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CC MINS 20100105 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JANUARY 5, 2010 The meeting was called to order at 7:03 P.M. by Mayor Wolowicz at Fred Hesse Community Park, 29301 Hawthorne Boulevard. 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; Tom Odom, Interim Director of Recreation and Parks/Parks, Open Space and Trails Manager; Ron Dragoo, Senior Engineer; Nicole Jules, Senior Engineer; and, Carla Morreale, City Clerk. FLAG SALUTE: The Flag Salute was led by Interim Director of Recreation and Parks Odom. MAYOR'S ANNOUNCEMENTS: Los Angeles County Sheriff's Deputy Knox provided a report and PowerPoint presentation regarding the December 20, 2009 accident on Hawthorne Blvd. which resulted in a fatality. Director Rojas provided a report and PowerPoint presentation regarding the City's recent purchase of the Upper Filiorum Property. RECYCLE DRAWING: Mayor Wolowicz announced Recyclers of the Month from the December 15, 2009 City Council meeting: Betty Coull and Vivian Brownell. 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 Stern moved, seconded by Councilman Misetich, to approve the agenda, as presented. Without objection, Mayor Wolowicz so ordered. PUBLIC COMMENTS: City Council Minutes January 5, 2010 Page 1 of 7 Ken Dyda, Rancho Palos Verdes, stated that the misuse of the City Official's badge in the past has been a problem with the person using it, not a problem with the badge, noting that the misuse has been insignificant. He spoke in support of the City's current style of badge, noting that it was recognizable from a distance in an emergency. CITY MANAGER REPORT: Interim Director of Recreation and Parks/Parks, Open Space and Trails Manager Odom provided an update status report and PowerPoint presentation regarding the Park Rangers and Park Improvements for Lower Hesse and Grandview Parks. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding Item No. 6 (Award Contracts for On-Call Professional Services) and No. 7 (All American Asphalt Change Order for Median Improvements on Palos Verdes Drive West (PVDW) and Hawthorne Blvd); and there was one request to speak regarding Item No. 4 (Adoption of Ordinance No. 502- 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). In response to a question from Mayor Wolowicz, City Attorney Lynch explained the content of the late correspondence materials regarding Item Nos. 6 and 7. Mayor Wolowicz requested that there be a split vote taken regarding Item No. 8 (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). Mayor Pro Tem Long moved, seconded by Councilman Stern, to approve the Consent Calendar, as amended, with a separate vote for Item No. 8 and with Item No. 4 removed from the Consent Calendar to follow immediately after the Consent Calendar. 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. City Council Minutes January 5, 2010 Page2of7 Mayor Pro Tern Long moved, seconded by Councilman Stern, to approve the staff recommendation on Item No. 8. The motion passed on the following roll call vote: AYES: Campbell, Long, and Stern NOES: Misetich and Mayor Wolowicz ABSENT: None 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 Approved the Minutes of the November 17, 2009 Regular Meeting, with Councilman Campbell and Councilman Misetich abstaining. Border Issues Status Report Received and filed the current report on the status of border issues. Adoption of Ordinance No. 502 - 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 This item was removed from the Consent Calendar for separate consideration immediately following the Consent Calendar. Adoption of Ordinance No. 504-- 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 ADOPTED 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. Award Contracts for On-Call Professional Services City Council Minutes January 5, 2010 Page 3 of 7 1) Authorized awarding a contract, as amended, for on-call professional services to LRM, Ltd.; Withers and Sandgren, Ltd.; Masoud Dejban, Inc.; and, Richie Bray, Inc.; and; 2) Authorized the expenditure of up to $60,000 with each of these firms, with a not to exceed amount of$25,000 for a single project. All American Asphalt Change Order for Median Improvements on Palos Verdes Drive West (PVDW) and Hawthorne Blvd. Approved the staff recommendation, as amended, and approved the plans and specifications and authorized a change order in the amount of$433,181.20 for median improvements along Palos Verdes Drive West and Hawthorne Boulevard to All American Asphalt Residential Roadway Rehabilitation contract. 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 1) ADOPTED RESOLUTION NO. 2010-01, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, DENYING THE APPEAL BY MS. PAMELA SIMES AND FURTHER REVISING THE DIRECTOR'S INTERPRETATION (CASE NO. ZON2007-00253) DETERMINING THAT THE LOCATION OF THE CITY'S COASTAL SETBACK LINE ON INDIVIDUAL PROPERTIES WITHIN THE COASTAL ZONE SHALL BE BASED ON THE CITY'S OFFICIAL ZONING MAP; and, 2) Directed staff to initiate a Code Text Amendment clarifying that there is a 25-foot minimum setback from the Coastal Setback Line. Register of Demands ADOPTED RESOLUTION NO. 2010-02, 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: Adoption of Ordinance No. 502 - 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 there was one request to speak regarding this item. City Council Minutes January 5, 2010 Page 4 of 7 Robert Maxwell, Portuguese Bend Community Association (PBCA) Liaison, Rancho Palos Verdes, stated that the PBCA was earnestly opposed to the approval of the grading of up to 1,000 cubic yards of earth in the unstable landslide area. Councilman Stern moved, seconded by Mayor Wolowicz, to ADOPT 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. The motion passed on the following roll call vote: AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz NOES: None ABSENT: None PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA: REGULAR NEW BUSINESS: Planning Case No. ZON2009-00314 (Code Amendment Initiation Request): A Request to Consider Initiating a Code Amendment to Revise the City's Exotic Animal Keeping Regulations Director of Community Development Rojas provided a brief staff report regarding the consideration of initiating a Code Amendment to revise the City's Exotic Animal Keeping Regulations. Council and staff discussion ensued. Mayor Wolowicz moved to initiate a Code Amendment to preclude allowing Exotic Animals within City limits other than in the RS-1 and RS-2 Zones. The motion died for the lack of a second. Councilman Stern moved, seconded by Councilman Misetich, to receive and file the Staff report. The motion passed on the following roll call vote: AYES: Campbell, Long, Misetich, and Stern NOES: Mayor Wolowicz ABSENT: None City Council Minutes January 5, 2010 Page 5 of 7 Future Agenda Items — Status Update and Request for Direction Mayor Wolowicz stated that he believed the staff report addressed the issues. City Manager Lehr provided an update regarding the Animal Control services and the possibility of the development of a Regional Animal Control option with the other cities on the Peninsula. She suggested the retention of the Animal Control topic on the Future Agenda Items List until staff works through a few issues related to the contract to provide a dedicated Animal Control Officer for the region. Council and staff discussion ensued regarding several of the topics on the Future Agenda Items List. Councilman Misetich requested that the following two items be added to the Future Agenda Items List: 1) Conducting an objective analysis of the feasibility of a Zero-Based Budget for the City; and, 2) Consideration of the feasibility of re-establishing the Committee and Commission Membership back to seven members. Mayor Pro Tem Long requested that the following two items be added to the Future Agenda Items List: 1) Possible amendments to the View Ordinance; and 2) The initiation of a process to consider a Floor Area Ratio. Mayor Pro Tem Long moved, seconded by Councilman Campbell, to approve the staff recommendation, as amended, to retain the Animal Control item on the Future Agenda list; and with the addition of the following new items to the Future Agenda Item List: Performing an Analysis to Consider Adoption of Zero-Based Budget Process; Increasing the number of Commission/Committee Members to seven; Possible amendments to the View Ordinance; and, Consideration of a Floor Area Ratio. The motion passed on the following roll call vote: AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz NOES: None ABSENT: None Mayor's Appointment of City Council Members to Intergovernmental Organizations and Associations and City Subcommittees City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding this item. She explained that late correspondence consisted of emails from residents and a memorandum update to Council regarding no appointment to Southern California Association of Governments (SCAG) being necessary since that appointment was made on a regional basis through the South Bay Cities Council of Governments (SBCCOG). City Council Minutes January 5, 2010 Page 6 of 7 Councilman Misetich withdrew his name from the Ponte Vista Development Liaison assignment and stated that he would like to serve on a committee to address the Tarapaca Roadway Stabilization Project. Councilman Stern withdrew his name from the West Basin Water Association assignment due to his inability to attend the meetings. Mayor Wolowicz appointed Councilman Campbell and Councilman Misetich to the SBCCOG Transportation Committee. Mayor Pro Tem Long moved, seconded by Councilman Stern, to adopt the amended list of appointments of the members of Council to the various intergovernmental organizations and associations and City Subcommittees, with the following amendments: 1) Designating Councilman Campbell and Councilman Misetich to the SBCCOG Transportation Committee; 2) Replacing Councilman Stern with Mayor Pro Tem Long as alternate on the West Basin Water Association; 3) Creating a Tarapaca Roadway Stabilization Project and appointing Councilman Misetich and Councilman Stern to that Committee; and, 4) Replacing Councilman Misetich as Ponte Vista Development Liaison with Councilman Campbell. 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: Each Council Member reported on his attendance at various organization and association meetings since the last City Council Oral Reports were provided on December 1, 2009. ADJOURNMENT: Mayor Wolowicz adjourned the meeting at 8:42 P.M. to Saturday, January 9, 2010, at 9:30 A.M. at Hesse Park for a City Council Team Building Workshop. 40---,Er I l 4 .yor Attest: City Clerk W:\City Council Minutes\201 O\20100105 CC MINS.doc City Council Minutes January 5, 2010 Page 7 of 7