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CC MINS 20110405 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING APRIL 5, 2011 The meeting was called to order at 7:02 P.M. by Mayor Long at Fred Hesse Community Park, 29301 Hawthorne Boulevard. City Council roll call was answered as follows: PRESENT: Campbell, Misetich, Wolowicz, and Mayor Long ABSENT: Stern (excused) Also present were Carolyn Lehr, City Manager; David Snow, Assistant City Attorney; Joel Rojas, Community Development Director; Dennis McLean, Director of Finance/Information Technology (IT); Tom Odom, Director of Recreation and Parks/Deputy Director of Public Works; Nicole Jules, Senior Engineer; Leza Mikhail, Associate Planner; Andy Winje, Associate Engineer; Katie Howe, Administrative Analyst II; and Carla Morreale, City Clerk. Also present were the following: Destin and Neil Blais, Blais and Associates. FLAG SALUTE: The Flag Salute was led by Assistant City Attorney Snow. MAYOR'S ANNOUNCEMENTS: None. RECYCLE DRAWING: Mayor Long announced Recyclers of the Month from the March 25, 2011 City Council meeting: Lita Jacoste and F.G. Salazar. 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: Councilman Wolowicz moved, seconded by Councilman Campbell, to approve the agenda, as presented. Without objection, Mayor Long so ordered. City Council Minutes April 5, 2011 Page 1 of 9 PUBLIC COMMENTS: Bill Orton, representative of Senator Roderick Wright, Rancho Palos Verdes, provided a brief statement regarding Senator Wright's recent actions at the State level regarding Redevelopment Agencies and the State budget. CITY MANAGER REPORT: None. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that there was late correspondence distributed prior to the meeting on Item Nos. 2, 3, and 10; and there was one request to speak regarding Item No. 2 (Border Issues Status Report). Mayor Long noted that since there was a request to speak on Item No. 2, it would follow immediately after the Consent Calendar. Mayor Pro Tem Misetich requested that Item No. 3 (Mountains Recreation & Conservation Authority Contract Renewal) and Item No. 5 (2010 Annual Report on the Implementation of the Rancho Palos Verdes General Plan) be removed from the Consent Calendar. Councilman Wolowicz moved, seconded by Mayor Long, to approve the Consent Calendar with Item No. 2 to follow immediately after the Consent Calendar and Item Nos. 3 and 5 to follow after Regular Business. The motion passed on the following roll call vote: AYES: Campbell, Misetich, Wolowicz, and Mayor Long NOES: None ABSENT: Stern 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. Border Issues Status Report City Council Minutes April 5, 2011 Page 2 of 9 This item was removed from the Consent Calendar for separate consideration. Mountains Recreation & Conservation Authority Contract Renewal This item was removed from the Consent Calendar for separate consideration. Adoption of Ordinance No. 518 —A Code Amendment to Implement Certain Programs Identified in the City's Housing Element (Case No. ZON2010-00183)/ Citywide ADOPTED ORDINANCE NO. 518, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, AMENDING TITLE 17 (DEVELOPMENT CODE) OF THE CITY'S MUNICIPAL CODE, TO ESTABLISH REASONABLE ACCOMMODATIONS PROCEDURES FOR INDIVIDUAL WITH DISABILITIES, TO ESTABLISH STANDARDS FOR SINGLE-ROOM OCCUPANCY FACILITIES, TO IDENTIFY A ZONE IN WHICH EMERGENCY SHELTERS ARE A PERMITTED USE, AND TO ESTABLISH PROCEDURES FOR THE DEVELOPMENT OF TRANSITIONAL AND SUPPORTIVE HOUSING (CASE NO. ZON2010-00183. 2010 Annual Report on the Implementation of the Rancho Palos Verdes General Plan This item was removed from the Consent Calendar for separate consideration. Establish Permit Parking on Various Streets in the Rolling Hills Riviera Neighborhood ADOPTED RESOLUTION NO. 2011-15, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ESTABLISHING PERMIT PARKING ON VARIOUS STREETS IN THE ROLLING HILLS RIVIERA NEIGHBORHOOD. Contribution to League of California Cities Redevelopment Agency Legal Defense Fund Authorized City contribution of$200 to League of California Cities to support potential legal action contesting Governor Brown's proposed statewide elimination of Redevelopment Agencies. Claim Against the City by AT&T Mobility Rejected the portion of the claim that is timely and directed staff to notify the claimant. February 2011 Monthly Report of Cash Balances City Council Minutes April 5, 2011 Page 3 of 9 Received and filed the February 2011 Monthly Report of Cash Balances for the City of Rancho Palos Verdes. Register of Demands ADOPTED RESOLUTION NO. 2011-16, 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. # # # # # # ITEM REMOVED FROM THE CONSENT CALENDAR: Border Issues Status Report As there was no request for a staff report, Mayor Long called for the speakers regarding this item. Tana Frazier, San Pedro Peninsula Homeowners United, Rancho Palos Verdes, requested that the Council direct Planning staff to send a letter prepared by the San Pedro Peninsula Homeowners United organization to Senators Boxer and Feinstein regarding further investigation into the hazards of the tanks at Rancho LPG Holdings facility, located in San Pedro and adjacent to Rancho Palos Verdes. Councilman Wolowicz moved, seconded by Councilman Campbell, to receive and file the report. Without objection, Mayor Long so ordered. PUBLIC HEARINGS: Code Amendment to Eliminate Temporary Special Event Banner Sign Program in the City's Right-of-Way City Clerk Morreale reported that notice of the public hearing was duly published and written protests included in the staff report, late correspondence was distributed prior to the meeting, and there was one request to speak on the matter. Mayor Long declared the public hearing open. There was no request for a staff report. City Council Minutes April 5, 2011 Page 4 of 9 John Freeman, Pacific View Homeowners Association, Rancho Palos Verdes, stated that there are two issues to be considered: the need for non-profit organizations to advertize their events and the requirement of the City's General Plan to conserve, protect and enhance our natural resources, including parks. He suggested several alternate locations for the placement of temporary signs, so that parks could be protected from sign pollution and possible traffic safety concerns. Councilman Wolowicz moved, seconded by Councilman Campbell, to approve the staff recommendation to continue the public hearing to the May 17, 2011 Council meeting. Without objection, Mayor Long so ordered. Request to Eliminate a 1991 Condition of Approval, Thereby Allowing New Railing to Remain at the Perimeter of an Existing Deck for the Property Located at 28105 Golden Meadow (Case No. ZON2010-00386) City Clerk Morreale reported that notice of the public hearing was duly published and written protests included in the staff report, late correspondence was distributed prior to the meeting, and there were four requests to speak regarding the item. Mayor Long declared the public hearing open. Associate Planner Mikhail provided a staff report regarding the application for Council's consideration requesting the elimination of a 1991 condition of approval, thereby allowing a new railing to remain at the perimeter of an existing deck for the property located at 28105 Golden Meadow. Staff's recommendation was to uphold the 1991 condition of approval, thereby requiring the applicant to move the deck railing to meet the original condition of approval. Discussion ensued between Council Members and staff. Silvio Orlando, applicant, Rancho Palos Verdes, stated that he is seeking a revision to the replacement of the deck railing to prevent future damage to their home. He noted that the previous location of the deck railing caused over $70,000 of water damage involving the deck, the interior family room ceiling, and the outside wall on the south side of the home. He reported that plans were approved and the work permitted and inspected; stated that there were errors made by the Building Department as explained in the staff report; and, opined that there were no privacy issues from the deck since the view into the neighbor's yard from the deck was the same as the view from his yard. Winston Chang, Palos Verdes Estates, stated that he reviewed the staff report and was in support of staffs recommendation to require the applicant to relocate the deck railing from the perimeter of the roof deck to the location approved in 1991, which is 10 feet from the edge of the roof deck. He noted that his main concerns were due to privacy City Council Minutes April 5, 2011 Page 5 of 9 and view issues of his home from the deck. He commented on the challenges of waterproofing issues and the design of roof decks based on load factors which could impact safety. Ronald Buss, Palos Verdes Estates, provided background on the original approval of the roof deck as he was a co-applicant in the matter. He stated that the privacy issue was discussed a great deal at that time of the original deck approval and the decision made regarding the placement of the railing based on the criteria of view corridors and privacy issues. He commented on the deck balcony extending over existing utility easements. Discussion ensued between Council Members and staff. Mayor Pro Tem Misetich moved, seconded by Mayor Long, to grant the application sought by the property owner. Councilman Campbell moved a substitute motion, seconded by Councilman Wolowicz, to approve the staff recommendation. Assistant City Attorney Snow suggested that the applicant be offered a rebuttal opportunity if he so desired. Silvio Orlando, applicant, Rancho Palos Verdes, in rebuttal stated that regarding the privacy issue, the view into the bedrooms is better from the first floor of his home than from the deck, which he noted was demonstrated in the photos he provided. He commented on the construction and engineering of the deck and the questions raised regarding property values. Mayor Long declared the public hearing closed. The substitute motion failed on the following roll call vote: AYES: Campbell and Wolowicz NOES: Misetich and Mayor Long ABSENT: Stern The initial motion failed on the following roll call vote: AYES: Misetich and Mayor Long NOES: Campbell and Wolowicz ABSENT: Stern Councilman Campbell moved, seconded by Mayor Long, to continue the public hearing to a date when all Council Members will be present. City Council Minutes April 5, 2011 Page 6 of 9 Without objection, Mayor Long so ordered. REGULAR NEW BUSINESS: Certification of Election City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding this item. There was no request for a staff report. Mayor Pro Tem Misetich moved, seconded by Councilman Campbell, to approve the staff recommendation to: ADOPT RESOLUTION NO. 2011-17, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, RECITING THE FACTS OF THE SPECIAL MUNICIPAL ELECTION HELD IN SAID CITY ON MARCH 8, 2011, DECLARING THE RESULTS THEREOF AND SUCH OTHER MATTERS AS PROVIDED BY LAW. The motion passed on the following roll call vote: AYES: Campbell, Misetich, Wolowicz, and Mayor Long NOES: None ABSENT: Stern San Ramon Project-- California Storm Water Flood Management Grant Associate Engineer Winje provided a brief introduction to the California Storm Water Flood Management Grant application for the San Ramon Project. Destin Blais, Grant Writer, Blais & Associates, provided an overview of the process regarding the grant application for the San Ramon Canyon Project. Neil Blais, Blais &Associates, provided details regarding the economic benefit cost analysis portion of the grant application that was submitted for the San Ramon Canyon Project. Destin Blais, Blais & Associates, provided concluding remarks regarding letters of support that they have sought from Legislators and noted that this type of grant was unusual at the proposed level of funding level and emphasized the importance of seeking this particular grant. Ms. Blais also introduced Lead Grant Writer Andrea Owen to the Council. By acclamation, Council received the oral report and took no further action. City Council Minutes April 5, 2011 Page 7 of 9 RECESS AND RECONVENE: Mayor Long called a brief recess from 8:46 P.M. to 8:54 P.M. ADDITIONAL ITEMS REMOVED FROM THE CONSENT CALENDAR: Mountains Recreation & Conservation Authority Contract Renewal Mayor Long reported that Mayor Pro Tern Misetich requested this item be removed from the agenda for separate consideration. City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding this item. Director of Recreation and Parks Odom provided a brief staff report regarding the item and an explanation of the late correspondence item regarding recent negotiations of the agreement to phase in the increases in the contract over a three year period. Discussion ensued between Council Members and staff. Councilman Campbell moved, seconded by Mayor Long, to approve the renegotiated 3-year agreement, as amended, in the amount of$527,767 with the Mountains Recreation and Conservation Authority for park ranger services. The motion passed on the following roll call vote: AYES: Campbell, Misetich, Wolowicz, and Mayor Long NOES: None ABSENT: Stern 2010 Annual Report on the Implementation of the Rancho Palos Verdes General Plan City Clerk Morreale reported this item was removed from the Consent Calendar by Mayor Pro Tern Misetich. Community Development Director Rojas provided a brief staff report regarding this item. Discussion ensued between Council Members and staff. Mayor Pro Tern Misetich moved, seconded by Councilman Campbell, to adopt staff recommendation to direct Staff to forward the City's Annual Progress Report on the implementation of the Rancho Palos Verdes General Plan in calendar year 2010 to the City Council Minutes April 5, 2011 Page 8 of 9 State Governor's Office of Planning and Research and to the Department of Housing and Community Development. The motion passed on the following roll call vote: AYES: Campbell, Misetich, Wolowicz, and Mayor Long NOES: None ABSENT: Stern CITY COUNCIL ORAL REPORTS: Each of the Council Members present reported on his attendance at various organization and association meetings since the last City Council Oral Reports were provided on March 15, 2011. ADJOURNMENT: At 9:28 P.M., Mayor Long adjourned the meeting. I Mayor Attest: City Clerk W:\City Council Minutes\2011\20110405 CC MINS.doc City Council Minutes April 5, 2011 Page 9 of 9