Loading...
CC MINS 20090317 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MARCH 17, 2009 The meeting was called to order at 6:00 P.M. by Mayor Clark at Fred Hesse Community Park, 29301 Hawthorne Boulevard and was immediately recessed into a Joint Council/Redevelopment Agency Closed Session. The meeting reconvened at 7:09 P.M. City Council roll call was answered as follows: PRESENT: Long, Wolowicz, and Mayor Clark ABSENT: Gardiner (excused) and Stern (excused) Also present were Carolyn Lehr, City Manager; Carolynn Petru, Deputy City Manager; Carol Lynch, City Attorney; Dennis McLean, Director of Finance/IT; Joel Rojas, Director of Planning, Building, and Code Enforcement; Jim Bell, Director of Public Works; Greg Pfost, Deputy Planning Director; Kathryn Downs, Deputy Director of Finance/IT; Eduardo Schonborn, Senior Planner; Matt Waters, Senior Administrative Analyst; Sara Singer, Senior Administrative Analyst; and, Carla Morreale, City Clerk. FLAG SALUTE: The Flag Salute was led by Captain Anda of the Lomita Sheriff's Station, Los Angeles County Sheriff's Department. MAYOR'S ANNOUNCEMENTS: Mayor Clark announced the passing of long-time resident and Los Serenos Docent volunteer Ken Riedman, Jr. and observed a moment of silence in his honor. Mayor Clark presented Roy Jones, Jr. with the Mayor's RPV Heroes award. Mayor Clark announced that Barbara Dye of Rancho Palos Verdes had been named the Woman of the Year for the 54th State Assembly District. RECYCLE DRAWING: Mayor Clark announced Recyclers of the Month from the March 3, 2009 City Council meeting: Michael Garcia and Mike Marelli. 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 AGENDA: Mayor Pro Tern Wolowicz moved, seconded by Councilman Long, to approve the Agenda as presented. City Council Minutes March 17, 2009 Page 1 of 12 Without objection, Mayor Clark so ordered. PUBLIC COMMENTS: Joan Davidson, Palos Verdes Estates, requested consideration of an ordinance regarding registration and disclosure of lobbyists doing business in the City. She provided the definition of a lobbyist, referred to lobbyist ordinances of similar cities, and stated that the public has the constitutional right to be informed. Council and staff discussion included the following: intent to protect the public's right to be informed; interest in exploring such an ordinance; and, clarification that communication between the Council and lobbyists, private persons, or other organizations on matters of public business are not confidential. CITY MANAGER REPORT: None. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that late correspondence was distributed regarding Item 2 (Approval of the Minutes) prior to the meeting. Council and staff discussion ensued regarding the City Council Minutes as summary style minutes. Councilman Long moved, seconded by Mayor Clark, to approve the Consent Calendar with the Minutes as presented. The motion passed by the following roll call vote: AYES: Long, Wolowicz, and Mayor Clark NOES: None ABSENT: Gardiner and Stern 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) City Council Minutes March 17, 2009 Page 2 of 12 Approved the Minutes of the February 3, 2009 Regular Meeting. Metro Call for Projects 2009 Application (1404) Authorized Staff to proceed with applying for the 2009 Metro Call for Projects. 2008 Annual Report on the Implementation of the Rancho Palos Verdes Housing Element (701) Directed Staff to forward the City's Annual Progress Report on the implementation of the Rancho Palos Verdes Housing Element for the 2008 calendar year to the Department of Housing and Community Development (HCD). 2008 Annual Report on the Implementation of the Rancho Palos Verdes General Plan (701) Directed Staff to forward the City's Annual Progress Report on the implementation of the Rancho Palos Verdes General Plan in calendar year 2008 to the State Governor's Office of Planning and Research and to the Department of Housing and Community Development. Professional Services Contract Increase, CBM Consulting, Inc. (1204) Authorized an increase to the contract with CBM Consulting, Inc. for Professional/ Technical Services up to $40,000 for assistance with construction contract administration in the Water Quality and Flood Protection Program. Register of Demands ADOPTED RESOLUTION NO. 2009-17, 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: City Clerk Morreale reported that in connection with Public Hearing Item No. 8 (Proposed Affordable Housing Complex on RDA Property) staff recommended that the Redevelopment Agency (RDA) Meeting be convened, so that the public hearings being held by the RDA and the City Council in connection with this matter could be held concurrently. Redevelopment Agency roll call was answered as follows: PRESENT: Long, Wolowicz, and Chair Clark City Council Minutes March 17, 2009 Page 3 of 12 ABSENT: Gardiner (excused) and Stern (excused) Disposition and Development Agreement for a proposed Affordable Housing Complex (Case Nos. ZON2008-00649 and SUB2008-00008) on RDA property located at the northwest corner of Crestridge Road and Crenshaw Boulevard (701) City Clerk Morreale reported that notice of the public hearing was duly published, late correspondence was distributed prior to the meeting, no written protests received, and there was one request to speak on the item. Mayor Clark declared the public hearing open. Deputy Planning Director Pfost provided a summary staff report and PowerPoint presentation. Discussion between the Council and Staff included the following topics: an explanation that if the tax allocation of$5 million was not approved, the project would be abandoned; the prospects of receiving the tax allocations; the integral part the tax allocation plays in the project and the number of opportunities to apply for the tax credits; and, the recent modifications to regulations and guidelines. John Polen, Rancho Palos Verdes, outlined his reasons for opposing the project, including concerns regarding the financial obligations and the length of time for the completion of the project. Discussion between Council, staff, and the consultant included the following issues: confirmation that $3.6 million worth of construction financing comes from Affordable Housing Funds; concern regarding the completion of the project; funding security mechanisms and incentives to see the project through to completion; and, clarification regarding the role of the Redevelopment Agency in the financing and development of the project. Mayor Clark declared the public hearing closed. Additional discussion between the Council, staff, and consultants included the following topics: the schedule of performance included in the staff report; the Master Schedule as illustrated in the presentation; clarification of terms in the summary; commencement of the marketing and pre-leasing process near completion of the project by utilizing the finished Community Recreation Room as a leasing office; marketing tools to be used such as advertisements in local newspapers, establishment of waiting lists, start of leasing three months prior to completion; the Peninsula Seniors group as resource for prospective tenants; and, confirmation that three affirmative votes were needed for the approval of this agenda item. City Council Minutes March 17, 2009 Page 4 of 12 Councilman Long moved, seconded by Mayor Clark, to approve the staff recommendation. Councilman Long indicated that the project was necessary to comply with State law and would give the City the most value for its restricted funds; the project would have a positive impact on the community; and, while he acknowledged that there was no guarantee that contractual requirements would be complied with, he believed that past performance was a good indicator. He stated that this alternative provided the Council the ability to implement the project according to the City's local land use controls rather than in some other manner. Mayor Pro Tern Wolowicz clarified that while he had previously voted against the proposal due to disagreement with the Regional Housing Needs Assessment (RHNA) laws and the reaction of the surrounding neighborhoods, he would vote for the project to proceed with the majority support of the Council. Mayor Clark indicated support of the project as a way to serve the aging demographics of the City and the State laws regarding affordable housing. He noted that the project once completed will be a source of pride for the City. Councilman Long moved, seconded by Mayor Clark, to 1) Receive and file the "Summary Report Pursuant to Section 33433 of the California Community Redevelopment Law on a Disposition and Development Agreement by and between the Rancho Palos Verdes Redevelopment Agency and AMCAL Mirandela Fund, L.P. including the "Reuse Analysis, Mirandela Senior Housing Project, Rancho Palos Verdes, CA;" and, 2) ADOPT RESOLUTION NO. 2009-18, A JOINT RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY, ENTITLED: "A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AND THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY, MAKING CERTAIN FINDINGS AND APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY AND AMCAL MIRANDELA FUND, L.P.," PERTAINING TO THE DEVELOPMENT OF THE AGENCY'S CRESTRIDGE PROPERTY. The motion passed by the following City Council roll call vote: AYES: Long, Wolowicz, and Mayor Clark NOES: None ABSENT: Gardiner and Stern The motion passed by the following Redevelopment Agency roll call vote: AYES: Long, Wolowicz, and Chair Clark NOES: None ABSENT: Gardiner and Stern City Council Minutes March 17, 2009 Page 5 of 12 RECESS THE REDEVELOPMENT AGENCY MEETING: At 8:05 P.M. Mayor Clark recessed the meeting of the Redevelopment Agency. Zone Text Amendment to the Commercial Limited (CL) Zoning District (Case No. Z0N2009-00034) (1801) City Clerk Morreale reported that notice of the public hearing was duly published, written protests were included with the staff report, and late correspondence was distributed prior to the meeting. She reported that there were seven requests to speak regarding the item and noted that Mayor Pro Tem Wolowicz had a letter from the Palos Verdes Peninsula Chamber of Commerce that he wanted read into the record. Mayor Clark declared the public hearing open. Senior Planner Schonborn provided a summary staff report and PowerPoint presentation regarding the item. Council and staff discussion included the following topics: clarification on the Planning Commission's recommendation regarding which uses would be allowed within a CL Zone without a Conditional Use Permit (CUP) and which uses would be eliminated; and, clarification on the existing Code, whereby a pharmacy moving into an existing building would not need a CUP, but a CUP would be needed if a pharmacy were to move into a newly constructed building, due to a separate provision in the Municipal Code that requires a CUP for new commercial buildings. City Attorney Lynch stated that she was concerned with the Businesses and Professions Code under State law which indicated that if the City allowed for the separate sale of beer, wine and gasoline in a particular zone it was legally required to allow concurrent sale. She noted her preference to leave the Municipal Code as it currently stood with a vehicle for concurrent sale due to the State law regarding that particular topic. Mayor Clark clarified for the public that the Zone Text Amendment under discussion did not pertain to the property associated with the Valero Station, as it was currently zoned residential, even though a rezoning application was pending. Further Council discussion included the following issues: an additional burden on the Planning Department and/or business owners; the ability for the City to have more control regarding what types of commercial use should be allowed in CL zoned properties and the conditions that must be met for the approval of a CUP; clarification that the list of retail businesses "by right" was a complete list and not just a summary for the presentation; assurance by the Council that businesses with existing CL zoned uses would not have to apply for a CUP; the low frequency of applications from food markets, pharmacies, liquor stores, bakeries and coffee houses in the last 10 years; and, City Council Minutes March 17, 2009 Page 6 of 12 concerns over delays created by the CUP process vs. over-the-counter approval by staff for non-CUP required uses. Helen Fung, Rancho Palos Verdes, asked if the uses displayed in the presentation were allowed under the current CL zoning "by right" and would not need a CUP to be allowed. Council clarified that the listed uses were allowed "by right" without a CUP, but that the applicant would need to submit an application which would be reviewed for compliance and approval or denial as part of the typical process in the Planning Department. Lindley Ruddick, Rancho Palos Verdes, stated that he was opposed to any zone change of the CL zoned property and reminded the Council that the Planning Commission did not find justification for the Council's proposal to require a CUP for all allowed uses on CL zoned properties. He noted that he and many of his neighbors were opposed to a zone change for the Valero property and expressed concern for the size of any development if the appeal for the Valero property was upheld. He stated that there were concerns regarding traffic, massive appearance and lot coverage, height, setback, parking requirements, neighborhood compatibility and the potential need for variances for any new development. He noted concern with the absence of requirements, restrictions, or limits in the proposal and suggested revisions to the Municipal Code to reduce the allowable lot size coverage for all CL zoned properties of less than 1 acre to a number in the mid-teens from the present 45%. He also suggested strengthening the requirements that must be met for variances requested for any CL zoned properties, especially with regard to setback and heights. Connie Semos, Rancho Palos Verdes, asserted that the proposed Municipal Code change was being considered due to the proposed change to the Valero property, noting that she believed the proposed Code change would be punitive to currently zoned CL property owners, especially in the Miraleste Plaza. She inquired as to the length of time for a CUP to be processed and approved; and referenced a zone change in 1988 for the Seven Eleven store, noting that she disagreed with making an exception for one property owner. Joan Davidson, Palos Verdes Estates, stated that the proposed CL zone changes were being considered due to the Valero property; opined that the changes would be punitive to small businesses; questioned if the CUP really provided the control the Council was seeking; and, recommended consideration of a different kind of zoning for the Valero property. She submitted a public records request to the City Attorney regarding questions on a lobbyist ordinance. John Freeman, Rancho Palos Verdes, suggested changing the Municipal Code from allowing 45% maximum lot coverage to 15% lot coverage in the CL zones to allow for a modest building on a 1 acre CL zoned property. He stated that this would protect legitimate small businesses and residential neighborhoods instead of requiring CUPs for all CL zones. He also suggested enacting an emergency 90-day moratorium on City Council Minutes March 17, 2009 Page 7 of 12 current, pending or future CL applications and the appointment of a subcommittee to study the implications of any proposed changes. David Hsu, Rancho Palos Verdes, stated that he was concerned with the proposed changes to the CL zone, noting that it would impose an unfair burden on small businesses. He stated that the current CL zoning was working well for the residential neighborhoods and proposed a requirement for a minimum of 2.5 acres of land before a property could be CL zoned, with the grandfathering in of existing CL zones in the City. Jim Herrera, Rancho Palos Verdes, stated that he owned property in the City's CL zones and supported the adoption of the Planning Commission recommendation. He commented that the CUP process was an expensive and timely process with no guarantees of permit approval, which could be difficult for a small business owner. He noted that he was in agreement with the letter submitted by the Palos Verdes Chamber of Commerce. Councilman Long clarified that most uses in the CL zones required CUPs. He inquired if Mr. Herrera believed he would need to apply for a CUP for any of the uses in his buildings if the suggested changes were made and if the suggested changes would lower the property value of his buildings compared to the value of properties in adjoining cities. Mr. Herrera stated that he would not need to apply for a CUP for the uses in his buildings and the value of his properties would not decrease if the proposed changes were approved. Discussion between Council and staff included the following issues: clarification that a CUP would likely require a negative declaration which would necessitate a 6 to 8 month time range; some smaller neighborhood type uses in the CL zone which would not require a negative declaration, but would still need to go to the Planning Commission; larger projects generating greater public input would have a longer required time range; clarification that a use of a property is analyzed when it goes through the CUP process, so a subcommittee to analyze the process further would not be necessary; clarification that the Planning Commission makes recommendations regarding Development Code changes with the City Council making the final decision; and, the Planning Commission's recommendation which did not support making all the "by right" uses subject to a CUP. He stated that the Planning Commission identified three conditional uses that did not seem to fit in CL zones, including Bed and Breakfast Inns, golf courses, and the concurrent sales of alcohol and motor fuel. Further discussion included the following topics: uses that require a CUP and uses that do not require a CUP; lot coverage for CL zoned properties in the City; a provision in the Code requiring a CUP if a new building is constructed or 500 square feet is added; a letter from the Palos Verdes Chamber of Commerce respectfully requesting support for the Planning Commission's recommendation; and, concern regarding future CL zoned properties. City Council Minutes March 17, 2009 Page 8 of 12 Councilman Long moved, seconded by Mayor Clark, to set aside the Planning Commission's recommendation to not change the CUP uses but to modify the CL ordinance to require CUPs for food markets, pharmacies, and liquor stores. Councilman Long explained that the three uses he suggested to move to CUPs were uses that would have more impacts than the typical small office use or small business such as a coffee shop. Discussion on the motion included the following issues: a suggestion that the current Development Code was working in its present state; the intent to control the Valero property; periodic and limited changes to the Development Code when areas of improvement were recognized; clarification that the issue before them was not pertaining to Valero, but related to the entire City; and, the observation that under the current Code a liquor store could easily move to any CL zoned location without the need fora CUP. Mayor Clark declared the public hearing closed. The motion failed by the following roll call vote: AYES: Long and Mayor Clark NOES: Wolowicz ABSENT: Gardiner and Stern Councilman Long moved, seconded by Mayor Clark, to continue the item and to reopen the public hearing on May 5, 2009, with staff to solicit the views of the Palos Verdes Chamber of Commerce regarding the matter. The motion carried on the following roll call vote: AYES: Long and Mayor Clark NOES: Wolowicz ABSENT: Gardiner and Stern RECESS AND RECONVENE: Mayor Clark called a brief recess from 9:10 P.M. to 9:21 P.M. Mayor Clark introduced resident Marcella Low who was recently appointed as Chair of the Board for the South Bay Association of Chambers of Commerce (SBACC). Marcella Low, Rancho Palos Verdes, thanked the Mayor and Council Members for attending her recent installation as Chair of the SBACC. Cost Based Fee Report (602) City Council Minutes March 17, 2009 Page 9 of 12 City Clerk Morreale reported that the notice of the public hearing was duly published, no written protests were received, and late correspondence was distributed prior to the meeting on this item. Mayor Clark declared the public hearing open. Mayor Clark recommended waiving the staff report. Councilman Long and Mayor Pro Tem Wolowicz noted that they were in agreement with waiving the staff report, but requested clarification from staff regarding several points. Discussion between Council and staff included the following topics: clarification that key policy decisions needed to be made and support for subsidies for issues regarding Citywide safety; increasing the earthquake retrofit subsidy to 75% and ensuring that a sufficient definition of earthquake retrofitting was established by staff; a step-by-step process for earthquake retrofitting posted on the City website; subsidizing permits for replacement of wood shake roofs at 75%; projected costs to the City regarding an increased burden on staff to manage potential increases in permit requests; and, a one- year monitoring period to assess cost and burden to staff and revisiting the matter if deemed necessary. Councilman Long moved, seconded by Mayor Pro Tem Wolowicz, to ADOPT RESOLUTION NO. 2009-19, AS AMENDED, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ESTABLISHING A TOTAL COST ALLOCATION PLAN, APPROVING A COST OF SERVICES ANALYSIS, AND ADOPTING A MASTER SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES with the modification that earthquake retrofitting as defined in the staff report would be subsidized at a level of 75% and roofing permits to replace wood shake roofs would be subsidized at a level of 75%. Mayor Clark closed the public hearing. The motion passed on the following roll call vote: AYES: Long, Wolowicz, and Mayor Clark NOES: None ABSENT: Gardiner and Stern PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA: REGULAR NEW BUSINESS: Regional Interoperable Communications System (LA-RICS) Joint Powers Agreement (401 x 1206) City Council Minutes March 17, 2009 Page 10 of 12 Mayor Pro Tern Wolowicz moved, seconded by Councilman Long, to waive the staff report and approve the staff recommendation to: 1) ADOPT RESOLUTION NO. 2009- 20, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING THE LOS ANGELES REGIONAL INTEROPERABLE COMMUNICATIONS SYSTEM JOINT POWERS AGREEMENT (LA-RICS JPA), THEREBY AUTHORIZING THE CITY'S MEMBERSHIP IN THE LA-RICS AUTHORITY AND AUTHORIZING THE MAYOR TO EXECUTE THE JPA AGREEMENT; and, 2) Direct Staff to report back on the status of the LA-RICS Authority prior to the adoption of the funding plan with a recommendation on whether to continue the City's membership in the JPA at that time. The motion passed on the following roll call vote: AYES: Long, Wolowicz, and Mayor Clark NOES: None ABSENT: Gardiner and Stern CITY COUNCIL ORAL REPORTS: Councilman Long moved, seconded by Mayor Clark, to waive City Council Oral Reports. Without objection, Mayor Clark so ordered. Mayor Pro Tern Wolowicz announced the passing of a long-time Rancho Palos Verdes resident, Bill Stein, who was the Senior Administrator of the Port of Los Angeles for many years. COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS: Mayor Clark requested a future item addressing the pros and cons of a lobbyist ordinance for a preliminary discussion. Councilman Long requested a report from staff in the weekly report regarding a Reverse 911 System, including approximate cost and technological barriers. CLOSED SESSION REPORT: City Attorney Lynch reported on the following items: 1) Regarding the City Manager's Performance Evaluation, the Council did not have sufficient time to discuss the matter and continued the item to the next Council meeting; and, 2) Regarding the Conference with Real Property Negotiators for the Potential Purchase of Open Space, a status update report was provided and no action taken, with Councilman Gardiner and Councilman Stern absent for both items. City Council Minutes March 17, 2009 Page 11 of 12 RECONVENED THE REDEVELOPMENT AGENCY MEETING: Mayor Clark reconvened the Redevelopment Agency meeting at 9:45 P.M. JOINT CITY COUNCIL/REDEVELOPMENT AGENCY CLOSED SESSION REPORT: City Attorney/Agency Attorney Lynch reported on the following item: Regarding the threat of litigation by Ms. Joannou against the City and the Redevelopment Agency, the City Council and the Redevelopment Agency Board considered a proposal by Ms. Joannou, provided further direction to the City Attorney's Office, and no other action was taken, with Councilmen/RDA Members Gardiner and Stern absent. ADJOURNMENT: At 9:46 P.M., Mayor Clark adjourned the City Council and Redevelopment Agency meetings in the memory of Ken Riedman, Jr. to Saturday, March 21, 2009 at 9:00 A.M. at Hesse Park for the Budget Policy Issues Workshop. g1 ayor Attest: iLl City Clerk W:\City Council Minutes\2009\20090317 CC MINS.doc City Council Minutes March 17, 2009 Page 12 of 12