CC MINS 20110419 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
APRIL 19, 2011
The meeting was called to order at 7:01 P.M. by Mayor Pro Tem Misetich at Fred Hesse
Community Park, 29301 Hawthorne Boulevard.
City Council roll call was answered as follows:
PRESENT: Stern, Wolowicz, and Mayor Pro Tem Misetich
ABSENT: Campbell (arrived at 7:35 P.M) and Long (excused)
Also present were Carolyn Lehr, City Manager; Carolynn Petru, Deputy City Manager;
Carol Lynch, City Attorney; Dennis McLean, Director of Finance/Information Technology
(IT); Joel Rojas, Community Development Director; Tom Odom, Director of Recreation
and Parks/Deputy Director of Public Works; Eduardo Schonborn, Senior Planner; Leza
Mikhail, Associate Planner; and Carla Morreale, City Clerk.
FLAG SALUTE:
The Flag Salute was led by Ken Dyda.
MAYOR'S ANNOUNCEMENTS:
Mayor Pro Tem Misetich announced the recent recipients of the Clean Bay Restaurant
Certification in the City of Rancho Palos Verdes.
RECYCLE DRAWING:
Mayor Pro Tem Misetich announced Recyclers of the Month from the April 5, 2011 City
Council meeting: Jayne Mahtani and Keith Harter. 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 Stern, to approve the amended
agenda, as presented.
Without objection, Mayor Pro Tern Misetich so ordered.
PUBLIC COMMENTS:
Lynn Swank, Rancho Palos Verdes, stated that the City recently received notification
City Council Minutes
April 19, 2011
Page 1 of 11
from the California State Parks Office of Grants and Local Services (OGALS) that the
City's grant request for the Abalone Cove Nature Education Center was denied. She
noted that the City's submittal of the grant application raised concerns with many
residents which resulted in the formation of a group called Save Our Shoreline to voice
their opinions and oppose the City's grant application. She urged the Council to
encourage City staff and residents to work together on plans approved by the City
Council, including improvements to Abalone Cove, infrastructure improvements,
volunteer labor for trails and habitat restoration, and fund raising for other
improvements.
CITY MANAGER REPORT:
Councilman Stern reported that he understood Councilman Campbell had requested an
item be reported under the City Manager's Report and suggested that item be heard
after Councilman Campbell's arrival.
Mayor Pro Tem Misetich suggested that the City Manager's Report be deferred until
Councilman Campbell was present.
Without objection, Mayor Pro Tem Misetich so ordered.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that there was late correspondence distributed prior to the
meeting regarding Item Nos. 6 and 8; and there was one request to speak regarding
Item No. 6 (Award of Contract for the Preparation of Mitigated Negative Declarations for
the Proposed Improvement Plans for Grandview Park and Lower Hesse Park).
Councilman Wolowicz moved, seconded by Councilman Stern, to approve the Consent
Calendar with Item No. 6 to follow immediately after the Consent Calendar.
City Clerk Morreale reported that the motion included the Introduction of Ordinance
No. 520, an Ordinance of the City of Rancho Palos Verdes, amending Section 8.32.010
of Chapter 8.32 of Title 8 of the Rancho Palos Verdes Municipal Code and adopting by
reference the current version of the Los Angeles County Public Health Licenses
Regulations as codified in Division 1 of Title 8 of the Los Angeles County Code.
The motion passed on the following roll call vote:
AYES: Stern, Wolowicz, and Mayor Pro Tem Misetich
NOES: None
ABSENT: Campbell and Long
City Council Minutes
April 19, 2011
Page 2 of 11
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 Minutes
Approved the Minutes of the March 15, 2011 Regular Meeting and the March 29, 2011
Adjourned Regular Meeting.
FY09-10 Single Audit Report
Received and filed the Single Audit of Federally Assisted Grant Programs dated June
30, 2010 ("Single Audit Report").
Right of Way Certification for Federally Funded Projects
ADOPTED RESOLUTION NO. 2011-18, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, AUTHORIZING THE CITY MANAGER AND
THE DIRECTOR OF PUBLIC WORKS TO EXECUTE RIGHT-OF-WAY
CERTIFICATIONS FOR FEDERALLY FUNDED PROJECTS WITH THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION.
Accounting System Software Selection Services Contract
Approved the agreement with the Government Finance Officers Association (GFOA) for
accounting system software selection services.
Award of Contract for the Preparation of Mitigated Negative Declarations for the
Proposed Improvement Plans for Grandview Park and Lower Hesse Park
This item was removed from the Consent Calendar for separate consideration.
Ordinance to Amend Section 8.32.010 of Chapter 8.32 of the Rancho Palos Verdes
Municipal Code to incorporate new County requirements relating to Letter
Grading, Route Location Disclosure and Annual Certification of Mobile Food
Facilities
1) Read by title only and INTRODUCED ORDINANCE NO. 520, AN ORDINANCE OF
THE CITY OF RANCHO PALOS VERDES, AMENDING SECTION 8.32.010 OF
CHAPTER 8.32 OF TITLE 8 OF THE RANCHO PALOS VERDES MUNICIPAL CODE
AND ADOPTING BY REFERENCE THE CURRENT VERSION OF THE LOS
ANGELES COUNTY PUBLIC HEALTH LICENSES REGULATIONS AS CODIFIED IN
DIVISION 1 OF TITLE 8 OF THE LOS ANGELES COUNTY CODE; and, 2) Set a public
City Council Minutes
April 19, 2011
Page 3 of 11
hearing on the adoption of the County Code provisions for the Regular City Council
meeting on May 17, 2011.
Management of Rentals at Founders Park
Approved the 18-month agreement, as amended, with VH Properties (Trump National
Golf Club) for management services for rentals at Founders Park.
Register of Demands
ADOPTED RESOLUTION NO. 2011-19, 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:
Award of Contract for the Preparation of Mitigated Negative Declarations for the
Proposed Improvement Plans for Grandview Park and Lower Hesse Park
Mayor Pro Tem Misetich reported that Councilman Campbell wanted to be present for
the discussion of this item and suggested the deferral of this item until after the arrival of
Councilman Campbell.
Councilman Wolowicz moved, seconded by Councilman Stern, to discuss Item No. 6
to be followed by the City Manager's Report immediately after the arrival of Councilman
Campbell.
Without objection, Mayor Pro Tem Misetich so ordered.
PUBLIC HEARINGS:
Tract Map Amendment Regarding a Trail Easement at 6270 Ocean Terrace Drive
(Case No. SUB2010-00003)
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 two requests to speak on the matter.
Mayor Pro Tem Misetich declared the public hearing open.
Senior Planner Schonborn provided a brief staff report regarding the item.
City Council Minutes
April 19, 2011
Page 4 of 11
Minaz Ahamed, Rancho Palos Verdes, stated that he and staff have been working
together to resolve this case and requested a reduction in the required payment for the
use of the City's easement.
Sunshine, Rancho Palos Verdes, stated that the trail under discussion has never been
in the easement; noted that it makes sense that the City should own the property where
the trail is located; and opined that the funds paid by the applicant should be earmarked
for a trail improvement project in the City.
Mr. Ahamed declined the offer for a rebuttal.
Mayor Pro Tem Misetich declared the public hearing closed.
Discussion ensued between Council Members and staff.
Councilman Wolowicz moved, seconded by Councilman Stern, to approve the staff
recommendation to: 1) Accept the payment of$28,000 to allow the property owner at
6270 Ocean Terrace to convert a portion of an existing public trail easement on their
property to a restricted use easement area that would allow them to use the converted
easement area for limited private improvements; and, 2) ADOPT RESOLUTION NO.
2011-20, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, APPROVING A TRACT MAP AMENDMENT THAT WOULD:
A) REPLACE A PORTION OF AN EXISTING TRAIL EASEMENT LOCATED AT 6270
OCEAN TERRACE WITH A RESTRICTED USE EASEMENT; B) ALLOW LIMITED
LANDSCAPING, IMPROVEMENTS AND A FENCE/WALL UP TO A MAXIMUM
HEIGHT OF 6-FEET WITHIN THE RESTRICTED USE EASEMENT AREA;
C) ESTABLISH A 30-FOOT STRUCTURE SETBACK FROM THE REAR PROPERTY
LINE TO REPLACE THE EXISTING 15-FOOT STRUCTURE SETBACK THAT IS
MEASURED FROM THE EDGE OF THE 15-FOOT WIDE TRAIL EASEMENT; AND,
D) ALLOW CONSTRUCTION OF A TRELLIS SUN SHADE STRUCTURE ALONG THE
REAR OF THE RESIDENCE LOCATED AT 6270 OCEAN TERRACE THAT WOULD
MAINTAIN A 20-FOOT SETBACK FROM THE REAR PROPERTY LINE.
The motion passed on the following roll call vote:
AYES: Stern, Wolowicz, and Mayor Pro Tem Misetich
NOES: None
ABSENT: Campbell and Long
RECESS AND RECONVENE:
Mayor Pro Tem Misetich called a brief recess from 7:26 P.M. to 7:35 P.M.
Councilman Campbell arrived at 7:35 p.m. at the conclusion of the recess.
City Council Minutes
April 19, 2011
Page 5 of 11
Award of Contract for the Preparation of Mitigated Negative Declarations for the
Proposed Improvement Plans for Grandview Park and Lower Hesse Park
Senior Planner Schonborn provided a brief staff report regarding this item.
Discussion ensued between Council Members and staff.
Ken Dyda, Rancho Palos Verdes, stated that there were several high priority projects
that need to be funded in the near future and suggested that Council consider deferring
this project until the City's finances are more certain regarding upcoming projects.
John Bellas, Willdan Consulting, City of Industry, introduced himself and noted that he
was present if there were any questions from the City Council.
Councilman Wolowicz moved, seconded by Councilman Stern, to approve the staff
recommendation to: Authorize the Mayor and the City Clerk to sign a professional
services agreement with Willdan Engineering, to prepare Mitigated Negative
Declarations (MNDs) for the proposed Grandview Park and Lower Hesse Park
Improvement Projects in the amount of$132,779, and provide for a 5% (i.e., $6,639)
contingency allowance should the need arise for additional technical studies and work.
The motion passed on the following roll call vote:
AYES: Campbell, Stern, Wolowicz, and Mayor Pro Tem Misetich
NOES: None
ABSENT: Long
CITY MANAGER REPORT:
City Manager Lehr provided an update on Public Records Act (PRA) Requests received
since January 2011. She noted that the City Clerk's Log of Public Records Requests
would be included monthly in the Weekly Report.
Discussion ensued between Council Members and staff.
Councilman Campbell moved, seconded by Councilman Stern, to direct staff to track
the approximate cost associated with the production of documents for each of the PRA
requests and include the information in the City Clerk's Log of Public Records
Requests, which will be included once a month in the Weekly Report.
Sharon Yarber, Rancho Palos Verdes, stated that she has been a major contributor to
the increase in the PRA requests based on statements by Council and staff;
commented on the specific requests she has made; and redaction of materials she has
received in response to her requests for information.
City Council Minutes
April 19, 2011
Page 6 of 11
The motion passed on the following roll call vote:
AYES: Campbell, Stern, Wolowicz, and Mayor Pro Tem Misetich
NOES: None
ABSENT: Long
Director of Recreation and Parks Odom provided an overview and PowerPoint
presentation regarding the City's Park Ranger Program and activities in the Palos
Verdes Nature Preserve; and announced upcoming Recreation & Parks activities and
events for the months of April through July 2011.
PUBLIC HEARINGS: (CONTINUED)
Appeal of the Planning Commission's Approval of an Extreme Slope Permit and
Site Plan Review for Proposed Additions to the Existing Residence Located at 21
Cayuse Lane (Case No. ZON2009-00108)
City Clerk Morreale reported that notice of the public hearing was duly published and
written protests included in the staff report and late correspondence which was
distributed prior to the meeting, and there were four requests to speak regarding the
item.
Mayor Pro Tem Misetich declared the public hearing open.
Associate Planner Mikhail provided a staff report regarding this item.
Discussion ensued between Council Members and staff.
Steve Wohn, attorney for the appellants Rosemarie and Hazel DeSanto, Redondo
Beach, stated that the main issue for consideration was if the lot at 21 Cayuse Lane
was a sloping lot or not, and if a Height Variation Permit process was necessary for the
proposed additions to the home due to the configuration of the lot. He stated that the
further scrutiny of the project should be considered, since the view of the appellant will
be affected by the proposed improvements to the applicant's property. He concluded
that there has been a long history in the City of protecting views of property owners.
Mark Van der Zalm, applicant, Rancho Palos Verdes, stated that they have the results
of a survey of their property at 21 Cayuse Lane which demonstrates that the lot is a
sloping lot and not a flat pad lot.
Sunshine, Rancho Palos Verdes, stated that she understood staff should assist
applicants with the design of new construction or additions to their homes in order to
minimize the impact on the views of neighboring properties.
City Council Minutes
April 19, 2011
Page 7 of 11
Steve Wohn, rebutted for the appellant, that there were different ways to measure the
slope and elevations on a property and that the additions to the home will be creating
three stories to the home, and that the proposed additions will make this the largest
home in size and bulk in the area. He reported that the appellant desired the
opportunity to address the slope issue through the Height Variation Permit process and
noted concern with the impact on the appellant's view.
Mark Van der Zalm, applicant, rebutted that there was no portion of the design of the
proposed additions in which there were three levels to the structure, but instead that the
existing two story structures will be connected together in a natural sloping manner. He
commented on the existing square footage of the home and the effort taken in the new
design to make the currently unusable areas of the home able to be used as habitable
space.
Discussion ensued between Council Members and staff.
Councilman Stern moved, seconded by Councilman Wolowicz, to: 1) Uphold the
Planning Commission decision to deny the appeal; and, 2) ADOPT RESOLUTION NO.
2011-21, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, THEREBY UPHOLDING THE PLANNING COMMISSION'S
DECISION AND CONDITIONALLY APPROVING THE REQUESTED SITE PLAN
REVIEW AND EXTREME SLOPE PERMIT AT 21 CAYUSE LANE (CASE NO.
ZO N 2009-00108).
Mayor Pro Tem Misetich declared the public hearing closed.
The motion passed on the following roll call vote:
AYES: Campbell, Stern, Wolowicz, and Mayor Pro Tem Misetich
NOES: None
ABSENT: Long
Mayor Pro Tem Misetich noted that Senator Roderick Wright had joined the audience
and invited him to say a few words.
Senator Wright thanked the Council for its support on issues proposed by Governor
Brown regarding Redevelopment Agencies recently presented at the State Legislature
at Sacramento.
RECESS AND RECONVENE:
Mayor Pro Tem Misetich called a brief recess from 8:57 P.M. to 9:06 P.M.
City Council Minutes
April 19, 2011
Page 8 of 11
REGULAR NEW BUSINESS:
Implementation of Governmental Accounting Standards Board Statement No. 54
Director of Finance/IT McLean provided a brief staff report regarding the item.
Councilman Wolowicz moved, seconded by Councilman Stern, to approve staff
recommendation to: 1) ADOPT RESOLUTION NO. 2011-22, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ADOPTING CITY
COUNCIL POLICY NO. 41, RESERVE POLICIES; 2) Assign the entire amount of the
Capital Improvement Projects fund balance for the design and construction of future
infrastructure improvement projects; and, 3) Close the Utility Undergrounding, Roadway
Beautification and RPV TV funds, and direct the transfer of the entire amount of each
respective fund balance into the General Fund prior to June 30, 2011.
The motion passed on the following roll call vote:
AYES: Campbell, Stern, Wolowicz, and Mayor Pro Tem Misetich
NOES: None
ABSENT: Long
City Initiated Amendment to the Recently Adopted Ordinance Regarding
Adjustment of the Landslide Moratorium Boundary Line
City Attorney Lynch provided a brief staff report regarding the item.
Councilman Campbell moved, seconded by Councilman Stern, to approve the staff
recommendation to: INTRODUCE ORDINANCE NO. 521, AN ORDINANCE OF THE
CITY OF RANCHO PALOS VERDES, AMENDING THE PROCEDURE TO ADJUST
THE BOUNDARY OF THE LANDSLIDE MORATORIUM AREA.
The motion passed on the following roll call vote:
AYES: Campbell, Stern, Wolowicz, and Mayor Pro Tem Misetich
NOES: None
ABSENT: Long
Acceptance of a Maintenance Easement on Property that is owned by the Rancho
Palos Verdes Redevelopment Agency that is subject to the Portuguese Bend
Landslide
City Attorney Lynch provided a brief staff report regarding the item.
City Council Minutes
April 19, 2011
Page 9 of 11
Sunshine, stated that the property under discussion is a missing link in the California
Coastal Trail and noted that it would be beneficial to add a trail easement on this
property.
Councilman Wolowicz moved, seconded by Councilman Stern, to: 1) ADOPT
RESOLUTION NO. 2011-23, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, AUTHORIZING THE CITY'S ACCEPTANCE OF A
MAINTENANCE EASEMENT AGREEMENT REGARDING PROPERTY OWNED BY
THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY; 2) Authorize the City's
acceptance of a maintenance easement over property that is owned by the Rancho
Palos Verdes Redevelopment Agency and is adjacent to and underneath a portion of
Palos Verdes Drive South; 3) Authorize the Mayor to execute the maintenance
easement agreement on behalf of the City; and, 4) Authorize the City Manager to
execute the certificate of acceptance on behalf of the City.
The motion passed on the following roll call vote:
AYES: Campbell, Stern, Wolowicz, and Mayor Pro Tem Misetich
NOES: None
ABSENT: Long
Letter to California State Redistricting Commission
Councilman Campbell provided a brief oral staff report regarding this item.
Discussion ensued between Council Members and staff.
Councilman Campbell moved, seconded by Councilman Stern, to direct staff to prepare
a letter for signature by the Mayor, Mayor Pro Tem, or Council Member to the
Redistricting Commission requesting the alignment of the City of Rancho Palos Verdes
with the northern Coastal Cities, generally west of the 110 and 405 freeways, for
traditional reasons of economic, transportation and cultural factors, including
membership in the South Bay Cities Council of Governments.
The motion passed on the following roll call vote:
AYES: Campbell, Stern, Wolowicz, and Mayor Pro Tem Misetich
NOES: None
ABSENT: Long
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 April 5, 2011.
City Council Minutes
April 19, 2011
Page 10 of 11
ADJOURNMENT:
At 9:31 P.M., Mayor Pro Tern Misetich adjourned the meetin•
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W:\City Council Minutes\2011\20110419 CC MINS.doc
City Council Minutes
April 19, 2011
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