature Preserve and technically outside of the scope of the public hearing presently before Council; the Palos Verdes Land Conservancy Annual Report; paragliding issues; use of the archery range by the Archery Club; farming of the City land currently leased by James Hatano, including the history of farming on the Peninsula; nighttime use of the Nature Preserve by CORBA and the Sierra Club, including topics of safety and monitoring; a request for information regarding hours of operation and nighttime use of other municipal and county parks and State and Federal Preserves; the implementation, oversight and review of the Public Use Master Plan; and, a method to be written into the Management Report between the City and the Palos Verdes Land Conservancy to allow for Council to receive periodic update reports and address issues of concern regarding the Preserve. Mayor Clark invited public participation and requested that speakers be mindful of the time and avoid repeating the same points or issues raised by another speaker. Councilman Long pointed out the five areas of consideration that the Council would appreciate receiving input on which included the following: paragliding, archery, farming, bicycle skills center, nighttime use of the Preserve, and the issues of concluding the PUMP Committee. Additional discussion between Council and staff ensued regarding the following topics: clarification that expanded trail usage was not being considered as part of this item; the appropriateness of discussion of items other than those listed on the agenda; whether the topic of a bicycle skills center located outside of the Preserve should be separately noticed and agendized; and, the current use of an area of the Preserve as a bicycle skills center. Joe Castaldo, Paragliders, Palos Verdes Estates, provided the background on paragliding in Rancho Palos Verdes, including the training, insurance and certifications required, regulations and release of liability to the City. He addressed the paragliding flight path and boundaries, landing areas, environment preservation, and, common procedures in the event of an emergency. Discussion between the Council and speaker included the following topics: knowledge of other Preserves that allow paragliding; enforcement, monitoring, licensing and permitting; FAA regulations; lateral distances of flights; and landing sites and problems with landings. City Council Minutes April 7, 2009 Page 5 of 12 Hongpyo Lee, Rancho Palos Verdes, expressed concern with and opposition to paragliding in the area citing issues of safety, liability to the City, privacy, risks to bystanders and property, and increased usage that could cause damage to the habitat and environment of the Preserve. Kurt Loheit, Rancho Palos Verdes, reported that the volunteers working in the Preserve have done an excellent job; commented on nighttime use of trails in the California State Parks on a permit basis; and, expressed support for a ranger program for enforcement in the Preserve and a volunteer program for interpretive involvement with the public. Discussion between the Council and speaker included the following topics: safety and enforcement of nighttime uses of the trails on a permit basis; public education and enforcement issues as part of the Management Plan; and, the use of volunteers for public education, but without citation authority. Al Edgerton, Rancho Palos Verdes, expressed support for continuing the archery range but suggested that there should be a notice posted prohibiting open fires in that area; recommended that any nighttime use of the Preserve be confined to groups who are able to self-enforce their group; encouraged adequate bathroom facilities in the Preserve; and, suggested providing parking near Palos Verdes Drive South for users of the Preserve. Ian Bisco, Rancho Palos Verdes, supported keeping the mountain bike trails open in the Palos Verdes Nature Preserve, requested that more trails be opened to bikers, and that a bicycle skills center be set up to allow an area for young people to ride and learn skills. Melody Colbert, Palos Verdes Peninsula Horsemen's Association (PVPHA) Board Member, Rolling Hills Estates, stated that she believed equestrians were not represented on the PUMP Committee on the night the Committee discussed the proposed uses/activities in the Preserve and expressed concern that paragliding and horseback riding were not compatible activities. Harvey Brown, Rancho Palos Verdes, expressed opposition to the paragliders launching from the proposed site in the Preserve due to issues related to safety, privacy, noise, liability, traffic, and enforcement. Simon Kann, Rancho Palos Verdes, stated that the 6-month report showed improved compliance of trail use as a result of the improved signage; expressed support for nighttime riding with the use of proper equipment and lighting; commented on a municipal park in Phoenix, Arizona that allows nighttime rides; and expressed support for a bicycle skills facility as experienced riders cause less damage to the trails. City Council Minutes April 7, 2009 Page 6 of 12 Michael Jost, Hawthorne, expressed support for a bicycle skills center as there was interest in such an area, which would improve children's access to a safe place to learn such skills. Ruth Braswell, Concerned Off-Road Bicyclists Association (CORBA), Rancho Palos Verdes, recommended marking the closed trails of the Preserve more effectively in order to keep the public off of closed trails, and suggested analyzing data regarding the well used trails with the consideration of opening additional trails for separate trail users. Sheri Hastings, (PVPHA), Rancho Palos Verdes, stated that courtesy and education of the different trail users was necessary so that the different trail users could understand each others needs and resolve potential conflicts between horses and bicyclists. She suggested it would be helpful to have a system of communication to alert groups as to dates when heavy usage by a particular group was anticipated; discussed the need for a multi-use parking area and traffic control if there was to be an equestrian center; and, suggested the bicycle skills area be located near the archery range. Troy Braswell, CORBA, Rancho Palos Verdes, stated that he was encouraged by the data gathered to more effectively manage the use of trails in the Preserve; requested that user locations be more consistently identified, and a distinction between off trail, closed trail, and unauthorized trail; expressed the need for an informational kiosk to provide public education; discussed nighttime access and stated that there should be access for the Sierra Club and CORBA for its weekly nighttime ride; and, noted that the intent of the bike skills area was to provide an alternative outside of the Preserve for those wanting to practice and learn bicycle jumps. Discussion between the Council and the speaker included the use of trail markers, vandalism of the signs, and communication between the different user groups. Eva Cicoria, Rancho Palos Verdes, reported that the signs were down again at the Forrestal Nature Preserve, acknowledged the tremendous efforts made to improve the condition of the Preserve, but noted that there was continued access and abuse of the area known as Section C, which is an area bordered by Ailor Cliff and the Ishibashi Trail. Al Sattler, Rancho Palos Verdes, referenced a letter from the Sierra Club and reported significant concerns regarding after-dark use of trails by mountain bikes which could be particularly detrimental to wildlife. Martin Howard, Director of Agronomy, Trump National Golf Club, Rancho Palos Verdes, stated that Trump National has had problems for years with establishing the native habitat at Lily Point due to the amount of traffic and continued illegal use of the area by the paragliders. Discussion between the Council, staff, and the speaker included clarification that the parking lot was City-owned and the area being used as a launch and landing site by the City Council Minutes April 7, 2009 Page 7 of 12 paragliders, Lily Point, was a part of the City-owned West Bluff Preserve area which will eventually be included in the Natural Community Conservation Planning (NCCP) area. Brad House, City of Los Angeles Bicycle Advisory Committee, Rolling Hills Estates, stated that he was concerned with fair access to trails, noted that too many trails have been closed, and was concerned regarding the lack of access to a bicycle skills area. Gordon Leon, Equestrian Committee Chair, Rancho Palos Verdes, thanked staff and acknowledged Principal Planner Mihranian for his work with the PUMP Committee, and suggested adding trails to help separate some of the users including hikers, bikers and horsemen. He stated that he supported a bicycle skills park but not at the site for the planned Equestrian Center, but instead on the ocean side of Palos Verdes Drive South. RECESS AND RECONVENE: Mayor Clark called a brief recess from 9:14 P.M. to 9:24 P.M. Dave Wiggins, Local Conservation Chairman of the South Bay Sierra Club, requested that the City consider allowing the Sierra Club hikes to continue for one hour after sunset when that occurs before 8:30 P.M. He noted that if the City would be allowing access for bicycles, the Sierra Club would be willing to forego access in order to prevent harm to the Preserve caused by mountain biking. In response to a question by Councilman Long, Mr. Wiggins stated that he had seen photographic evidence of small mammals being killed by nighttime mountain biking on the Forrestal trail and, as a rider, he believed that riding a bike after dark was risky for the rider and wildlife. Further discussion between Council and staff included concerns with compatibility of users, privacy issues, landing problems, licensing and permitting, enforcement, safety issues, and the fact that paragliding was currently prohibited without express permission of the City. Councilmember Long moved, seconded by Mayor Clark, to overturn the PUMP Committee's recommendation regarding paragliding and to not permit paragliding in the Preserve, noting that the matter could be brought back to the Council at a later time, if issues including licensing, enforcement, and problems regarding illegal take-offs and landings were addressed. Without objection, Mayor Clark so ordered. Councilman Long moved, seconded by Mayor Clark, to allow archery to continue to operate under the existing Conditional Use Permit (CUP). Without objection, Mayor Clark so ordered. City Council Minutes April 7, 2009 Page 8 of 12 Mayor Clark inquired if incorporated in the motion was that the existing CUP should be reviewed, updated, and brought back to the Council. Mayor Pro Tem Wolowicz inquired if there would be a consideration of a lease agreement between the City of Rancho Palos Verdes and the Archery Club for the continued use of the City land. Councilman Long moved, seconded by Mayor Clark, to reconsider and restate the previous motion to allow archery to continue under the existing CUP, with the review of the CUP, and, consideration of a future lease agreement with the Archery Club. Without objection, Mayor Clark so ordered. Councilman Long moved, seconded by Mayor Pro Tem Wolowicz, to adopt the PUMP recommendation regarding allowing farming to continue on City property until the current lease expires, the current lessee retires, or until habitat restoration can occur. Without objection, Mayor Clark so ordered. Councilman Long moved, seconded by Mayor Pro Tem Wolowicz, to bring the topic of a bicycle skills center back to Council as a separate agenda item with alternative locations to be considered preferably outside of the Preserve. Without objection, Mayor Clark so ordered. Further discussion ensued on possible locations for the bicycle skills center. Councilman Long moved to adopt the staff recommendation to allow nighttime use of the Preserve to end by 9:00 P.M. by different types of users, subject to it being for group use, with various permits and regulations as specified by staff. Mayor Clark indicated that he could not support nighttime use of the Preserve citing concerns with habitat damage. Mayor Pro Tem Wolowicz expressed concerns with safety and damage to the environment and noted he desired more information on the matter and the manner in which other parks have dealt with the topic of nighttime use. Councilman Long withdrew his original motion due to a lack of support. Councilman Long moved, seconded by Mayor Pro Tem Wolowicz, to allow nighttime use of the Preserve for hikers only with the limitations as established by staff and specifics of the permitting process to be brought back to Council for approval. Additional discussion ensued between the Council and staff regarding the following topics pertaining to nighttime use: safety concerns; limitations on the number of City Council Minutes April 7, 2009 Page 9 of 12 individuals in the group and the number of times a group can use the Preserve; parking and time restrictions; identification of nighttime activities; enforcement issues and signage; and, concern with negative impacts of human intervention in the Preserve after dark. The motion passed on the following roll call vote: AYES: Long and Wolowicz NOES: Mayor Clark ABSENT: Gardiner and Stern Council and staff discussed revisiting the concept of a reconstituted PUMP Committee; expansion of trails use; installing signage that can withstand abuse; installation of an informational kiosk; and, revisions to the Trails Plan. Mayor Clark moved, seconded by Mayor Pro Tem Wolowicz, to adopt the staff recommendation to sunset the PUMP Committee and recognize the Committee Members for their service. Without objection, Mayor Clark so ordered. Councilman Long moved, seconded by Mayor Pro Tem Wolowicz, to direct staff to return with a plan to provide alternatives as a result of the disbanding of the PUMP Committee. Without objection, Mayor Clark so ordered. Mayor Clark moved, seconded by Councilman Long, to receive and file the Palos Verdes Peninsula Land Conservancy 6-month report on trail use at the Portuguese Bend Reserve. Without objection, Mayor Clark so ordered. Palos Verdes Drive South - Metro Bikeway Grant Status (112 x 602) Mayor Pro Tem Wolowicz moved, seconded by Councilman Long, to waive the staff report and authorize the Mayor and City Clerk to execute the Letter of Agreement (LOA) with the Los Angeles County Metropolitan Transportation Authority (METRO)for the Bike Compatible Roadway Safety and Linkage on Palos Verdes Drive South, Project ID #F1506, TIP #LAF 1506. Councilman Long commented that this item demonstrates that the City is taking steps to improve the experience for cyclists in the City and improve the ability of motorists and cyclists to operate safely on a major thoroughfare. The motion carried on the following roll call vote: City Council Minutes April 7, 2009 Page 10 of 12 AYES: Long, Wolowicz, and Mayor Clark NOES: None ABSENT: Gardiner and Stern Proposed Sister Cities Program (306) Administrative Intern Madrid provided a summary staff report regarding the item. Council and staff discussion included the following topics: costs associated with staff initiation and support of a Sister Cities Program as currently provided by comparable cities in the South Bay; the necessity of community volunteers to help sustain the program; support for a subcommittee to explore the issue further; possible Northern or Southern California cities for consideration with similar population and challenges; and, the possibility of a Peninsula-wide collaboration. Mayor Clark moved, seconded by Mayor Pro Tem Wolowicz, to establish a subcommittee consisting of Mayor Clark and Councilman Long to work with staff to explore the Sister City concept with either domestic or international cities, conduct site visits, and bring back alternatives for consideration by the Council. Without objection, Mayor Long so ordered. CITY COUNCIL ORAL REPORTS: Mayor Pro Tem Wolowicz reported on his participation in the following events: the California Contract Cities Association meeting on February 18, 2009, where Rolling Hills Estates' Mayor Judy Mitchell was honored as the President of the League of California Cities; a meeting with a neighborhood group regarding the Valero gas station property on Hawthorne Boulevard and a separate meeting with Mayor Clark and staff regarding the Crestridge affordable housing project on February 19, 2009; a meeting with facilitator Jim Oswall and Associate Planner Fox regarding the Ponte Vista Project on February 25, 2009; a meeting with Mayor Clark and homeowner representatives regarding the Crestridge affordable housing project on February 28, 2009; a presentation at Torrance Memorial Medical Center regarding plans for expansion of the medical center on March 5, 2009; the Palos Verdes Peninsula Seniors Annual Luncheon on March 8, 2009 with Councilman Long; the Los Verdes Golf Course 15th Annual Police Department Memorial Foundation Golf Tournament on March 16, 2009; the California Contract Cities Association Board meeting on March 18, 2009, where he was selected as a Director-At-Large; the Palos Verdes Peninsula Transit Authority Audit Committee Meeting on March 19, 2009; a meeting with the Palos Verdes Peninsula School District on March 19, 2009; the Palos Verdes Peninsula Chamber of Commerce luncheon meeting with legislators on March 20, 2009; Career Day at St. John Fisher School on March 31, 2009; and, a meeting with Steve Kuykendall and Mr. and Mrs. Masoud Sharifi regarding the Valero gas station property on April 2, 2009. City Council Minutes April 7, 2009 Page 11 of 12 Councilman Long reported on a lawsuit against the City with respect to the St. John Fisher Church project and expressed concern that a staff attorney with the Los Angeles Unified School District, Mr. Jay Golida, was an attorney involved in the lawsuit. Mayor Clark reported on his participation in the following events: the South Bay Council of Governments Annual General Assembly meeting on February 27, 2009; a meeting with Annenberg leadership and City Manager Lehr, regarding progress on the entitlements for the proposed Annenberg Center at Lower Point Vicente Park on March 23, 2009; a tour of the Terranea Resort at Long Point with the City Manager and Planning staff on March 25, 2009; and, Assembly Member Bonnie Lowenthal's recognition reception on March 27, 2009, for Barbara Dye, who was selected as Woman of the Year for the 54th State Assembly District. COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS: None. CLOSED SESSION REPORT: City Attorney Lynch reported on the following items: 1) Regarding the potential purchase of open space, an update was provided and no action was taken; 2) Regarding the VH Property case, an update was provided and no action was taken; 3) Regarding the filing of a new lawsuit by the Rancho Palos Verdes Neighbors for Community Compatibility, no action was taken and the Council requested additional information be provided; and, 4) Regarding the Potential Litigation against the County of Los Angeles, the Council unanimously authorized the City to enter a 90-day Tolling Agreement, with Councilman Stern and Councilman Gardiner absent. ADJOURNMENT: At 10:21 P.M., Mayor Clark adjourned the meeting: �r• f Mayor Attest: 2JAZA-C1/44A,41C, City Clerk W:\City Council Minutes\2009\20090407 CC MINS.doc City Council Minutes April 7, 2009 Page 12 of 12