FEBRUARY 6, 2007 CITY COUNCIL MINUTES FEBRUARY 6, 2007 CITY COUNCIL MINUTES















FEBRUARY 6, 2007 CITY COUNCIL MINUTES

MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
FEBRUARY 6, 2007

The meeting was called to order at 7:07 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 Paul Bussey, Interim City Manager; Carol Lynch, City Attorney; Carolynn Petru, Assistant City Manager/City Clerk; Joel Rojas, Director of Planning, Building and Code Enforcement; Jim Bell, Director of Public Works; Dennis McLean, Director of Finance/Information Technology; Gina Park, Assistant to the City Manager; Greg Pfost, Deputy Planning Director; Ron Dragoo, Senior Engineer; Ara Mihranian, Principal Planner; and, So Kim, Assistant Planner.

FLAG SALUTE:

The Flag Salute was led by Deputy Chris Knox.

APPROVAL OF AGENDA:

Councilman Clark moved, seconded by Mayor Pro Tem Stern, to approve the Agenda.

Without objection, Mayor Long so ordered.

CEREMONIAL

Ken Trevett from the Los Angeles Biomedical Research Institute presented a Power Point presentation to highlight some of the accomplishments and illustrate the mission of his organization.

Councilman Wolowicz commented that the Los Angeles Biomedical Research Institute generated many jobs and services for the South Bay area and the community enjoyed the benefits of the organization.

MAYOR’S ANNOUNCEMENTS:

None.

RECYCLE DRAWING:

Mayor Long announced recyclers of the month Rigo Carbadal and Jean Mangles. 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.

PUBLIC COMMENTS:

Ed Hummel, Rancho Palos Verdes, Environmental Priorities Network, Pacific Unitarian Church, and South Coast Interfaith Council, asked that the Council consider placing an item regarding the City becoming a “Cool City” on a future agenda.

Rod White, Rancho Palos Verdes, suggested that the Council get a digital timer so that speakers know how much time they have remaining to speak.

CITY MANAGER REPORT:

None.

APPROVAL OF CONSENT CALENDAR:

Assistant City Manager/City Clerk Petru reported distributing late correspondence on Items 3, 4, 7, 8, 10 and 12.

Councilman Wolowicz requested that Items 3, 7 and 8 be removed from the Consent Calendar to be considered separately.

Mayor Pro Tem Stern requested that Item 4 be removed from the Consent Calendar for discussion.

Mayor Pro Tem Stern moved, seconded by Councilman Wolowicz, to approve the Consent Calendar, as amended, with Items 3, 4, 7 and 8 removed for discussion. 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 January 8, 2007.

Border Issues Status Report (310)

This item was removed from the Consent Calendar and considered separately.

Request for Waiver of the Penalty Fees Related to an After-the-Fact Variance and Coastal Permit to Legalize a Non-Permitted Wall (Planning Case No. ZON2007-00012) (701 x 1203)

This item was removed from the Consent Calendar and considered separately.

Approval of Membership for the City of San Gabriel in California JPIA (902)

Authorized the Mayor, as the City Council’s delegate to the California Joint Powers Insurance Agency, to vote in favor of the City of San Gabriel being accepted as a new member.

July 4th Independence Day Celebration Contractor (1201)

Approved Bell Event Services as the production management company for the City’s annual July 4th Independence Day Celebration for a period of two years, and authorized the Mayor and City Clerk to execute the agreement.

Tarapaca Landslide Status Update (604 x 1204)

This item was removed from the Consent Calendar and considered separately.

Soil Cracks Investigation at San Ramon Stabilized Slope (604 x 1204)

This item was removed from the Consent Calendar and considered separately.

September 2006 Treasurer’s Report (602)

Received and filed the September 2006 Treasurer’s Report for the City of Rancho Palos Verdes.

October 2006 Treasurer’s Report (602)

Received and filed the October 2006 Treasurer’s Report for the City of Rancho Palos Verdes.

November 2006 Treasurer’s Report (602)



Received and filed the November 2006 Treasurer’s Report for the City of Rancho Palos Verdes.

Register of Demands

ADOPTED RESOLUTION NO. 2007-10, 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

Revision to Planning Case No. ZON2004-00087 (Height Variation): Request to Modify a City Council Approved Project by Adding 38 Square Feet to the First and Second Floor, Change the Overall Architectural Design, and Alter the Garage Roof Design (1804 x 1203)

Assistant Planner Kim presented a summary of the staff report.

Councilman Gardiner inquired how staff made the determination that the new design was bulkier and contained more mass.

Assistant Planner Kim explained that the second floor rotunda extension would give more of a prominent look as seen from the street than what was originally proposed.

Director Rojas indicated that anything that is taller and situated closer to the street is considered adding bulk and mass, but he acknowledged that it was a not a major change in this project.

Councilman Clark stated that he believed the changes were minor and that the aesthetics of the redesign were an improvement over the original design.

Councilman Wolowicz indicated that he lived near the proposed project and he viewed the project as part of the transformation of many of the older neighborhoods in the City.

Aarika Anvaripour, Rancho Palos Verdes, applicant, related that her family wanted to update and improve the design of their home.

Jeff Parker, Torrance, representing the applicant, presented the revised plans for the home, pointed out differences in the new and old design and explained the small increase in square footage. He provided examples of other Spanish style homes in the neighborhood and he reported support for the style of the home from the majority of the neighbors surveyed by staff. He presented changes to the staff report and he requested approval of the revised project.

Councilman Wolowicz indicated that the only issue that concerned him was the rotunda and the prominence it displayed from the street.

Responding to Mayor Pro Tem Stern, Director Rojas explained that the case was before the Council because although the changes were minor, these were changes made to the original design that Council had approved.

Rostam Khoshar, Eugene Pledger, and Greg Hall, Rancho Palos Verdes, neighbors in the area of the project, expressed support for the revised design.

Stan Anderson, Manhattan Beach, project architect, expressed support for the design which he believed fit in with the surrounding area. He agreed that revisions to the original design added bulk and mass to the home and he indicated that the tile roof would be salt and pepper colored rather than the traditional red color tile which tends to be more prominent.

Mayor Pro Tem Stern and Councilman Gardiner expressed support for the project.

Councilman Clark added his support and noted that the project was indicative of the move to update the neighborhood from tract housing.

Councilman Wolowicz indicated that the issue of view impairment had concerned him, but he would support the project.

Mayor Long stated that he supported the project and he hoped that similar appeals would not need to come before the Council.

Mayor Long closed the public hearing.

Councilman Clark moved, seconded by Mayor Long, to approve with conditions the proposed modification in concept and directed staff to bring back a revised resolution for adoption at a future meeting. A roll call vote reflected the following:

AYES: Clark, Gardiner, Stern, Wolowicz and Mayor Long

NOES: None

RECESS/RECONVENE

Mayor Long called a brief recess from 8:20 P.M. to 8:30 P.M.

Revision “DD” to the Trump National Golf Course Project – Extension of the Opening of the Golf Course and Driving Range [Continued from January 16, 2007]

(1411)

Deputy Director Pfost provided a brief summary of the staff report.

Vincent Stellio, Trump National, responding to Councilman Clark, reported that they were in the process of addressing the remaining issues raised by the City geologist and indicated that given the complexity of the issue, he thought they would be done in a couple of weeks.

Councilman Wolowicz asserted that geology was the remaining key issue and expressed concern that the project would still be unresolved in 180 days.

Deputy Director Pfost reported that there had been much progress on the project even though there was some argument about the stability analysis. He pointed out that much was at stake for the developer and the City geologist was being very conservative.

City Attorney Lynch pointed out that the Council had signed an agreement to allow the Trump Organization to fully utilize the peer review process and she did not want to see the Council do anything in contravention of that agreement.

Mayor Pro Tem Stern did not fault the applicant for challenging every conclusion although he acknowledged that the challenges extended the process. He stated he was pleased with the progress he had seen but expected to see requests for several more extensions.



Councilman Wolowicz moved, seconded by Councilman Clark, to 1) ADOPT RESOLUTION NO. 2007-11, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING ADDENDUM NO. 24 TO ENVIRONMENTAL IMPACT REPORT NO. 36; and 2) ADOPT RESOLUTION NO. 2007-12, AS AMENDED, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING GRADING PERMIT NO. 1541 TO ALLOW AN ADDITIONAL 2-MONTH EXTENSION TO THE OPERATION OF THE GOLF COURSE AND DRIVING RANGE. A roll call vote reflected the following:

AYES: Clark, Gardiner, Stern, Wolowicz and Mayor Long

NOES: None

Proposed Putting Green in Founders Park – Revision “DD” to the Trump National Golf Club Project [Continued from January 16, 2007] (1411 x 1201)

Mayor Pro Tem Stern moved, seconded by Councilman Clark, to accept the Applicant’s request to withdraw this item.

Without objection, Mayor Long so ordered.

Revision “BB” to the Trump National Golf Course - Request to Permit an “After-The-Fact” 70' Tall Flag Pole Located at the Back Tee of Hole #1 [Continued from January 16, 2007] (1411)

Assistant City Manager/City Clerk Petru stated that she had distributed late correspondence on this item prior to the meeting and that she had two requests to speak.

Deputy Planning Director Pfost provided a brief staff report.

The Council received clarification that the proposal was for different locations for viewing areas, not to move the flag pole, and noted there were several scribers’ errors noted in the report.

Councilman Wolowicz stated it was his understanding that if Trump National could not accommodate visitors at the present site of the flag pole then the location of the flag pole was in question.

Councilman Clark pointed out safety issues with the alternative location near the cart path, but he supported the clubhouse site or one of the park sites as possibilities for the viewing location.

Mayor Pro Tem Stern stated that he understood the flag pole would belong to the City so that the City could maintain the absolute right and control as to what flies on the flag pole. He inquired if there was to be an indemnification from potential failure of the 70 foot flag pole.

City Attorney Lynch stated that she had spoken with the attorney for the Trump National organization and that their intent was to deed the area around the flag pole to the City, but there would be a maintenance agreement with the Trump organization allowing them to maintain the flag pole and the flag. She anticipated that Trump National would not want to provide additional insurance or indemnification for the failure of the flag pole because their position would be that providing the building plans and the issuance of the permit would be sufficient. She added that the trails belonged to the City and that Trump National would maintain them to the City’s satisfaction and Trump accepted liability for landslide failure, but not for trip and fall types of incidents.

Mayor Long preferred the flagpole site be in the City’s park and he desired the assurance that the site would not be a memorial with a plaque associated with it.

Vincent Stellio, Trump National, did not think his organization would have a problem to indemnify the City and he did not expect the City to be responsible for the flag pole.

Responding to Councilman Wolowicz, Mr. Stellio noted that depending on available space they did not have a problem with putting in two park benches and two tables. He indicated that their preference was to locate the viewing area in the park which he pointed out was completely ADA accessible.

Councilman Clark felt that the area around the 18th green was underutilized and because it was elevated and he believed it would be an excellent viewing area for the flag, which would enhance amenities in the park.

Ken Dyda, Rancho Palos Verdes, felt it appropriate to put a viewing area in Founder’s Park. He stated that dedicating the flag to all veterans would dilute the effectiveness of the park and suggested that a suitable plaque or monument should be located at the Civic Center. He felt that dedicating the park to the founders of the City was more than adequate and the addition of more elements would change the focus of the park.

Councilman Gardiner suggested they leave the flag pole where it is and he supported Councilman Clark’s suggestion for placement of the viewing area.

Councilman Wolowicz recounted the history of the flag pole and stated for the record that for him the issue was not the flag but rather the flag pole. He pointed out that the flag represented municipal rules which protect homeowners from intrusions and treat everyone fairly and equally. He expressed support for a 35 foot pole, relocating the flag to either Founder’s Park or another location below the current ridgeline.

Mayor Long expressed agreement with some of Councilman Wolowicz’s points, but noted that he believed the matter was a land use issue and that the flag was proportionate and could remain with the right conditions.

Councilman Clark indicated that he did not condone the actions of the developer or the applicant.

Mayor Pro Tem Stern agreed with Councilman Wolowicz and he expressed disappointment in Mr. Trump’s attitude with a similar situation in Florida.

Mayor Long moved to allow the flag to remain, continuing with all the conditions but adding the requirement that the access to the flag pole itself be modified with a viewing area with two benches in the location designated by Councilman Clark. He added that the land under the flag pole shall be deeded to the City with a condition that an indemnity sufficient in scope and resources backing the indemnity shall be provided as a condition of the flag pole being allowed to remain.

The Council discussed concerns associated with the lighting requirement and clarified that lighting should be allowed at the discretion of the City.

Interim City Manager Bussey pointed out that requiring lighting added a level of complexity and would require an easement for wiring and separate metering among other things.

Mayor Long reopened public hearing.

Mr. Stellio explained that the Trump Organization currently maintains lighting at the park and it would not be difficult for them to handle lighting for the flag pole as well.

Mayor Pro Tem Stern moved, seconded by Councilman Clark, to amend the motion to delete the lighting requirement. The motion failed on the following roll call vote:

AYES: Clark and Stern

NOES: Gardiner, Wolowicz and Mayor Long

Councilman Wolowicz proposed an amendment to relocate the flag to Founder’s Park at a height of 35 feet. Mayor Pro Tem Stern seconded the motion which failed on the following roll call vote:

AYES: Stern and Wolowicz

NOES: Clark, Gardiner and Mayor Long



Mayor Long restated his motion to leave all conditions previously set in place but change the condition requiring access to the flag pole and instead designate access to the area specified by Councilman Clark with the placement of two benches; and in addition, add an indemnity to the satisfaction of the City Attorney and staff in scope, amount and terms.

Councilman Clark amended the motion to include a table with each bench. Mayor Long seconded the amendment and a roll call on the main motion reflected the following:

AYES: Clark, Gardiner, Wolowicz, Mayor Long

NOES: Stern

Councilman Gardiner moved, seconded by Councilman Clark, to continue the item until March 20, 2007, to allow staff and the applicant time to prepare any necessary agreements and access easements and a resolution approving the appeal.

Without objection, Mayor Long so ordered.

RECESS/RECONVENE

Mayor Long called a brief recess from 9:39 P.M. to 9:53 P.M.

PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:

Councilmember Clark moved, seconded by Mayor Pro Tem Stern, to consider item 23 after item 17 in order to accommodate public speakers.

Without objection, Mayor Long so ordered.

REGULAR NEW BUSINESS:

Consider a Ban of On-Street Parking of All Vehicles (1502 x 1204)

Senior Engineer Dragoo provided a brief staff report and noted that he had received a great deal of negative feedback regarding the item.

Councilman Clark indicated that he had asked that the matter be agendized due to the fact that he had been repeatedly approached by residents asking that the issue be addressed. He pointed out that Rolling Hills Estates has an ordinance in place regarding overnight parking.

The Council discussed the numerous complaints received about cars parking on the street over night; attempting to focus on problem areas; enacting the ban on a street optional basis by petition; various parking restrictions currently in place; the effect of a ban on households with insufficient parking; and, circumvention of the 72-hour rule.

Councilman Wolowicz received clarification that the item was specific to non-oversized vehicles and Senior Engineer Dragoo explained that the Traffic Safety Commission had made recommendations for oversized vehicle parking but not for regular sized vehicles.

Interim City Manager Bussey indicated that when the matter was previously discussed it was remanded to the Traffic Safety Commission for additional study, but for various reasons the additional study had not been done. He suggested sending it back to the Traffic Safety Commission again.

David Hsu, Rancho Palos Verdes, reported safety issues caused by oversized vehicle parking on his street and he felt the 72-hour rule was not working. He also noted problems with vehicles posting “For Sale” signs and he reported calling the sheriff repeatedly about these issues to no avail.

Interim City Manager Bussey clarified that the Traffic Safety Commission would be coming forward shortly with recommendations about recreational vehicles and other oversized vehicles.

Councilmembers expressed concern with hardships created by a ban of overnight parking in the City and most did not perceive the matter as being a problem. They suggested various ways the Traffic Safety Commission could handle the issue and a petition mechanism for a ban on overnight parking and permits was discussed.

Councilman Clark moved, seconded by Councilman Wolowicz, to provide direction to the Traffic Safety Commission to review and make recommendations as part of its current review of the issue of oversized vehicles parking to consider a permit process to prohibit overnight parking within specific neighborhoods, or certain streets, but not a complete ban and return to Council with recommendations within a short time frame. A roll call vote reflected the following:

AYES: Clark

NOES: Gardiner, Stern, Wolowicz and Mayor Long

Mayor Pro Tem Stern moved, seconded by Councilman Gardiner, to direct that the issue of on-street parking of non-oversized vehicles be returned to the Traffic Safety Commission to conduct an appropriate study to determine if a problem exists; and if so, to define the scope of the problem; and, identify possible solutions. Council further directed the Traffic Safety Commission to prioritize the timing of this review based on its current workload. A roll call vote reflected the following:

AYES: Clark, Gardiner, Stern, Wolowicz, and Mayor Long

NOES: None

Determination Whether Indemnification Agreement Substantially Complies with the Conditions of Approval Imposed Upon the Terranea Project (1804)

City Attorney Lynch provided a brief summary of the item and explained that the attorneys for the developers of the Terranea project have proposed an indemnification agreement that basically indemnifies the City for any projects upstream that are currently in place or designed. She indicated that their position was that the developers of Terranea should not have to indemnify and defend the City for yet to be determined or designed projects in the future. She explained that by law the City requires property owners to keep drainage from their property from causing damage down the street and that drainage from new developments in the City must be mitigated and kept at its current level either by redirecting the drainage to new drainage facilities or by upsizing the current drainage on site to accommodate it.

Tim Richardson, Long Point Development was available for any questions of the Council or staff.

Mayor Pro Tem Stern moved, seconded by Councilman Wolowicz, to determine that the Indemnification Agreement substantially complies with Condition 167.

Without objection, Mayor Long so ordered.

Consider Obtaining Bid Proposals for Videostreaming and Permanent Archival of Digital Videostream Files (602 x 301)

Director McLean provided a brief staff report.

The Council and staff discussed possible costs and benefits of using Granicus; the differences between videostreaming, video archiving, and video on demand; the differences between Windows Media and Real Audio; concerns regarding the technology being used becoming obsolete; the reliability of archiving; and, the issue of using staff time to investigate options connected with a very small expenditure.

Councilman Gardiner expressed concern about the accuracy of information since the provider had given them incorrect information regarding the preferred format to use. He pointed out that there had never been a bid process for the videostreaming service and he would like to see the item go to bid.

Mayor Pro Tem Stern stated that he did not perceive a problem that needed to be addressed and he did not support using staff time to investigate the matter.

Director McLean indicated that with the technological changes they were currently making, viewers would be able to use Windows Media Player which is the format that Granicus provides and he reported what he had learned about what other cities do. He stated that with the proposed changes, the feature sets were comparable to Granicus, who he considered the only outside provider commonly used in California worthy of considering as an alternative.



Mayor Pro Tem Stern moved, seconded by Mayor Long, to receive and file. The motion passed on the following roll call vote:

AYES: Clark, Stern, Wolowicz and Mayor Long

NOES: Gardiner

RECESS/RECONVENE

Mayor Long called a brief recess from 11:17 P.M. to 11:24 P.M.

Mayor Pro Tem Stern moved, seconded by Councilman Clark, to continue with new business after 11:00 P.M.

Without objection, Mayor Long so ordered.

Consideration of an Ordinance of the City of Rancho Palos Verdes Regulating Solicitation Within the City (202)

City Attorney Lynch presented a brief staff report and noted that Councilman Gardiner had raised concern that the broad definition of solicitation could be confusing to the public.

Councilman Gardiner stated that “No Solicitation” signs should be related to those asking for money, not those disseminating information. He asserted that in their ruling, the Supreme Court intended to preserve the ability of religious organizations, political people, and unpopular causes to disseminate information.

Mayor Pro Tem Stern cited the Watchtower case and he indicated that residents should be allowed to choose what type of contact they are willing to accept by posting a sign.

Councilman Gardiner requested the matter be continued so he could have attorneys come forward to address the Council on the matter.

Mayor Long questioned what residents thought they were accomplishing when posting a “No Soliciting” sign. He suggested that the City could offer “No Soliciting” signs which meant “Don’t ask for money” and “Do Not Disturb” signs which meant “Do not bother me at all.”

City Attorney Lynch noted that the prior precedent could not distinguish someone who was asking for money from someone who was not.

Mayor Pro Tem Stern inquired if attaching a handbill to the door was considered littering.

City Attorney Lynch noted that if a “No Trespassing” sign was posted, placing a door hanger would not be allowed.

Assistant City Manager/City Clerk Petru reported that the City had distributed “No Soliciting” stickers which are available at the front desk at City Hall. She indicated the sign could also be downloaded from the City’s website and was available from various homeowner associations.

Councilman Wolowicz moved, seconded by Mayor Pro Tem Stern, to continue the item to a meeting in March 2007 and direct staff to bring back additional information.

Without objection, Mayor Long so ordered.

City Council Succession Appointments (306)

Assistant to the City Manager Park provided a brief summary report.

Responding to Councilman Wolowicz, City Attorney Lynch explained that according to State law, the Council should allocate standby officers to each Councilmember position. She recommended that each Councilmember should designate standby officers, but noted that it was not a requirement.

Responding to Councilman Clark, Assistant to the City Manager Park reported that most cities were not aware of the opportunity to make succession appointments.

Councilman Wolowicz pointed out the emphasis the City had placed on being prepared for emergencies and he supported succession appointments.

Mayor Pro Tem Stern moved, seconded by Councilman Gardiner, to 1) Agree to establish succession appointments; 2) Have each Councilmember either provide staff with a list of appointees or decline to name any appointees; and 3) Direct staff to bring back a revised resolution for Council’s consideration at a future meeting.

Without objection, Mayor Long so ordered.

Channel 33 Governance (305)

Interim City Manager Bussey provided a brief staff report and noted that he and Channel 33 General Manager Gabriella Holt had set up weekly meetings.

Councilman Wolowicz moved, seconded by Mayor Pro Tem Stern, to assign the general management and oversight responsibilities for Channel 33 to the City Manager’s Office.

Without objection, Mayor Long so ordered.

Council Meeting Schedule (307)

Councilman Gardiner commented on the increasing number of meetings and he suggested consolidation.

Councilman Wolowicz moved, seconded by Councilman Clark, to continue with new business after midnight.

Without objection, Mayor Long so ordered.

The Council discussed available dates, meeting locations, and which meetings would be broadcast and it was agreed that all the meetings except the Tactical Workshop would be broadcast.

The Council selected the following meeting dates and action: 1) Saturday, February 24, 2007, at 9:00 A.M. at Pt. Vicente Interpretive Center (PVIC) for a Tactical Planning Workshop; 2) Saturday, March 24, 2007, at 9:00 A.M. at Hesse Park for a Budget Policy Issues Workshop; 3) Saturday, April 21, 2007, at 9:00 A.M. at PVIC for the Spring Community Leaders’ Breakfast; 4) Tuesday, May 29, 2007 at 6:00 P.M. at PVIC for a Budget Review Session; and 5) Directed that the Budget Policy Issues Workshop, Spring Community Leaders’ Breakfast and Budget Review Session be broadcast on Government Access Channel 35.

Items removed from the Consent Calendar

Border Issues Status Report (310)

Regarding the Ponte Vista Development, Councilman Wolowicz reported that the Los Angeles Unified School District had not released a draft EIR for public comment on the proposed high school on the development site. He requested that staff take the necessary steps to express great concern regarding the congestion issues that would be caused by a new 2,000 student high school at that location.

Regarding the San Pedro Waterfront Project, Councilman Wolowicz inquired if the environmental studies included the impact of the Jankovich Fuel Tank Farm since it was being renewed for up to 20 years and existing fuel tanks would be upgraded to comply with the Port Risk Management Plan. He expressed that there were valid concerns that should be included in the letter as to whether or not the tank farm was needed.

Councilman Wolowicz asked staff to draft a letter indicating Rancho Palos Verdes’ concerns regarding the Rolling Hills Estates plan to build condominiums in the vicinity of the Peninsula Shopping Center and Palos Verdes Mall.

Councilman Wolowicz moved, seconded by Mayor Long, to review the current status of border issues.

Without objection, Mayor Long so ordered.

Request for Waiver of the Penalty Fees Related to an After-The-Fact Variance and Coastal Permit to Legalize a Non-Permitted Wall (Planning Case No. ZON2007-00012) (701 x 1203)

Mayor Pro Tem Stern pointed out that this was a unique situation in that the resident had already paid penalty fees associated with the permit to legalize a non-permitted wall. He noted that under the existing ordinance, the applicant has to demonstrate financial hardship and that fact had not been demonstrated. He indicated that all residents should be treated the same and also be able to understand the rules, so he suggested an amendment to the Code to allow for the waiver of duplicative penalties.

Mayor Pro Tem Stern moved, seconded by Councilman Gardiner, to 1) Grant the requested waiver of the penalty fees in the amount of $1,482.00; and, 2) Direct staff to bring back a Code Amendment to allow the waiver of duplicate penalty fees related to the same project.

Without objection, Mayor Long so ordered.

CITY COUNCIL ORAL REPORTS

Councilmember Wolowicz moved, seconded by Councilman Clark, to postpone the City Council Oral Reports.

Without objection, Mayor Long so ordered.

COUNCIL DISCUSSION OF FUTURE AGENDA ITEMS & SUGGESTION OF FUTURE AGENDA ITEMS:

Councilman Wolowicz requested that the draft letters associated with the Border Issues items be brought back for Council review.

Mayor Pro Tem Stern requested that staff bring back the proposed Code Amendment discussed in conjunction with the Penalty Fee Waiver Request.

Councilman Clark requested that the “Cool City” program discussed under Public Comments be placed on a future agenda for discussion.

Councilman Gardiner requested an update on the Eastview School Boundary issue.

CLOSED SESSION REPORT:

City Attorney Lynch reported that no action was taken on either item discussed in Closed Session.

ADJOURNMENT:

At 12:39 A.M. the meeting was adjourned to Saturday, February 17, 2007, at 9:00 A.M. at Fred Hesse Community Park/Fireside and Activity Rooms for City Manager Candidate Interviews.

 

/s/ Thomas D. Long

Mayor

Attest:

/s/ Carla Morreale

City Clerk