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RPVCCA_CC_DM_2011_09_06_B_Draft_Mins_20110816DRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING AUGUST 16,2011 The meeting was called to order at 7:05 P.M.by Mayor Long at Fred Hesse Community Park,29301 Hawthorne Boulevard. City Council roll call was answered as follows: PRESENT:Misetich,Stern,Wolowicz,and Mayor Long ABSENT:Campbell (excused) Also present were:Carolyn Lehr,City Manager;Carolynn Petru,Deputy City Manager; Carol Lynch,City Attorney;Dennis McLean,Director of Finance/Information Technology (IT);Tom Odom,Director of Recreation and Parks/Deputy Director of Public Works;Joel Rojas,Community Development Director;Kathryn Downs,Deputy Director of Finance/lnformation Technology;Leza Mikhail,Associate Planner;Katie Howe, Administrative Analyst 1I;and Carla Morreale,City Clerk. FLAG SALUTE: The Flag Salute was led by Councilman Wolowicz. MAYOR'S ANNOUNCEMENTS: Mayor Long announced the recent passing of John Meyer,former Administrator of the Palos Verdes Peninsula Transit Authority,and noted that the meeting would be adjourned in his memory. Mayor Long recognized John McCarthy,the Past Chair of the Klondike Canyon Geologic Hazard Abatement District,for his many years of service on that District Board,and presented him with a proclamation. Mayor Long recognized Commander Ronene Anda for her recent promotion to Commander.He thanked her for her years of service to the City and surrounding communities and presented her with a framed commemorative photograph of Abalone Cove. Mayor Long provided comments and a PowerPoint presentation regarding the recently withdrawn Annenberg Project. RECESS AND RECONVENE: Draft City Council Minutes August 16,2011 Page 1 of 8 B-1 Mayor Long called a brief recess from 7:25 P.M.to 7:30 P.M. RECYCLE DRAWING: Mayor Long announced Recyclers of the Month from the August 2,2011 City Council meeting:Raoul Hance and Gerald Maxwell.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 stated that he had a concern regarding Item H (City Council Meetings and Conferences Expenditure Reimbursement)which had been removed from the agenda.He stated that it was his understanding that this item would be placed on the next Council agenda if the Council Member has not resolved the overage regarding his individual budget by that time,noting the importance of transparency. Mayor Long moved,seconded by Mayor Pro Tem Misetich,to approve the agenda as presented,with Item H .removed,with the understanding that Item H (City Council Meetings and Conferences Expenditure Reimbursement)will come back on the September 6,2011 Council Agenda as a Regular Business item. Councilman Stern stated his objection to the motion. Without further objection,Mayor Long so ordered. PUBLIC COMMENTS:(For Items not on the Agenda) Mark Schultz,Rancho Palos Verdes,stated that he has noticed a great number of political campaign signs in residents'yards and on the public right-of-way.He requested clarification and enforcement of the ordinance regarding political campaign signs. CITY MANAGER REPORT: City Manager Lehr noted that the item regarding employee compensation information was continued to September 6,2011. Deputy City Manager Petru stated that a representative from the Lomita Sheriff's Station was present to provide a report. Operations Lt.Blaine Bolin,Lomita Sheriff's Station,provided a report on recent activity along the Peninsula coast regarding illegal narcotics and human trafficking. NEW BUSINESS: Draft City Council Minutes August 16,2011 Page 2 of 8 B-2 APPROVAL OF CONSENT CALENDAR: Councilman Wolowicz moved,seconded by Mayor Pro Tem Misetich,to approve the Consent Calendar,as presented. The motion passed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Misetich,Stern,Wolowicz,and Mayor Long None Campbell None Motion to Waive Full Reading Adopted a motion to waive reading in full of all ordinances presented at this meeting with consent of the waiver of reading deemed to be given by all Council Members after the reading of the title. Approval of Minutes . . Approved the Minutes of the August 2,2011 Regular Meeting. Adoption of Ordinance No.523 -Zone Change Revision for 4194 Maritime Road - East Tract 16540 Portuguese Bend Club (Case No.ZON2009-00053) ADOPTED ORDINANCE NO.523,AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES,APPROVING A REVISION TO CASE NO.ZON2009-00053,A "CLEAN-UP"ZONE CHANGE FOR EAST TRACT 16540 -PORTUGUESE BEND CLUB,TO REZONE 4194 MARITIME ROAD FROM RS-2 (SINGLE-FAMILY RESIDENTIAL)TO RS-5 (SINGLE-FAMILY RESIDENTIAL)IN RANCHO PALOS VERDES,CA 90275. Gifts for Parks Accepted Gifts for Parks donations and directed staff to prepare donor letters of appreciation for the Mayor's signature. Register of Demands ADOPTED RESOLUTION NO.2011-63,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. Claim Against the City by Rochelle Krieger Draft City Council Minutes August 16,2011 Page 3 of 8 B-3 Rejected the claim and directed staff to notify the claimant. Authorize Program Supplement Agreement and Resolution to Receive Federal Reimbursement for Safe Routes to School Grant Funds 1)Approved the Program Supplement Agreement No.N012 for the Citywide Safe Routes to School 'Walk To School"Program;and,2)ADOPTED RESOLUTION NO.2011-64,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR AND ACCEPTANCE OF GRANT FUNDS FROM THE CALIFORNIA DEPARTMENT OF TRANSPORTATION SAFE ROUTES TO SCHOOL PROGRAM AND AUTHORIZING THE EXECUTION OF DOCUMENTS BY THE PUBLIC WORKS DIRECTOR. ####### PUBLIC HEARINGS: Payment of Expenses Incurred in the Nuisance Abatement Completed at 28428 Cayuse Lane . City Clerk Morreale reported that this public hearing was continued from August 2,2011 and there were no requests to speak regarding this item. Mayor Pro Tem Misetich moved,seconded by Councilman Stern,to waive the staff report and approve staff recommendation to receive and file the staff report. Mayor Long declared the public hearing closed. Without objection,Mayor Long so ordered. Appeal of the Planning Commission's Denial of a Height Variation and Site Plan Review for a Proposed Second Story Addition to the Existing Residence located at 6530 La Garita (Case No.ZON201 0-00331) City Clerk Morreale reported that notice of the public hearing was duly published,written protests included with the staff report,late correspondence was distributed prior to the meeting,and there were 19 requests to speak regarding the item. Mayor Long declared the public hearing open. Community Development Director Rojas stated that although the applicant had requested a continuance,a City ordinance requires that staff bring the appeal hearing to the Council for consideration within 90 days from the date that an appeal is filed. Council and staff discussion ensued. Draft City Council Minutes August 16,2011 Page 4 of 8 B-4 Councilman Wolowicz disclosed that he had met with the property owner and several of the adjacent property owners. Community Development Director Rojas stated that the applicant/appellant has requested a continuance to allow additional time for them to work with the neighbors to consider additional changes to the project. David Moss,President &Principal Moss &Associates,Land Use and Planning & Environmental Consulting firm,representing the applicant Issac Magalnic,Santa Monica, stated that they had requested the continuance to respond to all reasonable neighbor and Planning Commission concerns.He stated that the project has been reoriented in many ways,and changes made regarding massing,height,and design.He noted that the plans were in a draft form and the project was a work in progress at the current time. Diane Hayden,Rancho Palos Verdes,stated she was confused as to the process and inquired as to the purpose of the proposed continuance and the noticing requirements if the item was continued.She noted that she desired the opportunity to review the proposed plans for the redesign of the home well in advance of the Council meeting,if the item was continued,. Jacob Friend,Rancho Palos Verdes,stated that he was in favor of a continuance as it would allow ample time for the surrounding residents to understand the proposed changes to the plan. Councilman Stern moved,seconded by Mayor Pro Tern Misetich,to continue the public hearing to October 18,2011. The motion passed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Misetich,Stern,Wolowicz,and Mayor Long None Campbell None RECESS AND RECONVENE: Mayor Long called a brief recess from 8:13 P.M.to 8:21 P.M. REGULAR BUSINESS: Status Report and Proposed Community Outreach for Uses on the Beach below Trump National Golf Course City Clerk Morreale reported that late correspondence was distributed prior to the Draft City Council Minutes August 16,2011 Page 5 of 8 B-5 meeting and there was one request to speak regarding the item. Administrative Analyst Howe provided a staff report regarding this item. Council and staff discussion ensued. Bruce Megowan,Palos Verdes Dog Park Supporters,Palos Verdes Estates,stated that he has led a three-year effort to have a dog park created on the Peninsula.He encouraged an off-leash dog beach and noted that he hoped this would be in addition to a dog park on the Peninsula. Council and staff discussion ensued. Councilman Stern moved, seconded by Mayor Long,to adopt staff recommendation to: 1)Receive and file a status update on the beach below Trump National Golf Course;and, 2)Direct staff to conduct public outreach on future uses of the beach and to bring back research on the pros and cons of dog beaches. The motion passed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: . Misetich,Stern,Wolowicz,and Mayor Long None Campbell None Voluntary Alternative Redevelopment Program and Adoption of Ordinance No.524 Deputy Director of Finance/IT Downs provided a staff report regarding this item. Council and staff discussion ensued. Councilman Wolowicz moved,seconded by Mayor Pro Tem Misetich,to adopt staff recommendation to:Direct Staff to prepare a budget resolution to substitute tax increment for General Fund funding of an existing project appropriation (e.g.drainage repairs in the project area),thereby freeing up the General Fund to make the FY11-12 $91,320 VARP payment (Option 1). The motion failed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Misetich and Wolowicz Stern and Mayor Long Campbell None Draft City Council Minutes August 16,2011 Page 6 of 8 B-6 Councilman Stern moved, seconded by Mayor Long,to:ADOPT ORDINANCE NO.524, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES,TO COMPLY WITH PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH. The motion passed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Misetich,Stern,Wolowicz,and Mayor Long None Campbell None Councilman Stern moved,seconded by Mayor Long,to adopt staff recommendation to: Direct Staff to propose an additional project within the redevelopment area related to accomplishing the Redevelopment Agency project goals (e.g.drainage,dewatering well, etc.)to be funded with a proposed FY10-11 continuing appropriation,and prepare a budget resolution accordingly (Option 2). The motion failed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Stern and Mayor Long , Misetich and Wolowicz Campbell None Deputy Director of Finance/IT Downs stated that staff will return prior to January 15,2012 with options for Council consideration regarding funding of the Voluntary Alternative Redevelopment Program Payment. Dr.Shanks'Ethics Program for Candidates for City Council City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding this item. Councilman Stern provided a report regarding this item. Council and staff discussion ensued. Councilman Stern moved to direct staff to proceed with arrangements for Dr.Thomas Shanks to conduct the Public Trust Programs "Electing and Establishing a New Council of Trust"for Council Candidates as well as the newly constituted City Council after the November 8,2011 Election. Councilman Wolowicz suggested a friendly amendment to include candid statements from all Council Members regarding the previous program. Draft City Council Minutes August 16,2011 Page 7 of 8 B-7 Mayor Long suggested that the concept raised by Mayor Pro Tem Misetich,to extend the pledge to include signatures from the Council Members,be added to the motion. Councilman Stern moved, seconded by Councilman Wolowicz,to:1)Direct staff to proceed with arrangements for Dr.Thomas Shanks to conduct the Public Trust Programs "Electing and Establishing a New Council of Trust"for Council Candidates as well as the newly constituted City Council after the November 8,2011 Election;and,2)Direct that Dr.Shanks confer with the entire Council regarding their comments from the last Public Trust Program and extend the pledge to include signatures from the Council Members. The motion passed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Misetich,Stern,Wolowicz,and Mayor Long None Campbell None CITY COUNCIL ORAL REPORTS: Each of the Council Members present reported on his attendance at various organization and association meetings since the last City Council Oral Reports were provided on August 2,2011.Councilman Stern stated that he had no report at this time. ADJOURNMENT: At 10:07 P.M.,Mayor Long adjourned the meeting in the memory of John Meyer. Mayor Attest: City Clerk W:\City Council Minutes\2011\20110816 DRAFT CC MINS.doc Draft City Council Minutes August 16,2011 Page 8 of 8 B-8