RPVCCA_DM_2010_08_17_01_Draft_Mins_20100720DRAFT
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
JULY 20,2010
The meeting was called to order at 6:00 P.M.by MayorWolowicz 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:Campbell,Long,Misetich,Stern,and Mayor Wolowicz
ABSENT:None
Also present were Carolyn Lehr,City Manager;Carolynn Petru,Deputy City Manager;
Carol Lynch,City Attorney;Joel Rojas,Community Development Director;Tom Odom,
Interim Director of Recreation and Parks;Kathryn Downs,Deputy Director of
Finance/Information Technology;Ara Mihranian,Principal Planner;John Alvarez,Senior
Planner;Kit Fox,Associate Planner;Amy Trester,Associate Planner;and,Carla
Morreale,City Clerk.
FLAG SALUTE:
The Flag Salute was led by Mayor Pro Tem Long.
MAYOR'S ANNOUNCEMENTS:
Mayor Wolowicz announced that the City of Rancho Palos Verdes had received the
2010 American Planning Association Los Angeles Section Special Award of Merit for
Planning Excellence in Implementation -Small Jurisdiction for the recently completed
Terranea Resort and Spa Project.
Community Development Director Rojas recognized Principal Planner Mihranian for his
years of work on the Terranea Resort and Spa Project.
Principal Planner Mihranian provided an overview of the application and review process
for which the City was selected to receive the Special Award of Merit.
Todd Majcher,Vice-President of Development,Terranea Resort and Spa,stated that
the Terranea Resort and Spa would not be the success it is without the thorough
process that the organization engaged in with the many different departments of the
City.He stated that all of the accolades for the award rest on the shoulders of the staff
that did a phenomenal job on the project.
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Mayor Wolowicz and the Council Members congratulated Mr.Majcher for the success of
the Terranea Resort and Spa Project and excellence of the Lowe Enterprises
organization,and congratulated staff for the receipt of the Special Award of Merit.
Mayor Wolowicz announced that the City recently completed the Hawthorne Blvd.and
Palos Verdes Drive West roadway resurfacing project which was funded by ARRA
Funds,Proposition 1Band C Funds,and grant funding.He congratulated Associate
Engineer Bindu Vaish and Senior Engineer Nicole Jules for the recent completion of the
arterial roadway improvement project.
RECYCLE DRAWING:
Mayor Wolowicz announced Recyclers of the Month from the July 6,2010 City Council
meeting:Cdr.Edmund A.Vierzba and Anne H.Jones.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 THE AGENDA:
Mayor Pro Tem Long moved,seconded by Councilman Stern,to approve the agenda,
with Item No.1 0 (Proposed Stadium Lighting at Palos Verdes Peninsula High School)to
follow immediately after the Consent Calendar due to the large number of speakers on
the item.
Without objection,Mayor Wolowicz so ordered.
PUBLIC COMMENTS:
Sharon Yarber,Rancho Palos Verdes,stated that she was present at the most recent
community meeting regarding the development of Lower Hesse and Grandview Parks.
She reported that she owns three dogs and attended the meeting to enthusiastically
support a dog park.She stated that the format of the meeting was such that those
present were divided into small groups to discuss different topics.She noted that over
the course of the day her opinions changed and she left with the idea that there should
not be a dog park com~onent at either Lower Hesse or Grandview Parks.She stated
that the September 25 Community Meeting should be an open forum and there should
be a survey conducted of all of the residents.She inquired as to the range of estimated
costs for the construction as well as the maintenance of the sites.
Ginger Clark,Rancho Palos Verdes,stated that she was not in favor of the
development of Grandview Park and that the City broke a promise to Mr.Deepak
Chopra regarding not developing Grandview Park if he kept his foliage low along the
back of his home.She stated that she disagreed with bulldozing the habitat at
Grandview Park.
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Mayor Pro Tem Long stated that the notion that the Council promised that public land
would not be used for public purposes was incorrect,and he noted he was not aware of
any Council Members making such an agreement.
Candy Fletcher,Rancho Palos Verdes,stated that at the first community outreach
meeting the majority of the people present demonstrated by a show of hands that they
were not in favor of any development at either Lower Hesse or Grandview Parks.She
continued that at the second community outreach meeting the public was divided into
groups to discuss programs,characteristics,and traffic,noting that the participation
decreased as the program continued.She reported that the City Council Meetings are
broadcast on Channel 38 for those who have Verizon as their cable provider.
Thomas Wang,Rancho Palos Verdes,opined that the City does not want input from the
residents,since the plans that were presented at the most recent community meeting
were essentially the same plans as those originally presented in November 2009 at the
Grandview Homeowners (HOA)meeting.He reported that the components that the
public objected to,including the dog park and parking lot,still remain on the current
plans and questions regarding maintenance costs,traffic,and nighttime park security
have not been addressed.He noted that he was disappointed in the community
outreach workshops and the process that has been utilized regarding the development
of the parks.
CITY MANAGER REPORT:
City Manager Lehr reported on an upcoming informational meeting to be held on
Wednesday,July 21,2010 at Miraleste Intermediate School regarding the Pre-design of
the San Ramon Stabilization Project.
Interim Director of Recreation and Parks Odom provided an update on the enhanced
Recreation Program and highlighted upcoming summer and fall events,hikes and tours.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
Councilman Stern moved,seconded by Councilman Misetich,to approve the Consent
Calendar,as presented.
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Campbell,Long,Misetich,Stern,and Mayor Wolowicz
None
None
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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
Approved the Minutes of the May 22,2010 Adjourned Regular Meeting/Budget
Workshop.
Notice of Completion for the Residential Street Overlay and Slurry Seal (Area 6
and a Portion of Area 8),Median Modification and Median Landscape
Improvement Projects
1)Accepted the work as complete;2)Authorized the City Clerk to file a Notice of
Completion with the LA County Registrar-Recorder Office;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 10%retention
payment,in the amount of $144,793.51 to All American Asphalt,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.
Notice of Completion for the Arterial Street Resurfacing Project:ESPL-5413(010)
1)Accepted the work as complete;2)Authorized the City Clerk to file a Notice of
Completion with the LA County Registrar-Recorder Office 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 10%retention
payment in the amount of $203,683.95 to All American Asphalt,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.
Notice of Completion for City Hall Campus Generator System Installation Project
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 10%retention payment in the amount of
$23,824.80 to Unique Performance Construction Inc.35 days after recordation of the
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Notice of Completion by the County Recorder contingent upon no claims being filed on
the project,and the contractor posting an acceptable warranty bond.
City of Rancho Palos Verdes Accessibility Self-Evaluation and Transition Plan
1)Awarded contract to BOA Architecture to provide a Citywide Accessibility Self-
Evaluation and Transition Plan in the amount not to exceed $73,812 with an allowance
of $15,000 for unforeseen items of work which may be added to the scope of work,for a
total of $88,812;and,2)Authorized the Mayor and the City Clerk to execute the contract
with BOA Architecture.
Register of Demands
ADOPTED RESOLUTION NO.2010-60,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.
Used Oil Payment Program
ADOPTED RESOLUTION NO.2010-61,A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES,AUTHORIZING THE SUBMITTAL OF A
USED OIL PAYMENT PROGRAM APPLICATION TO THE CALIFORNIA
DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY,AND
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE ANY
AGREEMENTS,CONTRACTS,AND REQUESTS FOR PAYMENT AS NECESSARY
TO IMPLEMENT THE PROGRAM,UNTIL RESCINDED.
######
REGULAR NEW BUSINESS:
Proposed Stadium Lighting at Palos Verdes Peninsula High School
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there were 27 requests to speak on the item.
Mayor Wolowicz reported that the item before Council is in the jurisdiction of the Palos
Verdes Peninsula Unified School District (PVPUSD)in the City of Rolling Hills Estates
and that the decision-making meeting will be held on July 22,2010 by the PVPUSD
School Board.
Councilman Misetich disclosed that he met with one of his relatives recently who serves
as a Board Member on the Peninsula Stadium Lights Steering Committee and noted
that he spoke with City Attorney Lynch regarding the matter and did not need to recuse
himself from the discussion of the item.
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Mayor Pro Tem Wolowicz disclosed that he recently met with Peninsula High School
Football Coach Kevin Moen who provided a presentation of the proposed project.
Mayor Pro Tem Long moved,seconded by Mayor Wolowicz,to receive a very brief staff
report regarding this item,so that the speakers will have the opportunity to be speak
early in the evening.
Without objection,Mayor Wolowicz so ordered.
Associate Planner Fox provided a brief staff report and PowerPoint presentation
regarding the item.
Council and staff discussion ensued.
Nina MacLeay,Peninsula Stadium Lights Steering Committee,Rancho Palos Verdes,
introduced Mr.Moen,Mr.Nikolakopulos,and herself and stated that there was support
and opposition to the proposed stadium light project.She noted that the concerns that
have been raised are regarding the noise,traffic,and parking and the Committee has
considered the manner in which those concerns can be mitigated.She stated that the
project was proposed to bring the community together to enjoy safe activities,to provide
use of the school facilities,and to provide revenue to the Rolling Hills Estates
businesses.
Alex Nikolakopulos,electrical engineer,Peninsula Stadium Lights Steering Committee,
Rancho Palos Verdes,stated that the location of the existing field is ideal based on the
topography and distance from the curb lines.He noted that there are some houses that
have a view corridor towards the field,but that there will be a minimal amount of impact
from the lights as outdoor lighting has been dramatically improved over the years.He
noted that the there are four proposed light poles and lighting will be focused onto the
field,with the least amount of fixtures and glare.
Kevin Moen,Head Football Coach,Peninsula High School Football and Peninsula
Stadium Lights Steering Committee,Rancho Palos Verdes, stated that as a resident of
Rancho Palos Verdes,he was pleased to hear about the City Council's support of youth
programs and utilization of the parks,as he is an advocate for those uses.He stated
that the purpose of this project was in support of the needs of the city and schools,
providing opportunities for youth and the community to get together.
Ronna Nelsen,Rancho Palos Verdes,stated that she lives near Peninsula High School
and she and her family are in support of the Stadium Lighting Project,as it will continue
to grow the community,help create memories for all,and help foster spirit and a sense
of togetherness in the community.
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Keith Nelsen,Rancho Palos Verdes,stated that he signed what he thought was a form
to discuss the proposed lighting at the high school and the need for an impact study,but
that the form has been submitted as a petition signed by those against the lights,which
was not his intent.He noted he was in support of the lighting project.
Kel Rhoads,Rancho Palos Verdes,stated that his family comes first before recreation
and football,and noted that he is entitled to the quiet enjoyment of his home.He noted
concerns regarding the noise levels that currently occur during the daytime football
games and anticipated noise levels that will be generated as a result of the nighttime
football activities.He raised concerns regarding vandalism,fans blocking driveways,
litter after games,lights,noise,views,monetary devaluation of property,and late
notification regarding the project.He requested that the school should be a good
neighbor and abide by the rules that apply to the residents.He stated that there are
concerns that the promised five to seven night games a year may grow into more
nighttime activity as the school becomes dependent upon the revenue.
Tory Hazard,Rancho Palos Verdes,stated that Friday night football games provide an
electric atmosphere that really brings together the entire student body and community.
He stated that when he was in high school and played football in the daytime games,
the crowd was smaller and parents could not attend since the games were held during
the workday.
Kris Rhoads,Rancho Palos Verdes,stated that she has concerns regarding the short
notice period that the community has received regarding the Stadium Lighting Project.
She stated that there are issues regarding lighting,noise,parking,trash,increased
crime,impact on property values,and the possibility of the lights being used more
frequently than currently proposed with other nighttime events.
Richard Swendsen,Rancho Palos Verdes,reported that the Palos Verdes Peninsula
Unified School District states that they have a $4 million shortfall in the 2010-11 budget.
He noted that the estimate for the project may be a little low,since the project now has
been expanded to include a new sound system.He raised concerns regarding noise,
including that from the renting of the property to Pop Warner Football and other
organizations.He reported that he moved to Rancho Palos Verdes from Redondo
Beach for the community environment and quiet atmosphere.
Laura De Jesus,Rancho Palos Verdes,stated that she is opposed to the project for the
reasons that have been mentioned and specifically because she currently lives in and
enjoys the rural-like atmosphere of the area.She stated that she has concerns
regarding the visual impact of the aO-foot taillight poles;the lack of ample community
notification regarding this project;the increase in the energy footprint of the facility;
parking at the Peninsula Center,with the qualification that such an arrangement can be
removed at any time;and the effect on property values.
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Suzanne Charles,Rancho Palos Verdes, stated that she and her family are in favor of
the proposal to install lights at the football stadium,and the opportunity to experience
nighttime football games at the local high school.She noted that stadium lighting for
night games is very important for many students.
Milt Norsworthy,Rancho Palos Verdes,stated that he has a concern for the
environment,and noted that he moved to the Peninsula to escape the busy city
environment and values the peace and quiet and non-congested environment of the
area.He stated that his children played in games during the daytime and he opined
that it did not lessen their school experience.He expressed concerns with the noise
impacts,traffic,crime,and crowds coming from other areas.
Bill Webster,Rancho Palos Verdes,stated that he is a resident and member of the
Peninsula Stadium Lights Steering Committee.He opined that for the last 50 years the
school has not been allowed to have evening football games and that the school's
facilities are without adequate bathrooms,no snack facilities or hot food.He stated that
the Peninsula has a world-class high school with third-world facilities.He reiterated that
the new lighting technology will not increase the current levels of ambient light;the
Peninsula Center has offered parking;the revenue will be able to pay for crowd control,
parking control and security;and there will be a significant reduction in noise levels with
the new sound system.
Terry Monahan,Rancho Palos Verdes,reviewed the many awards and accolades that
Peninsula High School has received including recognition for state and national awards
for its school yearbook and as a California Distinguished School.He stated that he
supported the project for school spirit and the added revenue that it could generate to
continue the academic and athletic excellence that the school has enjoyed over the
years.
Mary Shaal,Upper Basswood Association,Rancho Palos Verdes,stated that she has
concerns with the project regarding the lights,traffic,parking,and crowd noise.She
stated that during the economic recession,the focus should be on education of the
students,not on stadium lights,and that she was opposed to the project.
Joseph Fierstein,South Bay Astronomical Society and International Dark Sky
Association,Rancho Palos Verdes,stated that the organizations he is a member of are
concerned regarding lights and light pollution,since any lighting adds to the already
light-polluted night sky.He stated that while the organizations are not opposed to the
lighting of the school,he encouraged the necessary steps to be taken to mitigate the
impact of the lights on the night sky.
Robert Gibson,Rancho Palos Verdes,stated that there were efforts in 1983 and 1993
to have night lighting approved at the high school.He stated that there are resident
concerns regarding cut-through traffic and parking near the high school.He requested
that if the night lighting is approved the Sheriff's Department have cars positioned on
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the streets adjacent to the high school for enforcement and that the PVPUSD be billed
for that cost.
Beverly Ackerson,Rancho Palos Verdes,provided a historical background regarding
the previous requests for lighting for nighttime events and the approval of a bulletin
board at Peninsula High School.She stated that the noise issue could be a significant
factor and noted that there are many experts available who have experience with noise
levels.
Larry Meyers,Rancho Palos Verdes,stated that he has pride for the community and
has experienced the excitement of the evening football games.He stated that he was
in favor of the Peninsula Stadium Lights project,noting that he believes there are
reasonable mitigation measures available to address the concerns that have been
raised by the residents.
Ying Sai,Rancho Palos Verdes,stated that she has concerns regarding the noise,
security,lighting,parking,audience noise,and band noise.She expressed concern
with the lack of notice to the community regarding the Peninsula Stadium Lights project.
Henry Bremer,Rancho Palos Verdes,stated that his home is located across from the
football field.He stated that he was opposed to the Peninsula Stadium Lights project
because of his concerns regarding the traffic during high school events, parking,and
the possible renting of the facility for revenue generation.
Jean-Paul Menard,Rancho Palos Verdes,stated that he and his family and many
students are in support in the night lighting for the football games.He noted that he has
not been able to attend the games since they are currently held during the day,and
opined that many family and friends are missing an opportunity to experience a full high
school experience.
Lisa Castillo,Rancho Palos Verdes,stated that she is in favor of night lighting for the
football games which bring together current high school students,families,alumni,and
friends to share school pride and spirit.She stated that the funding for the Peninsula
Stadium Lights project would come from private fund-raising by the Peninsula Education
Foundation and will generate revenue from ticket and food sales.She noted that local
area businesses will also benefit from additional commerce based on their adjacency to
the high school.
Kelly Duffy Baranick,Rancho Palos Verdes,stated that she lives near the high school
and is currently a Counselor and a coach at Peninsula High School.She noted that she
was a Varsity Cheerleader when she attended high school and believed she missed out
on a great deal by not having night games.She stated that she in unable to currently
attend the Varsity games since she they are during her daytime working hours.She
noted that students who participate in athletics occasionally have to miss afternoon
classes,which creates problems with teachers.She opined that the students have
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done so much for the school and community and that it is time to give back to the
students.
William MacLeay,Rancho Palos Verdes,stated that he delights in the joyous sound of
children playing and is in favor of night lighting for the football games.He noted that
more than the players will benefit from night football games including cheerleaders,
band members,and students who come to watch the games;and night games do not
bring more crime to the area.
Colleen Teles,Rancho Palos Verdes,stated that she lives near the high school and will
have three students at the high school next year and is in favor of the night lights for the
opportunity to bring the community together.She stated that many people move to the
Peninsula for the school system and noted that any improvement to the schools would
only enhance property values.
Darrin Dee,Rancho Palos Verdes,stated that his property is within earshot of the high
school and expressed concern that he has just recently heard of the proposal for the
night lighting of the football stadium.He stated that he has concerns regarding the
noise,crowd size,and quiet and peaceful atmosphere of the community.He suggested
that some of the revenue raised at the football games could be put towards building a
wall around the school to block the noise.
RECESS AND RECONVENE:
Mayor Wolowicz called a brief recess from 9:27 P.M.to 9:38 P.M.
Council and staff discussion ensued regarding the Proposed Stadium Lighting at Palos
Verdes Peninsula High School.
Councilman Stern moved,seconded by Councilman Misetich,to approve the staff
recommendation to:1)Prepare a letter to PVPUSD,asking the District to mitigate all
impacts related to stadium lighting and nighttime use to less-than-significant levels;
2)Prepare a letter to PVPUSD,asking the District to submit this proposal to full zoning
and environmental review through the City of Rolling Hills Estates'discretionary permit
process;and,3)Attend the upcoming PVPUSD Board meeting and continue to monitor
this proposal as a part of the City's regular bi-monthly Border Issues Status Report.
Mayor Pro Tem Long moved an amendment to add to point 2 the following phrase:"and
to abide by the outcome."
The maker and seconder of the motion accepted the amendment to the motion.
The motion passed on the following roll call vote:
AYES:Campbell,Long,Misetich,Stern,and Mayor Wolowicz
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NOES:None
ABSENT:None
PUBLIC HEARINGS:
Proposed View Restoration and Preservation Guideline Revisions
City Clerk Morreale reported that notice of the public hearing was duly published,no
written protests received,late correspondence was distributed prior to the meeting,and
there were two requests to speak regarding the item.
Community Development Director Rojas provided a brief overview of the item.
Mayor Wolowicz declared the public hearing open.
Council and staff discussion ensued.
Michael O'Sullivan,Rancho Palos Verdes,stated that he submitted a number of
suggestions regarding this topic to allow for a greater time for evaluation of if a tree
should be allowed to survive.He stated that the trimming of a tree is not a taking
according to the courts,but opined that it is a taking from the view of a foliage owner.
He urged the Council to adopt Alternative No.2,which states "Identify any issues that
require additional Staff review and input and continue this item to a future meeting to
allow Staff time to prepare such review and input"to accomplish the following three
objectives:1)limit the view restoration period to ten years;2)the language limiting the
conditions under which a tree can be replaced be deleted;and,3)the language limiting
the size of the replacement tree be deleted.
Ken Dyda,Rancho Palos Verdes,stated that the View Restoration Ordinance by-right-
height of 16 feet should be applied only to the bUilding and not the vegetation.He noted
that he is seeing a trend that is allowing sixteen foot high vegetation to be planted
anywhere on residential properties,including in the setback areas.He opined that it
would be appropriate to clarify this point in the revisions to the View Restoration
Ordinance.
Community Development Director Rojas and City Attorney Lynch explained that there is
no ordinance or prohibition preventing the planting of vegetation in the setback areas,
unless there is a tract condition prohibiting this action.
Mayor Wolowicz declared the public hearing closed.
Councilman Stern moved,seconded by Mayor Wolowicz,to ADOPT RESOLUTION NO.
2010-62,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES,THEREBY APPROVING A NUMBER OF MINOR AMENDMENTS
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TO CLARIFY THE CITY'S VIEW RESTORATION AND PRESERVATION GUIDELINES
AND PROCEDURES.
Mayor Pro Tem Long moved an amendment to the motion,seconded by Mayor
Wolowicz,to leave in the reference to an approved list of foliage types provided by the
City.
Council and staff discussion continued.
Mayor Pro Tem Long withdrew his amendment and made a substitute amendment to
the motion,seconded by Councilman Stern,to modify the language in the last sentence
of Suggested Guideline Amendment NO.8 to read "The selection of the type of
replacement foliage shall be made by the foliage owner subject to approval of the
Community Development Director."
The maker and seconder of the motion accepted the amendment.
Councilman Stern moved,seconded by Mayor Wolowicz,to adopt the staff
recommendation to:ADOPT RESOLUTION NO.2010-62,AS AMENDED,A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
THEREBY APPROVING A NUMBER OF MINOR AMENDMENTS TO CLARIFY THE
CITY'S VIEW RESTORATION AND PRESERVATION GUIDELINES AND
PROCEDURES.
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Campbell,Long,Misetich,Stern,and Mayor Wolowicz
None
None
Conformance with the 2010 Annual Los Angeles County Congestion Management
Program
City Clerk Morreale reported that notice of the public hearing was duly published,no
written protests received,and there were no requests to speak regarding the item.
Mayor Wolowicz declared the public hearing open.
As there were no public speakers,Mayor Wolowicz declared the public hearing closed.
Mayor Pro Tem Long moved,seconded by Councilman Stern,to waive the staff report
and adopt the staff recommendation to:ADOPT RESOLUTION NO.2010-63,A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
THEREBY ADOPTING THE CITY'S 2010 LOCAL DEVELOPMENT REPORT (LDR)
AND SELF-CERTIFYING THE CITY'S CONFORMANCE WITH THE 2004
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CONGESTION MANAGEMENT PROGRAM (CMP)FOR LOS ANGELES COUNTY.
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Campbell,Long,Misetich,Stern,and Mayor Wolowicz
None
None
PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:
REGULAR NEW BUSINESS:(Continued)
Planning Case No.ZON2010-00223 (Code Amendment Initiation Request):A
Request to Consider Initiating a Clean-Up Code Amendment to Correct the
Omission of Specific Plan District VII from Chapter 17.38 (Specific Plan Districts)
of the Development Code
Mayor Pro Tem Long moved,seconded by Councilman Misetich,to waive the staff
report and adopt the staff recommendation to:Direct Staff to initiate a Code
Amendment to clean up an omission in Chapter 17.38 (Specific Plan Districts)of the
Rancho Palos Verdes Development Code (RPVDC).
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Campbell,Long,Misetich,Stern,and Mayor Wolowicz
None
None
Initiation Request to Amend Conditional Use Permit No.68 (Lunada Point -Tract
No.40640)(ZON2010-00185)
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there were three requests to speak on the item.
Mayor Pro Tem Long moved,seconded by Councilman Stern,to waive the staff report
and hear the speakers.
Irv Levine,Lunada Pointe Homeowners Association (HOA),Rancho Palos Verdes,
stated that he would like to see the final language for the View Restoration and
Preservation Guidelines,since it will determine what can and cannot be done.He noted
that currently the CC&Rs for the Lunada Pointe HOA assign a certain responsibility,but
the City has the final say in the matter.
City Attorney Lynch reported that the purpose of considering the initiation of an
amendment was to make the inconsistent conditions in the Lunada Pointe tract
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consistent with other properties in the City,while extracting the City from having to
enforce any part of the CC&Rs.She noted that the amendment would make this tract
consistent with other properties in the City,so that individuals could simply file View
Restoration or Preservation applications,as would any other property owner.
Mina Dahya,Rancho Palos Verdes,stated that she is a Board Member of the Lunada
Pointe HOA and as such has submitted a package regarding the restoration of views
and landscaping in the Lunada Pointe tract.
Mayor Pro Tern Long moved,seconded by Councilman Stern,to approve the staff
recommendation to authorize Staff to process an amendment to Conditional Use Permit
(CUP)No.68 that would modify the existing conditions in the CUP regarding foliage
height to be consistent with the provisions of the City's View Restoration process.
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Campbell,Long,Misetich,Stern,and Mayor Wolowicz
None
None
RECESS AND RECONVENE:
Mayor Wolowicz called a brief recess from 10:54 P.M.to 10:59 P.M.
Resolution Opposing Marymount College Initiative
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there were three requests to speak on the item.
Councilman Stern provided a brief staff report regarding the Resolution Opposing the
Marymount College Initiative that Councilman Misetich and he prepared.
Councilman Misetich expressed his appreciation for Councilman Stern's assistance and
his experience in generating the document and providing the staff report.
Council and staff discussion ensued.
Mark Wells,Rancho Palos Verdes,stated that the Marymount College Facilities
Expansion Project as approved by the City Council provides the college with the
necessary construction to build a successful program,and stated that the Council
should oppose the Marymount Initiative for the following four reasons:1)safety
concerns regarding college students living in high density residential housing;2)the
City of Rancho Palos Verdes was created because land use benefiting the majority of
the residents was far better than the situation of the past;3)the law that would be
enacted to allow a single private entity to have its goals and guidelines supersede
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current Municipal Codes and guidelines;and,4)Marymount College supporters seek to
take away the rights of the residents to elect representatives who create and enforce
standards that are representative of the voters;and,5)s and seeks to control the
neighborhood.
Kelly Curtis Intagliata,Director of Communications,Marymount College,Rancho Palos
Verdes,stated that Marymount College has been a positive force in the community for
50 years,noting that the Marymount Plan Initiative would allow the College to continue
to serve the community while thriving as an educational institution.She stated that the
Marymount Plan would allow the school to:build a state-of-the-art library and
recreational center available to every Palos Verdes resident;and build a 255 student
dormitory while maintaining an enrollment cap of 793 students.She added that the
Marymount Plan would:reduce student traffic which currently exists due to off-campus
housing locations;create more on-campus student and faculty parking;require no tax
payer funds;and benefit the local economy through additional utility,sales and property
taxes from the College.She noted that Marymount College would be required to obtain
building permits;two-thirds of the campus would remain as open space;residents'
views would not be blocked;and extra steps would be taken to build a safety-conscious
athletic field,with Marymount College providing $200,000 to build a new traffic median
to ensure safety.
Steve Kuykendall,Marymount College,Rancho Palos Verdes,stated that Dr.Brophy
wished he could be present.Mr.Kuykendall noted that Marymount College had the
following concerns regarding the resolution:the use of the phrase "special district";
Marymount College is subject to over 170 conditions as part of the Initiative,including
22 relating to safety,14 relating to aesthetic issues,and 14 relating to geologic issues;
the density of the project is no different than the current density,since the student
enrollment will not change,although 255 students will live on the campus;there will be
additional benefits to the community as the College will generate economic activity and
employment;and the timeline for the project will not be changed by the Initiative.
RECESS AND RECONVENE:
Mayor Wolowicz called a brief recess from 11 :43 P.M.to 11 :52 P.M.
Council and staff discussion ensued regarding possible modifications to the resolution
to address the concerns of all Council Members.
Mayor Pro Tem Long moved,seconded by Councilman Stern,to ADOPT
RESOLUTION NO.2010-64,AS AMENDED AND STATED BY THE CITY ATTORNEY,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES,TAKING A POSITION IN OPPOSITION TO THE MARYMOUNT INITIATIVE
CERTIFIED FOR THE NOVEMBER 2,2010 BALLOT.
The motion passed on the following roll call vote:
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AYES:
NOES:
ABSENT:
Campbell,Long,Misetich,Stern,and Mayor Wolowicz
None
None
Amendments to Administrative Penalty Ordinance and Resolution Establishing
the Administrative Penalty Citation Schedule
Councilman Stern moved,seconded by Mayor Pro Tern Long,to waive the staff report.
Without objection,Mayor Wolowicz so ordered.
Councilman Stern moved,seconded by Councilman Campbell,to:1)INTRODUCE
ORDINANCE NO.512,AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES,AMENDING CHAPTER 1.08 (GENERAL PENALTY)AND CHAPTER 1.16
(ADMINISTRATIVE PENALTIES)OF TITLE 1 (GENERAL PROVISIONS)OF THE
RANCHO PALOS VERDES MUNICIPAL CODE RELATING TO THE
ADMINISTRATIVE CITATION ORDINANCE;and,2)ADOPT RESOLUTION NO.2010-
65,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES,ESTABLISHING ADMINISTRATIVE PENALTIES AND AMENDING THE
ADMINISTRATIVE CITATION PENALTY SCHEDULE FOR CERTAIN VIOLATIONS OF
THE RANCHO PALOS VERDES MUNICIPAL CODE.
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Campbell,Long,Misetich,Stern,and Mayor Wolowicz
None
None
CITY COUNCIL ORAL REPORTS:
Mayor Pro Tern Long moved to defer the City Council Oral Reports to the next regular
meeting.
Mayor Wolowicz submitted his written report for the record.
CLOSED SESSION REPORT:
City Attorney Lynch reported on the following Closed Session items:1)With respect to
the VH Property Corp.and VHPS LLC v.City of Rancho Palos Verdes lawsuit,a report
was provided and unanimous direction was given to the City Attorney to proceed with
further discussions with the attorneys for the plaintiffs;2)With respect to the Potential
Litigation based on a threat of litigation received from Andrea Joannou and her attorney,
a report was provided and unanimous direction given for the City Attorney to proceed
with a letter to Ms.Joannou and her attorney;and,3)With respect to the Potential
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Litigation item based on a threat of litigation in a letter dated January 19,2010,to City
Attorney Carol Lynch from Richard C.Greenberg of Greenberg,Whitcombe &Takeuchi,
LLP,a report was provided and no action was taken.
ADJOURNMENT:
At 12:21 A.M.,Mayor Wolowicz adjourned the meeting.
Mayor
Attest:
City Clerk
W:\City Council Minutes\2010\20100720 DRAFT CC MINS.doc
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