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CC MINS 20070320 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MARCH 20, 2007 The meeting was called to order at 5:45 P.M. by Mayor Long at Fred Hesse Community Park, 29301 Hawthorne Boulevard. City Council roll call was answered as follows: PRESENT: Clark, Gardiner, Stern, Wolowicz and Mayor Long ABSENT: None Also present were City Manager Carolyn Lehr, Deputy City Manager/City Clerk Carolynn Petru, City Attorney Carol Lynch, Director of Finance/Information Technology Dennis McLean, Director of Public Works Jim Bell, Director of Planning, Building & Code Enforcement Joel Rojas, Director of Recreation & Parks Ron Rosenfeld, Deputy Planning Director Greg Pfost, Assistant to the City Manager Gina Park and Associate Planner Kit Fox. FLAG SALUTE: The Flag Salute was led by Ashley Ratcliffe of the Palos Verdes Peninsula Newspaper. CEREMONIAL: Mayor Long presented a proclamation to Captain Jay Zuanich for his many years of service to the City of Rancho Palos Verdes. He announced that Capt. Zuanich was leaving the City as he was promoted to the position of Commander of Court Services for the Los Angeles Sheriff's Department. Mayor Long and the Council Members expressed regret that Captain Zuanich was leaving, thanked him for his service to the City, and wished him well in his new position. MAYOR'S ANNOUNCEMENTS: Mayor Long welcomed the new City Manager Carolyn Lehr to her first meeting. Mayor Long reported that he recently discovered that up to 20% of his neighbors were not paying their refuse collection bill and that there was no mechanism in place to deal with the situation. He advised that he had directed staff to look into ways to address the matter. RECYCLE DRAWING: Mayor Long announced recyclers of the month Steve Bietscher and William R. Van Patten. He indicated that all winners received a check for$250 representing a year of free refuse service and he urged everyone to participate in the City's recycling program. APPROVAL OF AGENDA: Mayor Long suggested moving Items 15, 13 and 11 to immediately after the Consent Calendar as speakers were present for those items. Councilman Gardiner moved, seconded by Councilman Wolowicz, to approve the Agenda as amended. Without objection, Mayor Long so ordered. PUBLIC COMMENTS: Sergeant Rozas, Lomita Sheriff's Station, reported that on March 13, 2007, graffiti was discovered in numerous locations on the Peninsula, including businesses in the Peninsula Center located in Rolling Hills Estates, businesses in the Miraleste Plaza, at the Miraleste Intermediate School and Miraleste Library, along Palos Verdes Drive South and Palos Verdes Drive East, and on residences in Rancho Palos Verdes and Rolling Hills Estates. He indicated that the investigation was ongoing and three suspects had been named, two of whom are Rancho Palos Verdes residents. He indicated that damages were still being tallied, but reassured residents that there was no gang activity in the area. He encouraged any residents who encountered tagging to photograph it for insurance purposes, call the police to file a report making sure to get a file number, and then paint over it. He encouraged any witnesses or those with information on the recent incidents to contact Detective Chuck Braydon of the Surveillance Apprehension Team at the Lomita Sheriff Station. Tom Smith, Phantom Drive, Rancho Palos Verdes, spoke regarding his frustration with the Fender remodel project which has been underway for over four years and reported that the court order expired in December. He stated he was concerned that legal pressure had not been put on the family to complete the project and he urged the City to take action to clean the place up. City Attorney Lynch provided an update on the Fender project and noted that the City was seeking the appointment of a receiver but had to file with the Secretary of State to accept service as they have been unable to serve Mr. Fender directly. Lois Karp, Concerned Citizen Coalition Marymount Expansion (CCCME), Rancho Palos Verdes, expressed dissatisfaction with Director Rojas' response to City Council Minutes March 20, 2007 Page 2 of 18 their letter of concern regarding the Marymount expansion project. She stated that the description on the City website was materially different than what was originally presented by Marymount at the scoping session in December 2005. She noted that the project was changed from an 18 to 30 month construction project to a 96 month phased project and the project has been in a constant state of flux and incompleteness. She asserted that the City was not acting in accordance with the California Environmental Quality Act (CEQA) requirements and noted that the public must be allowed to comment before a draft EIR is circulated. She requested the matter be agendized with all Councilmembers present as CCCME wants the City to stop the project application due to unreasonable delay. She requested that another public hearing be held to allow the public to comment and have those comments added to the draft EIR. Councilmembers noted that the Marymount Project could not be discussed at this meeting because it was not on the agenda. Jim Gordon, CCCME, Rancho Palos Verdes, asserted that since the City did not enforce specific CEQA time frame requirements Marymount College was not motivated to complete the job in a timely manner. He expressed concern that the City might have lost control of the project. Tom Redfield, CCCME, Rancho Palos Verdes, commented on the potential loss of the public's right to comment on an ever-changing Marymount College EIR expansion application. He pointed out that the Coalition applauded the Council for their work on the original Marymount College submission, scoping sessions and joint workshop, but urged the Council to agendize Marymount's latest unpublicized EIR draft so residents could study it and comment on the application, as it has changed dramatically from the original. Jonathan Warner, Rancho Palos Verdes, asked for an update on traffic calming for Via Rivera and he questioned why the matter had been pulled from the agenda. Mayor Long explained that City Council agendas were often large and occasionally items had to be continued to a future meeting. Director of Public Works Bell added that other issues regarding traffic calming on Via Rivera needed to be addressed as a policy change was pending. He indicated that staff was seeking additional information and direction from the Traffic Commission before the matter was returned to Council. Mr. Warner expressed concern that the rules were changed after they had followed them and received approval. Mayor Long clarified that the Council had not changed the rules and pointed out that staff could only recommend changes. He indicated that staff would keep him City Council Minutes March 20, 2007 Page 3 of 18 advised and if the matter did not come forward within the next couple of months, Mr. Warner should contact the Public Works Department for a status update. CITY MANAGER REPORT: City Manager Lehr thanked the Council and staff for her welcome. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: Mayor Pro Tem Stern moved, seconded by Councilman Clark, to approve the Consent Calendar. The motion carried on the following roll call vote: AYES: Clark, Gardiner, Stern, Wolowicz and Mayor Long NOES: None Motion to Waive Full Reading Adopted a motion to waive reading in full of all ordinances presented at the meeting with consent of the waiver of reading deemed to be given by all Council Members after the reading of the title. Approval of Minutes (301) Approved the minutes of April 4, 2006 and April 18, 2006. Replacement of Pay Telescopes at Point Vicente Interpretive Center (1201) Approved the installation of new pay telescopes at Point Vicente Interpretive Center to replace the telescopes that were at the site before the closure, and authorized the Mayor and City Clerk to execute the attached agreement. LAUSD Statement of Understanding Regarding Field Trips to City-Owned Sites (1201) Approved a statement of understanding with the Los Angeles Unified School District regarding school tours and hikes at City-owned park sites. Accept TDA Article 3 Grant from the City of Rolling Hills and Approve Claiming Grant Refunds (1505 X 602) 1) ADOPTED RESOLUTION NO. 2007-27, A RESOLUTION OF THE CITY OF RANCHO PALOS VERDES ACCEPTING THE TRANSFER OF TDA ARTICLE 3 TRANSPORTATION FUNDS FROM THE CITY OF ROLLING HILLS; 2) Approved sending a claim form, for the grant funds, to the Los Angeles County City Council Minutes March 20, 2007 Page 4 of 18 Metropolitan Transportation Authority (Metro) for the construction of ADA access ramps as part of the City's Residential Overlay and Slurry project; and 3) Approved sending a "Thank You" letter to the City of Rolling Hills. Gifts for Parks (602) Accepted the Gifts for Parks donations and directed staff to prepare letters for the Mayor's signature expressing the Council's appreciation. Award of Construction Contract for Palos Verdes Drive South Slurry Seal Project (1204 X 1404) 1) Approved the Plans and Specifications for the construction of the Slurry Seal of Palos Verdes Drive South Project; 2) Awarded a Construction Contract to Pavement Coating Company in the amount of$114,495.20 for the Palos Verdes Drive South Slurry Seal Project, and authorized staff to spend up to $11,449.52 for possible extra work, thereby approving a $125,944.72 construction budget; 3) Authorized the Mayor and City Clerk to execute a contract with Pavement Coating Company; 4) Awarded a contract to CBM consulting, for Construction Management and Inspection services in an amount not to exceed $20,000; and, 5) Authorized the Mayor and City Clerk to execute a contract with CBM Consulting. Register of Demands ADOPTED RESOLUTION NO. 2007-28, 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. # # # # # # Items Moved Up from Regular Business: Consideration of an Ordinance of the City of Rancho Palos Verdes Regulating Solicitation Within the City (202) Councilman Clark cited a Rule of Procedure allowing each Councilmember to state his position before hearing the public speakers and Mayor Long replied that Councilmembers would be allowed time to speak immediately after the staff report. City Attorney Lynch presented a brief staff report. She explained that in keeping with changes in law since 1993 when the City last modified its regulations regarding solicitation, she had drafted an ordinance eliminating the City's existing City Council Minutes March 20, 2007 Page 5 of 18 provisions that required a letter of authorization be obtained from the City Manager before a person could solicit in the community. Mayor Pro Tem Stern pointed out a misconception from the public that the adoption of this ordinance would ban solicitation in the City. City Attorney Lynch stated that solicitation would continue to be allowed in the City. She reported that the City had not been enforcing the existing ordinance which required a letter of authorization from the City Manager prior to a person being allowed to solicit and noted that this ordinance would clarify the fact that a letter of authorization would not be required prior to solicitation in the community. Councilman Clark received clarification that residents could place a Do Not Disturb sign on their property and expect that they would not be disturbed by anyone for any reason, including donations, solicitation, dissemination of information, etc. Councilman Gardiner inquired why the ordinance was entitled a Solicitation Ordinance instead of a Do Not Disturb Ordinance. City Attorney Lynch explained that the ordinance was drafted to cover a broader category of signage but she did not object to a more generic Do Not Disturb sign so it would be clear that a resident did not want to be disturbed. She explained that a Do Not Disturb sign would make it clear that the occupant did not wish to be disturbed so that anyone approaching a residence would not have to read the definition of solicitation in the Code to understand the desire of the occupant. City Attorney Lynch responded to various scenarios suggested by Councilman Gardiner who indicated that he had concerns regarding the proposed ordinance. Responding to Councilman Wolowicz, City Attorney Lynch clarified that the ordinance did not deal with issues related to captive audiences and explained that different cities take different approaches based on issues they have faced. The Council discussed the legal standard for battery which was defined as "an intentional unconsented touching" and how that was most effectively addressed. Councilman Clark stated that he wanted to see an ordinance that would allow each resident to be allowed to put up a Do Not Disturb sign so that they would not be disturbed, if they chose to do so. Mayor Pro Tem Stern stated they he believed each resident should be able to decide if they want someone to be allowed to come to their door for any reason. Councilman Gardiner stated that he believed the ordinance should be re-drafted and titled Do Not Disturb Ordinance and that the references to public places and City Council Minutes March 20, 2007 Page 6 of 18 thoroughfares should not be included in the ordinance. He stated that he thought the definition of solicitation was too complicated and created issues with the First Amendment issues. Mayor Long received clarification that nothing in the ordinance outlawed soliciting on public streets or public places with the exception of blocking someone's right of passage on public sidewalks. He noted that freedom of speech and religion also includes freedom from speech and religion when one is on their private property. Responding to Councilman Wolowicz, City Attorney Lynch indicated that residential picketing was a completely separate issue. Evon Muaina, Rancho Palos Verdes, expressed concern with having a neighborhood filled with Do Not Disturb signs. She reported that as a Neighborhood Watch block captain in her neighborhood, she frequently disseminates information door to door for Neighborhood Watch and various organizations and she inquired how the ordinance would impact her actions. She stated that she supported permits although she did not want to pay for them and was fearful of aggressive solicitors but did not want to limit freedom of speech. Responding to Mayor Pro Tem Stern, City Attorney Lynch indicated that people were allowed to leave information at a residence as long as it was secured so it would not blow away and become litter. The following residents indicated support for the revised ordinance: Adriana Giuiliani, Hugo Giuliani, Elizabeth Griep, Christopher Tung, Amy Proudfoot, Jewel Crouthamel, Ron Starkey, Joan Behrens, Bertha Cairns, Stephen Callister, Ron Anderson, and Jesse Lindstrom. Two residents of Rolling Hills Estates, Joan Behrens and Bertha Cairns also supported the ordinance as revised. The following residents agreed with the ordinance and supported Councilman Gardiner's suggestion to simplify the language: David Bond, Linda Denning, Joyce Bost and Roger Bost. Dana Proudfoot, Rancho Palos Verdes, commented that it appeared that there were already laws and ordinances to cover harassment and littering and he agreed with Councilman Gardiner that people should be allowed to post a Do Not Disturb sign at their residence. Debbi Nelson, Rancho Palos Verdes, supported the proposed ordinance but expressed concern that she could be in violation of the ordinance if she shakes hands with or hugs a people. Councilman Stern pointed out that offering a hand is not considered touching and if the person accepts the offered hand she would not be in violation. City Council Minutes March 20, 2007 Page 7 of 18 Steve Denning, Rancho Palos Verdes, stated that he thought the proposed ordinance was too complicated and he wanted to see a simple ordinance to allow residents to post a sign at their residence to provide for privacy. Robert Crockett, Latham and Watkins, representing the Church of Jesus Christ Latter Day Saints, related his experiences as a missionary in Chicago. He supported the staff recommendation for the proposed ordinance as revised and thanked staff for responding to and listening to his concerns. Responding to Mayor Pro Tem Stern, Mr. Crockett noted concerns with No Soliciting signs because the Church of Jesus Christ Latter Day Saints would interpret that to include the actions of missionaries who visit residences to invite people to their church. Mr. Crockett reported that none of the similar ordinances in the state of California that his firm examined included the kind of language that the City of Rancho Palos Verdes originally proposed to include in the definition of solicitation the dissemination of opinion. He stated that all the other ordinances they examined limited solicitation to asking for money or charitable contributions. He discussed court cases dealing with similar issues and noted that constitutional law would prohibit No Solicitation to include the free dissemination of public opinion, religious or political. Councilman Gardiner questioned whether Mr. Crockett believed residents would interpret the leaving of flyers announcing a homeowner's association meeting or the leaving of phonebooks as solicitation. Mr. Crockett stated that merely leaving or disseminating information or inviting someone to attend a church was not solicitation and he agreed with the provision that if a residence has a Do Not Disturb sign posted, that home was not to be approached. He added that the Latter Day Saints missionaries did not leave leaflet information so the ability to distribute leaflets to a Do Not Disturb household was not important to them. Dr. Maurice Lamb, Ecclesiastical Head of the Church of Jesus Christ Latter Day Saints, representing over 100 households in the area expressed support for the revised ordinance. Bernie Slotnick, Rancho Palos Verdes, wanted the ordinance to be clear and enforceable and suggested that the City issue an appropriate sign for residents to post. Blaine Van Patten, Rancho Palos Verdes, stated he was confused by the language of the ordinance and expressed concern that he could be arrested for City Council Minutes March 20, 2007 Page 8 of 18 waking someone up at 2:00 am because their house was on fire if they have a Do Not Disturb sign. Lee-Ling Ou, Rancho Palos Verdes, expressed support for the ordinance and for the Do Not Disturb signs but wanted neighbors to be able to notify them if there was a problem at their residence. Kwo Huei Ou, Rancho Palos Verdes, echoed his wife's comments. Mayor Pro Tem Stern moved, seconded by Mayor Long, to introduce the proposed ordinance with the addition of the word "clearly" to Section 5.20.030a to indicate a clearly displayed a sign stating Do Not Disturb. The discussion continued. Councilman Clark questioned the implications of paring down the ordinance. City Attorney Lynch indicated that an ordinance focusing on the Do Not Disturb sign would be allowable but suggested retaining the anti-littering provisions. She noted that the ordinance as discussed would eliminate the provisions dealing with the aggressive contacting. Mayor Pro Tem Stern noted that it was clear the permitting aspect and the requirement for a letter of authorization for soliciting from the City Manager was unconstitutional and needed to be fixed. He stated that the substance of the ordinance and all of its attributes were agreeable and should be adopted. He did not mind if the City Attorney were directed to spend some time breaking the ordinance into pieces to make it more understandable and return with something that had all of the same elements but in a slightly different form, but commented it would be foolish to start rewriting it once again. Responding to Councilman Wolowicz, City Attorney Lynch indicated that it was her intent to write something easily understandable and she was amenable to simplifying the document at the Council's direction. She reported that the court required that speech not be distinguished based on its content so she used a more broad definition of the word solicitation. She explained that the courts did not permit preference to those who are not seeking funds as part of their solicitation or to require permits from those who are seeking funds. She suggested eliminating the letter of authorization provisions which are invalid and introducing the ordinance now with something simpler to follow. Mayor Long pointed out that staff has already spent a great deal of time crafting the revised ordinance and noted that a majority of the speakers have found it acceptable. He added that the First Amendment required precise definitions which cannot be stated in just a few sentences and he believed the proposed ordinance before Council was acceptable. City Council Minutes March 20, 2007 Page 9 of 18 Councilman Clark suggested introducing the ordinance as written but asked for a simplification centered around the primary issue of residents having the City enforce their right to have people not disturb them. He received clarification that a penalty for violations would be included and noted that while many people supported the ordinance, many people also wanted to see it simplified. Mayor Pro Tem Stern moved, seconded by Mayor Long, to introduce Ordinance No. 453, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, AS AMENDED, REGARDING SOLICITATION WITHIN THE CITY OF RANCHO PALOS VERDES AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE by title only, waive further reading, and introduce the ordinance. A roll call vote reflected unanimous approval. RECESS: Mayor Long called a brief recess from 9:33 P.M. to 9:45 P.M. Proposed Modification of the Ordinance of the City of Rancho Palos Verdes that Established an Annual Storm Drain User Fee (602 X 1204 X 604) Mayor Long provided a brief summary of the staff report as he and Councilman Gardiner served on the Storm Drain User Fee Subcommittee. He pointed out that infrastructure repair is a permanent project that the City continues to work on and one that needs to be funded. He stated that the proposed modification to the ordinance allows for public review after 10 years with the establishment of a citizen Oversight Committee to exist as long as the fee exists, unless the ordinance is repealed at the November 2007 Election. Councilman Gardiner expressed support for the proposed changes to the ordinance in that he believed it would prioritize projects, assist in the management of the repairs and facilitate long term maintenance. He noted that the modified sunset period of ten years and creation of an Oversight Committee addressed his previous concerns with the Storm Drain User Fee. Mayor Long stated that one of the goals is for the maintenance of storm drains to function similar to that of street maintenance. Mayor Pro Tem Stern complimented Mayor Long and Councilman Gardiner for taking on the task of modifying the Storm Drain User Fee Ordinance and creating a proposal he could support. He noted that even those who wanted to repeal the fee acknowledged that the work had to be done, since the storm drains have been neglected for decades. He opined that a dedicated fee was necessary for the ongoing maintenance of the City's storm drains. City Council Minutes March 20, 2007 Page 10 of 18 Councilman Wolowicz complimented the subcommittee and received clarification from City Attorney Lynch that the registered voters in the City can repeal a fee imposed by the property owners that will pay the fee. City Attorney Lynch indicated that she was not aware of a move to revise Proposition 218. Councilman Clark supported the proposed changes to the ordinance and took personal responsibility for the fact that the Storm Drain User Fee was passed by applicable property owners when he was Mayor. He expressed regret that a subcommittee had not been established at that time. Jon Cartwright, President, Rancho Palos Verdes Council of Homeowner Associations (CHOA), urged the Council to approve and support the fee as the proposal guarantees funding, provides for a ten year sunset, and provides for the formation of an Oversight Committee ensuring additional accountability. He reported that the CHOA Board of Directors unanimously supported the proposal and suggested that the City develop a strategy to communicate with homeowners about the work being performed on the storm drains and why they needed to support the City's position. Barry Hildebrand, Rancho Palos Verdes, reported that Don Reeves had sent the City an email outlining the position of their Committee to Repeal the Storm Drain User Fee. He discussed the different approaches other cities have taken to address similar issues and inquired why the City did not budget their repairs instead of exacting a tax from the residents. He noted that everyone should share in the cost of the repairs, but he wanted the City to accept responsibility for the vital task and wanted to see the previous tax rescinded. Councilman Clark pointed out that for 20 years the City of Palos Verdes Estates taxed its residents in order to renew the storm drain infrastructure, by using half of the utility user tax without going to the property owners and asking them to fix it. Responding to Councilman Wolowicz, Mr. Hildebrand stated he believed the budget was overly conservative and the City staff projected disaster which has never occurred. He stated that all the wants and needs were accounted for in the budget, but the wants were higher in the hierarchy than the needs. Councilman Gardiner pointed out that the repair to McCarrell Canyon alone would cost about $7 million. Mayor Pro Tem Stern moved, seconded by Councilman Gardiner, to direct staff to draft appropriate documents leading to placing a counter-ballot measure to the November 2007 User Fee Repeal Ballot Measure that would include: 1) No change in the amount of the user fee that currently is in place; 2) Add an City Council Minutes March 20, 2007 Page 11 of 18 automatic 10-year sunset dating from the initial collection of user fees; and, 3) Require the establishment of a citizen Oversight Committee (with the same format and purpose as the Committee established on January 30, 2007, but to be affirmed by the voters so that no future City Council could abolish it by a vote of the Council while the fee exists). He stated that staff be directed to complete the following two items as a condition for Mayor Long's and Councilmember Gardiner's support of the counter ballot measure: 1) Prepare a budget appropriation transferring $3 million of General fund reserves into the Water Quality Flood Protection fund; and, 2) Prepare a Request for Qualifications (RFQ) to seek a qualified organization capable of studying and recommending to the City a comprehensive and cost-effective method of repairing, maintaining and managing the City's infrastructure. A roll call vote reflected unanimous approval. Traffic Safety Commission Appointments (106 X 1502) Mayor Pro Tem Stern moved, seconded by Councilman Wolowicz, to appoint the following seven members to serve on the Traffic Safety Commission: David Kramer, Stanislav Parfenov, and Mark Wells were appointed to two-year terms of office until March 2009; and, Craig Bilezerian, Ava Shepherd, Damon Willens, and Paul Wright were appointed to four-year terms of office until March 2011. PUBLIC HEARINGS: Tract Map Amendment and Grading Permit (Case Nos. SUB2006-0003 & ZON2005-00597): A Modification to the Restricted Use Area of Lot 1 of Tract Map No. 32322 to Permit 627 Cubic Yards of Grading for the Construction of a 5,397-Square Foot 2-Story Single-Family Residence on an Upslope Lot [30375 Diamonte Lane] (1411 X 1203) Deputy City Manager/City Clerk Petru reported that notice of the public hearing was duly published, no written protests were received, and she had one request to speak on the item. Mayor Pro Tern Stern moved to waive the staff report. Mayor Long opened the public hearing at 10:38 P.M. Rosie Velasquez, project architect, agreed with the staff recommendation and had no further comments. Mayor Long closed the public hearing at 10:39 P.M. Mayor Pro Tern Stern moved, seconded by Councilman Clark, to ADOPT RESOLUTION NO. 2007-29, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES CONDITIONALLY APPROVING THE City Council Minutes March 20, 2007 Page 12 of 18 REQUESTED TRACT MAP AMENDMENT AND GRADING PERMIT (CASE NOS. SUB2006-00003 & Z0N2005-00597). A roll call vote reflected unanimous approval. Appeal of Revision "BB" to Trump National Golf Course — a Request for an Amendment to Conditional Use Permit No. 163 and a Variance to Permit an "After-the-Fact" 70' Tall Flag Pole Located at the Back Tee of Hole No. (1411) Deputy City Manager/City Clerk Petru reported that this was a continued public hearing and she had one request to speak on the item. Deputy Planning Director Pfost provided a summary of the staff report. The Council discussed the lighting provision for the flag pole and Mayor Long clarified that the wiring for the lighting could be installed and the City would control whether the flag would be lit. Mayor Pro Tem Stern stated that the indemnification should include indemnifying the City for any problems or injuries that arrive from the maintenance of the flag. City Attorney Lynch noted that the indemnification was included in the current agreement and she suggested adding the word maintenance to the agreement to amplify language addressing maintenance of the flag pole and amenities. Councilman Wolwoicz expressed concern that there was nothing in the document stating that the applicant could not change the location of the flag pole or put up another flag pole. Mayor Long indicated that such a condition was not necessary since the flag pole belonged to the City, but inquired if the permit could be conditioned so that the Trump National Organization could not erect another flag pole anywhere else on the site. City Attorney Lynch pointed out that the specific condition of approval specified the location. She expressed concern about prohibiting a flag pole somewhere else on the property as part of the conditions of approval and recommended against the imposition of additional conditions. Councilman Clark proposed a site for the flag pole be in an underutilized area of the park which could accommodate tables and benches. He indicated that many people did not realize that the flag pole was part of the City park in its present location. City Council Minutes March 20, 2007 Page 13 of 18 Deputy Planning Director Pfost noted that the other two areas proposed for the flag pole relocation could accommodate a viewing area with tables and benches. He pointed out ADA issues and concerns with traffic on the bike trail with the location of the flag pole; and he suggested constructing a spur off of the bike trail to address ADA access. Vincent Stellio, Trump National, did not think that the area proposed by Councilman Clark was safe as it was divided by a bike path, there was no existing ADA access, and there was the potential for people to be struck by golf balls from Hole 18. He asserted that the existing picnic tables were rarely utilized and wanted to see more sitting benches added to the park. Councilman Wolowicz received clarification that a bench would be feasible at both sites. Councilman Clark observed that the benches were being utilized but indicated that he would like to see the Trump Organization agree to put in low profile seating benches at two alternate sites as there were many vista points at the Trump Golf Course but very few benches to enjoy the views. Mr. Stellio was amenable if the benches could be removed so the area could be used for tournaments. Mayor Pro Tem Stern indicated that it was important to allow more of a buffer zone from the golf areas and he supported benches because he thought picnic tables negatively affected the visual impact. Councilman Clark moved to approve the permanent location of the flagpole in its existing location with all conditions as enumerated in the staff report and the installation of one bench at each of the alternative locations and one removable bench at each of the vista points at the end of the park. Councilman Gardiner seconded the motion. Councilman Wolowicz expressed opposition to the flagpole at its current location and asked that the motion be split and voted on separately. Councilman Clark moved, seconded by Councilman Gardiner, to ADOPT RESOLUTION NO. 2007-30, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING ADDENDUM NO. 26 TO ENVIRONMENTAL IMPACT REPORT NO. 36 FOR REVISION "BB." The motion passed by the following roll call vote: AYES: Clark, Gardiner and Mayor Long NOES: Stern and Wolowicz City Council Minutes March 20, 2007 Page 14 of 18 Councilman Clark moved, seconded by Councilman Gardiner, to ADOPT RESOLUTION NO. 2007-31, AS AMENDED, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING THE APPEAL AND THEREBY APPROVING REVISION "BB", AMENDING CUP NO. 162 AND APPROVING A VARIANCE TO ALLOW A 70' TALL FLAG POLE. The motion passed by the following roll call vote: AYES: Clark, Gardiner and Mayor Long NOES: Stern and Wolowicz Councilman Clark moved, seconded by Councilman Gardiner, to 1) Provide direction to Staff and the Applicant in regards to which of the two proposed alternatives for a publicly accessible viewing area in Founders Park is the preferred alternative with four benches; 2) Accept a Grant Deed for property where the flag pole is currently located; and 3) Enter into an Indemnity Agreement, as amended, pertaining to the flag pole. A roll call vote reflected unanimous approval. PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA Mayor Pro Tem Stern moved, seconded by Councilman Wolowicz, to suspend the rules regarding the end time for the meeting so that Council could attempt to finish the remaining agenda items. Without objection, Mayor Long so ordered. Councilman Clark moved, seconded by Mayor Long, to move Item 14 forward as Councilman Clark needed to leave after that item. Hearing no objection, Mayor Long so ordered. REGULAR NEW BUSINESS: City Council Succession Appointments (306) Mayor Pro Tem Stern moved, seconded by Mayor Long, to waive the staff report and adopt the nominations in the staff report as well as those to be stated by Councilman Clark and Councilman Wolowicz. Without objection, Mayor Long so ordered. Councilman Clark nominated Jon Cartwright, Paul Tetreault and Lois Karp as his succession appointees in case of an emergency. City Attorney Lynch explained procedures for handling duplicate nominations. City Council Minutes March 20, 2007 Page 15 of 18 Other Councilmembers reported turning in their nominations previously. Councilman Wolowicz nominated the current Planning Commission Chair, the current Emergency Preparedness Committee Chair and the current Traffic and Safety Commission Chair as his appointees in case of an emergency. City Attorney Lynch explained that each time a person assumed the position he or she would be informed of the requirements of the position and given the appropriate training. Mayor Pro Tem Stern indicated that he would come up with nominations in due course and have the item agendized at that time. Mayor Pro Tem Stern moved, seconded by Councilman Gardiner, to 1) Accept the nominations as stated for standby officers if a Councilmember is unavailable to perform their duties during a state of war or state of local emergency; and 2) ADOPT RESOLUTION NO. 2007 -321 A RESOLUTION OF THE CITY OF RANCHO PALOS VERDES APPOINTING STANDBY OFFICERS FOR THE CITY COUNCIL. A roll call vote reflected unanimous approval. Telecommunications Regulatory Ordinance (605) Councilman Gardiner moved, seconded by Mayor Pro Tem Stern, to waive the staff report for this item. Mayor Pro Tem Stern received clarification that the language was broad enough to cover new technology. Councilman Gardiner moved, seconded by Mayor Long, to 1) Read ORDINANCE NO. 4541 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 13.12 OF TITLE 13 OF THE RANCHO PALOS VERDES MUNICIPAL CODE ADDING NEW SECTIONS 13.12.140 AND 13.12.150 RELATING TO A SUPPORT FEE FOR LOCAL CABLE USAGE AND SPECIAL PROVISIONS APPLICABLE TO HOLDERS OF STATE VIDEO FRANCHISES by title only, waived further reading, and introduced the ordinance; and 2) Read ORDINANCE NO. 455U, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 13.12 OF TITLE 13 OF THE RANCHO PALOS VERDES MUNICIPAL CODE RELATING TO A SUPPORT FEE FOR LOCAL CABLE USAGE AND SPECIAL PROVISIONS APPLICABLE TO HOLDERS OF STATE VIDEO FRANCHISES AND DECLARING THE URGENCY THEREOF BY TITLE ONLY, WAIVED FURTHER READING, AND ADOPTED THE ORDINANCE. A roll call vote reflected unanimous approval. CITY COUNCIL ORAL REPORTS: Councilman Gardiner reported on his attendance at the recent Palos Verdes Transit Authority Meeting and a potential budgetary crunch with the organization; he indicated that they were examining ways to match their revenue with their City Council Minutes March 20, 2007 Page 16 of 18 needs. He also noted that he had not realized that the Palos Verdes Golf Club was a public golf club and indicated that it was open to anyone who could get a tee time. Councilman Clark reported joining the Mayor, Councilman Wolowicz, Mayor Pro Tem Stern and the City Manager at the unveiling of the Terranea project since the scheduled groundbreaking could not occur without the necessary Coastal Commission permit. He reported on a meeting on Friday, March 9th of the League of California Cities Coastal Cities Issues Group chartered by the League Board of Directors to address coastal cities issues and how to effectively interface and work collaboratively with the California Coastal Commission. Councilman Wolowicz reported presenting a proclamation to the City of Lomita commemorating their 100th anniversary on March 8th. He thanked Councilmember Gardiner for attending the Palos Verdes Transit Authority meeting and reported attending a focus group on March 15th dedicated to the conversations of issues by the Palos Verdes Peninsula News. Councilman Wolowicz attended the Rolling Hills Estates public hearing regarding the Peninsula Village Overlay on March 19th where he repeated statements he made at earlier hearings and requested that they read letters drafted and sent by the City of Rancho Palos Verdes outlining significant issues of concern including traffic, congestion and the size of the project. Mayor Pro Tem Stern reported attending the March 8th Vector Board meeting noting that the Board sent out a DVD on Africanized Honey Bees for broadcast on Channel 33 to assist in educating residents. Mayor Long reported attending the Rolling Hills Riviera Homeowners Association Board meeting on March 10th. He added that he had also attended the Rolling Hills Estates' public hearing where concerns of the City of Rancho Palos Verdes were vigorously presented in detail. He reported that he attended an Iranian Women's Society event at Ridgegate on March 17th to celebrate the New Year and he distributed two dollar bills to his colleagues as is customary. Councilman Clark complimented the Palos Verdes Peninsula News for their editorial on Saturday regarding the City of Rancho Palos Verdes and their wise decision to end meetings before midnight. COUNCIL DISCUSSION OF FUTURE AGENDA ITEMS & SUGGESTION OF FUTURE AGENDA ITEMS: Councilman Wolowicz requested that the Fender and Marymount matters be agendized as soon as possible. Mayor Long suggested Council members read and consider staff information as the Marymount matter can only be discussed in open session. City Council Minutes March 20, 2007 Page 17 of 18 City Attorney Lynch updated the Council on the Marymount project noting that the public would not be precluded from commenting on the EIR. Councilman Gardiner suggested sending general information to Channel 33 to provide answers to reasonable questions. Councilman Clark requested that the issue of conducting an independent Management Audit for City Hall be included on an upcoming agenda. CLOSED SESSION REPORT: City Attorney Lynch reported that the Council had unanimously authorized a settlement amount regarding the Cohen case and no action was taken on the open space purchase. ADJOURNMENT: At 11:35 P.M., the meeting was adjourned to Saturday, March 24, 2007 at 8:30 A.M. at the City Hall Community Room for the Tactical Planning Workshop and Budget Policy Issues Workshop. t/ OP, / May Attest: /i City Clerk City Council Minutes March 20, 2007 Page 18 of 18