CC MINS 20071218 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
DECEMBER 18, 2007
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 7:04 P.M.
City Council roll call was answered as follows:
PRESENT: Clark, Gardiner, Long, Wolowicz, and Mayor Stern
ABSENT: None
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 Public Works Jim Bell, Director of Finance/Information Technology
Dennis McLean, Deputy Planning Director Greg Pfost, Senior Planner Eduardo
Schonborn, Building Official Paul Christman, and City Clerk Carla Morreale.
FLAG SALUTE:
The Flag Salute was led by Councilman Long.
CEREMONIAL:
Mayor Pro Tem Clark commended Pam Emerson for 34 years of service as a staff
member to the California Coastal Commission and presented her with a gift from the
City in recognition of her years of service and to congratulate her on her recent
retirement.
Barbara Sattler, President, South Coast Chapter of the California Native Plant Society,
Rancho Palos Verdes, thanked Pam Emerson for her work with the California Coastal
Commission and her assistance in protecting the local flora.
Councilman Long presented a license plate frame to Mayor Stern to commemorate his
term as Mayor of the City.
MAYOR'S ANNOUNCEMENTS:
Mayor Stern announced that the time clock would be used to monitor and make Council
Members aware of the length of time of their remarks.
RECYCLE DRAWING:
Mayor Stern announced Recyclers of the Month from the December 4, 2007 City
Council meeting, Ray Nuber and Karl VonGeczy. 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 Gardiner, to approve the
Agenda.
Without objection, Mayor Stern so ordered.
PUBLIC COMMENTS:
Sunshine, Rancho Palos Verdes, voiced concerns that Public Works projects along
roadsides and within canyons do not include implementation of trail improvements
identified in the City's Trail Network Plan nor do they provide needed emergency
access. She inquired as to the completion date of Trump National's roadside
improvements.
CITY MANAGER REPORT:
City Manager Lehr wished everyone a Merry Christmas and Happy New Year.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
Councilman Wolowicz moved, seconded by Mayor Pro Tem Clark, to approve the
Consent Calendar with Item 8 to be discussed with Item 22, Items 12 and 13 removed
from the Consent Calendar for separate consideration, and Items 10 and 14 removed
entirely from the agenda to be placed on future agendas.
The motion carried on the following roll call vote:
AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
Mayor Stern congratulated the Public Works Department for bringing the Residential
Street Overlay and Slurry Seal project to completion for$200,000 under the budgeted
amount.
APPROVAL OF CONSENT CALENDAR:
EMERGENCY STORM DRAIN PROJECT:
City Council Minutes
December 18, 2007
Page 2 of 16
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 August 21, 2007 Regular Meeting.
Notice of Completion Landscape Improvements Project PVDS @ PVDE (1204)
1) Accepted the project as complete; 2) Authorized the City Clerk to file a Notice
of Completion with the County Recorder and if no claims are filed within 35 days after
recordation, upon the contractor posting an acceptable warranty bond, notice the surety
company to exonerate the Payment and Performance bonds; 3) Authorized the Director
of Public Works to release the 10% retention payment to America West Landscape, Inc.
35 days after recordation of the Notice of Completion by the County Recorder
contingent upon no claims being filed against the contractor, and the contractor posting
an acceptable warranty bond.
Notice of Completion for the Residential Street Overlay and Slurry Seal Project
(Area 9) (1404)
1) Accepted the work as complete; 2) Authorized the City Clerk to file a Notice of
Completion with the County Recorder; and if no claims are filed within 35 days after
recordation, and upon the contractor posting an acceptable warranty bond, notice the
surety company to exonerate the Payment and Performance bonds; and, 3) Authorized
the Director of Public Works to release the 5% retention payment, to Sequel
Contractors, Inc., 35 days after recordation of the Notice of Completion by the County
Recorder contingent upon no claims being filed on the project, and the contractor
posting an acceptable warranty bond.
Annual Renewal for Non-Exclusive Commercial Refuse Collection and Disposal
Services Agreement— 2008 (1301)
1) Authorized the Mayor and the City Clerk to execute one-year non-exclusive
commercial refuse collection and disposal services agreements for 2007 with the
following: Advanced Waste Systems, Inc.; Allied Waste Services of North America, LLC,
City Council Minutes
December 18, 2007
Page 3 of 16
dba Allied Waste Services of Gardena; California Waste Services, LLC; CalMet
Services, Inc.; Consolidated Disposal Service, LLC; Easy Roll Off Services; EDCO
Disposal Corporation; JJK Roll-Offs, Inc.; S & H Disposal Company & Recycling
Services; United Pacific Waste & Recycling Services, Inc.; Universal Waste Systems,
Inc.; USA Waste of California, Inc., dba Waste Management of Los Angeles; and, West
Coast Waste & Roll Off Service; 2) ADOPTED RESOLUTION NO. 2007-128, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
LIMITING THE NUMBER OF HAULERS AUTHORIZED TO PROVIDE SOLID WASTE
COLLECTION AND RECYCLING SERVICES FROM COMMERCIAL PREMISES, AND
ROLL OFF SERVICES TO RESIDENTIAL AND COMMERCIAL PREMISES IN THE
CITY OF RANCHO PALOS VERDES IN CALENDAR YEAR 2008; and, 3) Received
and filed comments from the City's commercial haulers regarding recycling.
Request for Waiver of the Application Fee for a Remedial Grading Permit Revision
for Soil Reconditioning on Property Located at 2 West Pomegranate Road
(Planning Case No. ZON2007-00506) (1203(
Granted the requested fee waiver.
Award Construction Contract— Sunnyside Ridge Storm Drain Project (604 X 1204)
This item was removed from the Consent Calendar for separate consideration.
Speed Zone Surveys, Various Rancho Palos Verdes Streets (1502)
1) Approved a 25 MPH Truck Speed Zone Limit for Southbound Hawthorne Boulevard
between Palos Verdes Drive West and Rhone Drive as approved by the Traffic Safety
Commission at the October 22, 2007 Regular Meeting; and, 2) ADOPTED
RESOLUTION NO. 2007-129, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, CONSOLIDATING THE ABOVE SPEED LIMIT AND
SPEED LIMITS ON VARIOUS ROADWAYS WITHIN THE CITY (PREVIOUSLY
APPROVED BY THE TRAFFIC SAFETY COMMISSION AND THE CITY COUNCIL)
INTO A SINGLE RESOLUTION.
Terranea Resort and Spa Project: Recordation of Final Parcel Map No. 26073
(1804 x 1410)
This item was removed from the agenda per Staff's request and will be placed on the
January 16, 2008 City Council agenda.
California Coastal Commission Whale Tail Grant for Point Vicente Interpretive
Center Exhibit (602 x 309)
ADOPTED RESOLUTION NO. 2007-130, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RANCHO PALOS VERDES, AUTHORIZING STAFF TO PURSUE A
CALIFORNIA COASTAL COMMISSION WHALE TAIL GRANT FOR THE CREATION
City Council Minutes
December 18, 2007
Page 4 of 16
AND INSTALLATION OF A MURAL AT POINT VICENTE INTERPRETIVE CENTER
DEPICTING TONGVA NATIVE AMERICANS.
Arterial Roads Rehabilitation Program (1204)
This item was removed from the Consent Calendar for separate consideration.
Health Insurance Contributions (902 x 1202)
This item was removed from the Consent Calendar for separate consideration.
West Basin Municipal Water District's "It's Time to Get Serious" Conservation
and Water Use Initiative (1601)
This item was removed from the agenda per Staff's request and will be placed on a
future agenda so that a representative of the West Basin Municipal Water District may
give a brief presentation.
Register of Demands
ADOPTED RESOLUTION NO. 2007-131, 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:
Proposed 2008-2009 Community Development Block Grant (CDBG) Program (601)
City Clerk Morreale reported that notice of the public hearing was duly published, no
written protests were received, and there were no requests to speak on the matter.
Mayor Stern declared the public hearing open.
Councilman Long moved, seconded by Mayor Pro Tem Clark, to waive the staff report.
Without objection, Mayor Stern so ordered.
Mayor Stern declared the public hearing closed.
Mayor Pro Tem Clark moved, seconded by Councilman Long, to 1) Conduct a public
hearing to receive citizen input on the proposed 2008-2009 Community Development
Block Grant (CDBG) Program; 2) Approve the proposed CDBG projects and budget; 3)
Authorize the Director of Public Works to execute agreements for CDBG projects with
the Los Angeles County Community Development Commission; and, 4) Authorize the
City Council Minutes
December 18, 2007
Page 5 of 16
Director of Public Works to adjust the program budget as necessary to take into account
the final CDBG allocation and any amounts unexpended at the close of the fiscal year.
A roll call vote on the motion reflected unanimous approval.
Appeal of Planning Case No. ZON2007-00143, Site Plan Review with
Neighborhood Compatibility/30057 Via Victoria (Lot 12 of Tract No. 52666)
(1801 x 1203)
City Clerk Morreale reported that notice of the public hearing was duly published, written
protests were included in the staff report and late correspondence distributed prior to
the meeting, and there were five requests to speak on the item.
Mayor Stern declared the public hearing open.
Senior Planner Schonborn provided a summary of the staff report.
Council and staff discussion included the following topics: the ridgeline height of the
proposed project was unchanged from the original approval; the discrepancy in height
between the tract conditions and the proposed residence; houses included in the
neighborhood compatibility study; clarification that a developer's right vests when there
is above-ground construction in reliance of a permit; the size of the residence as the
major reason for Planning Commission Chair Gerstner's dissent; and the 10-15%
difference in size between this home and others in the neighborhood tract.
Steve Kuykendall, appellant's representative, provided a history of the project noting
that the house was the largest in the tract and on the largest lot in the tract. He
asserted that the project met all City codes and was compatible with the neighborhood.
Syd Croft, appellant's representative, asserted that every reasonable effort had been
made to minimize the impact on the houses in the tract and the appellant had not
requested variances for the project and did not believe there should be changes now.
Rich Sittel, Rancho Palos Verdes, voiced support for the recommendation to limit the
size of the house.
Andrew Mottram, Rancho Palos Verdes, asserted that the house was not compatible
with the neighborhood and view impairment was a major issue.
Melanie Mottram, Rancho Palos Verdes, reported concerns with view impairment and
the size of the house and requested at least modification to the roofline of the project.
Hal Arafat, Rancho Palos Verdes, asked for clarification on the neighborhood
compatibility findings and their potential impact on tract conditions. He voiced concern
with the overall height of the project.
City Council Minutes
December 18, 2007
Page 6 of 16
Council and staff discussion included the following topics: view impairment not being a
finding in the neighborhood compatibility analysis; confirmation that the Mottrams were
aware of the conditions of the sub-division and the pending development when they
bought their house; the factual findings necessary to make a neighborhood
incompatibility determination; and, the size of the lot in question was 1% times larger
than other lots in the neighborhood.
Mr. Kuykendall reported that the proposed project had additional setback areas and less
lot coverage than specified in the tract conditions.
Mayor Stern declared the hearing closed.
Further staff and Council discussion focused on the fact that the developer had built
smaller houses than allowed on the lots and was being penalized for that on the
remaining lots.
Mayor Pro Tem Clark moved, seconded by Councilman Long, to uphold the appeal
upon a finding that the proposed project was compatible with the immediate
neighborhood, thereby, overturning the Planning Commission's denial without prejudice
and approving the project as approved by the Director of Planning, Building and Code
Enforcement on September 7, 2007, allowing for the construction of the new single
family residence and directing staff to prepare the appropriate resolution for
consideration at the next City Council meeting.
Council discussion of the motion focused on the following: the plans for the proposed
house were in compliance with the tract conditions and view impairment was an issue
the Council was not able to consider regarding this project.
The motion carried on the following roll call vote:
AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
RECESS AND RECONVENE:
Mayor Stern called a recess from 9:04 P.M. to 9:15 P.M.
General Plan Initiation Request (Case No. ZON2007-00460) [Applicant: Roger
Barbosa, representing CVS Pharmacy; Property Address: 28103 Hawthorne Blvd.
— Current Valero Service Station] (701)
City Clerk Morreale reported that notice of the public hearing was duly published, and
written protests were included in the staff report and late correspondence distributed
prior to the meeting.
Mayor Stern opened the public hearing.
City Council Minutes
December 18, 2007
Page 7 of 16
Senior Planner Schonborn provided a summary of the staff report.
Councilmen Wolowicz and Long disclosed that they had received campaign donations
from the current owner of the Valero Service Station.
Council and staff discussion included the following topics: the fact that the gas/service
station at the site pre-dates the City's incorporation and is in a residential zone; the
project would require the approval of a General Plan amendment; the abundance of
pharmacies and lack of gas stations within the City; the Automotive Service Station
Overlay District established in 1993 to encourage automotive service stations to remain
in the City; the economic reasons for gas station closures; and whether residential use
of the property would be appropriate.
Dr. Pantea Hannauer, property owner, reviewed her family's history with the gas station
and their reasons for wanting a pharmacy on the property. Her review included financial
details and results of a residential survey they conducted regarding the site.
Council and applicant discussion included the following topics: enhancing the auto
repair aspect of the station in order to increase business; proposed pharmacy plans
including parking; the ground lease, rather than sale, of the property; and reluctance to
see residential property taken out of inventory.
Michael Gonzales, property owner's representative, Los Angeles, asserted that as a
ground lease to CVS, the landlord would retain significant amounts of control over the
future of the property. He noted that the project had yet to be designed as it was only in
the scoping phase.
Ruth Bartrum, Rancho Palos Verdes, asserted that there were too many pharmacies in
the area, and that CVS was known for less than community-friendly architecture with
unpleasant aesthetics related to the landscaping features of the parking areas. She
asserted that if the CVS pharmacy was approved they should be required to provide
improvements to the landscaping of the Hawthorne median from Granvia Altamira to
Eddinghill Drive to insure that they have a stake in Rancho Palos Verdes.
Larry Barlock, Rancho Palos Verdes, expressed support for the project. In response to
a question from Mayor Pro Tern Clark, he stated that he did not object to the property
being zoned as Commercial or Residential.
Fred Lavi, Rancho Palos Verdes, stated that he preferred to have a CVS pharmacy,
rather than a gas station, on the site.
Mayor Stern declared the public hearing closed.
Councilman Wolowicz moved, seconded by Councilman Long, to approve the staff
recommendation.
City Council Minutes
December 18, 2007
Page 8 of 16
Further Council and staff discussion focused on the following topics: the economics
behind the project; former gas station sites that are now vacant lots in the City and
adjacent cities; failure of government mandates on private businesses; clarification on
the current RS-4 zoning at the site and the conforming land use; the economic viability
of returning the lot to a residential use; and, the General Plan Amendment necessary if
the item is approved.
Councilman Wolowicz moved, seconded by Councilman Long, to allow the applicant to
submit the necessary applications and proceed through the review process for a
proposed change in General Plan Land Use Designation for the subject site from
Residential (2 to 4 d.u./acre) to Commercial (retail), and a proposed change in the
zoning from Single-Family Residential (RS-4) with Automotive Service Overlay to
Commercial-Limited (CL).
The motion carried on the following roll call vote:
AYES: Gardiner, Long, Wolowicz, and Mayor Stern
NOES: Clark
Revision "GG" to the Trump National Golf Course Project - Proposed Ficus Trees
[Continued from December 4, 2007] (1411)
City Clerk Morreale reported that the public hearing was continued from December 4,
2007, written protests were distributed as part of late correspondence prior to the
meeting, and there were three requests to speak on the item.
Councilman Long moved, seconded by Mayor Pro Tem Clark, to waive the staff report.
Without objection, Mayor Stern so ordered.
Mayor Stern noted that a revised proposed resolution had been distributed by City
Attorney Lynch who would report on the changes at the appropriate time.
Mike Vandergoes, Trump National Golf Club, reported that the ficus trees were in the
process of being removed from the Trump National Golf Club site and asked for an
additional two weeks to complete the removal. He provided additional clarification to
the Council on the removal process and reasons for the extension request.
Mickey Rodich, Ladera Linda Homeowners Association, Rancho Palos Verdes, asked
for clarification on the decision that was made at the previous meeting on the use of the
word significant in terms of view impairment.
Mayor Stern reviewed the ruling made on the use of the word "significant" and the
benefits it provided the City and its residents.
City Council Minutes
December 18, 2007
Page 9 of 16
Jessica Leeds, Rancho Palos Verdes, thanked the Council and staff for having the trees
removed. She asserted that the height of hedges on the site should be specified for all
vegetation not just ficus hedges; and she noted confusion over the use of the word
significant.
The Council discussed and explained the use of the word "significant" as a way for the
City to protect itself from potential legal challenges by the applicant regarding the view
impairment as a result of the ficus trees, and clarified that there had been no changes to
any of the conditions.
City Attorney Lynch reported that the revisions to the resolution were language changes
made for clarification purposes, included a change to the completion date, and an
acknowledgement that the applicant had requested an amendment to the conditions of
approval, but that request was denied.
Mayor Stern closed the public hearing.
Councilman Wolowicz moved, seconded by Councilman Long, to ADOPT
RESOLUTION NO. 2007-132, AS AMENDED, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES, THEREBY DENYING
REVISION GG, AN AMENDMENT TO CUP NO. 163, FOR A PROPOSED FICUS
HEDGE ON THE DRIVING RANGE.
A roll call vote on the motion reflected unanimous approval.
RECESS AND RECONVENE:
Mayor Stern called a brief recess from 10:35 P.M. to 10:43 P.M.
PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:
REGULAR NEW BUSINESS:
City Council Meeting Schedule (307)
Councilman Wolowicz moved, seconded by Councilman Long, to reschedule the
Tuesday, January 15, 2008 City Council meeting to Wednesday, January 16, 2008.
A roll call vote on the motion reflected unanimous approval.
Mayor Pro Tem Clark announced that he would not be able to attend the rescheduled
meeting as it falls on his wedding anniversary.
Proposed Interview Schedule for Applicants for the Planning Commission and
Finance Advisory Committee and Selection of Dates for Interviews of Advisory
Board Chairs (106)
City Council Minutes
December 18, 2007
Page 10 of 16
Councilman Wolowicz moved, seconded by Councilman Long, to 1) Select Wednesday,
January 16, 2008 during the 6:00 P.M. to 7:00 P.M. timeframe before the City Council
meeting for interviews of the applicants for the Planning Commission; January 29, 2008
during the 6:00 P.M. to 7:00 P.M. timeframe before the City Council meeting for
interviews of the applicants for the Finance Advisory Committee.
A roll call vote on the motion reflected unanimous approval.
Councilman Wolowicz moved, seconded by Councilman Gardiner, to 2) Select March 4,
2008, during the 6:00 P.M. to 7:00 P.M. timeframe before the City Council meeting for
interviews for the position of Chair for the Planning Commission, Finance Advisory
Committee and Emergency Preparedness Committee.
A roll call vote on the motion reflected unanimous approval.
Award Construction Contract— Sunnyside Ridge Storm Drain Project
City Clerk Morreale reported that Councilman Wolowicz had requested that Items 8 and
22 be considered at the same time and that there were 4 requests to speak on Item 22.
Councilman Wolowicz explained why he wanted Items 8 and 22 considered at the same
time.
Councilman Wolowicz moved, seconded by Councilman Long, to 1) Approve the Plans
and Specifications for the construction of the Palos Verdes Drive East Drainage
Improvements (Sunnyside Ridge Storm Drain Project); 2) Award a Construction
Contract to GCI Construction, Inc., in the amount of$334,600, for the construction of
the Palos Verdes Drive East, Sunnyside Ridge Road Storm Drain Project Phase I;
3) Award a contract for professional services to CBM Consulting, Inc. in the not to
exceed amount of$30,000 for Construction Inspection services; 4) Authorize the
expenditure of up to $70,000 for the completion of possible extra work; and,
5) Authorize the Mayor and City Clerk to execute the contracts with GCI Construction,
Inc. and CBM Consulting, Inc.
A roll call vote on the motion reflected unanimous approval.
Approval to Bid Construction Contract— McCarrell Canyon Storm Drain Project
(1204 x 604)
Public Works Director Bell provided a brief summary of the item.
Council discussion focused on the community's three areas with the most potential for
damage with Tarapaca Canyon being the next area needing attention.
City Council Minutes
December 18, 2007
Page 11 of 16
Bill Webster, representative of the Palos Verdes Bay Club, Rancho Palos Verdes,
voiced support for the project.
Reverend Clayton Cobb, St. Peter's By the Sea Presbyterian Church, Rancho Palos
Verdes, voiced support for the project.
Gene Rolle, Rancho Palos Verdes, voiced support for the project and thanked staff for
their efforts.
Dana Ireland, Rancho Palos Verdes, voiced support for the project.
Mayor Pro Tern Clark moved, seconded by Councilman Wolowicz, to 1) Direct staff to
proceed with soliciting contractors for proposals (bidding) for the construction of the
Base System for the McCarrell Canyon Storm Drain Project as presented by Staff;
2) Authorize the reallocation of$1.3 million from the budgeted $1.8 million Sunnyside
Ridge Drainage project; 3) ADOPT RESOLUTION NO. 2007-133, 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 $850,000 TO THE
CITY'S WATER QUALITY AND FLOOD PROTECTION PROGRAM; and, 4) Authorize
Staff to proceed with the bidding of the project as soon as practicable; target
advertisement date is January 2008.
A roll call vote on the motion reflected the following:
AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern
NOES: None
The Council thanked the residents for keeping the funding for storm drain repairs in
place by voting for and passing Measure C and thanked staff for expediting the item.
RPV Coast Vision Plan — Budget Appropriation (1203)
Councilman Long moved, seconded by Mayor Stern, to waive the staff report.
Without objection, Mayor Stern so ordered.
Council and staff discussion focused on the use of General Funds for the completion of
the RPV Coast Vision Plan which had been funded by the Annenberg Foundation
through a grant to the Palos Verdes Peninsula Land Conservancy (PVPLC). Staff
reported that additional costs for the completion of the Vision Plan were incurred
through interim additional steps that Council requested at the November 10,2007 Vision
Plan & Public Use Master Plan Workshop which required a proposal for the completion
of the additional work from Melendrez Associates.
City Council Minutes
December 18, 2007
Page 12 of 16
Mayor Pro Tern Clark moved, seconded by Mayor Stern, to continue the item to direct
staff to contact the Executive Director of the Annenberg Foundation and Melendrez
Associates to seek additional funding for the completion of the RPV Coast Vision Plan.
Further Council and staff discussion focused on the advantage of using City funds to
retain control over the process and the desire to avoid a potential public perception of
special interests on the project.
Mayor Pro Tem Clark amended the motion to include the Mayor or Mayor Pro Tem in
the discussions with the Annenberg Foundation.
The motion carried on the following roll call vote:
AYES: Clark, Gardiner, Wolowicz, and Mayor Stern
NOES: None
ABSTAIN: Long
Adoption of the Revised State Building Codes and the County Fire Code
(603 x 201)
Councilman Wolowicz moved, seconded by Councilman Gardiner, to waive the staff
report and accept the staff recommendation.
City Attorney Lynch reviewed policy issues pertaining to the item that required Council
direction including the following: the tripling of penalty fees for After-the-Fact approvals
and permits as opposed to the current doubling of fees; the scheduling of a Public
Hearing for January 16, 2008; and, a local amendment in the Los Angeles Fire Code
regarding the issuance of permits for fireworks displays to be approved by the City
Council. She noted that the Council could continue the practice of approving fireworks
displays on a case by case basis, or delegate that authority to the City Manager.
As originator and seconder of the motion, Councilman Wolowicz and Councilman
Gardiner accepted the amendments as part of the motion.
Councilman Wolowicz moved, seconded by Councilman Gardiner, to 1) INTRODUCE
ORDINANCE NO. 468, AS AMENDED, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, AMENDING TITLE 15 OF THE RANCHO PALOS VERDES
MUNICIPAL CODE BY 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, AND THE LOS ANGELES COUNTY FIRE CODE, WHICH IS TITLE
32 OF THE LOS ANGELES COUNTY CODE, AND RELATED MODEL CODES, WITH
APPENDICES AND AMENDMENTS THERETO; AND AMENDING THE RANCHO
PALOS VERDES MUNICIPAL CODE; 2) Schedule a Public Hearing regarding the
Adoption of said Ordinance on January 16, 2008; and, 3) ADOPT URGENCY
ORDINANCE NO. 469U, AS AMENDED, AN URGENCY ORDINANCE OF THE CITY
City Council Minutes
December 18, 2007
Page 13 of 16
OF RANCHO PALOS VERDES, AMENDING TITLE 15 OF THE RANCHO PALOS
VERDES MUNICIPAL CODE BY 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, AND THE LOS ANGELES COUNTY FIRE CODE, WHICH IS TITLE
32 OF THE LOS ANGELES COUNTY CODE, AND RELATED MODEL CODES, WITH
APPENDICES AND AMENDMENTS THERETO; AMENDING THE RANCHO PALOS
VERDES MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF.
A roll call vote on the motion reflected unanimous approval.
Councilman Gardiner left the meeting at 11:28 p.m.
Draft Agendas for the Sacramento Meetings with Legislators (307)
City Clerk Morreale reported that Mayor Pro Tem Clark had requested that staff draft
agendas for Council to review for the upcoming California Contract Cities Association
meetings in Sacramento on January 14, 2008 and January 15, 2008.
Council and staff discussion focused on the list of legislators the Council would like to
meet with on their trip and the addition of technology and traffic safety topics to the
agenda.
Councilman Wolowicz moved, seconded by Mayor Pro Tern Clark, to approve the
agendas, as amended.
Without objection, Mayor Stern so ordered.
Arterial Roads Rehabilitation Program
Councilman Long voiced concern that there were not sufficient funds for arterial roads
that would result in best improvements. He asserted that even if the City could not
currently afford an appropriate arterial plan, it would help to identify the resources
needed to achieve arterial road improvements.
Councilman Long moved, seconded by Mayor Stern, to 1) Award a professional service
contract for Arterial Roads Rehabilitation Program to Willdan Associates for one year
with two one-year extensions, which are subject to budget approval and approval by the
City Council; 2) Authorize the Mayor and City Clerk to execute a professional service
agreement with Willdan Associates for a not to exceed amount of$52,550 for the first
year, and if subsequently extended, $45,322 for the second year, and $51,948 for the
third year, and authorize the expenditure of up to an additional $10,000 for any potential
increases in the scope of work in the first year.
The motion passed unanimously absent Councilman Gardiner.
City Council Minutes
December 18, 2007
Page 14 of 16
Health Insurance Contributions
City Clerk Morreale reported that Councilman Wolowicz had requested this item be
removed from the Consent Calendar for separate consideration and that late
correspondence regarding this item was distributed prior to the meeting.
Councilman Wolowicz complimented staff on the clarity of the information contained in
the staff report and noted that the City had elected to pay in advance the prefunded
deductible on the Health Savings Account (HSA). He inquired if this payment was a
common practice and if was a one time or ongoing expense.
Councilmember Long explained that the cost saving benefits of an HSA were over the
long term to the employer by way of lowering premiums and that it was important to
fund the employee's deductible as an incentive for participation in the program.
Councilman Wolowicz moved, seconded by Mayor Pro Tem Clark, to approve the staff
recommendation.
Council discussion of the matter continued.
Deputy City Manager Petru called attention to the supplemental report where staff
recommends an adjustment to the maximum caps for Life Insurance and AD&D from
$200,000 to $350,000; and an adjustment to the maximum monthly benefit for Long
Term Disability from $5,000 to $10,000. She noted that if those adjustments were
approved, the cost to the City in 2008 would be approximately $3,000.
Councilmember Long suggested offering employees the option of paying their own long-
term disability premium and increasing their salaries by a gross amount to cover it, with
the advantage being that if the employee pays the disability premium, the employee
then collects the benefit tax-free which would be significant.
Councilman Wolowicz amended his motion to include the previously outlined changes
to the maximum caps and to direct staff to investigate the option of employees paying
their own long-term disability premiums.
Councilman Wolowicz moved, seconded by Mayor Pro Tem Clark, to ADOPT
RESOLUTION NO. 2007-134, AS AMENDED, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING THE CITY'S
MAXIMUM MONTHLY CONTRIBUTION AMOUNTS FOR EMPLOYEE HEALTH
INSURANCE PREMIUMS; and, 2) Authorize staff to adjust the 2008 maximum caps for
Life and AD&D insurance from $200,000 to $350,000 and the maximum monthly benefit
for Long Term Disability Insurance from $5,000 to $10,000.
A roll call vote on the motion passed unanimously, absent Councilman Gardiner.
CITY COUNCIL ORAL REPORTS:
City Council Minutes
December 18, 2007
Page 15 of 16
Councilman Long reported walking the trails in the Portuguese Bend and Forrestal
areas over the past two Sundays and indicated that he would report his observations
when appropriate.
Councilman Wolowicz reported on his attendance of the following meetings: a
subcommittee meeting with Mayor Pro Tem Clark regarding the Crestridge Project on
December 3, 2007; the Mayor's Breakfast on December 7, 2007; the City's Breakfast
with Santa co-sponsored by the Fire Department to benefit the REACH Program on
December 8, 2007; the City of Rolling Hills' Holiday Reception on December 10, 2007;
the South Bay Chamber of Commerce Mixer on December 13, 2007; a meeting with Jim
Bell and Dennis McLean on December 17, 2007 regarding storm drains; and, he
announced that on December 16, 2007 his youngest daughter became engaged.
COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS:
None.
CLOSED SESSION REPORT:
City Attorney Lynch reported no action on the threat of litigation from the Trump
Organization over the ficus trees since they were removed; and, regarding 40 Cherry
Hill, Council gave unanimous direction for the City Attorney's office to obtain an
abatement warrant.
ADJOURNMENT:
Mayor Pro Tem Clark asked to adjourn the meeting on behalf of the entire Council with
thanks to City staff, City Manager, and City Attorney for a tremendous 2007, noting that
staff's efforts make the community what it is and serving on the City Council a pleasure.
Mayor Stern wished staff and residents a Merry Christmas and Happy New Year.
Mayor Stern adjourned the meeting at 11:58 P.M.
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Mayor Ma c� � ail/Y
Attest:
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City Clerk
W:\City Council Minutes\2007\20071218 CC MINS.doc
City Council Minutes
December 18, 2007
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