CC MINS 20070515 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
MAY 15, 2007
The meeting was called to order at 7:22 P.M. by Mayor Long at Fred Hesse Community
Park, 29301 Hawthorne Boulevard.
City Council roll call was answered as follows:
PRESENT: Clark,* Gardiner, Stern, Wolowicz and Mayor Long
ABSENT: None
*Councilman Clark left the meeting at 9:01 P.M.
Also present were City Manager Carolyn Lehr, City Attorney Carol Lynch, Deputy City
Manager Carolynn Petru, Director of Planning, Building & Code Enforcement Joel
Rojas, Director of Public Works Jim Bell, Director of Finance/Information Technology
Dennis McLean, Associate Planner Kristen Sohn, Assistant Planner So Kim, Assistant
Engineer Bindu Vaish, Associate Planner Kit Fox, City Clerk Carla Morreale and
General Manager Channel 33 Gabriella Holt.
FLAG SALUTE:
The Flag Salute was led by Councilman Gardiner.
Ceremonial:
Jackie Bacharach, of the South Bay Cities Council of Governments (SBCCOG),
explained the composition of the organization, briefly summarized their programs and
noted that they were interested in receiving feedback from the Member cities. She
indicated that they were open to member requests and she touched on Regional
Housing Needs Assessment issues, air quality issues, energy saving requirements and
the joint procurement program. She pointed out that by working together small cities
could receive some benefits only available to larger cities and she asked
Councilmembers to email suggestions and ideas to her.
MAYOR'S ANNOUNCEMENTS:
Mayor Long reported that the City would host its annual free Household Hazardous
Waste and Electronics waste roundup on May 19, 2007, at the City Hall site.
RECYCLE DRAWING:
Mayor Long announced Joseph A. Morgan and Ray Knauss as recyclers of the month
from the May 1, 2007 Council meeting. He indicated that all winners received a check
for $250 representing a year of free refuse service and he urged everyone to participate
in the City's recycling program.
APPROVAL OF AGENDA:
City Clerk Morreale noted that staff had requested that Item 12 be removed from the
agenda and returned on a future agenda.
Mayor Long suggested that Items 20 and 21 be moved to follow immediately after the
Consent Calendar.
Councilman Clark moved, seconded by Mayor Pro Tem Stern, to approve the Agenda
as amended.
Hearing no objection, Mayor Long so ordered.
PUBLIC COMMENTS:
None.
CITY MANAGER REPORT:
Melani Smith, Melendrez Consulting Firm, summarized the planning process, schedule
and the contents of the Vision Plan for the coastal areas of the City and the Portuguese
Bend Nature Preserve. With the aid of slides, she discussed the progress made so far
and the remaining tasks noting that they were working with the City, the Council
subcommittee, the Land Conservancy, and the Public Use Master Plan committee. She
reported that the Annenberg Foundation was investigating the possibility of a
companion animal facility at the Lower Point Vicente site and they were working with
consultants and a community advisory group on further developing this concept. She
indicated that a public workshop related to the Public Use Master Plan (PUMP) was
planned for the summer of 2007 followed by a public workshop in September 2007
where a draft revision plan will be reviewed, and a PUMP element will be provided
along with a conceptual plan for Lower Pointe Vicente Park and that the plan approval
process was expected to begin by the end of the year.
Ms. Smith reported that staff was evaluating the idea of a donor recognition site, an
outdoor education component spearheaded by the City's docents, and an equestrian
center, but noted that further conversations with the City geologist were necessary
regarding this last facility.
Councilman Gardiner noted that certain areas of the City were not included and Mayor
Long expressed hope that the Vision Plan was mindful of what had already been
approved.
APPROVAL OF CONSENT CALENDAR:
City Council Minutes
May 15, 2007
Page 2of21
Councilman Gardiner asked that Item 7 be removed from the Consent Calendar for
separate consideration.
Councilman Wolowicz inquired if the revised agreements for Items 3, 5, and 6 had
significant changes.
City Attorney Lynch explained that the changes not were not significant and reflected a
request from the Council to change the insurance references from Standard and Poor's
and Moody's to Best Insurance Guide.
Mayor Pro Tem Stern moved, seconded by Councilman Clark, to approve the Consent
Calendar with Items 7 and 12 removed.
The roll call vote reflected unanimous approval.
Motion to Waive Full Reading
Adopted a motion to waive reading in full of all ordinances presented at the meeting with
consent of the waiver of reading deemed to be given by all Council Members after the
reading of the title.
Approval of the Minutes (301)
Approved the Minutes of November 21, 2006, December 5, 2006, December 19, 2006
and January 27, 2007.
Award a Three Year As-Needed Maintenance Services Contract for At-Risk Youth
Employment to Los Angeles Conservation Corps for FY07-08 through FY09-10
(1705 x 1204)
1) Awarded a three year as-needed maintenance services contract, as amended, for At-
Risk Youth employment to the Los Angeles Conservation Corps (LACC), in the amount
not to exceed $25,000 per year for FY 07-08 through FY 09-10, for Measure A grant
funded projects; and, 2) Authorized the Mayor and City Clerk to execute a three year
as-needed maintenance services contract for At-Risk Youth employment with the Los
Angeles Conservation Corps (LACC), in the amount not to exceed $25,000 per year for
FY 07-08 through FY 09-10, for Measure A grant funded projects.
Used Oil Recycling Block Grant for FY 2007-08 (1301)
Authorized the application of the FY 2007-08 (13th Cycle) used oil block grant to
continue the used oil and filter recycling program for City of Rancho Palos Verdes (City)
residents; and, 2) ADOPTED RESOLUTION NO. 2007-53, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS TO EXECUTE ANY AGREEMENTS, CONTRACTS,
City Council Minutes
May 15, 2007
Page 3of21
AND REQUESTS FOR PAYMENT AS NECESSARY TO IMPLEMENT THE
PROGRAM.
Professional Services Agreement— Community Development Block Grant
Program Administration (601)
1) Approved a professional services agreement with Diana Cho and Associates, as
amended, to administer the Community Development Block Grant Program for a not-to-
exceed amount of$17,500 for FY 2007-2008, a not-to-exceed amount of$17,500 for
FY 2008-2009, and a not-to-exceed amount of$17,500 for FY 2009-2010; and, 2)
Authorized the Mayor and City Clerk to execute the proposed Agreement with Diana
Cho and Associates.
Professional Services Agreement— Home Improvement Program (601)
1) Approved a professional services agreement with MDG Associates, Inc., as
amended, to administer the Home Improvement Program for a not-to-exceed amount of
$30,000 for FY 2007-2008, a not-to-exceed amount of$30,000 for FY 2008-2009, and a
not-to-exceed amount of$30,000 for FY 2009-2010; and, 2) Authorized the Mayor and
City Clerk to execute the proposed Agreement with MDG Associates, Inc.
Award of Professional Services Contract for Independent Auditing Services (602)
This item was removed from the Consent Calendar for separate consideration.
Notice of Completion for the Hesse Park Retaining Wall Waterproofing Project
(1201)
1) Accepted the project as complete; 2) Authorized the City Clerk to file a Notice of
Completion with the County Recorder and if no claims are filed within 35 days after
recordation, upon the contractor posting an acceptable warranty bond, notice the surety
company to exonerate the Payment and Performance bonds; and, 3) Authorized the
Director of Public works to release the 10% retention payment to Kronos Painting, 35
days after recordation of the Notice of Completion by the County Recorder contingent
upon no claims being filed against the contractor, and the contractor posting an
acceptable warranty bond.
Notice of Completion for the Hesse Park Restrooms Accessibility Compliance
Project (1201)
1) Accepted the project as complete; 2) Authorized the City Clerk to file a Notice of
Completion with the County Recorder and if no claims are filed within 35 days after
recordation, upon the contractor posting an acceptable warranty bond, notice the surety
company to exonerate the Payment and Performance bonds; and, 3) Authorized the
Director of Public works to release the 10% retention payment to Creative Home
Interiors, 35 days after recordation of the Notice of Completion by the County Recorder
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May 15, 2007
Page 4of21
contingent upon no claims being filed against the contractor, and the contractor posting
an acceptable warranty bond.
Approval of Membership in the California JPIA for the City of Los Alamitos (902)
Authorized the Mayor, as the City Council's delegate to the California Joint Powers
Insurance Agency, to vote in favor of the City of Los Alamitos being accepted as a new
member.
Claim Against the City by George Hanna (303)
Rejected the claim and directed staff to notify the claimant.
Award Construction Contract for Sunnyside Ridge Storm Drain Project (604 x
1204)
This item was removed from the agenda for consideration at a future date.
Channel 33 Expense Reimbursement to General Manager(305)
Approved the reimbursement of expenses to the Channel 33 General Manager in the
amount of$4,149.56.
Acceptance of Maintenance Responsibility for Open Space Lots in the Oceanfront
Estates Community (Tract Map No. 46628) (1411)
1) Acknowledged that the responsibility for maintaining the revegetated habitat on Lots
80 through 86, inclusive, of Tract Map No. 46628 (Oceanfront Estates) is being
transferred from the developer, Capital Pacific Homes (CPH), to the City in accordance
with the 1999 Development Agreement between the City and CPH; and, 2)Authorized
the Mayor to sign an amended Operating Agreement with the Palos Verdes Peninsula
Land Conservancy (PVPLC) to assign the habitat maintenance responsibility for the
portions for these lots that are part of the Natural Communities Conservation Plan
(NCCP) preserve to the PVPLC.
Budget Adjustment to Complete the Acquisition of the Property on Tarragon
Adjacent to Palos Verdes Drive South (950 X 103)
ADOPTED RESOLUTION NO. 2007-54, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2006-41,
THE BUDGET APPROPRIATION FOR FY06-07, FOR BUDGET ADJUSTMENTS TO
THE GENERAL FUND AND THE WATER QUALITY FLOOD PROTECTION FUND.
Register of Demands
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May 15, 2007
Page 5 of 21
ADOPTED RESOLUTION NO. 2007-55, 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.
# # # # # #
Appointments to the Emergency Preparedness Committee (401 X 106)
The Council unanimously appointed Jennifer Boudreau, Melvin Hughes and Richard
Kimball Smith to the Emergency Preparedness Committee, each with a four-year term
of office until May 2011.
2007 Rancho Palos Verdes Pavement Management Update (1403)
Public Works Director Bell provided a brief summary of the staff report.
Councilman Clark pointed out that the development of the Terranea project would
create much wear on Palos Verdes Drive South (PVDS) and he inquired if the
maintenance of the road was a condition of approval of the project.
City Attorney Lynch indicated that it was not.
Planning Director Rojas agreed to check on a requirement to document the existing
condition of the road.
Public Works Director Bell explained that maintenance of PVDS was not a condition of
approval, but he felt it was something that the City and Terranea should be concerned
about because even if it is not a requirement Terranea's customers would be affected
by a damaged road and they should think about assisting to provide a first class
roadway. He indicated that there could be money available from Prop 1B funds as the
arterials badly needed some work. He observed that if there had been more consistent
funding toward arterials the City would be in a better situation, but stated that it was
caught early enough to make a difference. He presented several maintenance
alternatives and proposed budgets.
Responding to Councilman Wolowicz, Assistant Engineer Vaish explained that
pavement maintenance of arterial streets require more money and are generally
dependent on Federal money or Prop C funds. She indicated that the City is requesting
more funds for arterial improvements and the aggregate total costs including
maintenance of PVDS will be $2.1 million or more.
Public Works Director Bell explained that the current proposal did not look dramatically
different from the previous model but it worked better and spent money more efficiently.
He noted that the frequency of paving was the same as the prior model, but residential
street expenditures were reduced by balancing the zones where work was performed in
a more logical program.
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May 15, 2007
Page 6 of 21
Finance Director McLean explained that the previous model for pavement management
had dramatic swings from one year to the next, while the new model balanced the work
to be performed in the seven zones and smoothed out the costs more evenly.
Mayor Long inquired if the swings in the pavement management program were the
reality of what maintenance the streets required and if the model should be adjusted to
the budget or the budget to the model.
Councilman Gardiner stated that he understood the proposal to be that the streets
would look the same but there would be a savings in expenditures, but he suggested
continuing the item to give Mayor Long an opportunity to discuss his concerns with the
consultants.
Finance Director McLean offered to meet with Mayor Long and Public Works Director
Bell to better explain the program.
Councilman Gardiner suggested approving Year 1 of the Pavement Management
Program since it was not a huge departure from the past program and holding
remaining years of the program for approval until outstanding questions were answered.
Councilman Clark suggested approving the motion, subject to a revisit during budget
adoption, and in the interim allowing time for Mayor Long to meet with staff regarding
his concerns with the necessary changes to the program.
Councilman Clark moved, seconded by Councilman Gardiner, to: 1) Receive and file
the 2007 Pavement Management Report; 2) Direct Staff to include the estimates of cost
for the arterial and residential roadway overlay and slurry seals presented in the Fiscal
Impact section of the report in the draft FY07-08 budget and draft 2007 Five-Year
Financial Model; and 3) Establish the improvement of the arterial roadway condition as
a high priority for the use of future funds as they become available (i.e., the City's $1.4
million share of Proposition 1B transportation funds).
A roll call vote reflected the following:
AYES: Clark, Gardiner, Stern, and Wolowicz
NOES: Mayor Long
ABSENT: None
ABSTAIN: None
Councilman Gardiner suggested reordering the Agenda to move up Item 22.
RECESS AND RECONVENE:
Mayor Long called a brief recess from 8:47 P.M. to 8:58 P.M.
After the Recess, the agenda was reordered, bringing Item 22 to be heard prior to the
City Council Minutes
May 15, 2007
Page 7 of 21
Public Hearings.
Councilman Clark left the meeting at 9:01 P.M.
Channel 33 Equipment Purchase and Service Contract with TelVue Virtual
Television Networks (TVTN) (305)
Gabriella Holt, introduced Dave Moody from the Princeton Server Group.
Councilman Wolowicz moved, seconded by Mayor Pro Tem Stern, to approve the
Princeton Server Group quotation in the amount of$26,131.34 and authorize the Mayor
and City Clerk to execute the service and support agreement with TelVue Virtual
Television Networks (TVTN) with the City Attorney's revisions, in the amount of$4,200
in order to implement digital operations and broadcasts support for Channel 33.
City Attorney Lynch reported that there were still negotiations ongoing with TVTN
regarding the agreement, and if the concerns were not resolved, the item would be
brought back to Council.
PUBLIC HEARINGS:
Case No. ZON2005-00536 (General Plan Amendment, Zone Change, Coastal
Specific Plan Amendment, Vesting Tentative Tract Map No. 67532, Coastal Permit,
Variance, Grading, and Environmental Assessment) and Case No. ZON2006-
00180-182 (Height Variation for Lots 3 through 5); Property Owner: Dana Ireland;
Site Address: 32639 Nantasket Drive, a Vacant Lot between Beachview Drive and
Sea Cove Drive (701 X 1203)
City Clerk Morreale reported that notice of the public hearing was duly published and
written protests were included in the late correspondence distributed prior to the
meeting. She indicated there were eight requests to speak.
Planning Director Rojas introduced the item noting that the project was a request to
build five homes which required a land use decision from Council.
Associate Planner Sohn provided a summary of the material of record.
Councilman Wolowicz received clarification that the Planning Commission had not seen
the revised plans for the project.
Planning Chair William Gerstner explained that a series of decisions were made by the
Planning Commission, each dependent on the previous decision with the focus on
whether the recommendation for a zone change was appropriate; and the Planning
Commission reached the point where they were not able to prove the compatibility of
three of the homes. He indicated that if the Council approved the zone change, the
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May 15, 2007
Page 8 of 21
Planning Commission could then consider the last three homes and make the final
decisions without Council involvement.
Mayor Pro Tem Stern inquired if other alternatives had been considered by the Planning
Commission, noting that the RS-4 homes in the area average about 3000 square feet;
the RS-1 areas have larger homes on large lots; and, that adding the 80,000 square
foot apartment building into the calculations skewed the numbers, so none of it
matched. He acknowledged that the project was complicated and that the Planning
Commission did a good job addressing the issues.
Responding to Mayor Pro Tem Stern, Planning Chair Gerstner reported that several
alternatives were discussed but since the neighborhood was predominantly RS-4 and
the property was large enough to support four houses, the Planning Commission
decided that RS-4 seemed appropriate. Planning Chair Gerstner reported that the
Commission came to their conclusions after analysis of the information, extensive
discussion of the nature of the neighborhood, and extensive examination of the square
footage of the proposed homes with the numbers analyzed relative to the homes
presently in the neighborhood.
Responding to Councilman Gardiner, Planning Chair Gerstner reported that the
Commission had not concluded that the project consisting of five houses created its
own neighborhood.
Councilman Gardiner inquired if preexisting non-conforming buildings could or could not
be used in the analysis, as cited in the Hamilton vs. Board of Supervisors Case.
City Attorney Lynch explained that the issue in the Hamilton Case was about
perpetuating a zoning variance by approving an addition. She indicated that there were
different issues involved with this project including the legislative issue of what zone the
homes should be placed into and if the Council wished to grant a variance, noting that
those decisions were up to the discretion of Council.
Councilman Gardiner received clarification that the Council had the discretion to
maintain the current zoning or to change the zoning to RS-2 which would go back to the
Planning Commission for consideration.
Mayor Long commented on the uniqueness of the lot and expressed dissatisfaction with
the neighborhood compatibility process. He reported that a number of cites have a
formula whereby there are limitations to the allowable square footage of houses based
upon the square footage of the lots.
City Attorney Lynch and Mayor Long discussed Prop M and its implications.
Mayor Long asserted that the ordinance was a violation of the intent of the voters and
City Attorney Lynch observed that the majority of the Council disagreed with him on that
point.
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May 15, 2007
Page 9 of 21
Mayor Pro Tern Stern inquired if staff had a particular view as to what an appropriate
residential zoning for the area would be.
Planning Director Rojas explained that staff did not think RS-4 was inappropriate since
the majority of the actual zoning and densities in the area were RS-4. He indicated that
there was some discussion of comparing the project to RS-1 homes, which are also
nearby but not in the same zoning district, which the guidelines do not allow.
Mayor Pro Tern Stern noted that legal non-conforming was not what Council wanted to
see propagated and the City zoning was changed because they did not want to see
more and more high-density apartments. He questioned why staff would want to
approve something the City conceptually rejected as the way to evolve.
Planning Director Rojas clarified that, in making its recommendation, staff had
separated the two distinct issues of land use and structures. He stated that in
assessing the appropriate land use or zoning, staff relied on the existing land use in the
area. Staff noted that the founding fathers, in creating the City's first Zoning Map, had
zoned the area including the apartment buildings as RS-4 which staff deemed
appropriate for the applicant's property as it would match the adjacent zoning and
residential developments at that density. However, in terms of assessing how large of
houses should go on the RS-4 zoned lots, staff did not believe it was right to factor in
the size of the apartment buildings.
Responding to Mayor Pro Tern Stern about the affordable housing issue, Planning
Director Rojas explained that staff had made it clear to the developer that the provision
of one affordable unit was required per the ordinance, and that at some point in the
future the developer would like to demonstrate that it is not feasible to provide the unit,
but until that action is taken, staff is conditioning the project such that the unit be built on
site.
City Attorney Lynch clarified that what is before them is a condition that says the
developer shall provide an affordable housing unit.
Responding to Councilman Gardiner, Planning Director Rojas explained that staff's
position was that five lots were appropriate, but the homes were too large.
Planning Chair Gerstner explained that the decision was based on predominant land
use in the area and clarified that when considering land use, zoning is the issue, not the
structure on the land.
Councilman Wolowicz inquired if there were any variances regarding setbacks on lot
coverage.
Planning Chair Gerstner clarified that there were no variances regarding setbacks or lot
coverage.
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May 15, 2007
Page 10 of 21
Mayor Long opened the public hearing.
Dana Ireland, applicant, provided a project booklet with additional information, a copy of
the site plan, a copy of the unanimous vote of the Council for a zone change of the site,
and copies of comments which he took as direction to define a detailed project. He
acknowledged that an error had been made with a deficient lot line in the rear and he
noted that they were trying to look at property rights to move forward on the project.
With the aid of slides, Mr. Ireland discussed sizes of the proposed homes and other
homes in the area noting that given the context of the 80,000 square foot apartment
building across the street, the proposed homes would appear in context. He asserted
that neighborhood compatibility should include the consideration of the appearance of
the structures and not just the total square footage. He indicated that they were asking
for four units per acre while there were 40 units per acre across the street. He
presented slides of views and view impacts noting that the negative votes were about
neighborhood compatibility, not about height. He reported reviewing the tape of the
meeting, taking all suggestions into consideration, and making changes to the project
accordingly.
Responding to Mayor Pro Tem Stern, Mr. Ireland explained that they looked at the
appropriate width and depth of the lots and concluded that five lots was the optimum
number for the site. He added that they had also taken the appropriateness of the side
yard setback into consideration.
Mayor Pro Tem Stern expressed surprise that there was no request for a variance for a
front-yard setback and opined that the flags were right on top of him when he viewed
the development site.
Mr. Ireland asserted that was the nature of the silhouette and flags and that it was not
an accurate representation of how the project would look upon completion.
Responding to Councilman Wolowicz, Mr. Ireland explained that Lots 1 and 2 would be
filled to create a level yard and clarified that all the calculations were made from the
existing grade, rather than from finished grade.
Mayor Long received clarification that staff had reviewed the elevations, and the profiles
accurately represent how the Terranea development would affect the views.
Mr. Ireland reminded that the Terranea project has a 65-foot tall five-story hotel.
Michael Finnegan, asset manager for Pacific Property Company, the owner of the Villa
Apartments, asked for denial of the project due to the mass and bulk.
Responding to Mayor Pro Tem Stern, Mr. Finnegan indicated that it was his
understanding that the Pacific Property Company did not object to having the property
rezoned from commercial to residential.
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May 15, 2007
Page 11 of 21
Bob Nelson, Rancho Palos Verdes, reported that the Seabluff Homeowners Association
voted unanimously against the project. He indicated that he had attended all of the
meetings and had heard no one but the developer speak in favor of the project. He
quoted the Planning Commission minutes where speakers expressed strong opposition
to violating the provisions of the General Plan by amendment or otherwise, noting that
every time the General Plan is changed the City loses. He asserted that neighborhood
compatibility guidelines did not exist when one could declare five houses a
neighborhood unto itself and asked that the matter be sent back to the Planning
Commission with the applicant redirected to meet with the neighbors to formulate a
satisfactory plan.
Mayor Pro Tern Stern pointed out that the property was presently zoned commercial
recreation and he questioned whether the preference was to leave it that way with a
conforming utilization of that property or to change it to residential which would require a
General Plan amendment.
Mr. Nelson indicated that he personally would like to see four one-story homes at the
site and noted that if Lot 1 were eliminated, Seabluff views would be preserved. He
agreed with excluding the Villa Apartments from the neighborhood compatibility analysis
and indicated that he did not have a problem with the closeness of the homes to each
other, but had a problem with bulk, mass and view impairment.
Mayor Pro Tem Stern pointed out that the by-right area of 16 feet in height was
excluded from the view analysis and inquired if Mr. Nelson believed that there was a
significant view impairment of the area in excess of the by-right.
Mr. Nelson stated that while he did not have a problem with a by-right height of 16 feet,
he explained that he has a 6 foot pad on Lots 1 and 2 and it was his understanding that
he plans to build on top of that pad. He opined that the view as presented was
erroneous and while he agreed that something should be developed on the site, he did
not want to see total view destruction.
Lisa Brant, an attorney representing clients on Sea Cove Drive, noted they objected to
the current proposal of five very large homes on a single lot requiring eight applications,
an amendment to the General Plan, an amendment to the Coastal Specific plan,
rezoning, and variances to existing zoning, all indicating that the project is inconsistent
with community standards. She commented that the Planning Commission appeared to
be bending over backwards to maximize profits over the good of the community and
reported that her clients intended to fight the approval of the project to the full extent of
the law, including going to court. She pointed out that pursuant to the Government
Code, the General Plan can only be amended if the amendment is in the public interest
and no argument has been made to that effect. She asserted that the proposal was
injurious to surrounding neighborhoods and greatly diminished views.
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May 15, 2007
Page 12 of 21
Ms. Brant reported that the Planning Commission had indicated that the project was
consistent because of the Villa Apartments but non-conforming uses cannot be
considered under the law. She felt that declaring it a neighborhood unto itself illustrated
a type of mental gymnastics and pointed out the high standard under California law as
to when variances are allowed to be granted. She asserted that no variances were
needed for Mr. Ireland to develop his property and he had submitted alternate proposals
to develop the property that would not require variances. She asserted that just
because the property would be more valuable to Mr. Ireland was not enough of a
reason to grant variances and maximizing his profits above the interests of the
community would be inconsistent with the laws of California, and the planning and
zoning that the community worked so hard to put in place.
Mayor Pro Tem Stern inquired what zoning the residents of Sea Cove believed to be the
appropriate zoning.
Ms. Brant felt the zoning should stay commercial as that would be in the better public
interest but if it was changed to residential it should be RS-1.
Councilman Wolowicz expressed concern that if were to be turned into a public place
there would be parking and traffic issues, as the owner could build a 150-unit Bed and
Breakfast structure on the site.
Ms. Brandt pointed out that what would be allowed for commercial recreational would be
rather small and noted it was proper to consider residential zoning as RS-1 not RS-4,
while including open space issues in the analysis.
Responding to Councilman Gardiner, Ms. Brant indicated that her clients would prefer
RS-2 over RS-4.
Councilman Gardiner noted that their intent was to balance concerns.
Paul Wright, Rancho Palos Verdes, indicated that their view would not be impacted but
he opposed the project as it would create a densely populated neighborhood. He noted
that he supported the rezoning of the site to RS-2.
David Emenhiser, Seabluff Homeowners Association President, Rancho Palos Verdes,
observed opposition on three sides of the project and he expressed concern with
blocked views, negatively affected home values in the area, overflow parking into their
neighborhood and a project that differed greatly from what Mr. Ireland discussed with
the Association one year ago. He wanted to see the Council send the project back to
the Planning Commission or to have the opposition sit down with Mr. Ireland and work
out a compromise.
Councilman Wolowicz commented on suggested parking ordinances and Mr.
Emenhiser provided statistics about the number of cars in the area noting that the
Association had not discussed the possibility of a commercial venture.
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May 15, 2007
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Mayor Pro Tern Stern pointed out that under the present proposal, staff believed that
Lots 1 and 2 were within the by-right area and did not require a variance, or under the
ordinance, cause a view blockage.
Councilman Gardiner suggested that if more houses were built, the more views would
be blocked.
Mayor Pro Tern Stern indicated that was not the issue and the view impairment
depended on the size of the homes.
Mr. Emenhiser explained that neighbors were told that the by right construction could be
to 16 feet, but the silhouette flags on the site were at the height of 30 feet and they were
worried their views would be blocked.
Juan-Carlos Monnaco, Rancho Palos Verdes, opposed the project due to substantial
view blockage and the resulting negative economic impact. He asserted that photos
were taken from angles which reduced the appearance of the actual view obstruction
and disagreed with the way grading was allowed to affect the view so that a 16-foot
structure becomes a 30-foot structure. He opined that the houses should have been
required to have height variation permits.
Ranjan Bajaria, Rancho Palos Verdes, expressed opposition to the project due to
concerns with view blockage, traffic and parking.
Mayor Long stated that views from second stories were not protected under the view
ordinance; and Ms. Bajaria acknowledged that her first story view was not affected and
they used a bedroom on the second story for their living area as it received more light.
Councilman Wolowicz noted that Ms. Bajaria's home was located across the street from
the apartment building and it was not easy to see Lot 2 from her driveway.
Councilman Gardiner received clarification that if the Council approved the changes and
allowed RS-4, the developer could by-right block the view. He inquired if the Planning
Commission could ask the developer to move the house to the right or left to preserve
view corridors.
City Attorney Lynch clarified that only public view corridors would be protected.
Dana Ireland believed the public interest was being served by taking the conflict of
commercial and residential traffic off of the same streets; noted that there would be a
requirement for a variance for the development of the Commercial Recreational (CR)
zone since the minimum lot depth is 250 feet and they were asking for less than that;
noted that his project would be woven into a very comprehensive and complex public
use facility with Terrenea as the next door neighbor and the Vanderlip trail that goes
along the bluff top. He indicated that he has observed that people from the apartments
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May 15, 2007
Page 14 of 21
park on the street because it is more convenient, not because the lot is full and that is a
use issue as opposed to a zoning issue. He acknowledged that Mr. Monnaco had the
most impacted view, and they had tried to address the project so that it minimizes that
impact and he disputed the accuracy of the unanimous vote cited by Mr. Nelson.
RECESS:
Mayor Long called for a brief recess from 11:23 P.M. to 11:29 P.M.
The Council agreed upon the order in which to consider the issues, discussing the
legislative items first including the General Plan Amendment, Zone Change, and
Coastal Plan Amendment; received clarification that they had the discretion to
determine the zoning on the property, with the understanding that the decision could not
be arbitrary or unreasonable; decided that the issue would be required to be returned to
the Planning Commission in order for them to discuss the less dense residential
standards for consideration; and decided they would not proceed with the other
components of the project, as they would be moot.
City Attorney Lynch explained that the City Council could either decide to rezone the
property or leave more of the decision to the property owner by allowing him to decide
to leave the property at Commercial Recreational or change it to a lesser density
Residential zoning designation.
Councilman Gardiner stated that he appreciated all the work the owner had put into the
development of the property and would like to allow the owner the maximum flexibility
for the property, but believed the homes were too large for the size of the lots.
Councilman Gardiner moved, seconded by Mayor Pro Tem Stern, to deny the current
application and send the matter back to the Planning Commission with instructions that
the zoning be changed from CR to RS-2 zoning, which would allow for three homes on
the site.
Councilman Wolowicz commented that the parcel was of an awkward configuration and
that Mr. Ireland had followed everything by the book. He believed it would be difficult to
approve any kind of commercial recreational business at the site, since it is in a
residential area, but he did not think any apartment buildings had been approved since
the incorporation of the City. He acknowledged other neighborhoods with apartment
buildings next to homes and opined there was a need to change the General Plan
although he was not sure whether he supported RS-2, RS-3 or RS-4 at this particular
site.
Mayor Long stated that he did not support the motion, because he believed the decision
of zoning was a legislative decision and the Council's to make. He opined that
residential zoning was the most appropriate designation, but did not favor RS-4; was not
persuaded that view issues were significant because of the Terranea development;
believed Council's mandate was not to place large houses on small lots and stated this
was a classic example of why the City needed square footage limitations specific to lots.
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May 15, 2007
Page 15 of 21
Councilman Gardiner indicated that he would not be opposed to changing the zoning to
RS-2 residential, but he believed the applicant was not playing by the rules, since he
wanted to change eight of them.
Mayor Pro Tem Stern stated he believed the property was mis-zoned and no one was
trying to change the rules, but he wanted to know if Mr. Ireland wanted the latitude
suggested by Councilman Gardiner.
Mayor Long reopened the public hearing.
Mr. Ireland indicated that he took property rights seriously and had made an application
based upon meetings with staff of what was deemed to be appropriate. He inquired if
the RS-4 zoning was the real issue or if the issue was the size of the homes. He
reported taking due diligence by speaking to operators of boutique hotels and there was
some interest in that idea, but they had not pursued that idea because they went
forward with the staff recommendation. He indicated that he wanted to understand
Council's concerns and would attempt to address those concerns within reasons.
Council Members indicated that the mass of the project was the main issue.
Planning Director Rojas commented that neighborhood compatibility was at play and
the City could limit the homes to 1,000 square feet.
Mayor Long disagreed and he stated that the precedent being set would be to use the
80,000 square feet structure to inflate the numbers.
Mr. Ireland pointed out that the Code limited the amount of lot coverage available and if
Council wanted the lot coverage to be decreased he could do that. He stated that if the
zoning was changed to RS-2 he would be limited to three houses which would be an
undesirable project from a builder's or owner's perspective. He indicated that RS-3 was
more manageable and would provide the open space Council and the residents were
looking for and noted he would have to reexamine the CR possibilities.
City Attorney Lynch pointed out that the one aspect of the project that Council could not
consider was the issue of economic viability.
Councilman Wolowicz stated he realized Council could not consider the economic
viability, but he expressed concern that at some point the developer might decide to put
up a hotel. He indicated that he preferred an RS-3 designation.
Councilman Gardiner observed that most of the time there was not much the City could
do to prevent mansionization, but this was a case where a zone change is being
requested and the Council has the opportunity to help preserve some open space. He
indicated that RS-2 would accomplish that goal while RS-3 would not, but if Council
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May 15, 2007
Page 16 of 21
changed the zoning to RS-3 he believed the owner should also have the option to
reevaluate the desirability of retaining the CR zoning.
Mr. Ireland clarified that they were proposing 4 homes of 6000 square feet on 12,000 to
14,000 square foot lots.
Mayor Long closed the public hearing.
Councilman Gardiner moved, seconded by Mayor Pro Tem Stern, to deny the current
applications and remand the item back to the Planning Commission with instructions
that consideration be given to rezone the project from CR to RS-2 or RS-3.
A roll call vote reflected the following:
AYES: Gardiner, Stern, Wolowicz, and Mayor Long
NOES: None
ABSENT: Clark
ABSTAIN: None
Councilman Gardiner moved, seconded by Mayor Pro Tem Stern, to suspend the rules
and conduct business after 1 1:00 P.M.
Without objection, Mayor Long so ordered.
Tract Map Amendment (Case No. SUB2006-00020): Amendment No. 3 to Tract
Map No. 31617 to Permit a Wider Range of Minor Accessory Structures Outside
the Building/Grading Restriction (BGR) Line on Lots 42 through 46, Inclusive
(Ocean Terrace Drive and Pacifica Drive) (1411 X 1203)
City Clerk Morreale reported that notice of the public hearing was duly published and no
written protests were received. She indicated there was one request to speak.
Without objection, Mayor Long waived the staff report.
Mayor Long opened the public hearing.
Linda Muckel, applicant, stated that she concurred with staff's recommendation.
Mayor Long closed the public hearing.
Mayor Pro Tem Stern moved, seconded by Councilman Wolowicz, to ADOPT
RESOLUTION NO. 2007-56, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, THEREBY CONDITIONALLY APPROVING THE
REQUESTED TRACT MAP AMENDMENT (CASE NO. SUB2006-00020). A roll call
vote reflected the following:
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May 15, 2007
Page 17 of 21
AYES: Gardiner, Stern, Wolowicz, and Mayor Long
NOES: None
ABSENT: Clark
ABSTAIN: None
General Plan Amendment & Zone Change Initiation Request (Case No. ZON2007-
00134) (Applicant: Gulian Design; Landowner: Jovan & Lisa Vavic; Property
Address: 3324 Seaclaire Drive) (701 X 1802)
City Clerk Morreale reported that notice of the public hearing was duly published and no
written protests were received. She indicated there was one request to speak.
Without objection, Mayor Long waived the staff report.
Mayor Long opened the public hearing.
Edward Gulian, applicant, expressed support for the staff recommendation.
Mayor Long closed the public hearing.
Mayor Pro Tem Stern moved, seconded by Councilman Wolowicz, to allow the
applicant to submit the necessary applications and proceed through the review process
for a proposed change in the General Plan Land Use and Zoning Designation for a
portion of the subject site. A roll call vote reflected the following:
AYES: Gardiner, Stern, Wolowicz, and Mayor Long
NOES: None
ABSENT: Clark
ABSTAIN: None
REGULAR NEW BUSINESS:
Proposed Ordinance to Address Targeted Residential Picketing (1103)
City Attorney Lynch noted that a revised ordinance with a very minor change was
distributed as part of the late correspondence prior to the meeting and presented the
staff report. She indicated that the ordinance had been reviewed by a First Amendment
expert and was modeled after an ordinance upheld by the courts in San Francisco and
San Diego.
Councilman Gardiner inquired if the fact pattern was the same between the situation in
Rancho Palos Verdes and the citied cases and expressed concern about the 300 foot
limitation.
City Attorney Lynch explained that in one case the court commented that 300 feet might
be too large depending on the area of issue. She reported meeting with affected
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May 15, 2007
Page 18 of 21
residents who experienced distress and anxiety disorders from the noise of the
picketing and they requested that the City use the maximum setback that could be
proposed.
Mayor Long indicated that he could think of some cases where 300 feet would not be
enough and suggested accepting the proposed ordinance and dealing with a challenge
if it arises.
Councilman Wolowicz commented on an instance where picketing was harassing a
resident and the surrounding neighbors and indicated the proposed ordinance was
intended to provide some protection.
Councilman Gardiner noted that a 300-foot buffer resulted in moving the picketers to
someone else's house and inquired if governing the conduct of the picketers might be a
better approach.
City Attorney Lynch reported that the ordinance limited loud and raucous noise within
300 feet of any residence which is intended to harass, threaten or intimidate; and
residents were advised by the Sheriff not to engage with protesters who may attempt to
provoke them into behavior that the picketers can use against the residents. She
acknowledged that intent to harass was very difficult to prove.
The Council discussed whether the ordinance would leave the City open to dispute but
concluded that since the ordinance was modeled after a previously defended ordinance
it was reasonable and sufficient for the City.
Councilman Wolowicz moved, seconded by Mayor Pro Tem Stern, to adopt the staff
recommendation to Read Ordinance No. 458, "AN ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES, AS AMENDED, AMENDING TITLE 9 OF THE RANCHO
PALOS VERDES MUNICIPAL CODE TO ADD REGULATIONS GOVERNING
PICKETING IN RESIDENTIAL ZONES IN THE CITY" by title only, waived further
reading, and introduced the Ordinance.
A roll call vote reflected the following:
AYES: Stern, Wolowicz and Mayor Long
NOES: Gardiner
ABSENT: Clark
ABSTAIN: None
Items removed from the Consent Calendar:
Award of Professional Services Contract for Independent Auditing Services (602)
Councilman Gardiner indicated that he believed seven years was too long to use the
same auditing service.
City Council Minutes
May 15, 2007
Page 19 of 21
Mayor Pro Tern Stern pointed out that staff was recommending an extension to the
contract because they did not have enough time to prepare an RFP.
Councilman Wolowicz acknowledged Councilman Gardiner's concerns and indicated
that the contract should be sent out to bid next year. He expressed confidence in the
ability of the firm the City uses and indicated that their fees were quite reasonable.
Councilman Wolowicz moved, seconded by Mayor Pro Tern Stern, to approve the
attached Professional Services Agreement for Independent Auditing Services with
Vavrinek, Trine, Day & Co., LLP ("\TID") for an amount "not to exceed" $35,000 with the
recommendation that staff leave sufficient time to send out an RFP next year.
A roll call vote reflected the following:
AYES: Gardiner, Stern, Wolowicz, and Mayor Long
NOES: None
ABSENT: Clark
ABSTAIN: None
CITY COUNCIL ORAL REPORTS:
Mayor Long asked that Oral Reports be deferred to the next meeting.
Councilman Wolowicz commended City staff on its presentation to the Appeals Board of
the South Bay Cities Council of Governments regarding the Regional Housing Needs
Assessment (RHNA) allocation, which resulted in a 1/3 reduction of the requirement for
affordable housing for the City of Rancho Palos Verdes, from 90 units to 60 units.
COUNCIL DISCUSSION OF FUTURE AGENDA ITEMS & SUGGESTION OF FUTURE
AGENDA ITEMS:
Councilman Gardiner asked that the Eastview and school district matter be put on a
future agenda.
CLOSED SESSION REPORT:
City Attorney Lynch stated that a report was given to the Council regarding price and
terms of payment negotiations regarding the Crestridge property; and further direction
was given to the City negotiators by City Council with Councilman Gardiner expressing
opposition.
ADJOURNMENT:
At 12:34 A.M., the meeting was adjourned to Tuesday, May 29, 2007, at 6:00 P.M. for
an Adjourned Regular Meeting and Budget Work Session at Point Vicente Interpretive
Center.
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May 15, 2007
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Mayor
Attest:
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City Clerk
W:\City Council Minutes\2007\20070515 CC MINS.doc
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