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RPVCCA_DM_2011_04_19_02_20110315_DRAFT_CC_MINSDraft City Council Minutes March 15, 2011 Page 1 of 8 DRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MARCH 15, 2011 The meeting was called to order at 7:10 P.M. by Mayor Long at Fred Hesse Community Park, 29301 Hawthorne Boulevard. City Council roll call was answered as follows: PRESENT: Campbell, Misetich, Stern, Wolowicz, and Mayor Long ABSENT: None Also present were Carolyn Lehr, City Manager; Carolynn Petru, Deputy City Manager; Carol Lynch, City Attorney; Joel Rojas, Community Development Director; Dennis McLean, Director of Finance/Information Technology (IT); Ray Holland, Director of Public Works; Greg Pfost, Community Development Deputy Director; Ron Dragoo, Senior Engineer; Eduardo Schonborn, Senior Planner; Adam Raymond, Senior Administrative Analyst; Judy Huey, Senior Administrative Analyst; and Teresa Takaoka, Deputy City Clerk. Also present: Planning Commissioners Dave Tomblin (Chair), William Gerstner and Paul Tetrault (Vice Chair). FLAG SALUTE: The Flag Salute was led by Betty Wheaton. MAYOR’S ANNOUNCEMENTS: Mayor Long introduced Los Serenos de Point Vicente Docent Herb Raymond who provided an overview of the Junior Docent Program recently developed and implemented by the Docents. Junior Los Serenos de Pointe Vicente Docent Serena Williams shared the benefits and experiences she has enjoyed while participating in the program. Deputy Knox from the Lomita Sheriff’s Station gave a presentation regarding the use of hand-held devices while driving; the perils of “distracted driving” and his gratitude over recent Public Service Announcements that the Sheriff’s department has been able to develop with the assistance of RPVTV regarding these issues. Mayor Long introduced Rebecca Kim, Field Deputy, who replaces Mike Gin in Supervisor Don Knabe’s Fourth District in Los Angeles County. Ms. Kim said she is very excited to learn more about the cities on the Peninsula and is looking forward to working with our communities. 2-1 Draft City Council Minutes March 15, 2011 Page 2 of 8 RECYCLE DRAWING: Mayor Long announced Recyclers of the Month from the March 1, 2011 City Council meeting: Al Mashouf and Hisahide Kimura. 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. Without objection, Mayor Long so ordered. PUBLIC COMMENTS: (Audience comments for items not on the agenda) Sharon Yarber, Rancho Palos Verdes, commented on the pending Annenberg application and the San Ramon/Tarapaca project . She strongly recommended that no funds be expended on projects like Grandview Park or studies for a new City Hall until the issue of San Ramon Canyon be addressed. CITY MANAGER REPORT: None. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: Mayor Long requested that Item No. 7 (Establish Four-Way Stop Controls at the Intersection of Ambergate Drive and Brookford Drive) be removed from the agenda. Councilman Campbell asked that Item 3 (Claim Against the City by Zachary Freeman) be removed from the Consent Calendar to be immediately discussed after Regular Business. Councilman Wolowicz moved, seconded by Councilman Stern, to approve the Consent Calendar with Item No. 7 removed and Item 3 to follow immediately after Regular Business. The motion passed on the following roll call vote: AYES: Campbell, Misetich, Stern, Wolowicz, and Mayor Long NOES: None ABSENT: None 2-2 Draft City Council Minutes March 15, 2011 Page 3 of 8 Motion to Waive Full Reading Adopted a motion to waive reading in full of all ordinances presented at this meeting with consent of the waiver of reading deemed to be given by all Council Members after the reading of the title. Approval of the Minutes Approved the Minutes of the February 28, 2011 Adjourned Regular Meeting and the March 1, 2011 Regular Meeting. Claim Against the City by Zachary Freeman This item was removed from the Consent Calendar for separate consideration. Claim Against the City by James Reuter Rejected the claim and directed staff to notify the claimant. Claim Against the City by Alfred Voce Rejected the claim and directed staff to notify the claimant. Authorization to Increase the Expenditure Amount to the City’s Maintenance Contract Approved an increase in the expenditure limit to the maintenance contract with Hardy & Harper, Inc. Establish Four-Way Stop Controls at the Intersection of Ambergate Drive and Brookford Drive This item was removed from the agenda. Register of Demands ADOPTED RESOLUTION NO. 2011-11, 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. # # # # # # 2-3 Draft City Council Minutes March 15, 2011 Page 4 of 8 Code Amendment to Implement Certain Programs Identified in the City’s Housing Element (Case No. ZON2010-00183) / Citywide Deputy City Clerk Takaoka reported that notice of the public hearing was duly published and no written protests received, late correspondence was distributed prior to the meeting. Senior Planner Schonborn presented an overview of the code amendment as identified in the City’s housing element. Mayor Pro Tem Misetich inquired about the emergency shelter provision and the level of public outreach that had been pursued prior to bringing this forward. Senior Planner Schonborn explained that due to state legislation that requires such facilities to be allowed by right, Senate Bill (SB2), the City is compelled to comply. Councilman Wolowicz inquired whether there could be a negative impact to residents embedded in the legislation that could affect our residents at a later time. City Attorney Lynch opined that the uses would have to fall within the parameters of the law, otherwise the City could use Code Enforcment as one means to bring the use into compliance. Discussion ensued between Council and staff. Councilman Stern moved, seconded by Councilman Campbell to adopt staff recommendation to: 1) ADOPT RESOLUTION NO. 2011-12, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES CERTIFYING A NEGATIVE DECLARATION; AND, 2) INTRODUCE ORDINANCE NO. 518, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, AMENDING TITLE 17 (DEVELOPMENT CODE) OF THE CITY’S MUNICIPAL CODE, TO ESTABLISH REASONABLE ACCOMMODATIONS PROCEDURES FOR INDIVIDUALS WITH DISABILITIES, TO ESTABLISH STANDARDS FOR SINGLE-ROOM OCCUPANCY FACILITIES, TO IDENTIFY A ZONE IN WHICH EMERGENCY SHELTERS ARE A PERMITTED USE, AND TO ESTABLISH PROCEDURES FOR THE DEVELOPMENT OF TRANSITIONAL AND SUPPORTIVE HOUSING (CASE NO. ZON2010-00183). The Public Hearing was held on this matter and there were no requests to speak on the item. The motion passed on the following roll call vote: AYES: Campbell, Misetich, Stern, Wolowicz, and Mayor Long NOES: None ABSENT: None Revision “WW” to the Trump National Golf Course Project 2-4 Draft City Council Minutes March 15, 2011 Page 5 of 8 Deputy City Clerk Takaoka reported that notice of the public hearing was duly published and no written protests were received. Deputy Community Development Director Pfost provided a very brief staff report regarding the item. Mayor Pro Tem Misetich Moved, seconded by Councilman Stern, to adopt the staff recommendation to: 1) ADOPT RESOLUTION NO. 2011-13, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ADOPTING ADDENDUM 42 TO ENVIRONMENTAL IMPACT REPORT NO. 36; 2) ADOPT URGENCY ORDINANCE NO. 519U, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES APPROVING AMENDMENT NO. 11 TO THE TRUMP NATIONAL DEVELOPMENT AGREEMENT, AUTHORIZING AN EXTENSION TO THE DEVELOPMENT AGREEMENT TO SEPTEMBER 21, 2011 AND DECLARING THE URGENCY THEREOF; 3) Authorize the Mayor and the City Clerk to Execute the documents on behalf of the City; 4) Extend Vesting Tentative Tract Map No. 50666 consistent with the term of the Development Agreement; and, 5) ADOPT RESOLUTION NO. 2011-14, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING GRADING PERMIT NO. 1541 TO ALLOW AN EXTENSION TO THE OPERATION OF THE DRIVING RANGE TO SEPTEMBER 21, 2011. The Public Hearing was held on this matter and there were no requests to speak on the item. The motion passed on the following roll call vote: AYES: Campbell, Stern, Misetich, Wolowicz and Mayor Long NOES: None ABSENT: None RECESS AND RECONVENE: Mayor Long called a brief recess from 7:53 P.M. to 8:01 P.M. REGULAR NEW BUSINESS: Municipal Area Express – Update Deputy City Clerk Takaoka reported that late correspondence was distributed prior to the meeting and there were five requests to speak regarding this item. Finance/IT Director McLean and Senior Administrative Analyst Raymond provided a PowerPoint presentation regarding this item. Director McLean stated that due to dwindling Prop A funds, the City was faced with using General Funds to cover the shortage needed by MAX, something that has never 2-5 Draft City Council Minutes March 15, 2011 Page 6 of 8 been done in the history of the City, to his knowledge. He also voiced his concern that requests to MAX for an audit were summarily rejected, MAX currently holds over 1 Million in reserves yet no financial statements are available, and MTA funding to MAX is currently not audited. Directly McLean also stated that at a recent Policy Steering Committee meeting Mayor Pro Tem Misetich made a motion asking that financial statements audited, unfortunately that motion died for lack of a second. The Policy Steering Committee’s response to staff’s request for an audit was that an audit would be available at the requestor’s expense and staff felt that this was not acceptable. Council and staff discussion ensued. Alan Jenkin, Rancho Palos Verdes, asked that staff use the funds that will be saved to work with Palos Verdes Peninsula Transit Authority to possibly modify the routes so the MAX transit riders can make the connection at Hawthorne and Pacific Coast Highway. Lubo Jocic, Rancho Palos Verdes, asked staff to consider reducing the number of MAX buses instead of completely withdrawing as he believes in the value of public transportation. He also opined that perhaps more could be done to synchronize the MAX buses and the PVP Transit buses. Thomas Wei, Rancho Palos Verdes, felt that the MAX buses could be better suited to serve the students as he has observed many students waiting in the morning at about the same time the MAX bus routes through. He also believes that ridership will increase as fuel costs increase. Omid Kayvan, Rancho Palos Verdes, commented on the reliability of MAX buses verses the PVP Transit buses. He also mentioned that he also believes that ridership will see an increase as gas prices increase. He also asked Council to consider the increase in pollution created by having more vehicles on the road if commuters are forced to drive. Melissa Jolliff, Rancho Palos Verdes, expressed concern that staff is basing their findings on a one day survey. She felt that perhaps a two or three week survey would have proven more accurate. She also asked that staff consider how much opting out of MAX will be as opposed to the cost saving of remaining with MAX. . Councilman Wolowicz shared that Martin Gombert, Director of Palos Verdes Transit Authority, was aware of this upcoming agenda item and had offered to work with the City once a consensus/direction was received. Councilman Wolowicz moved seconded by Mayor Pro Tem Misetich to approve staff’s recommendation. The motion passed, with an amendment to direct staff to deliver the notice to the parties to include exactly 90 days prior to the effective date, on the following roll call vote: AYES: Campbell, Misetich, Stern, Wolowicz, and Mayor Long NOES: None 2-6 Draft City Council Minutes March 15, 2011 Page 7 of 8 ABSENT: None RECESS AND RECONVENE: Mayor Long called a recess from 9:08 P.M. to 9:20 P.M. Proposal to Develop a Floor Area Ratio (FAR) For Residential Property (ZON2010- 00332)/Citywide Senior Planner Schonborn provided a staff report regarding the item. Planning Commission Chair Tomblin summarized how the Planning Commission came to their decision to support staff’s recommendation that the neighborhood compatibility review process works well to preserve the character of existing neighborhoods. Further research has determined that development has not occurred uncontrolled and structures fit in with the neighborhoods that they are located in. Commissioner Gerstner concurred with staff’s findings and explained that the FAR was developed originally to control the size of structures in urban environments in order to prevent too much density. Rancho Palos Verdes lot sizes are generally not a uniform size so using the FAR would instead create homes that are not compliant with the intent of the code. Council and staff discussion ensued. Councilman Stern moved, seconded by Councilman Wolowicz to adopt staff recommendation. The motion failed on the following vote: AYES: Stern and Wolowicz NOES: Campbell, Misetich and Mayor Long ABSENT: None Mayor Long moved, seconded by Mayor Pro Tem Misetich to direct staff to begin studying FAR to augment the existing neighborhood compatibility review process. The motion passed on the following roll call vote: AYES: Campbell, Misetich, and Mayor Long NOES: Stern and Wolowicz ABSENT: None Claim Against the City by Zachary Freeman 2-7 Draft City Council Minutes March 15, 2011 Page 8 of 8 Councilman Campbell had requested that this item be pulled for separate consideration however upon realizing that the wrong item was pulled Council voted to reject the claim and directed staff to notify the claimant. Claim Against the City by Alfred Voce Councilman Campbell moved to have this item reheard as it was the item he wanted considered separately on the consent calendar. This motion died for lack of a second. CITY COUNCIL ORAL REPORTS: Each Council Member reported on his attendance at various organization and association meetings since the last City Council Oral Reports were provided on March 1, 2011. CLOSED SESSION REPORT: City Attorney Lynch stated that reports were provided for all items listed for the Closed Session and no action was taken. ADJOURNMENT: At 10:36 P.M., Mayor Long adjourned the meeting. _____________________ Mayor Attest: __________________________ City Clerk W:\City Council Minutes\2011\20110315 DRAFT CC MINS.doc 2-8