OCTOBER 16, 2007 CITY COUNCIL MINUTES OCTOBER 16, 2007 CITY COUNCIL MINUTES OCTOBER 16, 2007 CITY COUNCIL MINUTES

MINUTES
RANCHO PALOS VERDES CITY COUNCIL
OCTOBER 16, 2007

The meeting was called to order at 6:00 P.M. by Mayor Long at Fred Hesse Community Park, 29301 Hawthorne Boulevard and was immediately recessed into Closed Session.  The meeting reconvened at 7:04 P.M.
 
City Council roll call was answered as follows:

PRESENT:   Clark, Stern, Wolowicz and Mayor Long
ABSENT:      Gardiner (excused)

Also present were Carolyn Lehr, City Manager; Carol Lynch, City Attorney; Carolynn Petru, Deputy City Manager; Joel Rojas, Director of Planning, Building and Code Enforcement; Dennis McLean, Director of Finance/Information Technology (IT); Jim Bell, Director of Public Works; Ron Rosenfeld, Director of Recreation and Parks; Greg Pfost, Deputy Planning Director; Matt Waters, Senior Administrative Analyst; So Kim, Assistant Planner; Ron Dragoo, Senior Engineer; and Carla Morreale, City Clerk.

FLAG SALUTE:

The Flag Salute was led by Director of Finance/Information Technology Dennis McLean.

MAYOR’S ANNOUNCEMENTS:

Mayor Long gave a status report on the Management Partners, Inc. Organization-Wide Management Assessment noting that the full report was due to be complete by mid-February 2008.

Mayor Long invited Mayor Pro Tem Stern to present a law enforcement subcommittee report. 

Mayor Pro Tem Stern presented a report and slide presentation covering topics related to crime statistics for the City of Rancho Palos Verdes for the past six years; a comparison of the Rancho Palos Verdes crime rates compared to other cities with contracted Los Angeles County Sheriff services; and the cost of Sheriff services per resident compared to other cities.  He noted that the City of Rancho Palos Verdes had the second lowest crime rate and the second to the lowest cost per resident among cities served by the Sheriff’s Department, noting that graffiti, vandalism, burglary and traffic accidents were also covered in the crime statistics.

Captain Ronene Anda, Lomita Sheriff Station, spoke about communications with the public and the City Council; recent crime trends; car and home burglary prevention tips; the importance of Neighborhood Watch programs; the Sheriff Department’s response to crime; a continuing reassessment of the deployment of officers; use of technological tools; the absence of a gang problem on the Peninsula; and graffiti by non-gang affiliated taggers.
 
Councilman Wolowicz thanked Mayor Long for bringing the item forward on the meeting agenda and reported that the recent change in the City’s ambulance service had resulted in response times that were within 90% of the objective.  

RECYCLE DRAWING:

Mayor Long announced Recyclers of the Month from the October 2, 2007 City Council meeting, Louise Thrift and Carolyn Kruel.  He indicated that all winners receive a check for $250 representing a year of free refuse service and urged everyone to participate in the City’s recycling program. 

APPROVAL OF AGENDA:

City Clerk Morreale reported that staff was requesting that Item 14 be removed from the Agenda and there were no requests to speak on the item.

Director of Planning Rojas explained that the Palos Verdes Peninsula Land Conservancy was withdrawing their request to present the item at the present time.

Councilman Clark moved, seconded by Mayor Pro Tem Stern, to approve the Agenda with Item 14 removed.

Without objection, Mayor Long so ordered.

PUBLIC COMMENTS: 

Mayor Long explained the rules of addressing the Council under Public Comments.

Marisa Teora and Amanda Light, representing Girl Scout Troop No. 489, asked the City Council for their support in considering the creation of a Girl Scout meeting house as part of the Upper Point Vicente/Civic Center Master Plan.

Lynn Swank, Rancho Palos Verdes, requested that an item be placed on a future agenda regarding the establishment of policies regarding the use of Channels 33 and 35 for political purposes.  She asserted that the Station Manager of taxpayer-funded Channel 33 was also the Campaign Manager for a City Council candidate and stated that Ms. Holt should either resign or be placed on a leave of absence.

Councilman Clark voiced concern with the potential perception of a conflict of interest, received clarification on the situation and an update regarding the ongoing efforts to resolve the concerns along with possible short-term solutions from City Attorney Lynch.

CITY MANAGER REPORT:

None.

NEW BUSINESS:

APPROVAL OF CONSENT CALENDAR:

City Clerk Morreale reported that a member of the public had submitted a suggested change to the Minutes of June 19, 2007.

Mayor Long requested the Minutes of June 19, 2007 be removed from the Consent Calendar for separate consideration.

Mayor Pro Tem Stern moved, seconded by Councilman Wolowicz, to approve the Consent Calendar with the Minutes of June 19, 2007 removed for separate consideration.  The motion carried on the following roll call vote:

AYES:            Clark, Stern, Wolowicz and Mayor Long
NOES:           None
ABSENT:      Gardiner

Approval of the Minutes (301)

City Clerk Morreale stated that a member of the audience (Lenee Bilski) had submitted a suggested change to the Minutes of June 19, 2007.  She stated that on Page 8 under the item titled Amendment to Revision BB to the Trump National Golf Course, in the fifth paragraph, Ms. Bilski had suggested changing the words “the permit” to “the request for a permit.”

Mayor Pro Tem Stern moved, seconded by Mayor Long, to adopt the Minutes of June 19, 2007, as amended.

Without objection, Mayor Long so ordered.

EMERGENCY STORM DRAIN PROJECT:

Mossbank Storm Drain Rehabilitation (1204 x 604)
  
Reviewed and reconfirmed by a four/fifths (4/5) vote, the Council’s previous action on August 21, 2007, authorizing staff to proceed with emergency repairs to the Mossbank Drive storm drain.

OTHER CONSENT CALENDAR ITEMS:

Motion to Waive Full Reading

Adopted a motion to waive reading in full of all ordinances presented at this meeting with consent of the waiver of reading deemed to be given by all Council Members after the reading of the title.

Approval of the Minutes (301)

Approved the Minutes of the June 19, 2007 Special/Regular Meeting, as amended, the July 3, 2007 Special Meeting, and the July 3, 2007 Regular Meeting.

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.

First Amended and Restated Agreement between the City and the Palos Verdes Bay Club (604 x 1204 x 450)

Approved the revised agreement between the City of Rancho Palos Verdes and the Palos Verdes Bay Club.

Professional Engineering Services to Upgrade Existing Sidewalks and Curb Ramps at City Hall to Comply with Disabled Accessibility Requirements (1405)

1) Awarded professional engineering services to upgrade existing sidewalks and curb ramps at City Hall to comply with disabled accessibility requirements to Willdan Associates, Inc., in the amount of $23,715 and authorized the expenditure of up to $2,000 for possible extra work, for a total authorization of $25,715; and, 2) Authorized the Mayor and City Clerk to execute a contract with Willdan Associates, Inc.

Notice of Completion, Via Rivera Traffic Calming Project (1204 x 1502)

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, 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, to Sequel Contractors, Inc. 35 days after recordation of the Notice of Completion by the County Recorder contingent upon no claims being filed on the project.

Approval of Membership in the California JPIA for the Coastal Animal Control Services Authority in Orange County (902)

Authorized Mayor Long, as the City Council’s delegate to the California Joint Powers Insurance Agency, to vote in favor of the Coastal Animal Control Services Authority in Orange County being accepted as a new member.

Adoption of the Sewer System Management Plan (SSMP) and Development Schedule (1204 x 1402)

Authorized the approval of the Sewer System Management Plan (SSMP) and Development Schedule for sewer management programs by the Director of Public Works or the City’s authorized representative.

Register of Demands  

ADOPTED RESOLUTION NO. 2007-109, 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.

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PUBLIC HEARINGS:

General Plan Amendment, Zone Change, Environmental Assessment, Height Variation and Site Plan Review Case No. ZON2007-00134 (3324 Seaclaire Drive) (1203 x 1802)

City Clerk Morreale reported that notice of the public hearing was duly published, written protests had been included in the late correspondence distributed prior to the meeting, and there was one request to speak on the item.  

Assistant Planner Kim gave a brief staff report and PowerPoint presentation.  Assistant Planner Kim and Director Rojas provided clarification on the height and veneer of the residence; replacement versus reconstruction of an existing home in the Open Space Hazard Zone; the request to add square footage to the residence; the need for a geology related review of the proposed change to the Open Space Hazard Zoning boundary line; issues related to view impairment; and, the origin and the validity of the open hazard determination.

Mayor Long declared the public hearing open.

Lisa Vavic, applicant, Rancho Palos Verdes, explained her understanding of the open hazard land designation and noted that the area was geologically stable for the proposed project.

Mayor Long declared the public hearing closed.

Mayor Pro Tem Stern moved, seconded by Councilman Clark, to adopt the staff recommendation.

City Attorney Lynch read into the record typographical corrections to be made to Section 5 of the first resolution approving the Negative Declaration; Section 5 of the Ordinance; and, noted that staff would amend the map slightly to clarify that the entire area from the street to the proposed boundary line would be within the proposed RS-2 Zone.

Mayor Pro Tem Stern and Councilman Clark agreed to incorporate the modifications into the motion.

Mayor Pro Tem Stern moved, seconded by Councilman Clark, to 1) ADOPT RESOLUTION NO. 2007-110, AS AMENDED, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, THEREBY ADOPTING A NEGATIVE DECLARATION FOR THE PROPOSED PROJECT; 2) INTRODUCE ORDINANCE NO. 464, AS AMENDED, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, AMENDING THE ZONING MAP OF THE CITY OF RANCHO PALOS VERDES; AND, 3) ADOPT RESOLUTION NO. 2007-111, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, THEREBY APPROVING A HEIGHT VARIATION AND SITE PLAN REVIEW TO ALLOW THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE TO REPLACE THE EXISTING SINGLE FAMILY RESIDENCE AT 3324 SEACLAIRE DRIVE.

The motion carried on the following roll call vote:

AYES:            Clark, Stern, Wolowicz, and Mayor Long
NOES:           None
ABSENT:      Gardiner

Revision “HH” to the Trump National Golf Course Project – Extension to the Opening of the Driving Range (1411)

City Clerk Morreale reported that notice of the public hearing was duly published, written protests had been included in the late correspondence distributed prior to the meeting, and there was one request to speak on the item.  

Deputy Planning Director Pfost provided a summary staff report.

Council and staff discussed the reason for Mr. Trump’s reversal of his position regarding the geology related issues; future plans for Clubhouse expansion; Council’s frustration with multiple project extensions; and, the Council’s ability to grant an extension to the opening of the driving range without making findings regarding the ficus trees on the Trump National property.

Mayor Long declared the public hearing open.

Mike Vandergoes, General Manager, Trump National Golf Club, reported that the City gained tax revenue in granting the extension to the opening of the driving range and explained that the request for a six month extension was necessary to resolve the remaining geotechnical issues.  He indicated that the Trump Organization wanted to focus on the issues surrounding the ficus trees at the December 4, 2007 Council meeting.

Mayor Pro Tem Stern asserted that the ficus trees were planted without approval, the Trump Organization was lucky to have had any extension on that issue, and he would not support a six month continuance.

Mayor Long declared the public hearing closed.

City Attorney Lynch read into the record a proposed change to the resolution and clarified that granting an extension to the opening of the driving range would not be considered approval of the ficus trees that were planted on the driving range without prior City approval, which are the subject of an additional application pending before the City Council.

Mayor Pro Tem Stern moved, seconded by Councilman Clark, to 1) ADOPT RESOLUTION NO. 2007-112, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING ADDENDUM NO. 29 TO ENVIRONMENTAL IMPACT REPORT NO. 36; and 2) ADOPT RESOLUTION NO. 2007-113, AS AMENDED, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING GRADING PERMIT NO. 1541 TO ALLOW AN EXTENSION TO THE OPERATION OF THE DRIVING RANGE TO DECEMBER 4, 2007.

The motion carried on the following roll call vote:

AYES:            Clark, Stern, Wolowicz, and Mayor Long
NOES:           None
ABSENT:      Gardiner

RECESS AND RECONVENE:

Mayor Long called a brief recess from 8:38 P.M. to 8:51 P.M.

PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:

REGULAR NEW BUSINESS:

Primary Donor Recognition Site at Del Cerro Park and Other Secondary Recognition Sites within the City’s Preserve (602 x 1201)

This item was removed from the agenda per the request of staff and the Palos Verdes Land Conservancy.

Southern California Edison (SCE) Requests Relief from Pavement Patching Requirements (1404 x 1601)

Public Works Director Bell provided a summary of the staff report and clarification for the Council.

Scott Gobble, Southern California Edison (SCE), requested a one-time variance on the City’s street repair requirements due to a unique situation.  He indicated that SCE was not seeking to set a precedent with this request and that the type of road repair used would last longer than the 20-year life of the street. 

Council discussion included how the City would differentiate between one-time requests from SCE and Cox, concerns with maintaining the City’s roads standards, the liabilities  connected to granting a variation, and concerns with the action setting a precedent.

Councilman Wolowicz moved, seconded by Mayor Pro Tem Stern, to deny the request from SCE to reduce pavement patch requirements applicable to the Via Victoria area pavement repairs associated with underground power installation, as it pertains to pavement patches in the public right-of-way.

The motion carried on the following roll call vote:

AYES:            Clark, Stern, Wolowicz, and Mayor Long
NOES:           None
ABSENT:      Gardiner

City Council Meeting Schedule (307)

Deputy City Manager Petru presented a summary staff report.

Councilman Clark moved, seconded by Councilman Wolowicz, to 1) Cancel the regular City Council meeting of Wednesday, November 7, 2007, in light of the fact that an adjourned regular meeting is scheduled for Saturday, November 10, 2007; and, 2) Cancel the regular City Council meeting of Wednesday, January 2, 2008, but schedule an adjourned regular meeting for the fifth Tuesday of that month, January 29, 2008.

The motion carried on the following roll call vote:

AYES:            Clark, Stern, Wolowicz, and Mayor Long
NOES:           None
ABSENT:      Gardiner

Annual Holiday Reception (305 x 307)

Councilman Wolowicz moved, seconded by Mayor Pro Tem Stern, to select December 3, 2007 for the 2007 City Holiday Reception at the Point Vicente Interpretive Center.

Without objection, Mayor Long so ordered.

Mayor’s Appointment to Council Committee – Channel 33 Cable TV (106)

Mayor Pro Tem Stern moved, seconded by Councilman Clark, to approve the appointment of Councilman Wolowicz to serve on the Channel 33 Cable TV standing committee. 

Without objection, Mayor Long so ordered.

CITY COUNCIL ORAL REPORTS:

Councilman Wolowicz reported attending the League of Women Voters’ Storm Drain User Fee Forum with Mayor Long on October 8, 2007.

Mayor Long noted that he also attended the League of Women Voters’ Storm Drain User Fee Forum with Councilman Wolowicz on October 8, 2007.  

Councilman Clark thanked and complimented staff for the tremendous service they have provided for the community and Council, and noted that their work often goes unrecognized. 

Mayor Long and Council agreed with the positive assessment of staff.

COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS:

Councilman Clark stated that he would like a policy to address conflicts of interest with respect to Channel 33 in all forms placed on an agenda as soon as possible.

City Attorney Lynch noted staff was planning an item addressing that matter on the November 20, 2007 agenda.

Councilman Wolowicz suggested keeping the agenda light for December 4, 2007 due to the tendency for the first meeting in December to be a lengthy one.

Mayor Long assured Councilman Wolowicz that he and the City Manager would use careful consideration in setting the agenda for December 4, 2007.    

CLOSED SESSION REPORT: 

City Attorney Lynch reported that there was no Closed Session held due to a lack of new information to share with Council regarding the potential purchase of the Filiorum property.

 

ADJOURNMENT:

Councilman Clark moved to adjourn.

Mayor Long adjourned the meeting at 9:23 P.M.

 

                                                                                                            /s/ Douglas W. Stern
                                                                                                                       Mayor

Attest:

 

/s/ Carla Morreale
      City Clerk