CC MINS 20080116 ADJ MINUTES
RANCHO PALOS VERDES CITY COUNCIL
ADJOURNED REGULAR MEETING
JANUARY 16, 2008
The meeting was called to order at 6:15 P.M. by Mayor Stern to conduct interviews of
applicants for the Planning Commission in the Fireside Room at Fred Hesse Community
Park, 29301 Hawthorne Boulevard, notice having been given with affidavit thereto on
file. The meeting was reconvened in Council Chambers at 7:07 P.M.
City Council roll call was answered as follows:
PRESENT: Gardiner, Long, Wolowicz and Mayor Stern
ABSENT: Mayor Pro Tem Clark (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, Director of Recreation and Parks Rosenfeld, Deputy Planning Director
Greg Pfost, Associate Planner Kit Fox, Building Official Paul Christman, and City Clerk
Carla Morreale.
FLAG SALUTE:
The Flag Salute was led by Finance Director McLean.
CEREMONIAL:
The commendation of resident Susan Kurata was postponed as she was unavailable to
attend the meeting.
MAYOR'S ANNOUNCEMENTS:
Mayor Stern reported on a recent visit with California Secretary of State Debra Bowen
and encouraged residents to register to vote. He noted there was a need for additional
poll workers on Election Day.
RECYCLE DRAWING:
Mayor Stern announced Recyclers of the Month from the December 18, 2007 City
Council meeting, Valerie Light and Stanley Anderson. 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.
PUBLIC COMMENTS:
Ken Dyda, Rancho Palos Verdes, congratulated staff and those working on RPV TV
Channel 33. He commended RPV TV Channel 33 on recent positive programming
changes.
CITY MANAGER REPORT:
City Manager Lehr provided a brief update on the Organization-Wide Management
Assessment.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that she had distributed late correspondence on Items 4b,
10, and 11 prior to the meeting and that she had received requests to speak on Items 6
and 10.
Mayor Stern noted that Items 6 and 10 would be removed from the Consent Calendar
and heard directly after the Consent Calendar.
Councilman Gardiner requested to vote separately on Item 11.
Councilman Long requested that Item 11 be removed from the Consent Calendar for
discussion.
Councilman Wolowicz moved, seconded by Councilman Long, to approve the Consent
Calendar with Items 6, 10 and 11 removed for separate consideration.
The motion carried on the following roll call vote:
AYES: Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
ABSTAIN: None
ABSENT: Clark
EMERGENCY STORM DRAIN PROJECT:
City Council Minutes
January 16, 2008
Page 2 of 12
Mossbank Storm Drain Rehabilitation (1204 x 604)
Reviewed and reconfirmed by a four/fifths (4/5) vote, the Council's previous action on
August 21, 2007, authorizing staff to proceed with emergency repairs to the Mossbank
Drive Storm Drain.
OTHER CONSENT CALENDAR ITEMS:
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 September 4, 2007, September 18, 2007 and October 2,
2007 Regular Meetings.
Acceptance of Grant Deed of Easement for the Terranea Traffic Signal from the
Salvation Army (450 x 1804)
1) Accepted the Grant Deed of Easement (Salvation Army); 2) ADOPTED
RESOLUTION NO. 2008-01, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, AUTHORIZING ACCEPTANCE OF THE EASEMENT;
and, 3) Directed the City Clerk to record the fully executed Grant Deed of Easement
with the Los Angeles County Recorder's Office.
Terranea Resort and Spa Project: Recordation of Final Parcel Map No. 26073
(1804 x 1410)
Directed Staff to execute and file a Subdivision Improvement Agreement and authorized
Staff to proceed with the recordation of Final Map No. 26073 with the Los Angeles
County Recorder's Office.
Acquisition of Vehicle for the Public Works Department (302)
Authorized the Director of Public Works to execute a purchase contract for a new
vehicle in the amount of$25,149.
Border Issues Status Report (310)
This item was removed from the Consent Calendar for separate consideration.
Claim Against the City by Christine Cheatham (303)
City Council Minutes
January 16, 2008
Page 3 of 12
Rejected the claim and directed staff to notify the claimant.
Household Hazardous Waste/Electronics Waste Round-Up Siting Liability
Agreement with Los Angeles County (1301)
Authorized the Mayor and City Clerk to execute the attached Household Hazardous
Waste and Electronic Waste Collection Siting Liability Agreement with the County of Los
Angeles and County Sanitation District No. 2 of Los Angeles County.
Appeal of Planning Case No. ZON2007-00143 Site Plan Review with Neighborhood
Compatibility/30057 Via Victoria (Lot 12 of Tract No. 52666) (1801)
ADOPTED RESOLUTION NO. 2008-02, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, UPHOLDING THE APPEAL TO
OVERTURN PLANNING COMMISSION'S DENIAL WITHOUT PREJUDICE, AND
APPROVING THE CONSTRUCTION OF A NEW 5,998 SQUARE FOOT SINGLE-
FAMILY RESIDENCE ON AN UNIMPROVED LOT AT 30057 VIA VICTORIA AS
APPROVED BY THE DIRECTOR OF PLANNING, BUILDING AND CODE
ENFORCEMENT ON SEPTEMBER 7, 2007.
Letter Agreement with Joe and Mahshid Nassiri to Pay for Escrow and Complete
Reconveyance of Real Property Interests Necessary to Finish Coolheights Drive
Cul-De-Sac (1203)
This item was removed from the Consent Calendar for separate consideration.
Register of Demands
This item was removed from the Consent Calendar for separate consideration.
# # # # # #
ITEMS REMOVED FROM THE CONSENT CALENDAR:
Border Issues Status Report
Mayor Stern requested that speakers have the opportunity to speak prior to staff input
and Council discussion on the matter.
Mark Wells, Rancho Palos Verdes, voiced concerns with the current development plans
for the Ponte Vista project and asked that the City Council write a letter regarding the
request for a new Environmental Impact Report (EIR)for the project.
Council and staff discussion included the following topics: a report that a request for a
new EIR had been made by the Northwest San Pedro Neighborhood Council; flaws with
City Council Minutes
January 16, 2008
Page 4 of 12
the draft El R, specifically with the traffic analysis; and, a suggestion that staff draft a
letter asking the City of Los Angeles to re-circulate the document for comment.
Councilman Long moved, seconded by Councilman Wolowicz, to 1) Review the current
status of border issues; and, 2) Direct staff to draft a letter for Council review at the next
meeting outlining Council's concerns regarding the Ponte Vista EIR.
The motion passed with the following roll call vote:
AYES: Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
ABSTAIN: None
ABSENT: Clark
Further Council discussion focused on the Mediterranean Village Mixed-Use project in
Rolling Hills Estates with a public comment period ending January 25, 2008 and a
Rolling Hills Estates Planning Commission Public Hearing scheduled for February 4,
2008.
Letter Agreement with Joe and Mahshid Nassiri to Pay for Escrow and Complete
Reconveyance of Real Property Interests Necessary to Finish Coolheights Drive
Cul-De-Sac
Mayor Stern requested that speakers have the opportunity to speak prior to staff input
and Council discussion on the matter.
Joseph Gallo, counsel for the Nassiris, outlined reasons to issue a Certificate of
Occupancy to the Nassiri family, asserting that the family had done everything the City
had required.
Council and staff discussion included the following topics: Council's acknowledgement
that the Nassiris had been cooperative; an agreement that the Nassiris would be willing
to deposit funds for the completion of the cul-de-sac into a trust account with the City if
they were granted a Certificate of Occupancy; the nature of the delays related to the
project; whether the project could go forward without the support of the immediate
neighbors; an estimate on how long the paving of the cul-de-sac would take; how long it
would take to get the neighbors' approvals of the easement documents; and, reasons
behind the staff recommendation to withhold the Certificate of Occupancy until the cul-
de-sac was paved.
Joe Nassiri, Rancho Palos Verdes, stated there have been many difficulties during the
construction of his home and completion of the entire project over the past nine years
and indicated his willingness to place a bond for the construction of a hammerhead
design or the standard cul-de-sac once the actual monetary amounts were known.
City Council Minutes
January 16, 2008
Page 5 of 12
Joan Ortellano, Rancho Palos Verdes, reported that she was one of the three parties
signing grant deeds to the City for the construction of the cul-de-sac in 2002. She
encouraged the Council to approve the Letter Agreement between the City and the
Nassiris as recommended. She inquired who in Public Works was responsible for the
completion of the cul-de-sac project and asserted that the City should withhold the
Certificate of Occupancy until the cul-de-sac was paved.
Council and staff discussion included the following topics: speculation that the
neighbors would not sign the easement documents in a timely manner; the reason for
the neighbors' request for time limits on the original grant deeds; the Letter Agreement;
the necessity of all parties to grant deeds for the completion of the cul-de-sac; project
difficulties that have stalled the process; and, a suggestion that using eminent domain
may be a preferable way to resolve the issue.
Ralph Ortellano, Sr., Rancho Palos Verdes, reported that the construction of the cul-de-
sac has been essentially complete for almost a year with the exception of putting on the
black top paving and the lowering of several utility boxes.
Councilman Long moved, seconded by Councilman Gardiner, to instruct the City
Attorney to arrange for an appropriate amount of bond sufficient to satisfy all escrow
and construction costs to complete the present design of the standard cul-de-sac or the
hammerhead design; to instruct the City Attorney to establish conditions prior to the
issuance of the Certificate of Occupancy that the City has sufficient documentation from
the Nassiris to permit the construction of the cul-de-sac; and, to instruct that the Letter
Agreement, with any necessary modifications as proposed by staff, be entered into.
Further Council and staff discussion focused on a suggestion that the City Attorney take
all actions necessary to ensure the construction of the cul-de-sac, and if the neighbors
were not cooperative the process for eminent domain should begin to attain the land.
Mayor Stern proposed an amendment to the motion putting a deadline of 60 days on
the completion of the process.
Councilmen Long and Gardiner agreed to the amendment as originator and seconder of
the motion.
Councilman Long moved, seconded by Councilman Gardiner, to 1)Approve the
attached Letter Agreement between Joe and Mahshid Nassiri (the "Property Owners")
and the City to facilitate the conveyance of various property interests needed in order to
complete the Coolheights Drive cul-de sac; 2) Authorize the Mayor and City Clerk to
execute the attached Letter Agreement; 3) Direct the City Attorney to arrange with staff
the appropriate bonds for all escrow and construction costs to complete the cul-de-sac,
including a bond for the construction of a hammerhead design cul-de-sac if necessary,
prior to the issuance of the Certificate of Occupancy; and, 4) Direct the City Attorney to
report back to Council with a status report within 60 days.
City Council Minutes
January 16, 2008
Page 6 of 12
The motion carried with the following roll call vote:
AYES: Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
ABSTAIN: None
ABSENT: Clark
RECESS AND RECONVENE:
Mayor Stern called a recess from 8:19 P.M. to 8:27 P.M.
PUBLIC HEARINGS:
Adoption of Revised State Building Codes and the Los Angeles County Fire Code
(603 x 201)
City Clerk Morreale reported that notice of the public hearing was duly published, no
written protests were received, late correspondence was distributed prior to the
meeting, and there were no requests to speak on the item.
Mayor Stern declared the public hearing open.
Responding to Mayor Stern, City Attorney Lynch clarified that the Council would be able
to make additional amendments as necessary to the Building Codes in the future, even
after passing the ordinance adopting the Revised State Building Codes and the Los
Angeles County Fire Code. She added that the ordinance preserved local amendments
previously in the Code.
Mayor Stern moved, seconded by Councilman Long, to 1) ADOPT ORDINANCE NO.
468, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, ADOPTING BY
REFERENCE THE 2007 EDITION OF THE CALIFORNIA BUILDING, PLUMBING,
ELECTRICAL AND MECHANICAL CODES, WHICH ARE CODIFIED IN TITLE 24 OF
THE CALIFORNIA CODE OF REGULATIONS, THE LOS ANGELES COUNTY FIRE
CODE, WHICH IS TITLE 32 OF THE LOS ANGELES COUNTY CODE, AND THE
INTERNATIONAL PROPERTY MAINTENANCE CODE, 2006 EDITION, WITH
APPENDICES AND AMENDMENTS THERETO; AND AMENDING THE RANCHO
PALOS VERDES MUNICIPAL CODE.
A roll call vote reflected the following:
AYES: Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
ABSTAIN: None
ABSENT: Clark
City Council Minutes
January 16, 2008
Page 7 of 12
Council and staff discussion focused on the following issues: a lack of drainage
requirements for hardscapes; the financial impact of Code revisions; a suggestion that
the Planning Commission look at the matter and make a recommendation; an assertion
that the drainage issue would not fall under the prevue of the Planning Commission;
and, the circumstances and outcome related to a previous drainage lawsuit in the City.
Mayor Stern declared the public hearing closed.
Councilman Wolowicz moved, seconded by Councilman Long, to direct staff to
agendize for Council discussion the issue of drainage modifications and improvements
on developed lots.
A roll call vote reflected the following:
AYES: Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
ABSTAIN: None
ABSENT: Clark
Revision "LL" to the Trump National Golf Course Project— Extension to the
Opening of the Driving Range (1411)
City Clerk Morreale reported that notice of the public hearing was duly published, written
protests were included in the staff report, late correspondence was distributed prior to
the meeting, and there were two requests to speak on the item.
Mayor Stern declared the public hearing open.
Deputy Planning Director Pfost provided a brief staff report.
Vincent Stellio, Executive Vice President of Development, Trump National Golf Club,
requested an extension to the operation of the driving range.
David Conforti, General Manager, Trump National Golf Course, introduced himself as
the new General Manager for the project.
Council and staff discussion included the following topics: an update on landscaping
plans from Trump National's representative; a report that all of the ficus hedges have
been removed; and, an update on the geology study.
Mayor Stern declared the public hearing closed.
Councilman Wolowicz moved, seconded by Councilman Gardiner, to 1) ADOPT
RESOLUTION NO. 2008-03, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, APPROVING ADDENDUM NO. 32 TO
ENVIRONMENTAL IMPACT REPORT NO. 36; AND 2) ADOPT RESOLUTION NO.
City Council Minutes
January 16, 2008
Page 8 of 12
2008-04, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, AMENDING GRADING PERMIT NO. 1541 TO ALLOW AN
EXTENSION TO THE OPERATION OF THE DRIVING RANGE TO JULY 18, 2008.
The motion carried on the following roll call vote:
AYES: Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
ABSTAIN: None
ABSENT: Clark
PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:
REGULAR NEW BUSINESS:
Appointments to the Planning Commission (106)
City Clerk Morreale reported that Council held interviews of applicants for the Planning
Commission earlier in the evening and distributed ballots for the Council to make their
selections.
The City Council appointed William Gerstner, Jim Knight, and David Tomblin to the
Planning Commission, each with a four-year term of office until January 16, 2012.
RPV Coast Vision Plan — Budget Appropriation (1201)
This item was removed from the agenda by staff to be placed on a future agenda.
Professional Services Agreement RPV TV Channel 33 Acting Station Manager
(305)
City Manager Lehr provided a brief staff report.
Council and staff discussion focused on clarification of work hours specified in the
agreement.
Mayor Stern moved, seconded by Councilman Long, to authorize the Mayor and City
Clerk to sign a Professional Services Agreement with Mark J. Doddy to serve as the
Station Manager on an interim basis.
The motion carried on the following roll call vote:
AYES: Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
ABSTAIN: None
ABSENT: Clark
City Council Minutes
January 16, 2008
Page 9 of 12
35th Anniversary Celebration (1201)
Director of Recreation and Parks Rosenfeld provided a summary staff report.
Council and staff discussion focused on the following topics: the size of the proposed
venue for the 35th anniversary celebration; whether the public should be included in the
event; concern with omissions from the list of invitees; and, other suggested venues for
celebration.
Mayor Stern moved, seconded by Councilman Long, to approve two celebrations; 1) a
celebration dinner with an entrance fee and priority invitee list that the public could
participate in once the priority invitees had responded; and 2) a free celebration at the
Palos Verdes Interpretive Center open to the public and financed by the General Fund.
The motion failed on the following roll call vote:
AYES: Long, Mayor Stern
NOES: Gardiner, Wolowicz
ABSENT: Clark
Mayor Stern moved, seconded by Councilman Wolowicz, to continue the item to the
next meeting.
The motion carried on the following roll call vote:
AYES: Gardiner, Wolowicz, and Mayor Stern
NOES: None
ABSTAIN: Long
ABSENT: Clark
Council Meeting Schedule (307)
Councilman Wolowicz moved, seconded by Councilman Gardiner, to hold the Tactical
Planning Workshop at Hesse Park on Saturday, March 22, 2008 at 9:00 A.M.
Without objection, Mayor Stern so ordered.
Mayor Stern moved, seconded by Councilman Long, to combine the Spring Community
Leaders' Breakfast meeting and the Budget Workshop at Hesse Park on Saturday, May
10, 2008 starting at 9:00 A.M.
Without objection, Mayor Stern so ordered.
Councilman Long moved, seconded by Councilman Wolowicz, to broadcast the
meetings on the local cable television network.
City Council Minutes
January 16, 2008
Page 10 of 12
Without objection, Mayor Stern so ordered.
Mayor's Appointment of City Council Members to Intergovernmental
Organizations and Associations (306)
Mayor Stern announced his appointments of City Council Members to
intergovernmental organizations and associations and dispensed with several of the Ad
Hoc Committees, Standing Committees, and Liaison Assignments.
Register of Demands
Council and staff discussion focused on the following issues: an October 2007 invoice
for network services provided by PV on the Net; the new Information Technology (IT)
staff member and his responsibilities; the types of services that are outsourced by the
City; the IT study and the need to have an objective assessment; and, assertions that
the IT position was being micro-managed.
Mayor Stern moved, seconded by Councilman Long, to ADOPT RESOLUTION NO.
2008-05, 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.
The motion carried on the following roll call vote:
AYES: Long, Wolowicz, and Mayor Stern
NOES: Gardiner
ABSENT: Clark
CITY COUNCIL ORAL REPORTS:
Councilman Wolowicz reported on attending a taping of RPV City Talk on storm drains
on January 4, 2008 and the Contract Cities Conference in Sacramento on January 14
and 15, 2008.
Councilman Gardiner stated he had nothing to report.
Councilman Long indicated that staff would adequately report the discussion points of
the City Council meetings of January 14 and 15, 2008 in Sacramento.
Mayor Stern concurred with Councilman Long's statement and noted he had nothing
additional to report.
COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS:
City Council Minutes
January 16, 2008.
Page 11 of 12
Councilman Wolowicz inquired if the storm drain policy issues item was scheduled to be
on the February 5, 2008 City Council meeting agenda.
RECESS INTO CLOSED SESSION:
City Attorney Lynch announced that Council was recessing into Closed Session to
discuss a threat of potential litigation regarding 40 Cherry Hill that was conveyed to the
City Manager and City Attorney in a meeting last week.
Mayor Stern recessed the meeting into Closed Session at 10:19 P.M.
RECONVENED TO OPEN SESSION:
Mayor Stern reconvened the meeting from Closed Session into Open Session at 11:11
P.M.
Councilman Gardiner left the meeting at 11:11 P.M. at the conclusion of the Closed
Session.
CLOSED SESSION REPORT:
City Attorney Lynch reported that the City Council unanimously authorized the approval
of an agreement to waive a conflict of interest with the law firm of Cox, Castle and
Nicholson, noting that Mayor Pro Tem Clark was absent. She reported that regarding
the potential litigation regarding 40 Cherry Hill, the City Council authorized the City
Attorney to attempt to negotiate a license agreement with the property owner and
proceed with an abatement warrant to demolish the existing structure, on a three to one
vote, with Mayor Stern dissenting.
ADJOURNMENT:
Mayor Stern adjourned the meeting at 11:12 P.M. to Tuesday, January 29, 2008 at 6:15
P.M. at Fred Hesse Community Park to interview applicants for the Finance Advisory
Committee in the Fireside Room at Hesse Park.
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May.
Attest:
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City Clerk
City Council Minutes
January 16, 2008
Page 12 of 12