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CC MINS 20091215 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING DECEMBER 15, 2009 The meeting was called to order at 6:00 P.M. by Mayor Wolowicz at Fred Hesse Community Park, 29301 Hawthorne Boulevard, and was immediately recessed into Closed Session. The meeting reconvened at 7:08 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; Dennis McLean, Director of Finance/Information Technology; Joel Rojas, Director of Community Development; Greg Pfost, Deputy Director of Community Development; Ron Dragoo, Senior Engineer; Eduardo Schonborn, Senior Planner; Kit Fox, Associate Planner; Lauren Ramezani, Senior Administrative Analyst; Judy Huey, Senior Administrative Analyst; and, Carla Morreale, City Clerk. FLAG SALUTE: The Flag Salute was led by Councilman Anthony Misetich. MAYOR'S ANNOUNCEMENTS: Mayor Wolowicz announced the following upcoming events: 1) Breakfast with Santa held at Hesse Park; 2) Santa's Sleigh visits to Rancho Palos Verdes; 3) Los Angeles County Fire and Public Works Departments presentation regarding storm season preparation at St. John Fisher Church; 4) Plans to spotlight youth organizations and Scout Troops to lead the flag salute; and, 5) APWA Award for McCarrell Canyon Project. Mayor Wolowicz presented each of the Council Members with his gift of a personalized shirt and the newest Council Members also with a hat. RECYCLE DRAWING: Mayor Wolowicz announced Recyclers of the Month from the December 1, 2009 City Council meeting: Robert Boyles and Dennis Plunkett. 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. City Council Minutes December 15, 2009 Page 1 of 16 APPROVAL OF THE AGENDA: City Attorney Lynch requested that an item be added to the agenda regarding an Amendment to the Purchase and Sale Agreement to Purchase Open Space for clarification that certain improvements can remain on the property. She reported that there is an immediate need to take action on this matter due to the fact that the purchase of the open space needs to close escrow by December 31, 2009 and this matter arose after the posting of the agenda. Councilman Stern noted that on the agenda staff had recommended that Public Hearing Item No. 8 (Code Amendment to Clarify which Existing Maps to use to Establish the Location of the Coastal Setback Line on Individual Properties); Item No. 9 (Appeal of the Planning Commission's Approval of Case No. ZON2007-00253, a Revised Interpretation regarding the Coastal Setback Line on Properties in the City's Coastal Zone); and, Item No. 10 (Appeal of the Planning Commission's Approval of Case No. ZON2007-00046 [Variance and Coastal Permit] for Property Located at 24 Sea Cove Drive) be conducted jointly and stated he was in support of that recommendation. Mayor Pro Tem Long moved, seconded by Councilman Stern, to approve the agenda, as amended. The motion passed on the following roll call vote: AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz NOES: None ABSENT: None PUBLIC COMMENTS: Bob Lauck, Rancho Palos Verdes, stated that he was concerned with aging Southern California Edison transformers and power lines, noting that several wild fires have occurred in the Portuguese Bend area as a result of fallen power poles and an aging power grid. He urged the Council to consider contacting Southern California Edison and the Public Utilities Commission to develop a cost effective plan to eliminate the old overhead power lines. City Attorney Lynch reported that the City has no authority to regulate utilities, such as Southern California Edison, which are all under the California Public Utilities Commission. CITY MANAGER REPORT: City Council Minutes December 15, 2009 Page 2 of 16 Director of Finance/Information Technology McLean thanked Palos Verdes on the Net and Cox Communications for their efforts to improve the audio system in the City Council Chambers. Senior Engineer Dragoo provided an update status report regarding the implementation of the Oversized Vehicle Parking Program and Neighborhood Parking Program and announced the beginning of the public education program for the City's residents and businesses regarding these two new programs. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding Item Nos. 2 (Approval of the Minutes) and 3 (Crestridge Mirandela Affordable Housing Project). Councilman Misetich asked for clarification regarding the Holiday Gift Cards on Item No. 6 (Register of Demands). Deputy City Manager Petru explained that the Holiday Gift Cards are part of the Employee Bonus Program and that during the Winter Quarter Holiday Gift Cards are given to employees in lieu of bonuses. Councilman Stern moved, seconded by Councilman Misetich, to approve the Consent Calendar, as presented. The motion passed on the following roll call vote: AYES: Campbell*, Long, Misetich*, Stern, and Mayor Wolowicz NOES: None ABSENT: None *Council Members Campbell and Misetich abstained from the Approval of the Minutes. 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 November 4, 2009 Regular Meeting, with Councilman Campbell and Councilman Misetich abstaining. City Council Minutes December 15, 2009 Page 3 of 16 Crestridge (Mirandela) Affordable Housing Project - Final Parcel Map No. 70957 (1900 x 701) 1) Approved, via minute order, Final Parcel Map No. 70957, and authorized the Mayor, City Clerk and City Attorney to execute and file the related Subdivision Improvement Agreement; and, 2) Authorized the City Manager and City Clerk to sign a Certificate of Acceptance, thereby allowing the City to accept Parcel No. 2 of Parcel Map No. 70957 from the Redevelopment Agency. Measure R Agreement (601) Authorized the Mayor to execute the Assurances and Understandings Regarding Receipt and Use of Measure R Local Return Funds agreement. Withdrawal of Appeal by Las Candalistas of the Planning Commission's Decision to Uphold the Director's Interpretation that a Conditional Use Permit (CUP) cannot be submitted to allow Residentially Zoned Properties to be used for Commercial Purposes (Case No. ZON2009-00146) (1804) Received and filed this report. Register of Demands ADOPTED RESOLUTION NO. 2009-92, 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: Proposed 2010-2011 Community Development Block Grant (CDBG) Program (601) City Clerk Morreale reported that notice of the public hearing was duly published, no written protests received, and late correspondence was distributed prior to the meeting regarding the item. Senior Administrative Analyst Judy Huey provided a brief staff report regarding the CDBG Program. Mayor Wolowicz declared the public hearing open. City Clerk Morreale reported that there were no requests to speak on the item. Mayor Wolowicz declared the public hearing closed. City Council Minutes December 15, 2009 Page 4 of 16 Councilman Stern moved, seconded by Councilman Misetich, to approve the staff recommendation to: 1) Approve the proposed CDBG projects and budget; 2) Authorize the Interim Director of Public Works to execute agreements for CDBG projects with the Los Angeles County Community Development Commission; and, 3) Authorize the Interim Director of Public Works to adjust the program budget as necessary to take into account the final CDBG allocation and any amounts unexpended at the close of the fiscal year. The motion passed on the following roll call vote: AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz NOES: None ABSENT: None Public Hearing Items No. 8 (Code Amendment to Clarify which Existing Maps to Use to Establish the Location of the Coastal Setback Line on Individual Properties), No. 9 (Appeal of the Planning Commission's Approval of Case No. ZON2007-00253, a Revised Interpretation Regarding the Coastal Setback Line on Properties in the City's Coastal Zone), and No. 10 (Appeal of the Planning Commission's Approval of Case No. ZON2007-00046 —Variance and Coastal Permit for Property Located at 24 Sea Cove Drive) were conducted as joint public hearings. (701) City Clerk Morreale reminded the Council that it had approved the next three Public Hearing Items (Nos. 8, 9, and 10) to be conducted as joint public hearings. She reported that notice of the public hearings were duly published, written protests included in prior staff reports, late correspondence was distributed prior to the meeting regarding Item No. 8, and there were 19 requests to speak on the items. Mayor Wolowicz provided brief instructions to the audience regarding the time allotments and manner in which the appellants, applicants, and general public comments would be heard after the staff report was provided. Senior Planner Schonborn provided a brief overview and PowerPoint presentation regarding the City's use of the ESA maps to establish the location of the Coastal Setback Line on Individual Properties; the Revised Interpretation regarding the Coastal Setback Line on Properties in the City's Coastal Zone; and details regarding the Variance and Coastal Permit applications for property located at 24 Sea Cove Drive. Director Rojas concluded that the issue that staff was attempting to clarify through the Code Amendment was to specify that the ESA map was the map to be used to establish the location of the Coastal Setback Line on Properties in the City's Coastal Zone. He noted that property owners should be able to use site specific up-to-date geology to City Council Minutes December 15, 2009 Page 5 of 16 support their individual proposals if they believe the CSL can safely be moved to allow them more development rights. City Attorney Lynch clarified that the City's Code currently states that the official Zoning map is to be used to establish the location of the CSL on individual properties, but given the scale of that map, it is fairly unworkable and staff recommends that the ESA map should be used as a starting point. Council and staff discussion and questions ensued regarding the three Public Hearing items. Bill Gerstner, Vice Chair, Planning Commission, Rancho Palos Verdes, noted that the Coastal Setback Line (CSL) was to define geology and safety for the construction of structures. Mayor Wolowicz declared the public hearing open. Pamela Simes, appellant, Rancho Palos Verdes, stated that the City Council's decision at the June 2, 2009 Public Hearing to deny the Variance and Coastal Permit applications for property located at 24 Sea Cove Drive should be memorialized since the following findings were not met: 1) there were no exceptional or extraordinary circumstances; and, 2) the Variance is not necessary for the preservation and enjoyment of a substantial property right of the applicant. Brant Dveirin, counsel for applicant, Best, Best & Krieger, stated that the Conroy's used the Zoning map when they determined the location of the CSL on their property prior to building their pool. He stated that the Conroy's are entitled to their pool based on the location of the line on their property based on the requirements of the law and because they can met the requirements for the variance, even though he opined that a variance was not necessary. Discussion ensued between City Council Members, staff and City Attorney Lynch. Rudy Maus, Rancho Palos Verdes, provided a petition signed by some of the residents who own coastal bluff top property requesting that the City pay for a complete geology study of the coastal zone properties. Bill Patton, Rancho Palos Verdes, stated that he had concerns regarding bluff edge definition, stability, setback definition, and how to establish developmental setbacks for coastal bluffs. He stated that his interest was fairness for property owners and being in clear compliance with the Coastal Commission Act and existing codes and sections of the Coastal Act. Shannon Hartman, Rancho Palos Verdes, stated that her family was concerned that the City has been using a flawed method to determine the CSL and was proposing to City Council Minutes December 15, 2009 Page 6 of 16 continue to use this method by memorializing it as a City ordinance because it is an easier map to use. She stated that their understanding was that the Coastal Land Use Map on file with the Coastal Commission under the City's Local Coastal Plan and that there should not be a hasty decision without further research on the matter. Pat Clark, Rancho Palos Verdes, stated that she was concerned over staff's proposal to make unusable 50 feet of her property because it was easier to determine the CSL by using the ESA map instead of using the map that is on record and stated she was in support of the approval of the Conroy's pool. Shane Hickson, Rancho Palos Verdes, stated that safety was the main concern and commented that there was no ambiguity regarding the maps because the Code states to use a specific map, which is the Coastal Land Use Map. Cindy Jensen, Rancho Palos Verdes, stated that she was concerned regarding the methodology regarding the establishment of the line to be used for coastal development and opined that each individual property was not being taken into consideration as a single entity and that the creation of a generalized method going forward would restrict homeowners from using their land. Brian Conroy, applicant, Rancho Palos Verdes, stated that he had attempted but was not allowed to submit his plans through a zone change in the past. He noted he was entitled to the benefit of the law which requires the use of the Zoning Map which correlates precisely with the Land Use Map on file with the Coastal Commission. He reiterated that he has a geologic and setback line as demonstrated by his geologist, Richard Martin. Richard Martin, Geotechnical Engineer with Coastline Geotechnical Consultants, San Pedro, stated that as a geotechnical engineer he performs the studies regarding slope stability issues. He noted that he performed site specific geology on several projects along the coastal bluff area and there was at least a 1.5 factor of safety at the 24 Sea Cove Drive property. Bill Swank, Rancho Palos Verdes, stated that with respect to the geology on Sea Cove Drive virtually every property has site specific geology; and, the ESA map line was wrong and the more correct line was the Zoning Map line, but geology was necessary to draw the most correct line. Dana Ireland, Rancho Palos Verdes, stated that one issue that was not addressed was fairness due to the City first using the wrong map and Mr. Conroy preceding to build his pool without City approval. He supported the approval of Mr. Conroy's pool through the City's established process for after-the-fact improvements. He opined that the City should not consider a change to the CSL without researching how it affects all of the properties along the coastal bluff top. City Council Minutes December 15, 2009 Page 7 of 16 Douglas Ross, Granada Hills, stated that he objected to the approval of the variance for an after-the-fact pool due to concerns with the fact the pool was built without permits and inspections. He noted that if an earthquake occurred the pool could leak and questioned the safety of the pool. Jaccoma Maultsby, Los Angeles, stated that within the older subdivisions, the CSL had not been delineated on the final tract maps because those subdivisions were created and the structures were constructed prior to the Coastal Act in 1976; and when the City incorporated and adopted its Development Code and Coastal Specific Plan, the CSL was located on the Zoning Map inward of most of the existing older structures along the coastal bluff area, therefore, many of the structures are located in or seaward of the Coastal Structure Setback Zone. He stated that the Code acknowledges these non- conforming properties and allows minor residential additions and accessory structures on these properties, noting that there were processes in place that can allow improvements in the Coastal Structure Setback Zone and seaward of that area. Jim Huston, Rancho Palos Verdes, stated that City history has shown that the ESA reports, Municipal Code, and Coastal Specific Plan have been used for over 200 applications. He stated that the Zoning Map refers to the Coastal Specific Plan, which refers to the ESA map; and noted that any new permanent structures including pools, spas, vertical support members, and chimneys are not permitted in the Coastal Structure Setback Zone per the Municipal Code. He opined that these restrictions were due to concerns with the geology in that zone. Ken Dyda, Rancho Palos Verdes, reported that he was the signatory for the Coastal Specific Plan and the ESA maps were used as illustrated and referenced in the Coastal Specific Plan. He noted that when there is a document with a bibliography referencing the source data, which is the governing document with everything else as illustrative. He stated that if the contractor had used the proper permitting process for construction, he would have been apprised of the requirements and could have done everything correctly. He urged the Council to reaffirm the use of the ESA maps. Rick Carl, Rancho Palos Verdes, reported on his personal experiences regarding the purchase of a tear down house that he purchased in 1999, plans for a new home which were approved by the Planning Commission and the City Council. He reported that his project was appealed to the Coastal Commission, which was an extremely unfriendly and unworkable body with an agenda that has nothing to do with safety. Lowell Wedemeyer, Rancho Palos Verdes, stated that there was significance regarding the longevity of discrepancy by staff and cautioned against the law of estoppel. He stated that if the staff has been in error, even if for thirty years, the City cannot estop the public by wrongful conduct. He urged the City not to use the ESA map but to instead use the official line which he believed was more supportable based on the geology. City Council Minutes December 15, 2009 Page 8 of 16 Pamela Simes on behalf of Don Fleming, Rancho Palos Verdes, stated that the Coastal Commission stated that the Land Use Map and Zoning Maps were for illustrative reference only and the ESA maps were to be used to establish the CSL. She noted that only one boring was made, no inspections performed, and no caissons used in the construction of Mr. Conroy's pool. Mrs. Simes, in rebuttal, stated that the Coastal Commission stated that the appropriate maps to use to determine the CSL were those contained in the ESA report along with a site specific geologic study. She concluded that any action taken to determine the CSL for the purpose of existing unpermitted development or future development was subject to a coastal development permit that would be appealable to the Coastal Commission due to its location. Mr. Dveirin, in rebuttal, stated that the Council should take the following actions: 1) Determine that the location of the CSL on individual properties in the Coastal Zone shall be based on site specific geology and the Coastal Specific Plan Land Use Map, which is the official map, and 2) Grant the approval of the variance. Mayor Wolowicz declared the public hearing closed. RECESS AND RECONVENE: Mayor Wolowicz called a recess from 10:00 P.M. to 10:19 P.M. Planning Commissioner Gerstner clarified that the CSL was much more than a starting point and that any project in the City would required site specific geology. He noted that if the site specific geology determines that an area of soil was not suitable for construction along the coastal bluff properties, the line could be moved farther landward until one finds a point that was safe. He noted that an applicant would only be allowed to move the construction seaward of the CSL by five feet. He opined that the coastal bluff property owners should be allowed to use their property and in the way that they believed they could when they purchased it, and before the map were to be changed the City should do quite a bit of research. He added that during the Planning Commission hearings regarding this item, there were many issues that came to light over time, such as the issue of the 20 degree slope, and issues regarding the ESA maps and report. Discussion ensued between Council, staff, and City Attorney Lynch. After discussion the following action was taken by Council regarding the three public hearings. Appeal of the Planning Commission's Approval of Case No. ZON2007-00046 (Variance and Coastal Permit) for Property Located at 24 Sea Cove Drive [Continued from October 20, 2009 and Re-noticed as a Public Hearing item for this agenda] City Council Minutes December 15, 2009 Page 9 of 16 Councilman Stern moved, seconded by Councilman Campbell, to deny the appeal and ADOPT RESOLUTION NO. 2009-93, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, DENYING MS. SIMES' APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO CONDMONALLY APPROVE CASE NO. ZON2007-00046 FOR A VARIANCE AND COASTAL PERMIT TO ALLOW AN AFTER-THE-FACT POOL, SPA, AND OUTDOOR CHIMNEY BARBECUE WITHIN THE COASTAL STRUCTURE SETBACK ZONE ON PROPERTY LOCATED AT 24 SEA COVE DRIVE. The motion passed on the following roll call vote: AYES: Campbell, Misetich, Stern, and Mayor Wolowicz NOES: Long ABSENT: None Appeal of the Planning Commission's Approval of Case No. ZON2007-00253, a Revised Interpretation regarding the Coastal Setback Line on Properties in the City's Coastal Zone [Continued from October 20, 2009] Councilman Stern moved, seconded by Mayor Pro Tem Long, to determine to continue to use the Official Zoning Map as the map to be used in determining the location of the Coastal Setback Line. The motion passed on the following roll call vote: AYES: Campbell, Long, and Stern NOES: Misetich and Mayor Wolowicz ABSENT: None Code Amendment to Clarify which Existing Maps to use to Establish the Location of the Coastal Setback Line on Individual Properties (Case No. ZON2009-00416) Mayor Wolowicz moved, seconded by Councilman Misetich, to introduce Ordinance No. 501, an Ordinance of the City of Rancho Palos Verdes, amending Chapter 17.88 of Title 17 of the City's Municipal Code to add language that specifies use of the Earth Sciences Associates (ESA) Maps to determine the location of the coastal setback line on individual properties. The motion failed on the following roll call vote: AYES: Misetich and Mayor Wolowicz NOES: Campbell, Long, and Stern ABSENT: None City Council Minutes December 15, 2009 Page 10 of 16 RECESS AND RECONVENE: Mayor Wolowicz called a brief recess from 11:19 P.M. to 11:26 P.M. PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA: Mayor Pro Tern Long moved, seconded by Mayor Wolowicz, to consider the next agenda item and other items that City Attorney Lynch determines necessary to take action on prior to the end of the year. Without objection, Mayor Wolowicz so ordered. REGULAR NEW BUSINESS: Selection of Automated Carts (1301) Senior Administrative Analyst Ramezani provided a brief staff report regarding the selection of automated carts to be used by EDCO Disposal Corporation for residential single-family solid waste hauling. Justin Fellhauer, Sales Manager, Rehrig Pacific Company, provided a brief report and PowerPoint presentation regarding their roll-out cart features, manufacturing process of injection molding, cart performance and warranty, noting that they are a family-owned local manufacturer located in Vernon. He reported that they recycle their containers and adhere to the reduction of the green house emissions since they are manufactured locally. Skip Lynn, Senior Vice President of Sales, Toter, Inc., provided a brief report and PowerPoint presentation regarding their roll-out cart, manufacturing process of rotational molding, manufacturing locations, cart performance and maneuverability, and the color and look of their granite cart that they have manufactured for over 10 years. Bill Bloch, Rehrig Pacific Company, Rancho Palos Verdes, reported that he and his family have been residents of the City for many generations who have believed in community service. He stated that Rehrig Pacific has been a great example of an organization that has been involved with the community service outreach over the years. Will Rehrig, owner of Rehrig Pacific Company, Rancho Palos Verdes, stated that he resides in one of the Automated Trash Cart Pilot Program areas of Rancho Palos Verdes, and noted that Rehrig carts were used in the Pilot Program. He stated that the success of his company can speak for itself, and would like to have the Rehrig carts used with the new trash hauling contract with EDCO Disposal Corporation in the City of Rancho Palos Verdes. City Council Minutes December 15, 2009 Page 11 of 16 Michael Morris, Rancho Palos Verdes, stated that his company manufactures the wheels that Rehrig Pacific Company uses on their rollout trash carts; he employs local labor and provides health and pension benefits to his employees; and his company uses post-consumer recycled plastic generated in and collected from California. He encouraged the Council to align itself with a company with the experience, talent, and quality of Rehrig Pacific Company. Council discussion ensued. Mayor Pro Tem Long moved, seconded by Councilman Misetich, to: 1) Approve the following automated cart colors: Carts with grey body and grey lid for trash, blue body and blue lid for recycling, and green body and green lid for green waste; 2) Approve a "granite" style exterior finish for the automated cart bodies; 3) Select Rehrig Pacific Company to provide automated carts; and, 4) Directd EDCO Disposal Corporation to order the approved carts for residential single-family solid waste customers. The motion passed on the following roll call vote: AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz NOES: None ABSENT: None Revision to Planning Case No. ZON2009-00007 (Code Amendment and Environmental Assessment): Further Revisions to the Landslide Moratorium Ordinance (Chapter 15.20 of the Rancho Palos Verdes Municipal Code) to Establish an Exception Category to Allow for the Future Development of the Sixteen (16) Monks Plaintiffs' Lots in Zone 2 to Increase the Maximum Permitted Quantity of Grading per Lot from Less than 50 Cubic Yards to Less than 1,000 Cubic Yards City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding this item. Associate Planner Fox provided a brief report and PowerPoint presentation regarding the steps taken to date since the California Supreme Court denied the City's petition for review of the Monks case. He reported that three of the Monks plaintiffs have applied for Landslide Moratorium Exceptions to develop new homes on their lots, which would necessitate an amendment to the City's Municipal Code to raise the threshold for the total amount of remedial grading allowed to be less than one thousand cubic yards. Jim Lancaster, City geologist, stated that his stance on the matter was that he would definitely like to see nothing built in the Zone 2 area, but since that determination has been made by the courts, there will be a method to go through the geology and provide the correct the method to perform the work. He reported that initial grading, if done City Council Minutes December 15, 2009 Page 12 of 16 correctly, can reduce infiltration, create proper drainage across the lots, and that sewers were available to these lots. Discussion ensued between Council Members, City Attorney Lynch, and staff. Scott Wellman,'attorney for the Monks plaintiffs, stated that the approval of the ordinances was the best solution to the problem. Councilman Stern moved, seconded by Councilman Campbell, to approve staff recommendation to: 1) ADOPT URGENCY ORDINANCE NO. 501U, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, ADOPTING FURTHER REVISIONS TO THE LANDSLIDE MORATORIUM ORDINANCE (CHAPTER 15.20 OF THE RANCHO PALOS VERDES MUNICIPAL CODE) TO ESTABLISH AN EXCEPTION CATEGORY TO ALLOW FOR THE FUTURE DEVELOPMENT OF THE SIXTEEN (16) MONKS PLAINTIFFS' LOTS IN ZONE 2 TO INCREASE THE MAXIMUM PERMITTED QUANTITY OF GRADING PER LOT FROM LESS THAN 50 CUBIC YARDS TO LESS THAN 1,000 CUBIC YARDS, AND DECLARING THE URGENCY THEREOF; and, 2) INTRODUCE ORDINANCE NO. 502, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, ADOPTING FURTHER REVISIONS TO THE LANDSLIDE MORATORIUM ORDINANCE (CHAPTER 15.20 OF THE RANCHO PALOS VERDES MUNICIPAL CODE) TO ESTABLISH AN EXCEPTION CATEGORY TO ALLOW FOR THE FUTURE DEVELOPMENT OF THE SIXTEEN (16) MONKS PLAINTIFFS' LOTS IN ZONE 2 TO INCREASE THE MAXIMUM PERMITTED QUANTITY OF GRADING PER LOT FROM LESS THAN 50 CUBIC YARDS TO LESS THAN 1,000 CUBIC YARDS; and, 3) Continue this matter to January 5, 2010. The motion passed on the following roll call vote: AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz NOES: None ABSENT: None Budget Adjustment for Geotechnical Review of Monks Plaintiffs' Landslide Moratorium Exception Applications (1801) Mayor Pro Tem Long moved, seconded by Mayor Wolowicz, to waive the staff report and approve the staff recommendation to ADOPT RESOLUTION NO. 2009-94, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2009-40, THE BUDGET APPROPRIATION FOR FY 2009-10, TO INCREASE THE BUDGET IN THE GENERAL FUND. The motion passed on the following roll call vote: AYES: Campbell, Long, Stern, and Mayor Wolowicz NOES: Misetich City Council Minutes December 15, 2009 Page 13 of 16 ABSENT: None Code Amendment, a Request to Amend Chapter 15.34 of Title 15 (Building and Construction Code) of the City's Municipal Code to Implement a New Water Efficient Landscape Ordinance (1801) 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) ADOPT URGENCY ORDINANCE NO. 503U, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, TO AMEND MUNICIPAL CODE CHAPTER 15.34 TO IMPLEMENT THE STATE'S REQUIREMENTS FOR WATER EFFICIENT LANDSCAPING ON SPECIFIC PUBLIC AND PRIVATE DEVELOPMENT PROJECTS, AND DECLARING THE URGENCY THEREOF; and, 2) INTRODUCE ORDINANCE NO. 504, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, TO AMEND MUNICIPAL CODE CHAPTER 15.34 TO IMPLEMENT THE STATE'S REQUIREMENTS FOR WATER EFFICIENT LANDSCAPING ON SPECIFIC PUBLIC AND PRIVATE DEVELOPMENT PROJECTS. The motion passed on the following roll call vote: AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz NOES: None ABSENT: None Council Meeting Schedule (307) Council discussion ensued regarding the upcoming Council meeting dates. This discussion resulted in the following decisions by Council: 1) Confirmed the City Council Team Building Workshop at 9:30 A.M. on Saturday, January 9, 2010 at Hesse Park; 2) Scheduled Candidate Interviews for the Oversight Committee at 6:00 P.M. on Tuesday, January 19, 2010; and for the Planning Commission at 5:00 P.M. on Tuesday, February 2, 2010, at Hesse Park; 3) Selected Saturday, January 23, 2010 at 9:30 A.M. at PVIC for the Tactical Planning Workshop; 4) Selected April 24, 2010 at 9:00 A.M. at Hesse Park for the Spring Community Leaders' Breakfast meeting; 5) Selected Saturday, May 22, 2010 at 9:30 A.M. at Hesse Park for the Budget Work Session; and, 6) Reserved the fifth Tuesdays in 2010 for potential City Council Workshops. Mayor's Appointment of City Council Members to Intergovernmental Organizations and Associations and City Subcommittees (306) Mayor Wolowicz introduced this item and explained that he had assigned one experienced Council Member with one new member on as many of the various City Council Minutes December 15, 2009 Page 14 of 16 intergovernmental organizations and associations and City Subcommittees as possible. Council Members discussed the appointments that were made and removed themselves from any appointment with which they had a difficulty, such as a business conflict or a time conflict. Staff was directed to update the appointments as discussed and return with the revised document. RECESS AND RECONVENE: Mayor Wolowicz called a brief recess from 12:47 A.M. to 12:52 A.M. Approval of the Amended Conservation Easement between the City of Rancho Palos Verdes and the Palos Verdes Peninsula Land Conservancy (PVPLC) for the Purchase of the Open Space Property (1201) Mayor Pro Tern Long moved, seconded by Councilman Stern, to waive the staff report and approve the staff recommendation to approve the Amended Conservation Easement. City Attorney Lynch stated that the easement accomplishes the same goal as that placed on the Hon property (now the Portuguese Bend Reserve) and lists various activities that will be allowed through the public's use of the property. She noted that since negotiations were occurring with the Coastal Conservancy as late as this afternoon, a copy of the documents was provided to Mr. Swank with the Palos Verdes Peninsula Land Conservancy for his review late this afternoon. She stated that Mr. Swank reviewed the documents and found no issue with them during the City Council Meeting, noting he would be distributing them to additional members of the PVPLC board. The motion passed on the following roll call vote: AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz NOES: None ABSENT: None Amendment to the Amended and Restated Purchase, Sale, and Donation Agreement and Joint Escrow Instructions to Purchase Additional Acreage to be Included in the Palos Verdes Nature Preserve (1201) City Attorney Lynch stated that this was the item that was added to the agenda earlier in the evening to allow for the rocks and cacti to remain at the upper end of the property City Council Minutes December 15, 2009 Page 15 of 16 near the Ocean Terrace tract. She stated that this amendment may nct be necessary, but was prepared to ensure that the issue was addressed. Councilman Stern moved, seconded by Councilman Misetich, to approve the staff recommendation to approve the Amendment to the Amended and Restated Purchase, Sale, and Donation Agreement and Joint Escrow Instructions and authorize the Mayor to Execute the Amendment on Behalf of the City. The motion passed on the following roll call vote: AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz NOES: None ABSENT: None CITY COUNCIL ORAL REPORTS: Mayor Wolowicz moved, seconded by Councilman Stern, to defer the City Council Oral Reports to the next regular meeting. Without objection, Mayor Wolowicz so ordered. COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS: Councilman Stern moved, seconded by Mayor Pro Tem Long, to defer this item to the next regular meeting. CLOSED SESSION REPORT: City Attorney Lynch reported that no action was taken on any of the four items in Closed Session. ADJOURNMENT: Mayor Wolowicz adjourned the meeting at 12:58 A.M. JP- M. gor Attest: dPMZele- City Clerk W:\City Council Minutes\2009\20091215 CC MINS.doc City Council Minutes December 15, 2009 Page 16 of 16