CC MINS 20080205 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
FEBRUARY 5, 2008
The meeting was called to order at 6:00 P.M. by Mayor Stern at Fred Hesse Community
Park, 29301 Hawthorne Boulevard and was immediately recessed into Closed Session.
The meeting reconvened at 7:14 P.M.
City Council roll call was answered as follows:
PRESENT: Clark, Long, Wolowicz and Mayor Stern
ABSENT: Gardiner (excused)
Councilman Long objected to Councilman Gardiner's absence being characterized as
an excused absence as he felt that pressing business was an insufficient excuse.
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, Senior Planner John Alvarez, Senior Engineer Ron Dragoo, Senior
Administrative Analyst Lauren Ramezani, and City Clerk Carla Morreale.
FLAG SALUTE:
The Flag Salute was led by Mayor Pro Tern Clark.
CEREMONIAL:
Whale of a Day Poster Contest Winners
Mayor Stern announced the 24th Annual Whale of a Day event at Point Vicente
Interpretive Center on Saturday, March 1, 2008. He thanked the 48 students who
participated in the poster contest, announced the name of the winner, Marisa Hartzell
from Miraleste Intermediate School, and introduced the finalists.
MAYOR'S ANNOUNCEMENTS:
City Clerk Morreale reported that she distributed late correspondence on this item prior
to the meeting.
Mayor Stern encouraged residents to vote in the California Presidential Primary Election
being held today if they have not already voted, and reminded Council Members that
the time clock would be running when they speak in order to expedite the City Council
meeting.
RECYCLE DRAWING:
Mayor Stern announced Recyclers of the Month from the January 16, 2008 City Council
meeting, Larry Paris and Charlene Morimoto. 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 Long moved, seconded by Mayor Pro Tem Clark, to approve the Agenda.
Without objection, Mayor Stern so ordered.
PUBLIC COMMENTS:
Ken Dyda, Rancho Palos Verdes, announced that Peninsula Seniors Production
volunteers, Betty and Jarel Wheaton, were the recipients of three awards for their TV
programs. He also suggested the use of the City's recycling funds to benefit all of the
residents by painting address numbers on the curbs.
Frank Lyon,, Rancho Palos Verdes, reported on the impact of Committees and
Commissions on the City staff's workload and offered his observations and suggestions
regarding how to solve the problem.
CITY MANAGER REPORT:
City Manager Lehr reported that the extensive Public Records Act (PRA) request of
October 24, 2007 had been covered in the Daily Breeze. She gave an update on the
City's efforts to respond to the request and refuted certain statements published in the
Daily Breeze attributed to the attorney behind the request.
Council and staff discussion on the issue included the following: City Council's approval
of the purchase of Blackberry or Personal Digital Assistant (PDA) devices as
appropriate in today's environment; the scaling back of most of the PRA request from
1996 forward to 2004 forward; the size of the request including 100,000 pages of
documents; and, a potential need to upgrade software to handle any future requests of
this size.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
Councilman Long moved, seconded by Mayor Pro Tem Clark, to approve the Consent
Calendar with Item 5 and 8 removed for separate consideration; Item 5 to be placed
after the Public Hearing and Item 8 to be placed after Regular Business.
City Council Minutes
February 5, 2008
Page 2 of 10
The motion carried on the following roll call vote:
AYES: Clark, Long, Wolowicz and Mayor Stern
NOES: None
ABSENT: Gardiner
EMERGENCY STORM DRAIN PROJECT:
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 November 10, 2007 Adjourned Regular Meeting, the
January 14, 2008 Special Meeting, and the January 15, 2008 Adjourned Regular
Meeting.
Border Issues Status Report (310)
Reviewed the current status of border issues.
Letter Regarding Proposed Jet Fuel Sales at Torrance Airport (310)
This item was removed from the Consent Calendar for separate consideration.
Tactical Planning Workshop (307)
Confirmed the date for the Tactical Planning Workshop tentatively scheduled for
Saturday, March 29, 2008.
November 2007 Treasurer's Report (602)
City Council Minutes
February 5, 2008
Page 3 of 10
Received and filed the November 2007 Treasurer's Report for the City of Rancho Palos
Verdes.
December 2007 Treasurer's Report (602)
This item was removed from the Consent Calendar for separate consideration.
Register of Demands
ADOPTED RESOLUTION NO. 2008-11, 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.
# # # # # #
PUBLIC HEARINGS:
Appeal of View Restoration Permit No. 2007-00019 [Applicant/Appellant: Dr. and
Mrs. Ralph Allman, 5335 Rolling Ridge Road; Foliage Owner/Appellant: Mr. and
Mrs. Doug Trowbridge, 5333 Rolling Ridge Road] (1806)
Councilman Long recused himself from the discussion of this item as one of the
appellants had donated to his recent campaign.
City Clerk Morreale reported that notice of the public hearing was duly published and
written protests were included as part of late correspondence distributed prior to the
meeting.
Mayor Stern declared the public hearing open.
Staff provided a brief summary staff report.
Council and staff discussion included the following topics: the dispute over the date of
the creation of the lot; the dispute over the grandfathering of two of the trees in
question; and the fact that the City does not enforce private agreements.
Patsie Trowbridge, Rancho Palos Verdes, spoke in opposition to the topping and radical
cutting of the pine trees on her property, which has been deplored by all knowledgeable
arborists. She asserted that they have maintained a routine trimming schedule of their
trees for 39 years, guided by registered arborists. She stated that the destruction of
their trees and yard would drastically reduce the value of their property and questioned
the rights of a new neighbor to buy property and demand that those who have lived in
the neighborhood for many years should change their environment.
Douglas Trowbridge, Rancho Palos Verdes, referred to the issue as a legal one, which
seemed to favor the View Restoration Commission's findings based on a previous
lawsuit. He objected to the ordinance as retroactive legislation unfair to him because it
City Council Minutes
February 5, 2008
Page 4 of 10
deprived him of legitimate expectations and upset a settled transaction, which was a
pre-existing covenant running with the land. He stated that he objected to Section 10 of
the resolution as going against the City's General Plan position which calls for focused
groups of mature trees. He read from a newspaper article that stated the ordinance
was possibly bending their constitutional property rights and asserted that the trees on
his property should all be exempt as they were all view impairing at the time their house
was built in 1973 through 1975.
Council and staffs discussion with the speaker included the following topics: Council
refuting the assertion that they "rubber stamp" View Restoration Commission findings,
or any other issues; a review of the evidence that the trees were all view impairing
before the creation of the lot; and resident support in 1989 of Proposition M and the
governance power it provided the City regarding rights to views and foliage.
Ralph Allman, Rancho Palos Verdes, stated that as a long-time resident of Rancho
Palos Verdes he has trimmed the trees on his property numerous times so that they
would not cause view impairment for his neighbors. He reviewed the history of the trees
in the area with the aid of aerial photos and asked that Tree Nos. 1 and 2 be included in
the order to trim.
Leo Poxon, Rancho Palos Verdes, stated that he bought his property next door to the
Trowbridge property 48 years ago, and there were no trees impairing the view at that
time. He recounted a story where the owner prior to the Trowbridges borrowed a shovel
to plant some trees. When asked by the Council if the view had been impaired in 1965,
he replied that he could not recall.
Lewis Soloff, licensed land surveyor, Redondo Beach, stated that he was hired by Dr.
Allman in April 2007 to do a general boundary and topographic survey of his property;
and in October 2007 he was hired to give a more specific survey finding on the height
difference between the base of Tree Nos. 1 and 2 and the main floor level of his living
room. He stated that he was present to explain his role as a surveyor, since the
evidence presented was based on his findings.
Laura Schenase and Debbie Allman, asserted that their father, Dr. Allman, had
purchased his property because of the Rancho Palos Verdes View Restoration
ordinance. They presented a video of the trees with commentary asking for the
trimming and/or removal of all of the trees in question.
Peggi Collins, attorney representing Ralph Allman, Rancho Palos Verdes, spoke in
support of a 1948 lot creation date of the split lot and asserted that the trees planted in
1959 could not have grown to be view impairing trees in six years.
Council and staff discussion with the speaker included the following topics: the
possibility of Tree Nos. 1 and 2 to be view impairing in 1965, if they were planted in
1959; and the definition of lot division and its effect on the City Attorney's finding
regarding the date of the lot creation.
City Council Minutes
February 5, 2008
Page 5 of 10
Further Council and staff discussion included: a review of the viewing area illustrated on
the PowerPoint slides; individual tree assessments as significant impairments; and
questions regarding the removal of trees behind Tree Nos. 1 and 2.
RECESS AND RECONVENE:
Mayor Stern called a brief recess from 9:08 P.M. to 9:15 P.M.
Mayor Pro Tem Clark reported that he was the original Chair of the View Restoration
Committee in 1990-92 when the View Restoration Ordinance was challenged in court
and also one of the authors of Proposition M. He stated that this was one of the most
interesting cases he had seen, but that he was confused as to the foliage issues related
to this case. He requested more information from staff and suggested that further
review might be necessary as he did not feel comfortable trying to make a decision at
this point.
Council and staff discussion included the following topics: testimony that trees were
planted in 1959 and were not impairing the view in 1965; implications with respect to the
trees behind Tree Nos. 1 and 2 if they are found not to have been view impairing in
1965; staff's request to consult with the City Arborist on the testimony; and, a 1961
aerial photo that reportedly conflicts with the testimony on the tree planting date.
Mayor Pro Tem Clark moved, seconded by Councilman Wolowicz, to continue the item
to the March 4, 2008 City Council meeting to allow staff time for further investigation.
Without objection, Mayor Stern so ordered.
Mayor Stern directed that staff provide a DVD of the meeting to Councilman Gardiner so
that he could participate when the item is heard on March 4, 2008.
RECESS AND RECONVENE:
Mayor Stern called a brief recess from 9:26 P.M. to 9:30 P.M.
Mayor Pro Tem Clark left the meeting at 9:26 P.M.
Councilman Long returned to the dais at 9:30 P.M.
Letter Regarding Proposed Jet Fuel Sales at Torrance Airport
Councilman Long moved, seconded by Mayor Stern, to waive the staff report.
Ken Dyda, Rancho Palos Verdes, spoke in support of allowing jet fuel sales at Torrance
Airport by addressing noise, traffic and safety issues raised by the City of Lomita.
City Council Minutes
February 5, 2008
Page 6 of 10
Beverly Ackerson, Rancho Palos Verdes, spoke in opposition to jet fuel sales at
Torrance Airport citing increased plane traffic and safety issues.
Council discussion concluded that there was not enough information to warrant a letter
regarding this matter be sent to the City of Torrance.
Councilman Wolowicz moved, seconded by Councilman Long, to table the item.
Without objection, Mayor Stern so ordered.
PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:
REGULAR NEW BUSINESS:
Traffic Safety Milestone Adjustments (1502)
Councilman Long moved to waive the staff report.
Without objection, Mayor Stern so ordered.
Council and staff discussion included the following topics: the efforts of the Traffic
Commission to complete Milestone No. 2 regarding traffic calming and parking control in
residential neighborhoods; clarification on the prioritization of projects and progress of
traffic safety efforts to date; and elements of the work plan to be presented as part of
the budget policy workshop.
Councilman Long moved, seconded by Councilman Wolowicz, to approve the extension
of the completion date of traffic safety Milestone Nos. 1 and 4 by approximately eight
months from the date established during the City Council's workshop on March 24,
2007. The new completion date will be by the end of August 2008.
Without objection, Mayor Stern so ordered.
Mayor Stern moved to reconsider and kill Item 5, which was the Letter Regarding
proposed Jet Fuel Sales at Torrance Airport. Councilman Wolowicz seconded the
motion.
Without objection, Mayor Stern so ordered.
Recap of Waste Management's Strike Impacts and Issues (1301)
Senior Administrative Analyst Lauren Ramezani provided a summary staff report.
Council and staff discussion included the following topics: contract provisions for
liquidated damages; staff's efforts to calculate damages; the need for procedures to be
established for future Councils in the event of another waste hauler strike; lack of
City Council Minutes
February 5, 2008
Page 7 of 10
advance notice of the strike by Waste Management; and, suggestions on how to handle
certain aspects of a similar situation in the future.
Susan Moulton, Waste Management representative, explained that Waste Management
staff attempted to communicate as much as possible and remain accessible 24 hours a
day during the strike. She admitted that there were communication errors made by
Waste Management; they learned a great deal from the experience; have incorporated
some of the lessons learned into their best practices; and, were willing to work with the
City regarding damages.
Councilmember Long moved, and seconded by Councilman Wolowicz, to 1) Approve
Waste Management's reimbursement to the City, in the amount of$3,875, for the City's
estimated reduced California Refund Value (CRV) revenue during the 12 day strike;
2) Approve the additional diversion of 260 tons of trash to SERRF to compensate the
City for its estimated reduced greenwaste diversion; and, 3) Approve a total credit of
$5.00 per customer/per missed collection for the approximately 400 customers who
missed collections during the Waste Management strike, with Waste Management to
recheck their records regarding additional residential areas that may have had missed
collection service. These customers already received a credit of$0.88 in December. A
credit of$4.12 is to be issued on their next billing statement.
The motion carried on the following roll call vote:
AYES: Long, Wolowicz, and Mayor Stern
NOES: None
ABSENT: Clark, Gardiner
Extension of Traffic Management Services Contract (1204 x 1502)
Councilman Long moved, seconded by Councilman Wolowicz, to waive the staff report
and approve the staff recommendation to: 1) Approve the First Amendment to
Professional Services Agreement between Priority Engineering, Inc. (PEI) and the City,
dated June 19, 2007, to increase the current contract fee of$46,900 by $11,800
through March 1, 2008 with an option for renewal of the contract on a monthly basis for
additional fee of$11,800 each month (limited to 6 additional consecutive months— a
total additional maximum increase of$70,800) in order to allow for the continuing
provision of necessary traffic services on a temporary and flexible basis; 2) Authorize a
maximum total expenditure of$82,600, to cover the cost of this amendment and 6
additional amendments, from the Traffic Management Fund; 3) Authorize the Mayor and
City Clerk to execute the First Amendment to Professional Services Agreement
between PEI and the City as stated above; and, 4) Authorize the City Manager to renew
the agreement as needed, on a monthly basis as stated above.
The motion carried on the following roll call vote:
AYES: Long, Wolowicz, and Mayor Stern
City Council Minutes
February 5, 2008
Page 8 of 10
NOES: None
ABSENT: Clark, Gardiner
December 2007 Treasurer's Report
Councilman Wolowicz reported that he removed this item from the Consent Calendar so
that he could draw the public's attention to the Ginsberg Cultural Arts Fund, which was
made possible by a $500,000 donation by Dr. Allen and Mrs. Charlotte Ginsberg.
Mayor Stern and Councilman Long joined in thanking the Ginsbergs for their donation
which has been earmarked to help in the new Civic Center site.
Councilman Wolowicz moved, seconded by Councilman Long, to receive and file the
December 2007 Treasurer's Report for the City of Rancho Palos Verdes.
Without objection, Mayor Stern so ordered.
CITY COUNCIL ORAL REPORTS:
Councilman Wolowicz reported that on February 2, 2008, he took a hike on the
Forrestal Trails to view the improvements made by the Palos Verdes Peninsula Land
Conservancy and volunteers.
Councilman Long reported that he attended the Mayor's Breakfast where one of the
topics discussed was the appropriate roles of committees and commissions.
Mayor Stern stated that the Council would be addressing the topic of committees and
commissions in the near future.
COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS:
Councilman Wolowicz voiced concern with the Storm Drain User Fee Policy Issues item
being moved from February to March 2008.
CLOSED SESSION REPORT:
City Attorney Lynch reported that with respect to the City Manager's Performance
Evaluation, the Council discussed the evaluation and unanimously requested City
Attorney Lynch to return with additional information, with Councilman Gardiner absent.
She reported that regarding the potential litigation concerning facts and circumstances
of which are not yet known to potential plaintiff or plaintiffs, no action was taken; and,
with respect to the item that concerned a reference to possible litigation against the
City, no action was taken, but unanimous direction was given for Mayor Stern and City
Attorney Lynch to meet regarding the matter and City Attorney Lynch was directed to
send a letter to attempt to obtain additional information about the matter, with
Councilman Gardiner absent.
City Council Minutes
February 5, 2008
Page 9 of 10
ADJOURNMENT:
Mayor Stern adjourned the meeting at 10:41 P.M. to Tuesday, February 19, 2008 at
6:15 P.M. at Fred Hesse Community Park.
11010
Mayor
Attest:
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City Clerk
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City Council Minutes
February 5, 2008
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