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CC MINS 20100202 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING FEBRUARY 2, 2010 The meeting was called to order at 7:31 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; Eduardo Schonborn, Senior Planner; and, Carla Morreale, City Clerk. FLAG SALUTE: The Flag Salute was led by Councilman Anthony Misetich. MAYOR'S ANNOUNCEMENTS: Mayor Wolowicz presented City Council pins to new Council Members Brian Campbell and Anthony Misetich. Mayor Wolowicz announced and congratulated Jarel and Betty Wheaton for their recent receipt of two Stanley Awards for their production of television programs for shut-ins and Peninsula Seniors. RECYCLE DRAWING: Mayor Wolowicz announced Recyclers of the Month from the January 19, 2010 City Council meeting: Francisco Bernues and Sean Sedillo. 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 Misetich moved, seconded by Mayor Wolowicz, to approve the agenda, as amended, with Item No. 10 (Management of Rentals at Founders Park) removed from the agenda and to be brought back to Council at a future date. Mayor Pro Tem Long moved a substitute motion, seconded by Councilman Campbell, to approve the agenda, as amended, with Item No. 10 (Management of Rentals at Founders Park) removed from the agenda for future consideration, and Item No. 9 (Appointments to City Council Minutes February 2, 2010 Page 1 of 10 the Planning Commission) moved up on the agenda to follow immediately after the Consent Calendar. David Conforti, General Manager, Trump National Golf Course, commended staff members for the work they have put into the issue regarding wedding ceremonies at Founders Park (Agenda Item No. 10). He stated that he would like a further opportunity to work with staff on a proposal that he has prepared which suggests a significant rate increase for wedding events so that Trump National could recover its actual costs. Without objection, Mayor Wolowicz so ordered. PUBLIC COMMENTS: Karl Liehr, Rancho Palos Verdes, stated that he was present to speak in opposition to the City's request that all of the trees on his property should be cut or trimmed down to the view line. He stated he would not be cutting his trees and noted that he believed the trees should be grandfathered in because they had been present for years. Responding to Councilman Stern's inquiries regarding the final adjudication of the matter previously by the City Council, City Attorney Lynch responded that the Council could take no further action and that the time period has expired for Mr. Liehr to challenge the Council's decision. City Attorney Lynch stated she would speak with Mr. Liehr again regarding his questions about an injunction to trim the trees. Michael O'Sullivan, Rancho Palos Verdes, stated that he understood that Mayor Pro Tem Long recently suggested that there be revisions to the View Ordinance or the procedures, and noted that he would offer to serve on a committee to review the View Ordinance if that was a consideration. He stated that he would like a response to his request regarding a correction of records that he feels are in error. City Attorney Lynch apologized for the delay of sending a letter to Mr. O'Sullivan, noting that she would get a letter out to him promptly. Ann Shaw, President, Peninsula Seniors, Rancho Palos Verdes, announced that Ken Dyda will be honored as the "Volunteer of the Year" at the Peninsula Seniors' Anniversary Luncheon to be held on February 28, 2010 at Los Verdes County Club, noting that the Council Members and all residents are invited to attend. CITY MANAGER REPORT: City Manager Lehr announced that the former Planning, Building, and Code Enforcement Department is now known as the Community Development Department. Community Development Director Rojas provided a report and PowerPoint presentation regarding the new One-Stop Permit Center in the Community Development Department, which provides improved customer service by consolidating the cashier location with the department where applications and permits are issued. He noted that the permits related City Council Minutes February 2, 2010 Page 2 of 10 to construction which were previously issued in the Public Works Department will now be issued in the Community Development Department. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding Item No. 4 (Records Retention and Destruction Schedules). 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 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 January 9, 2010 Adjourned Regular Meeting/Team Building Workshop; January 11, 2010 Adjourned Regular Meeting; and, January 12, 2010 Adjourned Regular Meeting. Records Retention and Destruction Schedules ADOPTED RESOLUTION NO. 2010-06, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING CITY DOCUMENT RETENTION SCHEDULES AND AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AS PROVIDED BY SECTION 34090 OF THE CALIFORNIA GOVERNMENT CODE. November 2009 Monthly Report of Cash Balances Received and filed the November 2009 Monthly Report of Cash Balances for the City of Rancho Palos Verdes. December 2009 Monthly Report of Cash Balances City Council Minutes February 2, 2010 Page 3 of 10 Received and filed the December 2009 Monthly Report of Cash Balances for the City of Rancho Palos Verdes. Register of Demands ADOPTED RESOLUTION NO. 2010-07, 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. # # # # # # REGULAR NEW BUSINESS: Appointments to the Planning Commission Mayor Wolowicz introduced the item and noted that there were many well-qualified applicants for the four positions on the Planning Commission. City Clerk Morreale distributed ballots. After four rounds of balloting the following four members were appointed to the Planning Commission, each with a four year term of office beginning February 11, 2010 through February 11, 2014: Paul Tetreault, Jeff Lewis, David Emenhiser, and Gordon Leon. Councilman Stern moved, seconded by Councilman Campbell, that the terms of office for the new Planning Commissioners would begin on February 11, 2010. Without objection, Mayor Wolowicz so ordered. PUBLIC HEARINGS: Case Nos. SUB2008-00001 and ZON2008-00074 thru ZON2008-00078 (Environmental Assessment, General Plan Amendment, Coastal Specific Plan Amendment, Zone Change, Vesting Parcel Map, Variance, Grading Permit, Height Variation, and Coastal Permit), Address: 32639 Nantasket Drive, a Vacant Lot Located on the West Side of Nantasket Drive between Beachview Drive and Seacove Drive City Clerk Morreale reported that notice of the public hearing was duly published, no written protests received, late correspondence was distributed prior to the meeting, and there were eight requests to speak on the item. Councilman Stern and Mayor Wolowicz both disclosed that they were not certain if the parties involved in this application had contributed to their past campaigns, and noted that they could objectively participate in the decision currently before Council. Mayor Wolowicz declared the public hearing open. City Council Minutes February 2, 2010 Page 4 of 10 Senior Planner Schonborn provided a staff report and PowerPoint presentation for the item. He reported that the project before Council was seeking the approval to change the land use designation of a 1.42-acre property from Commercial Recreational, to Residential so that it can be subdivided into four separate residential lots and each lot developed with its own single-family residence. He reported that the property was located in the City's Coastal Zone, and was before the City Council because the application package includes a General Plan Amendment, Zone Change, Coastal Specific Plan Amendment and a Subdivision, which all require approval by the City Council; and noted that staff and the Planning Commission recommended approval of the project as the Commission was able to make all the necessary findings for approval of the project applications as proposed. Council and staff discussion ensued. RECESS AND RECONVENE: Mayor Wolowicz called a brief recess from 9:00 P.M. to 9:10 P.M. Dana Ireland, applicant, Rancho Palos Verdes, provided a PowerPoint presentation regarding the redesigned Nantasket project as revised from the recommendations provided by Council during the May 15, 2007 consideration of the project. Mr. Ireland stated that the redesign addresses the following concerns: the creation of more open space by providing 50-60 feet of view corridors between the proposed residential structures; and the shifting of the placement of the homes on the lots in order to lower the ridge heights of the homes where possible. He reported the following revisions to the plans: the square footage of the buildable area of the project was reduced by 25% resulting in the current project consisting of 26,013 square feet; the lot sizes grew due to the reduction from five to four homes; the ridge heights were reduced on three of the four homes; the measurable view impairment was less than 1% on Lot 1 with the proposed home; revisions to the grading plans; and, reduction of the bulk and mass of the homes. He noted that he had no objective to the Hold Harmless Agreement with the City of Rancho Palos Verdes. David Emenhiser, President, Seabluff Homeowners Association (HOA), Rancho Palos Verdes, stated that although some revisions were made to the plans in consideration of the neighbor's concerns, the major issue for the Seabluff HOA is that Lot 1 has remained practically unchanged which affects the views of four of the Seabluff homeowners. He noted that they had concerns regarding street parking; errant golf balls from the Terranea Resort Golf Course; size and heights of the homes not being compatible with the neighborhood; and the mansionization of the project. Bob Nelson, Rancho Palos Verdes, stated that not one person other than the applicant and the Planning Commission Members have spoken in favor of the project; suggested that the zoning in the General Plan should be amended only if the amendment is in the interest of the public; stated that the project is not compatible with the neighborhood and City Council Minutes February 2, 2010 Page 5 of 10 that the variances should not be granted since they should only be granted for minimum items when they are relative to what exists in the neighborhood. Stephanie McLachlan, Rancho Palos Verdes, stated that she opposes the development for the following reasons: her view from the second floor and front of her property will be affected; the development is not compatible with the neighborhood; the bulk and mass of the homes; and, issues regarding the setbacks and lot depth. Juan-Carlos Monnaco, Rancho Palos Verdes, stated that no individual person other than the applicant has spoken in favor of the project in the last five years. He reported that he is in opposition to the project for the following reasons: his home is the closest single family residence to the project; the impact on his family lifestyle; the proposed 6,000 square foot homes are not compatible with the neighborhood; the ten-foot front yard setback is too small; the view impacts to the neighboring homes especially due to the home proposed on Lot 1; and, his opinion that the neighbors' concerns have not been addressed by the developer. Todd Majcher, Terranea Resort, stated that Terranea was not opposed to the development of the property, but stated that due to the proximity of the homes to the Terranea Golf Course, Terranea requested that they should have an Indemnity Agreement or a Hold Harmless Agreement from the developer. Dana Ireland, in rebuttal, stated that the golf safety issues were well beyond the scope of his project, but noted that the golf consultant who performed the analysis was well aware that there would be development at the site. He noted that he occasionally finds a golf ball near the property line, but not where the silhouettes are located. He opined that the project as a four home residential development was more in the public interest than a bed and breakfast hotel would have been, because a development of that type would increase traffic dramatically. He stated that the Terranea structures are in the 8,000 to 10,000 square foot range, the Villa Apartments are in the 30,000 square foot range, and the Planned Unit Developments at Seabluff are at 6,500 square feet. He stated that he has 20 foot front yard setbacks, and noted that a variance would be needed for any development due to the existing lot depth of the property. He stated that although there are objections regarding the view blockage due to the house on Lot 1, the house is at the maximum allowable height of 16 feet; and commented on objections to the limited on- street parking and errant golf balls. Mayor Wolowicz declared the public hearing closed. Council and staff discussion ensued regarding the following issues: property rights and by right construction; height variations and zone changes; view impairment; the size, bulk, and mass of the homes; quasi-judicial and discretionary decisions; and neighborhood compatibility. Mayor Pro Tem Long moved, seconded by Councilman Stern, to adopt the staff recommendations with the following changes to: 1) condition everything upon a further City Council Minutes February 2, 2010 Page 6 of 10 ten percent reduction in the square footage of the houses; 2) require a condition limiting the invasive plant species to protect the habitat area; and, 3) require a Hold Harmless Agreement to the City, but not to Terranea Resort. RECESS AND RECONVENE: Mayor Wolowicz called a brief recess from 11:11 P.M. to 11:17 P.M. Mayor Pro Tem Long moved, seconded by Councilman Misetich, to reopen the public hearing to allow the applicant to address the conditions included in the motion on the floor. Without objection, Mayor Wolowicz so ordered. Mayor Wolowicz re-opened the public hearing Dana Ireland, stated that the lots were not deficient in size or in the building envelope, and that he was in agreement with the native species requirement and the Hold Harmless Agreement with the City. In response to Mayor Pro Tem Long's question regarding a reduction in the height of the homes on Lot Nos. 3 and 4, Mr. Ireland stated that he would like to see the height retained since there were no objections to the homes on those lots, and he did not want to compromise the design of those homes. Mayor Wolowicz declared the public hearing closed. Councilman Campbell moved to amend the motion, seconded by Councilman Misetich, to deny the Height Variation Permits on Lot Nos. 3 and 4; and to require the redesign of the home on Lot No. 1 to minimize view impairment from the residences in the Seabluff community to be brought back for Council review. Mayor Wolowicz moved, seconded by Mayor Pro Tem Long, to split the vote on the amendment. Without objection, Mayor Wolowicz so ordered. Councilman Campbell moved to amend the motion, seconded by Councilman Misetich, to deny the Height Variation Permits on Lot Nos. 3 and 4. The motion on the first half of the amendment, as stated above, failed on the following roll call vote: AYES: Campbell and Misetich NOES: Long, Stern, and Mayor Wolowicz ABSENT: None City Council Minutes February 2, 2010 Page 7 of 10 Councilman Campbell moved to amend the motion, seconded by Councilman Misetich, to require the redesign of the proposed residence on Lot No. 1 to minimize view impairment from the residences in the Seabluff community, subject to further review and approval by Council. The motion on the second half of the amendment, as stated above, passed on the following roll call vote: AYES: Campbell, Misetich, and Mayor Wolowicz NOES: Long and Stern ABSENT: None City Clerk Morreale restated the motion, as amended to require the redesign of the house on Lot No. 1, by Mayor Pro Tem Long, which was seconded by Councilman Stern, to adopt the staff recommendations with the following changes to: 1) condition everything upon a further ten percent reduction in the square footage of the houses; 2) require a condition to limit the invasive species on the property to protect the habitat area; and, 3) to allow a Hold Harmless Agreement to the City, but not to Terranea Resort. Councilman Stern moved an amendment to the motion, seconded by Mayor Pro Tem Long, to remove the ten percent reduction on the square footage of the homes from the main motion. The motion on the amendment failed on the following roll call vote: AYES: Long and Stern NOES: Campbell, Misetich, and Mayor Wolowicz ABSENT: None Councilman Campbell moved an amendment to the motion, to increase the ten percent reduction on the square footage of the homes to a fifteen percent reduction on the square footage. The motion died for a lack of a second. City Attorney Lynch reported that Condition No. 46 states that the landscaping within the fifteen foot rear yard setback shall be limited to California native, so that item would not be required in the motion; and clarified that Condition No. 45 would be modified to state that each of the structure sizes listed would be reduced ten percent if the motion passes; and clarified that Condition No. 12, which requires the Hold Harmless Agreement, would be modified so that an Agreement would be required only for the City and not the Terranea Resort. Councilman Campbell moved to amend the motion to require a more formal neighborhood compatibility analysis be included for the project. City Council Minutes February 2, 2010 Page 8 of 10 Council and staff discussion ensued regarding the process for a neighborhood compatibility analysis. Councilman Campbell withdrew the motion to amend. The main motion on the floor was to adopt the staff recommendations with the following changes: 1) to require the redesign of the house on Lot No. 1 to minimize view impairment; 2) a ten percent reduction in the square footage of each house; and, 3) to allow a Hold Harmless Agreement to the City, but not to Terranea Resort. The main motion passed on the following roll call vote: AYES: Long, Misetich, Stern, and Mayor Wolowicz NOES: Campbell ABSENT: None The motion included the following actions to: 1) ADOPT RESOLUTION NO. 2010-08, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CERTIFYING THE MITIGATED NEGATIVE DECLARATION; and, 2) ADOPT RESOLUTION NO. 2010-09, AS AMENDED, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES CONDITIONALLY APPROVING CASE NOS. SUB2008-00001 AND ZON2008-00074 THRU -00078 FOR A GENERAL PLAN AMENDMENT, ZONE CHANGE, COASTAL SPECIFIC PLAN AMENDMENT, VESTING PARCEL MAP, VARIANCE, COASTAL PERMIT, GRADING PERMIT AND HEIGHT VARIATIONS TO ALLOW THE FOLLOWING: GENERAL PLAN LAND USE CHANGE FROM COMMERCIAL RECREATIONAL (CR) TO SINGLE-FAMILY RESIDENTIAL, TWO-TO-FOUR DWELLING UNITS PER ACRE; ZONE CHANGE FROM CR TO RS-3; LAND DIVISION OF A 1.42-ACRE LOT INTO FOUR SINGLE-FAMILY RESIDENTIAL LOTS; A VARIANCE TO ALLOW LOT DEPTHS OF 93' INSTEAD OF 110'; HEIGHT VARIATIONS TO ALLOW THE NEW SINGLE-FAMILY RESIDENCES ON LOTS 3 AND 4 TO EXCEED THE 16-FOOT HEIGHT LIMITS; AND ALLOW A TOTAL OF 4,028 CUBIC YARDS OF GRADING TO ACCOMMODATE THE CONSTRUCTION OF SINGLE-FAMILY RESIDENCES ON FOUR NEW LOTS; ON AN EXISTING VACANT LOT LOCATED 32639 NANTASKET DRIVE, WHICH IS ON THE WEST SIDE OF NANTASKET DRIVE BETWEEN BEACHVIEW DRIVE AND SEACOVE DRIVE IN THE CITY'S COASTAL ZONE (APN 7573-014-013). Staff noted that the hearing regarding the redesign of the home on Lot 1 would be re-noticed as a public hearing. REGULAR NEW BUSINESS: Management of Rentals at Founders Park This item was removed from the agenda, to be brought back for Council consideration at a later date. City Council Minutes February 2, 2010 Page 9 of 10 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 January 19, 2010. COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS: Mayor Wolowicz stated that he would like the following item to be on the next Council Meeting Agenda: Council consideration of an endorsement of the Proposition by the League of California Cities. Mayor Wolowicz added two additional items to the future agenda items: 1) City Employee Pension Reform; and, 2) Discussion of the CORE Deputy position that was cut out of the last budget. Mayor Pro Tem Long reiterated that he would bring forward staff reports on the following topics: 1) Floor Area Ratio; and, 2)View Ordinance modifications regarding Height Variations. He noted that Councilman Stern previously mentioned the need for an item regarding Quasi-judicial decision making and that he joined him in the need for that to come forward. ADJOURNMENT: At 12:01 A.M. on February 3, 2010, Mayor Wolowicz adjourned the meeting to Tuesday, February 16, 2010 at 6:00 P.M. at Hesse Park to conduct interviews of applicants for Chair of the Traffic Safety Commission and the Emergency Preparedness Committee. dipstik .yor Attest: City Clerk W:\City Council Minutes\2010\20100202 CC MINS.doc City Council Minutes February 2, 2010 Page 10 of 10