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CC MINS 20100601 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JUNE 1, 2010 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 7:03 P.M. City Council roll call was answered as follows: PRESENT: Long, Misetich, Stern, and Mayor Wolowicz ABSENT: Campbell (arrived at 7:38 P.M.) 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, Community Development Director; Tom Odom, Interim Director of Recreation and Parks/Deputy Director of Public Works; Nicole Jules, Senior Engineer; Kit Fox, Associate Planner; Lauren Ramezani, Senior Administrative Analyst; and, Carla Morreale, City Clerk. FLAG SALUTE: The Flag Salute was led by Councilman Stern. MAYOR'S ANNOUNCEMENTS: None. RECYCLE DRAWING: Mayor Wolowicz announced Recyclers of the Month from the May 18, 2010 City Council meeting: Marcia Spanier and Art Flicker. 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 amended, with Item No. 13 (Appeal of the Planning Commission's Conditional Approval of the Marymount College Facilities Expansion Project) to follow immediately after the Consent Calendar. Without objection, Mayor Wolowicz so ordered. City Council Minutes June 1, 2010 Page 1 of 16 PUBLIC COMMENTS: None. CITY MANAGER REPORT: City Manager Lehr introduced Destin Blais, Grant Writer, Blais & Associates, who provided an update on the City's grant application program. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that late correspondence regarding Item No. 3 (Nature Education Center Grant Application) was distributed prior to the meeting and there were ten requests to speak on the item. Councilman Misetich requested that Item No. 5 (Professional Services Agreement— Community Development Block Grant Program Administration) and Item No. 6 (Professional Services Agreement— Home Improvement Program) be removed from the Consent Calendar. Councilman Misetich moved, seconded by Mayor Pro Tem Long, to approve the Consent Calendar, with Item No. 3 (Nature Education Center Grant Application) removed from the Consent Calendar to be heard immediately after the Consent Calendar; and Item No. 5 (Professional Services Agreement— Community Development Block Grant Program Administration) and Item No. 6 (Professional Services Agreement- Home Improvement Program) removed from the Consent Calendar to follow after the Regular Business items. The motion passed on the following roll call vote: AYES: Long, Misetich, Stern, and Mayor Wolowicz NOES: None ABSENT: Campbell 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 City Council Minutes June 1, 2010 Page 2 of 16 Approved the Minutes of the May 4, 2010 Regular Meeting. Nature Education Center Grant Application This item was removed from the Consent Calendar for separate consideration. Award a Three-Year As-Needed Maintenance Contract to the Los Angeles Conservation Corps (LACC) for FY10-11 to FY12-13 1) Approved project specifications for the subject project; 2) Awarded a three-year as- needed maintenance contract to the Los Angeles Conservation Corps (LACC) with an option to renew for three one-year extensions by mutual agreement; and, 3) Authorized the Mayor and City Clerk to execute the as-needed maintenance contract with the LACC. Professional Services Agreement — Community Development Block Grant Program Administration This item was removed from the Consent Calendar for separate consideration. Professional Services Agreement— Home Improvement Program This item was removed from the Consent Calendar for separate consideration. Water Quality and Flood Protection Program-Public Hearing for Annual User Fee Rate FY10-11 ADOPTED RESOLUTION 2010-38, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, DESIGNATING A TIME AND PLACE FOR HEARING PROTESTS IN CONNECTION WITH THE PROPOSED LEVY OF THE ANNUAL STORM DRAIN USER FEE FOR FISCAL YEAR 2010-11. License Agreement with Universal Waste Systems, Inc. Authorized the Mayor and City Clerk to execute the license Agreement with Universal Waste Systems, Inc. for the temporary use of a portion of the City Yard. Professional Services Agreement for FY10-11 through FY12-13; National Pollutant Discharge Elimination System (NPDES)/ Total Maximum Daily Load (TMDL) Implementation 1) Awarded a professional services contract to John L. Hunter and Associates, Inc. (JLHA) for FY10-11 through FY12-13 for National Pollutant Discharge Elimination System (NPDES) work, for an amount not to exceed $58,045 for FY10-11, $61,630 for City Council Minutes June 1, 2010 Page 3 of 16 FY11-12, and $62,455 for FY12-13; inclusive of up to $5,000 each fiscal year for unspecific services related to unanticipated events such as major sanitary sewer overflows, or new adopted rules and regulations based upon time and materials; and up to $12,500 annually for services related to Total Maximum Daily Load (TMDL) implementation; and, 2) Authorized the Mayor and City Clerk to execute an agreement with John L. Hunter and Associates, Inc. April 2010 Monthly Report of Cash Balances Received and filed the April 2010 Monthly Report of Cash Balances for the City of Rancho Palos Verdes. Register of Demands ADOPTED RESOLUTION NO. 2010-39, 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: Nature Education Center Grant Application Deputy City Manager Petru provided a staff report regarding the Nature Education Center Grant Application. Councilman Campbell arrived at 7:38 P.M. Council and staff discussion ensued. Betty Field Strauss, Rancho Palos Verdes, stated that she had concerns with the fragile environment in Portuguese Bend. She reported that she lives near Alta Mira Canyon and has friends who live on Narcissa Road, noting that there are ongoing problems with the land movement above Abalone Cove. She stated that any action taken at the Abalone Cove location could impact the lives of many residents in the community. Vicki Pinkham, Rancho Palos Verdes, stated that she appreciated the time and effort staff has invested in the grant application, and noted that Abalone Cove Shoreline Park needs some improvement, but expressed concern with the size of the proposed 8,000- 10,000 square foot structure and that public input has not been sought regarding the desire of the residents. Dana Ireland, Rancho Palos Verdes, stated that he echoed the previous speakers concerns, noting that there was the need for some improvement at the site, but that City Council Minutes June 1, 2010 Page 4 of 16 dialogue should take place with the residents that live adjacent to and in near proximity to the property. William Swank, Rancho Palos Verdes, stated that he believed staff's goals are to improve access to the parks while having others fund the project. He stated that access could be improved by improving the trails, restroom facilities, and parking lot, without building an 8,000-10,000 square foot building at Abalone Cove Shoreline Park, since it was not consistent with the Coast Vision Plan. He reported that he had reviewed the grant materials and noted that the structure could consist of indoor or outdoor educational displays. Lynn Swank, Rancho Palos Verdes, stated that Pt. Vicente Interpretive Center is the appropriate venue for educational programs and expressed concern for the funding to be spent to apply for the grant, which exceeds the amount deleted from the budget one week ago. She expressed interest in the funding of other projects in the City. Sunshine, Rancho Palos Verdes, stated that while she was on the Open Space, Planning, and Park and Recreation Task Force, the recommendation in the strategic plan for the Abalone Cove Shoreline Park was to keep the site for passive activity. She noted that the application does not mention the California Coastal Trail which should be a priority if trails are to be improved at this location. Lenee Bilski, Rancho Palos Verdes, stated that she was opposed to the item being placed on the Consent Calendar before a holiday weekend, noting that the City was formed to save the coastline. She stated that she was opposed to the City placing a building on the small portion of coastal zone land available in the City of Rancho Palos Verdes; that there were numerous agencies that will be reviewing the project; and that the building of a structure of 10,000 square feet would have adverse physical and environmental effects on the area, which probably could not be mitigated. She stated that the Nature Center should be built in Gateway Park as indicated in the recently approved Coast Vision Plan. Robert Haase, Rancho Palos Verdes, stated that the City needs to preserve the precious little remaining open space that it currently has, noting that there should be a focus on the improvement of the trails and landscaping of Abalone Cove Shoreline Park. He opined that the building currently located down on the beach could be remodeled and enhanced with the addition of landscaping. Lowell Wedemeyer, President, West Portuguese Bend Community Association (HOA), Rancho Palos Verdes, stated that he has spoken with a number of people although the HOA has not taken a position regarding the matter. He stated that the concern is that the grant application has been placed ahead of the Planning process for Abalone Cove Shoreline Park. He noted that the building of a structure has been opposed by all with whom he has spoken and suggested alternative plans for improving the site which may be well received by the community. City Council Minutes June 1, 2010 Page 5 of 16 Eva Cicoria, Rancho Palos Verdes, stated that she was surprised with the proposal for Abalone Cove Shoreline Park at the same time that the silhouette is erected for the Annenberg Project at Lower Pt. Vicente, noting that Abalone Cove has a more rugged and natural atmosphere and suggested the grant application be used to fund another project. Ken Dyda, Rancho Palos Verdes, stated that the grant application is not without cost since staff time will be spent on the application. He opined that a building was not necessary at the proposed location at Abalone Cove and noted that the existing building located on the beach could be improved. Discussion ensued between Council, staff and the grant consultant. Mayor Pro Tem Long moved, seconded by Councilman Stern, to approve the staff recommendation to: ADOPT RESOLUTION NO. 2010-40, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING THE APPLICATION FOR NATURE EDUCATION FACILITY PROGRAM FUNDS AVAILABLE THROUGH THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006. The motion passed with the following roll call vote: AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz NOES: None ABSENT: None RECESS AND RECONVENE: Mayor Wolowicz called a brief recess from 8:45 P.M. to 8:53 P.M. REGULAR NEW BUSINESS: Appeal of the Planning Commission's Conditional Approval of the Marymount College Facilities Expansion Project (Case No. ZON2003-00317) / 30800 Palos Verdes Drive East City Clerk Morreale reported that Mayor Wolowicz had requested that this item be moved up on the agenda and there was one request to speak on the matter. Community Development Director Rojas provided a brief staff report on the item. Lois Karp, Concerned Citizens Coalition/Marymount Expansion (CCC/ME), Rancho Palos Verdes, stated that she objected to two points that were changed in the CEQA City Council Minutes June 1, 2010 Page 6 of 16 Resolution, since they were not part of the CEQA process. She stated that her first point was regarding required notification when additional sports are proposed to be added; noting that she believes there should be a public hearing if sports are proposed to be added. Ms. Karp stated that her second point was that regarding the Residence Halls, there was the omission of the words regarding the failure to gain the support of the Planning Commission. Don Davis, attorney for Marymount College, Burke, Williams and Sorensen, stated that Marymount College has no official comments to add this evening and that the staff has addressed the issues regarding the CEQA Resolution. Dr. Michael Brophy, President, Marymount College, Rancho Palos Verdes, stated that he was grateful the process was reaching a conclusion and thanked the Council and staff for the many hours of work on the Marymount College Project. Council and staff discussion ensued. Mayor Pro Tem Long moved to adopt the staff recommendation to adopt the resolutions as presented by staff with the request that the change be made to reflect the Planning Commission decision on the dormitories as referenced by the City Attorney and staff. City Attorney Lynch read into the record the change contained in the CEQA Resolution, Section 4, on page 13-133. She stated that the first sentence remains unchanged, and the second sentence is revised to state "At the conclusion of the Planning Commission's deliberations, the Residence Halls failed to gain support from a majority of the Commissioners and thus were excluded from the Revised Project, ..." with the remainder of the sentence unchanged. Mayor Pro Tem Long moved, seconded by Councilman Stern, to adopt the staff recommendation to: 1) ADOPT RESOLUTION NO. 2010-41, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CERTIFYING THE PROJECT'S ENVIRONMENTAL IMPACT REPORT, INCLUDING APPENDICES A AND D, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WITH A MITIGATION MONITORING AND REPORTING PROGRAM AND A STATEMENT OF OVERRIDING CONSIDERATIONS; and, 2) ADOPT RESOLUTION NO. 2010-42, AS AMENDED, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, UPHOLDING THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF THE PROPOSED EXPANSION PROJECT WITH THE FOLLOWING MODIFICATIONS THAT: A) REDUCE THE HEIGHT OF THE PROPOSED ATHLETIC BUILDING A TOTAL OF 10-FEET AND REQUIRE LANDSCAPING, CONSISTING OF PRESERVED AND REPLANTED EXISTING MATURE TREES ON THE SOUTHERN SLOPE, TO HELP SCREEN THE ATHLETIC BUILDING AND THE ADJACENT RETAINING WALL THAT SUPPORTS THE FIRE ACCESS LANE; B) REQUIRE THAT INCOMING STUDENTS TAKE A DRIVER TRAINING COURSE REGARDING LOCAL ROADWAY CONDITIONS; C) IDENTIFY ALTERNATIVE NO. D-2 AS THE City Council Minutes June 1, 2010 Page 7 of 16 APPROVED DESIGN AND LAYOUT OF THE ATHLETIC FIELD AND SPLIT TENNIS COURTS WITH THE FOLLOWING CONDITIONS: 30-FOOT RETRACTABLE NETTING ON THE NORTH, SOUTH AND THE ENTIRE LENGTH OF THE WEST SIDE OF THE ATHLETIC FIELD; 20-FOOT HEIGHT TENNIS COURT FENCING AROUND THE ENTIRE PERIMETER OF THE WEST TENNIS COURTS; 6-FOOT HIGH WROUGHT IRON FENCING ALONG THE CURVATURE OF PALOS VERDES DRIVE EAST BETWEEN THE EAST TENNIS COURTS AND THE DETENTION BASIN; and, D) ACCEPT THE COLLEGE'S OFFER TO PAY $200,000 TOWARDS THE CITY'S CONSTRUCTION OF A ROADWAY MEDIAN BARRIER ALONG THE CURVATURE OF PALOS VERDES DRIVE EAST. The motion passed with the following roll call vote: AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz NOES: None ABSENT: None RECESS AND RECONVENE: Mayor Wolowicz called a brief recess from 9:37 P.M. to 9:43 P.M. PUBLIC HEARINGS: Planning Case No. ZON2007-00377 (Code Amendment, Zone Change & Environmental Assessment): Residential Development Standards Steering Committee (RDSSC) Code Amendment and Zone Change [continued from May 4, 2010, and May 18, 2010] City Clerk Morreale reported that this public hearing was continued from May 18, 2010. Associate Planner Fox provided a brief staff report regarding this item. Councilman Stern stated that he would recuse himself from the topic of private street easement lot coverage, as referenced on page I5-71, per the advice of the City Attorney. Mayor Pro Tem Long asked if he would need to recuse himself since his property appears to be a corner lot. Community Development Director Rojas stated that he would review the GIS map and respond to the question in a few minutes. Council and staff discussion ensued. Community Development Director Rojas and City Attorney Lynch responded to Mayor City Council Minutes June 1, 2010 Page 8 of 16 Pro Tern Long's earlier question stating that his lot was not considered a corner lot. Councilman Misetich moved, seconded by Councilman Campbell, to adopt the staff recommendation to: 1) ADOPT RESOLUTION NO. 2010-43, AS AMENDED TO EXCLUDE I5-71, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, THEREBY CERTIFYING THE NEGATIVE DECLARATION; and, 2) INTRODUCE ORDINANCE NO. 510, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, ADOPTING MISCELLANEOUS AMENDMENTS TO THE PROVISIONS OF TITLE 17 (ZONING) OF THE CITY'S MUNICIPAL CODE AND THE CITY'S ZONING MAP TO ENACT THE RECOMMENDATIONS OF THE RESIDENTIAL DEVELOPMENT STANDARDS STEERING COMMITTEE. Mayor Pro Tern Long specifically noted that he was opposed to both the Staff and Planning Commission recommendation and supported the RDSSC recommendation regarding IS-1 (Rear setback); he opposed the Staff recommendation and supported the Planning Commission and RDSSC recommendation regarding I5-13 (Side setback); and he opposed the Staff and Planning Commission recommendation and supported the RDSSC recommendation regarding I5-133 (Street side fence and wall height). The motion passed with the following roll call vote: AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz NOES: None ABSENT: None At 10:18 P.M., Councilman Stern recused himself from the discussion of from the discussion of I5-71, to exclude private street easement lot coverage, and left the dais. Council and staff discussion ensued regarding IS-71. Mayor Wolowicz moved, seconded by Councilman Misetich, to adopt the staff recommendation regarding I5-71, to include this one component in the ordinance. The motion passed with the following roll call vote: AYES: Campbell, Long, Misetich, and Mayor Wolowicz NOES: None ABSENT: Stern (recused) Mayor Wolowicz and the Council expressed their thanks for the work of the members of the Residential Development Standards Steering Committee. PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA: City Council Minutes June 1, 2010 Page 9 of 16 REGULAR NEW BUSINESS: Beautification Grant Program Modification City Clerk Morreale reported that late correspondence was distributed prior to the meeting and that there were four requests to speak regarding the item. Mayor Pro Tem Long moved, seconded by Mayor Wolowicz, to waive the staff report and go immediately to Council questions. Without objection, Mayor Wolowicz so ordered. Senior Administrative Analyst Ramezani provided a PowerPoint presentation of photographs of projects that have been completed and those in need of work, and charts that indicate funding that has been used for various purposes. Council and staff discussion ensued. Lois Karp, Past President of the Mediterranea HOA, Rancho Palos Verdes, stated that the Mediterranea HOA has used the Beautification Grant Program over the years to make improvements such as landscaping, sign placement, and replacement of a failing fence on public property locations. She encouraged the continuance of grants to HOAs and public outreach regarding recycling to churches and schools to use towards median improvements. Lois Karp, speaking on behalf of Jon Cartwright, President of Council of Homeowners Association (CHOA), read from his letter stating that CHOA had observations and recommendations regarding the Beautification Program. She stated that the Beautification Grant Program staff report of June 1, 2010 did not address the Council's concerns that the Grant funds may not be optimally distributed among residents; a disproportionate amount of the funds were paid to the more organized HOA groups; and staff was directed to bring back alternatives for the Council's consideration. She opined that the money being discussed is the residents' money, not the City's money, since the residents pay the trash bills. Chuck Ingraham, CHOA, Ridgecrest-East HOA, Rancho Palos Verdes, stated that the beautification grants are funded by the residents' efforts to recycle, noting that the Program has been very equitably run for years by the Public Works Department. He stated that improvements could be made to the Program by reaching out to the community, which has landscape architects, managers and engineers on staff. Betty Riedman, Rancho Palos Verdes, stated that she was in support of the Beautification Grant Program and asked why the grants are considered gifts. She stated that neighborhood groups who organize should be able to apply for the funds as well as HOAs. She inquired as to the difference between grants for neighborhood City Council Minutes June 1, 2010 Page 10 of 16 beautification and grants to other entities such as Pet Protector's Leagues, Peninsula Seniors and PV Library Annex. Lynn Swank, Rancho Palos Verdes, stated that she strongly supports the use of recycling funds for Citywide improvement projects such as median improvements. She stated that choosing to recycle is a personal choice and some residents choose to take their recyclables into a recycling center themselves. Ken Dyda, Rancho Palos Verdes, stated that although many of the improvements are made on private property, many of the sites are facing a public right of way, so the improvement beautifies the City streets. He noted that a great deal of the improvement work is often done by neighbors. He agreed that a greater portion could be used for the public works projects such as medians and possibly public/private arrangements to repair the fences on the rear side of lots. Mayor Pro Tem Long moved, seconded by Councilman Stern, to approve the staff recommendation, with staff instructed to establish a subcommittee to work towards the preservation of the program but consider changes that may address some of the concerns that have been expressed. Councilman Misetich moved an amendment to create a subcommittee consisting of two Council Members and five community members. Mayor Pro Tem Long restated the motion, seconded by Councilman Campbell, to adopt the staff recommendation, in order to continue and improve the beautification grant program, and appoint a subcommittee consisting of Councilman Campbell, Mayor Pro Tem Long, and obtain applications for and appoint five additional people to be selected by the Council consisting of one representative of CHOA, one representative of an HOA that does not belong to CHOA, and three residents of neighborhoods that are not members of an HOA. The motion passed with the following roll call vote: AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz NOES: None ABSENT: None RECESS AND RECONVENE: Mayor Wolowicz called a brief recess from 11:44 P.M. to 11:52 P.M. FY10-11 Advisory Board Work Plans City Council Minutes June 1, 2010 Page 11 of 16 City Manager Lehr provided a brief staff report regarding the item. Deputy City Manager Petru highlighted the following two additional items that staff was seeking direction regarding: 1) the consideration for the Finance Advisory Committee to review the cost-benefit analysis of the replacement of the City Hall buildings; and 2) a request from the Emergency Preparedness Committee regarding a continuation of the Emergency Preparedness Newsletter and the addition of funding for emergency supplies to be distributed to residents. Council and staff discussion ensued. Lynn Swank, Chair, Traffic Safety Commission (TSC), Rancho Palos Verdes, stated that Council action taken at the Budget Review Session on May 22, 2010, might impact the Traffic Safety Commission's ability to achieve some of their work plan goals. She stated that she had concerns regarding the elimination of the comprehensive minutes; staff support time for the TSC; and the elimination of the City Newsletter. City Manager Lehr stated that action minutes will be taken by the staff member supporting the TSC and that an audio tape recording may be considered for reference purposes. She stated that with the elimination of the City Newsletter, other avenues will be considered to provide information to the public. Councilman Misetich moved, seconded by Councilman Stern, to approve the FY10-11 Work Plans for the Emergency Preparedness Committee, Finance Advisory Committee and Traffic Safety Commission. The motion passed with the following roll call vote: AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz NOES: None ABSENT: None Councilman Stern moved, seconded by Councilman Misetich, to direct the Finance Advisory Committee to review the cost-benefit analysis for replacement of the City Hall buildings. The motion passed with the following roll call vote: AYES: Campbell, Misetich, Stern, and Mayor Wolowicz NOES: Long ABSENT: None Mayor Wolowicz moved, seconded by Mayor Pro Tem Long, to modify the Emergency Preparedness Committee Work Plan to reflect the Council's decisions on May 22, 2010. City Council Minutes June 1, 2010 Page 12 of 16 The motion passed with the following roll call vote: AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz NOES: None ABSENT: None Floor Area Ratios Mayor Pro Tem Long moved, seconded by Mayor Wolowicz, to waive the staff report and hear speaker comments on the matter. Without objection, Mayor Wolowicz so ordered. Ken Dyda, Rancho Palos Verdes, stated that the use of Floor Area Ratio is only one approach to residential development and remodeling, and should not be the only criteria used in determining development. He suggested the use of a simple computer generated envelope model projection of the effect of the various criteria could help identify the possible end result of the project, noting that the problem of development creep over time seems to be the primary issue. Mayor Pro Tem Long agreed with the comments of Mr. Dyda and stated that he brought this item forward for Council discussion because of the issue of gradual size creep in neighborhoods. He noted that if there was Council support in the possible adoption of the use of Floor Area Ratio criteria, staff could be directed to take the matter to the Planning Commission for review. Council discussion ensued. Mayor Pro Tern Long moved, seconded by Councilman Campbell, to direct staff to present the issue of Floor Area Ratio to the Planning Commission for its independent review and recommendation to be brought back to the Council for its consideration. The motion passed with the following roll call vote: AYES: Campbell, Long, and Misetich NOES: Stern and Mayor Wolowicz ABSENT: None Height Variation Permit View Findings Mayor Pro Tern Long provided a brief staff report regarding the item. Council and staff discussion ensued. City Council Minutes June 1, 2010 Page 13 of 16 Ken Dyda, Rancho Palos Verdes, stated that the items that are considered "views" in the View Ordinance are clearly defined. He continued that the property owner has a 16- foot by right height that is allowable for any building and that if that structure blocks a view, the increment above it has no impact. He stated that a recent practice has been to apply the 16-foot by right height across the entire property and opined that it was never meant to be used in that manner, but was only intended for the building envelope, which has certain setbacks that it must comply with in order to provide a view corridor between buildings. Councilman Stern moved, seconded by Mayor Wolowicz, to receive and file and take no action on the matter. The motion passed with the following roll call vote: AYES: Misetich, Stern, and Mayor Wolowicz NOES: Campbell and Long ABSENT: None ITEMS REMOVED FROM THE CONSENT CALENDAR: Professional Services Agreement— Community Development Block Grant Program Administration City Clerk Morreale reported that Councilman Misetich requested this item be removed from the Consent Calendar for separate consideration. Mayor Pro Tem Long moved, seconded by Councilman Misetich, to waive the staff report on this item and the next (Professional Services Agreement— Home Improvement Program) and to allow questions regarding both items jointly. Councilman Misetich inquired as to the methodology staff used to select the two final companies for the Community Development Block Grant Program Administration and the Home Improvement Program, noting that he spoke with Deputy Public Works Director Odom during the break. Deputy Public Works Director Odom clarified the criteria regarding the hourly rates as proposed by the firms and the work proposals for the projects as included in the staff report. Councilman Misetich moved, seconded by Councilman Stern to: 1) Approve a professional services agreement with Diana Cho and Associates to administer the Community Development Block Grant Program for a not-to-exceed amount of$18,500 for FY10-11, with two one-year options to renew the agreement in FY11-12 and FY12- 13 with the mutual consent of both parties; and, 2) Authorize the Mayor and City Clerk to execute the proposed Agreement with Diana Cho and Associates. City Council Minutes June 1, 2010 Page 14 of 16 The motion passed with the following roll call vote: AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz NOES: None ABSENT: None Professional Services Agreement— Home Improvement Program City Clerk Morreale reported that Councilman Misetich requested this item be removed from the Consent Calendar for separate consideration. Councilman Misetich's questions regarding this item were addressed as part of the previous item regarding the Community Development Block Grant Program Administration. Councilman Misetich moved, seconded by Councilman Stern to: 1) Approve a professional services agreement with MDG Associates, Inc., to administer the Home Improvement Program for a not-to-exceed amount of$30,000 for FY10-11, with two one-year options to renew the agreement in FY11-12 and FY12-13 with the mutual consent of both parties; and, 2) Authorize the Mayor and City Clerk to execute the proposed Agreement with MDG Associates, Inc. The motion passed with the following roll call vote: AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz NOES: None ABSENT: None CITY COUNCIL ORAL REPORTS: Councilman Stern moved, seconded by Councilman Campbell, to waive the City Council Oral Reports until the next Regular Meeting. Mayor Wolowicz suggested that the City Council Oral Reports be moved up on the agenda at the next Regular Meeting. CLOSED SESSION REPORT: City Attorney Lynch reported on the following Closed Session items: 1) Unanimous direction was given to the City Attorney regarding negotiations with the Portuguese Bend Club, (4-0) with Councilmember Campbell absent; 2) Report provided and no action taken; 3) Report provided and no action taken; and, 4) Report provided and no action taken. City Council Minutes June 1, 2010 Page 15 of 16 ADJOURNMENT: At 1:02 A.M. on June 2, 2010, Mayor Wolowicz adjourned the meeting. r/L trea44:- ayor Attest: C-- &/1 tta_ / I, City Clerk W:\City Council Minutes\2010\20100601 CC MINS.doc City Council Minutes June 1, 2010 Page 16 of 16