CC MINS 20080304 ADJ MINUTES
RANCHO PALOS VERDES CITY COUNCIL
ADJOURNED REGULAR MEETING
MARCH 4, 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,
which was followed by an Open Session at 6:18 P.M. to conduct interviews of
applicants for Chair of the Planning Commission, Finance Advisory Committee, and
Emergency Preparedness Committee. The Council reconvened for Regular Session at
7:02 P.M.
City Council roll call was answered as follows:
PRESENT: Clark, Gardiner, Long, Wolowicz, and Mayor Stern
ABSENT: None
Also present were Carolynn Lehr, City Manager; Carol Lynch, City Attorney;
Carolynn Petru, Deputy City Manager; Joel Rojas, Director of Planning, Building and
Code Enforcement; Dennis McLean, Director of Finance and Information Technology;
Jim Bell, Director of Public Works; Greg Pfost, Deputy Planning Director; Ara Mihranian,
Principal Planner; John Alvarez, Senior Planner; Eduardo Schonborn, Senior Planner;
Kathryn Downs, Deputy Director of Finance and Information Technology; Gary Gyves,
Senior Administrative Analyst; Matt Waters, Senior Administrative Analyst; Ron Dragoo,
Senior Engineer; Robert Arthur, Senior Information Technician; and Carla Morreale, City
Clerk.
FLAG SALUTE:
The Flag Salute was led by Deputy City Manager Petru.
CEREMONIAL:
Mayor Stern presented a proclamation to Chief Judge Alex Kozinski of the Ninth Circuit
Court of Appeals.
MAYOR'S ANNOUNCEMENTS (310):
Mayor Stern announced that the Annenberg Foundation had awarded a grant to the
Palos Verdes Peninsula Land Conservancy for the completion of the Rancho Palos
Verdes Vision Plan. He presented the following documents regarding the Management
Partners, PV Net, and D.M. Rawlings discussed at the previous meeting: clarification
from Management Partners Incorporated regarding their August 17, 2007 email; a letter
to City Attorney Lynch from D.M. Rawlings regarding a request for records from Mr.
Rawlings; and, an email exchange between City Attorney Lynch and Mr. Rawlings.
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March 4, 2008
Page 1 of 15
In response to a question from Mayor Pro Tern Clark, City Attorney Lynch reported that
the request for records was of a great breadth and the City would need additional time
to respond to the request. She reported that she had received additional emails from
Mr. Rawlings requesting investigations and noted this issue would require Council
authorization to spend City resources on such a request due to the financial costs and
necessary staff time that it would involve.
RECYCLE DRAWING:
Mayor Stern announced Recyclers of the Month from the February 19, 2008 City
Council meeting: Ken Peters and Kurt Muller. He indicated that all winners received 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 Councilman Wolowicz, to approve the Agenda,
as amended, to move Item 19 to follow immediately after Item 13 under Regular
Business.
Without objection, Mayor Stern so ordered.
PUBLIC COMMENTS:
Chuck Hart, San Pedro Homeowners United, spoke regarding traffic calming issues in
the Strathmore neighborhood.
Public Works Director Bell indicated that staff was in the process of checking the history
regarding the traffic calming issues in the Strathmore neighborhood and Mayor Stern
asked that the item be brought back to the Council for direction.
Waleed Majdoub, Rancho Palos Verdes, asked the Council for help with traffic issues in
the Strathmore neighborhood noting that several new developments on Gaffey Street
and Western Avenue would cause increased traffic impacts in the area.
Ken Dyda, Rancho Palos Verdes, encouraged everyone to watch a televised lecture by
City Manager Lehr on the Peninsula Seniors website and on RPVTV Channel 33 the
following week.
CITY MANAGER REPORT:
None.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
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March 4, 2008
Page 2 of 15
Mayor Pro Tern Clark moved, seconded by Councilman Long, to approve the Consent
Calendar.
The motion carried on the following roll call vote:
AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
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.
Border Issues Status Report (310)
Reviewed the current status of border issues.
Claim Against the City by Marcelo Hernando (303)
Rejected the claim and directed staff to notify the claimant.
Accept Transfer of Proposition A (Measure A) Related Maintenance and
Servicing Funds from the City of Rolling Hills (602 x 1201)
ADOPTED RESOLUTION NO. 2008-13, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, ACCEPTING THE RE-ALLOCATION OF
MAINTENANCE AND SERVICING FUNDS GENERATED BY THE SAFE
NEIGHBORHOOD PARKS PROPOSITION OF 1992 AND 1996 FROM THE CITY OF
ROLLING HILLS TO THE CITY OF RANCHO PALOS VERDES.
Notice of Completion - Mossbank Storm Drain Rehabilitation (1204 x 604)
1) Authorized the final balancing change order in the amount of $38,000 to fund
overages on project repairs required during the emergency repair project; 2) ADOPTED
RESOLUTION NO. 2008-14, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 2007-70, THE
BUDGET APPROPRIATION FOR FISCAL YEAR 2007-08, FOR A BUDGET
ADJUSTMENT IN THE AMOUNT OF $38,000 TO THE CITY'S WATER QUALITY AND
FLOOD PROTECTION PROGRAM; 3) Authorized the expenditure of up to $38,000 for
the final balancing change order; 4) Accepted the work as complete; and, 5) Authorized
the City Clerk to file a Notice of Completion with the County Recorder.
Acceptance of Grant Deed of Easement—St. Peter's Church & Palos Verdes Bay
Club (450)
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March 4, 2008
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1) Approved the agreement between the City of Rancho Palos Verdes and St. Peter's
By the Sea Presbyterian Church; and, 2) ADOPTED RESOLUTION NO. 2008-15, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
ACCEPTING STORM DRAIN EASEMENTS FOR THE MC CARRELL CANYON
STORM DRAIN PROJECT INCLUDING EASEMENTS FROM PALOS VERDES BAY
CLUB, INC. AND ST. PETER'S BY THE SEA PRESBYTERIAN CHURCH.
January 2008 Treasurer's Report (602)
Received and filed the January 2008 Treasurer's Report for the City of Rancho Palos
Verdes.
Register of Demands
ADOPTED RESOLUTION NO. 2008-16, 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] [Continued from February 5,
2008] (1806)
City Clerk Morreale reported that the public hearing was continued from the February 5,
2008 City Council meeting and late correspondence was distributed prior to the meeting
regarding this item.
Councilmen Gardiner and Long recused themselves from the discussion of this item
and left the dais at 7:45 p.m.
Mayor Stern reviewed the major issues regarding this item that the Council had
discussed at the prior public hearing.
Planning Director Rojas provided a brief staff report and presentation of photos used to
establish the time frame for the planting of the trees, which led the City arborist to
determine that Tree Nos. 1 and 2 were view impairing in 1965.
Staff and Council discussion included methods used to determine the height needed to
impair the Allman's view and the rate of growth of the trees.
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March 4, 2008
Page 4 of 15
Ralph Allman, applicant/appellant, Rancho Palos Verdes, applicant, commented that he
was surprised that the City had asked the City arborist to comment on aerial
photographs since he was not an expert in that area; presented new photographic
evidence to support his opinions; and, suggested that he would be willing to
compromise by accepting the Planning Commission's decision on trimming 10 of the 12
trees, with crown raising on Tree Nos. 1 and 2.
Peggi Collins, applicant's attorney, discussed trees versus bushes on the 1961 aerial
photographs and refuted the City arborist's assertions.
Staff and Council discussed the date the trees were planted, the ability of the City
arborist to interpret the aerial photos, and the fact that his opinion was not solely based
on the aerial photos.
Douglas Trowbridge, foliage owner/appellant, Rancho Palos Verdes, asserted the
subject trees were a view impairment in 1965. He stated for the record that they: do
not appeal from the Planning Commission decision exempting Tree Nos. 1 and 2 from
trimming; do appeal from the Planning Commission decision regarding all the other
trees; claim the View Restoration Ordinance is unconstitutional in and of itself, and as it
is being applied to them as to the 4th, 5th, and 14th Amendments; contend the City has
adopted tree topping and trimming conditions that are inconsistent with generally
approved industry standards; claim the statue of limitations has run out; claim breach of
contract and trespass to real property; allege spot zoning, unfairness, creation of illegal
and non-conforming uses of property, and deprivation of civil rights; seek attorney fees;
contend the Planning Commission did not proceed in the manner required by law as
their decision was not supported by the findings and the findings not supported by the
evidence. He also referred to a lack of participation by the applicant, Mr. Allman, in
earlier attempts of a mediation process.
Mayor Stern suggested a staff member act as the mediator between the parties during
the recess.
RECESS AND RECONVENE:
Mayor Stern called a brief recess from 8:23 P.M. to 8:36 P.M.
Mayor Stern indicated that Item 9 would be heard later in the meeting as he wanted to
provide time for the parties to discuss the matter in an attempt to come to a
compromise.
Councilmen Gardiner and Long returned to the dais at 8:36 p.m.
Preliminary Review of the Proposed General Plan Housing Element Amendment
(701)
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March 4, 2008
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City Clerk Morreale reported that notice of the public hearing was duly published, no
written protests were received, and late correspondence was distributed prior to the
meeting regarding this item.
Mayor Stern declared the public hearing open.
Senior Planner Schonborn provided a brief staff report on the item.
Councilman Wolowicz questioned whether a conflict would be created with this
document with the Department of Housing and Community Development.
There were no requests to speak on this item.
Mayor Stern declared the public hearing closed.
Councilman Wolowicz moved, seconded by Councilman Long, to direct Staff to make
suggested revisions by Mayor Stern and modifications by City Attorney Lynch to the
Preliminary Draft Housing Element based upon City Council comments, and transmit
the document as a Draft Housing Element to the Department of Housing and
Community Development for their 60-day review period.
The motion carried on the following roll call vote:
AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
Terranea Resort and Spa Project ZON2008-00019 (Revision "G" to CUP No. 215,
et al) (1804)
City Clerk Morreale reported that notice of the public hearing was duly published, no
written protests were received, and late correspondence was distributed prior to the
meeting regarding this item.
Mayor Stern declared the public hearing open.
Principal Planner Mihranian provided a brief staff report and Power Point presentation
on the project.
Staff and Council discussed building profiles and elevation heights, the potential
impairment of the ocean view from trails by the increased height of the project, and
issues related to the approval of the fitness and spa building.
Todd Majcher, Terranea Resort, clarified that the public trails have easements attached
to them and all public trails are on the ocean side of the fitness and spa building.
Mayor Stern declared the public hearing closed.
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March 4, 2008
Page 6 of 15
Mayor Pro Tern Clark moved, seconded by Councilman Long, to ADOPT RESOLUTION
NO. 2008-17, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, APPROVING REVISION `G' TO CONDITIONAL USE PERMIT NO.
215, ET. AL., TO AMEND CONDITION NO. 51 TO CORRECT THE MAXIMUM ROOF
RIDGELINES FOR THE SPA AND FITNESS BUILDINGS AND THE HOTEL
BUILDING, AND MODIFY THE BUILDING HEIGHTS FOR THE LOWER POOL
FACILITY AND THE SPECIALTY RESTAURANT; AND TO AMEND CONDITION NO.
49 TO CORRECT THE MAXIMUM SQUARE FOOTAGE LIMITS FOR THE SPA AND
FITNESS BUILDINGS AND TO MODIFY THE MAXIMUM SQUARE FOOTAGE LIMIT
FOR THE GREETING KIOSK.
The motion carried on the following roll call vote:
AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
Extension to the Trump National Development Agreement (1411)
City Clerk Morreale reported that notice of the public hearing was duly published, no
written protests were received, 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 on the item.
Staff and Council discussed the compliance issues related to the Conditional Use
Permit for the project and noted this extension was not related to the geological issues
of the project.
David Conforti, General Manager, Trump National Golf Club, indicated that he was
available to answer questions.
Mayor Stern declared the public hearing closed.
Councilman Long moved, seconded by Mayor Pro Tern Clark, to approve the staff
recommendation.
Councilman Long clarified that by moving approval of the staff recommendation, he was
not indicating that Trump was in compliance, and Councilman Wolowicz echoed the
sentiment.
Mayor Pro Tern Clark noted he would check with Coastal Commission staff regarding
the flagpole issue and report back to Council.
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March 4, 2008
Page 7 of 15
Mayor Stern outlined his understanding of the flagpole issue and noted the Trump
Organization was following the appropriate procedures regarding that project with the
Coastal Commission.
Councilman Long moved, seconded by Mayor Pro Tem Clark, to 1) ADOPT
RESOLUTION NO. 2008-18, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, ADOPTING ADDENDUM 33 TO ENVIRONMENTAL
IMPACT REPORT NO. 36; 2) ADOPT URGENCY ORDINANCE NO. 470U, AN
ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, APPROVING
AMENDMENT NO. 4 TO THE TRUMP NATIONAL DEVELOPMENT AGREEMENT,
WHICH EXTENDS THE DEVELOPMENT AGREEMENT FROM MARCH 9, 2008
THROUGH JULY 8, 2008, AND DECLARING THE URGENCY THEREOF; 3) Authorize
the Mayor and the City Clerk to execute the documents on behalf of the City; and, 4)
Extend Vesting Tentative Tract Map No. 50666 consistent with the term of the
Development Agreement.
The motion carried on the following roll call vote:
AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:
REGULAR NEW BUSINESS:
City Advisory Board Chairs (106 x 602 x 401 x 1203)
City Clerk Morreale presented a brief summary report.
Mayor Pro Tem Clark moved, seconded by Councilman Wolowicz, to appoint Stephen
Perestam as Chair for the Planning Commission, William James as Chair for the
Finance Advisory Committee, and Melvin Hughes as Chair for the Emergency
Preparedness Committee.
The motion carried on the following roll call vote:
AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
Agreement to Conduct Independent Third-Party Review of Parking and Traffic
Studies in Connection with the Marymount College Expansion
Mayor Pro Tem Clark recused himself from discussion of the item due to the proximity
of his residence to the Marymount College project and left the Council Chambers at
9:16 p.m.
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March 4, 2008
Page 8 of 15
City Attorney Lynch provided a staff report.
Council and staff discussion included the following issues: the traffic analysis and
California Environmental Quality Act (CEQA) requirements; an email from Mr. Rydell
regarding the traffic and engineering studies of the draft Environmental Impact Report
(EIR) generated after the completion of that report; the importance of an accurate EIR;
issues with Mr. Rydell's critique of the analysis found in the draft EIR given his firm's
involvement in the development of the criteria used to prepare the analysis; and, difficult
traffic issues related to the project.
George Zugsmith, Rancho Palos Verdes, voiced opposition to the expenditure noting
that if there were significant impacts that could not be mitigated, then it would be a moot
point.
Lois Karp, Rancho Palos Verdes, voiced concern with the additional expenditure and
the amount of time the process had been taking.
Councilman Long moved, seconded by Mayor Stern, to approve the staff
recommendation.
Councilman Wolowicz requested the motion specify that the City would not pay for the
third party review.
Councilman Long restated his motion of the staff recommendation to include instruction
to reasonably pursue recovery of the costs from the parties responsible. Mayor Stern
agreed as the seconder of the motion.
The Council discussed the implications of a flawed EIR and City Attorney Lynch said the
EIR consultant would have to address the flaws and make recommendations but that
the City could turn to Marymount College for reimbursement if there were issues.
Councilman Long moved, seconded by Mayor Stern, to authorize the City to retain Fehr
and Peers to review the traffic studies performed in connection with the Marymount
College Expansion Project.
The motion carried on the following roll call vote:
AYES: Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
ABSENT: Clark
RECESS AND RECONVENE:
Mayor Stern called a recess from 10:16 P.M. to 10:19 P.M.
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March 4, 2008
Page 9 of 15
At 10:16 P.M., Mayor Pro Tern Clark returned to the meeting, and Councilman Gardiner
and Councilman Long recused themselves from the discussion of the next item.
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] [Continued from February 5,
2008] (continued from earlier in the meeting)
Planning Director Rojas reported that both parties had agreed in concept regarding
alternative actions and requested a continuance of the item to a future meeting.
Mayor Pro Tern Clark moved, seconded by Councilman Wolowicz, to continue the item
to the March 18, 2008 City Council meeting.
Without objection, Mayor Stern so ordered (absent Councilmen Long and Gardiner).
Councilman Long and Councilman Gardiner returned to the meeting at 10:19 P.M.
Mayor Pro Tern Clark moved, seconded by Councilman Long, to reorder the agenda
with Item Nos. 16, 18, and 15 to be heard in that order.
Without objection, Mayor Stern so ordered.
Memorial for LAPD SWAT Officer Randal Simmons (1201)
Mayor Pro Tern Clark suggested that the City investigate an appropriate naming
opportunity with an external vista as the location for a memorial to Officer Randal
Simmons. He proposed the pocket park with a bridge along Palos Verdes Drive South
to be named Randal Simmons Park and Bridge and noted that there should be a
ceremony to honor him with his family present.
Mayor Pro Tern Clark moved, seconded by Councilman Long, to name the pocket park
and bridge along Palos Verdes Drive South the Randal Simmons Park and Bridge with
a naming ceremony to include the family.
Mayor Stern made a substitute motion to continue the item to the March 18, 2008 City
Council meeting. Councilman Long seconded the substitute motion.
Without objection, Mayor Stern so ordered.
Revision to City Council Rules of Procedure and Repeal of City Council Policy
No. 5 (306)
Council and staff discussion on the item included the following issues: the origin of the
revision as a suggestion in the Management Partners Incorporated February 2008
report; questions regarding if an hour was too short of a time constraint; reasons for
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March 4, 2008
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bringing the item forward; types of inquires the revision sought to restrict; and,
discussion of other cities that have a one-hour rule.
Councilman Long moved the approval of the staff recommendation with an amendment
to modify section 13.1 so that the first paragraph reads: Time Consumption Limitation.
City staff including the City Attorney is authorized to spend approximately 6 hours per
month researching and responding to requests for information made by an individual
Councilmember or otherwise assisting that individual Councilmember for an average of
3 hours per meeting. The motion died for lack of a second.
Councilman Wolowicz stated that emotional legislation written in haste is bad
legislation. He noted that he would like to see this topic discussed in conjunction with
the other recommendations included in the Organizational Assessment report.
Councilman Long asserted that the revision to the policy was not considered in haste
and noted he considered the item urgent so that Council's decisions regarding the
expenditure of the City's limited resources are not diverted if any one Council Member
chooses to use the current rules to obliterate Council's decisions.
Further Council and staff discussion included the following issues: Management
Partners comments that this rule would apply to issues considered a new body of work,
and not to an pending agenda item; the suggestion to continue discussion of the item
until the Organizational Assessment Workshop to discuss the recommendations
included in the Organizational Assessment report; the use of discretion by the City
Manager on future requests in the interim period until the workshop; concern regarding
restrictive covenants for future Councils; assertions that the protocol was not unusual
nor punitive; and, a request that staff inform Council Members if their requests would
divert them from an existing Council assignment or goal.
Mayor Pro Tem Clark moved, seconded by Mayor Stern, to approve the staff
recommendation.
Mayor Stern moved to amend that the item return for further consideration during the
Organizational Assessment Workshop and Mayor Pro Tern Clark accepted the
amendment.
Councilman Gardiner stated that proposed change was a permanent solution to a
temporary problem, and inquired if it was legal to put time limits on Councilmember
requests.
Further discussion ensued on the merits and legality of the revision.
Mayor Pro Tern Clark withdrew his original motion and moved the decision be deferred
until the Organizational Assessment Workshop.
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March 4, 2008
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Further discussion ensued on the implications of deferring the decision, which led to a
motion to bring forward for the consideration the item regarding the selection of a date
and time for the Organizational Assessment Workshop.
Mayor Pro Tem Clark moved, seconded by Mayor Stern, to reorder the agenda to
consider the item regarding the Organizational Assessment Workshop.
Without objection, Mayor Stern so ordered.
Organizational Assessment Workshop (307)
Councilman Long moved, seconded by Mayor Pro Tem Clark, to establish Monday,
March 24, 2008 at 7:00 P.M. at Hesse Park for the Organizational Assessment
Workshop.
Mayor Stern amended the motion to put in place the one hour rule as articulated as an
interim rule until March 24, 2008. The motion was accepted by Mayor Pro Tem Clark,
the maker of the motion.
Councilman Wolowicz received clarification from the City Manager on how the new rule
would apply to future questions he might have of staff which led to further Council and
staff discussion on the specifics of the item and motion.
Mayor Pro Tem Clark amended the motion, seconded by Councilman Long, to 1)
ADOPT RESOLUTION NO. 2008-19, AS AMENDED TO SUNSET ON MARCH 24,
2008 WITH THE CLARIFICATION THAT THE RULE APPLIES TO A NEW BODY OF
WORK AND DOES NOT APPLY TO PENDING AGENDA ITEMS, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ADDING RULE 13
TO THE CITY COUNCIL'S RULES OF PROCEDURE, THEREBY ESTABLISHING THE
PROTOCOL TO REQUEST INFORMATION FROM CITY STAFF; and, 2) Repealed
City Council Policy No. 5 - City Requests Policy.
The motion carried on the following roll call vote:
AYES: Clark, Long, and Mayor Stern
NOES: Gardiner, Wolowicz
Storm Drain User Fee - Policy Issues (602)
Mayor Stern stated that he would recuse himself from the discussion of the second
portion of this item since he lives on a private street with a private storm drain system.
Public Works Director Bell provided a brief summary of the staff report regarding the
first portion of the item.
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March 4, 2008
Page 12 of 15
Council and staff discussion included the following issues: an assertion that staff had
made policy decisions where no policy had existed; a request to review the appeals
policy with respect to the Storm Drain User Fee; an assertion that opponents of the
Storm Drain User Fee were looking to complicate the rules in order to avoid the
collection of fees; a detailed explanation of the implications of Prop 218 as far as who is
considered a user by the City; and, a detailed explanation of the appeals process.
Beverly Ackerson, Rancho Palos Verdes, reported that she had not received a letter
from staff and that staff had not properly inspected her drainage. She asked who would
be responsible if the hillside behind her house failed.
Council and staff clarified that hillside failures would be the responsibility for property
owners, rather than the City's or the County's.
Mayor Pro Tem Clark moved, seconded by Councilman Long, to adopt staff
recommendation to make no changes to Municipal Code Section 3.44.050, which is the
appeal process for property owners regarding the Storm Drain User Fee (the "Fee").
Further Council discussion included the following topics: the methods and calculation
process used regarding lots that drain into two systems; the need to keep the process
simple so that the fees collected are used for storm drain maintenance rather than
administrative efforts; and, the potential that revising the numbers could put the entire
ordinance in jeopardy.
The motion carried on the following roll call vote:
AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
Mayor Stern recused himself from the discussion of the second portion of the item and
left the dais at 12:03 A.M.
Public Works Director Bell summarized the staff report for part two of the item.
Council and staff discussion focused on situations where private storm drain systems
are impacted by City storm water, displacement of water flow from a natural
configuration, and clarification on the appeal process.
Michael Cotter, Rockinghorse Road Homeowners Association (HOA), Rancho Palos
Verdes, stated that the water drainage from the homes in his area flows into canyons
that empties into the County drain and he clarified for Councilman Wolowicz that he was
assessed a Storm Drain Users Fee by the City.
Further Council and staff discussion included the following issues: the Users Fee was
assessed in the case of Mr. Cotter because the water is drained to a canyon in the City
prior to reaching the county drain; whether HOAs would be able to file an appeal for
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March 4, 2008
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their members or if homeowners would need to be filed individually; if the fee should be
assessed to those who drain into a canyon rather than a City storm drain; and, an
assertion that the fee should be paid by everyone regardless of the area of the City in
which they live or the areas that most benefit from the fees collected.
Councilman Wolowicz moved, seconded by Mayor Pro Tem Clark, to adopt the staff
recommendation to consider whether to fund the repair of certain private storm drain
systems that are impacted by City storm water, based upon the facts and circumstances
of each situation, with staff to update the City Council as more information becomes
available and experience is gained.
The motion carried on the following roll call vote:
AYES: Gardiner, Long, Wolowicz, and Mayor Pro Tem Clark
NOES: None
ABSENT: Stern
At 12:38 A.M., Mayor Stern returned to the dais and Councilman Gardiner and Mayor
Pro Tem Clark left the meeting.
Fiscal Year 07-08 Midyear Financial Report (602)
Councilman Long moved, seconded by Councilman Wolowicz, to waive the staff report,
receive and file the Fiscal Year 07-08 midyear financial report; and, 2) ADOPT
RESOLUTION NO. 2008-20, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2007- 70, THE
BUDGET APPROPRIATION FOR FY07-08, TO ADJUST APPROPRIATIONS IN THE
GENERAL FUND, THE CAPITAL IMPROVEMENT PROJECTS FUND, THE
BIKEWAYS FUND, THE DEVELOPMENT IMPACT MITIGATION (ENVIRONMENTAL
EXCISE TAX) FUND, THE WATER QUALITY FLOOD PROTECTION FUND, THE
STREET MAINTENANCE FUND, THE PROP C FUND, THE DR. ALLEN AND
CHARLOTTE GINSBURG CULTURAL ARTS BUILDING FUND, AND THE EMPLOYEE
BENEFITS FUND OF THE CITY.
The motion carried on the following roll call vote:
AYES: Long, Wolowicz, and Mayor Stern
NOES: None
ABSENT: Clark and Gardiner
CITY COUNCIL ORAL REPORTS:
Councilman Long moved, seconded by Mayor Stern, to defer the item.
Without objection, Mayor Stern so ordered.
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March 4, 2008
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COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS:
Councilman Long moved, seconded by Mayor Stern, to defer the item.
Without objection, Mayor Stern so ordered.
CLOSED SESSION REPORT:
City Attorney Lynch reported that the Council unanimously, with all Council Members
present, authorized the acquisition of the easement from St. Peter's By the Sea
Presbyterian Church for the sum of$25,000 plus the payment for the installation of the
drain from the St. Peter's driveway into the new drainage structure.
ADJOURNMENT:
Mayor Stern adjourned the meeting at 12:41 A.M.
Tta.
Mayor
Attest:
44_ //
City Clerk
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