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RPVCCA_CC_DM_2011_11_01_B_Draft_Mins_20111018 Draft City Council Minutes October 18, 2011 Page 1 of 13 DRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING OCTOBER 18, 2011 The meeting was called to order at 6:00 P.M. by Mayor Pro Tem Misetich at Fred Hesse Community Park, 29301 Hawthorne Boulevard, and was immediately recessed into Closed Session. The meeting was reconvened at 7:05 P.M. City Council roll call was answered as follows: PRESENT: Misetich, Stern, Wolowicz, and Mayor Long* ABSENT: Campbell (excused) *Mayor Long was present via teleconference from 7:05 P.M. through 10:13 P.M. from the Intercontinental Milwaukee, 139 East Kilbourn Avenue, Milwaukee, WI, 53202. Also present were: Carolyn Lehr, City Manager; Carolynn Petru, Deputy City Manager/Interim Director of Recreation and Parks; Carol Lynch, City Attorney; Dennis McLean, Director of Finance/Information Technology (IT); Joel Rojas, Community Development Director; Tom Odom, Director of Public Works; Eric Mausser, Human Resources Manager; Ara Mihranian, Deputy Community Development Director; Leza Mikhail, Associate Planner; Ron Dragoo, Senior Engineer; Abigail Harwell, Assistant Planner; Matt Waters, Senior Administrative Analyst; Nancie Silver, Recreation Program Supervisor II; and, Carla Morreale, City Clerk. Also present were: Andrea Vona, Executive Director, Palos Verdes Peninsula Land Conservancy (PVPLC) and Danielle Lefer, Conservation Director, PVPLC. FLAG SALUTE: The Flag Salute was led by Councilman Stern. MAYOR’S ANNOUNCEMENTS: Mayor Pro Tem Misetich congratulated resident Braeden Benedict who recently received the America’s Top Young Scientist Award and presented him with a certificate for his accomplishment in the development of a detection device to identify potentially harmful concussions in athletes. RECYCLE DRAWING: Mayor Pro Tem Misetich announced Recyclers of the Month from the October 4, 2011 City Council meeting: Augustine Bonillo and Thomas Lee. He indicated that all winners B-1 Draft City Council Minutes October 18, 2011 Page 2 of 13 receive a check for $250 representing a year of free refuse service and urged everyone to participate in the City’s Recycling Program. Mayor Pro Tem Misetich announced that new postcards are being accepted for the Recycle Drawing, which now includes a new feature. Once a month, the winners will also receive a personal emergency preparedness kit valued at $40. APPROVAL OF THE AGENDA: Councilman Wolowicz requested that Item No. 2 (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) be moved up to be heard as the first public hearing. Mayor Long requested that Item No. 7 (Formal Recognition of Employee Organization and Designation of Management Representative) be moved up on the agenda to follow immediately after Item No. 2. Councilman Wolowicz moved, seconded by Councilman Stern, to approve the agenda as amended. The motion passed on the following roll call vote: AYES: Misetich, Stern, Wolowicz, and Mayor Long NOES: None ABSENT: Campbell ABSTAIN: None PUBLIC COMMENTS: (For Audience Comments for Items not on the Agenda) Ken Dyda, Rancho Palos Verdes, stated that he was surprised to see the information regarding the potential purchase of open space land near Montemalaga under discussion in the Closed Session and inquired if he had missed the notice regarding this purchase. City Attorney Lynch reported that an Addendum to the Agenda was prepared on Friday, in accordance with the requirement of the Government Code providing information regarding the Closed Session item. Senior Engineer Dragoo provided comments regarding the benefits to the City for the acquisition of the property in the canyon area near Montemalaga for storm water drainage purposes. City Attorney Lynch added that if the property is purchased, it will not involve the use of any City monies. B-2 Draft City Council Minutes October 18, 2011 Page 3 of 13 CITY MANAGER REPORT: City Manager Lehr provided a report on the first payroll savings realized as a result of the Council’s recent action regarding Pension Reform. Director of Finance McLean provided a status update regarding the 2010 and 2011 Proposals to revise the airspace around the Long Beach Airport. Community Development Director Rojas reported that the City recently received a Compass Blueprint Grant in the amount of $100,000 from the Southern California Association of Governments (SCAG) for consultant services to improve the aesthetic appearance and walkability of Western Avenue as well as to improve the viability of the businesses along the Western Avenue corridor. Deputy City Manager/Interim Director of Recreation and Parks Petru reported on the success of the City’s 2nd Annual Paddle Tennis Tournament held at Ladera Linda Community Center. Recreation Program Supervisor Silver announced the Halloween Spooktacular to be held at City Hall on Saturday, October 22, 2011. She reported that the City would be holding a Vaccine and Microchip Clinic for pets that same day at City Hall. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding Item E (Rubberized Pavement Grant Program - FY11-12 & 12-13) which was a request from staff to remove that item from the agenda. Councilman Wolowicz moved, seconded by Councilman Stern, to approve the Consent Calendar, as amended. The motion passed on the following roll call vote: AYES: Misetich, Stern, Wolowicz, and Mayor Long NOES: None ABSENT: Campbell ABSTAIN: 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. B-3 Draft City Council Minutes October 18, 2011 Page 4 of 13 Approval of Minutes Approved the Minutes of the October 4, 2011 Regular Meeting. Notice of Completion – Hesse and Ryan Parks Athletic Field Improvements Project 1) Accepted the project as complete; 2) Authorized the City Clerk to file a Notice of Completion for the project with the County Recorder; and if no claims are filed within 35 days after recordation, and 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 in the amount of $45,716.68 to America West Landscape, Inc. 35 days after recordation of the Notice of Completion by the County Recorder contingent upon no claims being filed on the project, and the contractor posting an acceptable warranty bond. Adoption of Ordinance No. 526 – Readopting Certain Revisions to the Landslide Moratorium Ordinance ADOPTED ORDINANCE NO. 526, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, REPEALING URGENCY ORDINANCE NO. 459U, ORDINANCE NO. 427U AND URGENCY ORDINANCE NO. 439U AND AMENDING SECTION 15.20.040 AND SECTION 15.20.050 OF THE RANCHO PALOS VERDES MUNICIPAL CODE. Rubberized Pavement Grant Program - FY11-12 & 12-13 This item was removed from the agenda at the request of staff. Authorize Access Agreement with the Portuguese Bend Club 1) Approved the attached Right of Access Agreement by and between the Portuguese Bend Club Homeowners Association and the City of Rancho Palos Verdes; and, 2) Authorized the Mayor to execute the Agreement. Register of Demands ADOPTED RESOLUTION NO. 2011-83, 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. Employee Health Insurance Premiums for 2012 ADOPTED RESOLUTION NO. 2011-84, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING THE CITY’S MAXIMUM B-4 Draft City Council Minutes October 18, 2011 Page 5 of 13 MONTHLY CONTRIBUTION AMOUNTS FOR EMPLOYEE HEALTH INSURANCE PREMIUMS FOR CALENDAR YEAR 2012. # # # # # # # PUBLIC HEARINGS: 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. ZON2010-00331) [Continued from August 16, 2011] City Clerk Morreale reported that this public hearing was continued from August 16, 2011 and late correspondence was distributed prior to the meeting regarding this item. Associate Planner Mikhail provided a staff report and PowerPoint presentation regarding this item and redesign of the project since the issuance of the staff report. Councilman Wolowicz disclosed that he visited the property at 6517 Certa to view the project from that vantage point. Discussion ensued between Council Members and staff. David Moss, President & Principal Moss & Associates, Land Use and Planning & Environmental Consulting firm, representing the applicant Issac Magalnic, Santa Monica, stated that they have modified and improved the design of the proposed project to mitigate the concerns raised regarding privacy and views. He reviewed the modifications that have been made to the proposed project including the following: roof pitch, landscaping, windows, and reduction in massing, height, and square footage. Lindley Ruddick, Rancho Palos Verdes, requested that the Council uphold the Planning Commission decision and deny the height variance for the proposed project based on the lack of neighborhood compatibility, noting that the structure appears to tower over the adjacent homes. He stated that this project would be the only two story residence on La Garita Drive, noting his opposition due to the bulk and mass of the proposed project. Steve Goldstein, Rancho Palos Verdes, stated that he has viewed the silhouette of the project and opined that the project does not impact the privacy of the neighbors and was in support of the proposed project. Bradford Harrison, Rancho Palos Verdes, stated that he has been in the neighborhood area many times and there are over one dozen two story homes in that area. He stated that in his opinion the project was compatible with the neighborhood. He noted that there are several two story homes in the neighborhood and the windows look out on backyards, but not into the privacy of the homes. B-5 Draft City Council Minutes October 18, 2011 Page 6 of 13 Maurice Assayag, Rolling Hills Estates, stated that he is in the real estate business and has driven by the property on Certa. He remembers when the Certa property was on the market, noting that it did not have a view at that time. He stated that there are six or seven two story homes one block away from this project. Gary Effron, Rancho Palos Verdes, stated that he has reviewed the plans of the proposed second story addition, noting that the addition has no negative impact on the neighbor’s privacy and the design of the home was compatible with the neighborhood. He noted that there were many two story homes on Ella Road and Lomo Drive and on surrounding streets. He stated that residents should be assured that they can feasibly consider a second story addition to their home as their families grow. Louise La Lande, Rancho Palos Verdes, stated that she located the original tract map of the area, noting that in her immediate neighborhood there are only two second-story additions to homes in the area. She requested that the Council deny the appeal and uphold the decision of the Planning Commission. Jeff Parker, attorney representing the Watson Family, Torrance, stated that there have been several revisions to this project to mitigate the privacy infringement on nearby properties but that the revisions have been minimal. He noted that the proposed addition allows complete views of the Watson’s entire backyard and provided a PowerPoint presentation demonstrating the infringement on the privacy of their home. Ned Morimoto, Rancho Palos Verdes, stated that his family moved into their home in 2009, noting that there was a partial “far view” of the ocean and Channel Islands from their living room and outdoor patio when they purchased the home. He provided a PowerPoint presentation of the view from their living room. Paul Hayden, Rancho Palos Verdes, stated that he urged the Council to deny the appeal and uphold the Planning Commission’s decision. He stated that the privacy impact on his home cannot be mitigated and that only a window that is opaque and unable to be opened would afford him privacy. He continued that even a window at the 5 foot 6 inches height would afford a taller person visibility into his backyard. He stated that there is only one home in the nearest twenty homes that is a two story home. Diane Hayden, Rancho Palos Verdes, stated that the privacy of her home will be affected by the proposed addition to the home next door. She provided a PowerPoint presentation demonstrating the impact of the proposed addition on her backyard privacy. Nancy Mahr, Rancho Palos Verdes, stated that she was in support of the project and noted that there is a mix of single story and two story homes in the neighborhood. She reported that the three most recent homes in the area that have added a second story are flanked by single story homes. She opined that the proposed addition has an B-6 Draft City Council Minutes October 18, 2011 Page 7 of 13 architectural style that is compatible with the neighborhood and does not change the footprint of the existing residence and should be approved. Faye Schwartz, Rancho Palos Verdes, stated that she was in favor of the proposed addition to the home, noting that the design of the home was beautiful and compatible with the homes in the neighborhood. She opined that the Magalnic family has redesigned the home to address many of the privacy concerns raised and that the homeowners on La Garita and Certa do not have views from their homes. Debra Yocum, Rancho Palos Verdes, stated that her home has a direct view of the proposed addition and expressed opposition to the expansion of the home. She stated that the two story renovation is not compatible with the neighborhood and impairs the view of open air space, blocking the light and sunshine of adjacent neighbors. She expressed concern regarding the ability of the City to ensure that the present or future homeowner would not be able to change the proposed opaque window glass to clear glass to mitigate the privacy issue. John Bohannon, Rancho Palos Verdes, stated that he concurred with Ms. Yocum’s comments and urged the Council to deny the application. Marcus O’Brien, Rancho Palos Verdes, stated that he is in favor of the proposed second story addition stating that it is consistent with the neighborhood, noting that there are 15 two story homes in the area. He noted that the proposed addition helps to meet the needs of the homeowner to allow the community to continue to grow. Jack Friend, Rancho Palos Verdes, stated that he has visited the Magalnic home on several occasions and has seen the homes in the neighborhood that have been renovated. He stated that the design of the proposed two story addition was attractive, will blend in with the existing structure, and will enhance the property and neighborhood. Salfi Manoukian, project architect, stated that she was present to answer any questions that might be raised. Mike Sigal, Rancho Palos Verdes, stated that tasteful, City approved additions enhance neighborhoods. He stated that he was in support of the proposed addition. Curtis Watanabe, Rancho Palos Verdes, stated that his home is located almost directly behind the Magalnic’s home. He stated he was opposed to the proposed addition due to the infringement on his home’s privacy and the loss of the view of landscapes, open space and the sky. He noted that the addition would appear as if a block wall has been added to his view. He spoke in support of the view of the Morimoto family. David Moss, in rebuttal, provided a photograph board with pictures taken by staff and those taken by Mr. Morimoto, which he opined demonstrates a vast difference between B-7 Draft City Council Minutes October 18, 2011 Page 8 of 13 the photographic methods staff used versus the method used by Mr. Morimoto to document the view impact. Ned Morimoto, Rancho Palos Verdes, stated that he had not originally understood the correct perspective from which to take the picture, but was later informed as to the proper perspective from staff. Discussion ensued between Council Members and staff. Councilman Stern moved, seconded by Mayor Long, to uphold the appeal, thereby approving the proposed project as modified by the applicant, with staff’s additional recommendation to modify the 2nd story clerestory windows along the south and west facing facades so that the bottom of said clerestory windows are at a minimum of 5’6” in height from the second-story finished floor; with Staff to bring back a resolution commemorating the Council’s decision to the next meeting. Mayor Pro Tem Misetich declared the public hearing closed. The motion passed on the following roll call vote: AYES: Misetich, Stern, and Mayor Long NOES: Wolowicz ABSENT: Campbell ABSTAIN: None RECESS AND RECONVENE: Mayor Pro Tem Misetich called a brief recess from 9:31 P.M. to 9:43 P.M. REGULAR BUSINESS: Formal Recognition of Employee Organization and Designation of Management Representative City Clerk Morreale reported that there was one request to speak regarding this item. City Attorney Lynch provided a brief staff report regarding this item. Jim Knight, Rancho Palos Verdes, stated that he had concerns regarding the employees’ belief for the first time in 38 years that they have to form an association for collective bargaining, which would require more regulations and the need to work with a labor attorney. He stated he had concerns with the uncertain environment that this will create with the need to eventually hire new employees. He reported that he researched the issue and the compensation and benefits for Rancho Palos Verdes staff is the lowest per capita of comparable cities and the population served per capita is the B-8 Draft City Council Minutes October 18, 2011 Page 9 of 13 highest. He noted he would like the polarization between staff and the public from going any further and desired that the situation be returned to a teamwork atmosphere. Discussion ensued among Council Members. Councilman Stern moved, seconded by Mayor Long, to: ADOPT RESOLUTION NO. 2011-85, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ACKNOWLEDGING THE RANCHO PALOS VERDES EMPLOYEE ASSOCIATION AS AN EMPLOYEE ORGANIZATION AND MAJORITY REPRESENTATIVE IN A BARGAINING UNIT OF NON-MANAGEMENT EMPLOYEES AND DESIGNATING THE HUMAN RESOURCES MANAGER AS THE CITY’S PRINCIPAL MANAGEMENT REPRESENTATIVE, AND DESIGNATING THE HUMAN RESOURCES MANAGER AND THE CITY’S LABOR COUNSEL AS THE CITY’S REPRESENTATIVES TO MEET AND CONFER WITH THE ASSOCIATION. The motion passed on the following roll call vote: AYES: Misetich, Stern, Wolowicz, and Mayor Long NOES: None ABSENT: Campbell ABSTAIN: None PUBLIC HEARINGS: (Continued) Code Amendment to Revise the Current Program that Allows Non-Commercial Organizations to Place Temporary Non-Commercial Banners in the City’s Rights- of-Way City Clerk Morreale reported that this public hearing was continued from the October 4, 2011 Council Meeting, late correspondence was distributed prior to the meeting, and there were no requests to speak regarding this item. Councilman Stern moved, seconded by Councilman Wolowicz, to waive the staff report and adopt the staff recommendation to: REINTRODUCE ORDINANCE NO. 527, AS AMENDED, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, AMENDING SECTION 17.76.050.D OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO REVISE AND CLARIFY THE REQUIREMENTS FOR THE PLACEMENT OF TEMPORARY NONCOMMERCIAL BANNERS WITHIN THE PUBLIC STREET RIGHTS-OF-WAY. Mayor Pro Tem Misetich declared the public hearing closed. The motion passed on the following roll call vote: AYES: Misetich, Stern, Wolowicz, and Mayor Long B-9 Draft City Council Minutes October 18, 2011 Page 10 of 13 NOES: None ABSENT: Campbell ABSTAIN: None Use of State Funding for Supplemental Police Services – CORE Police Team City Clerk Morreale reported that the notice of the public hearing was duly published, no written protests received, and there were no requests to speak regarding this item. Mayor Pro Tem Misetich declared the public hearing open. There was no request for a staff report on this item. Discussed ensued between Council Members and staff. Mayor Pro Tem Misetich moved, seconded by Councilman Stern, to approve the staff recommendation to: Approve the continued use of COPS (Citizen Option for Police Services) grant in FY11-12 to partially fund the CORE Police Team. Mayor Pro Tem Misetich declared the public hearing closed. The motion passed on the following roll call vote: AYES: Misetich, Stern, Wolowicz, and Mayor Long NOES: None ABSENT: Campbell ABSTAIN: None REGULAR BUSINESS: (Continued) Adoption of the Updated Zoning Map City Clerk Morreale reported that there were no requests to speak regarding this item. Assistant Planner Harwell provided a brief staff report regarding this item. Discussed ensued between Council Members and staff. Mayor Long moved, seconded by Councilman Stern, to adopt the staff recommendation to: INTRODUCE ORDINANCE NO. 528, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, APPROVING THE CITY’S DIGITIZED UPDATED ZONING MAP AS THE OFFICIAL ZONING MAP FOR THE CITY OF RANCHO PALOS VERDES. The motion passed on the following roll call vote: B-10 Draft City Council Minutes October 18, 2011 Page 11 of 13 AYES: Misetich, Stern, Wolowicz, and Mayor Long NOES: None ABSENT: Campbell ABSTAIN: None Initiate a Code Amendment to Revise RPVMC Chapter 17.90 (Interpretation Procedure) City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were three requests to speak regarding this item. Assistant Planner Harwell provided a brief staff report regarding this item. Mayor Long left the meeting at 10:13 P.M. Discussion ensued between Council Members and staff. Ken Dyda, Rancho Palos Verdes, suggested that there should be a correction that the map should be illustrative so that there will not be different scale factors and use previous procedures to protect the City. Sharon Yarber, Rancho Palos Verdes, stated that the proposed change was to amend the existing ordinance to state 100 feet instead of 30 feet, and instead the existing ordinance should remain in place with additional language added to clarify that the homeowner be able to make a request to move the line in a particular direction. She stated that the intent as stated by staff should be clarified in the proposed code amendment. Lowell Wedemeyer, Rancho Palos Verdes, stated that he was in favor of the review of the entire ordinance regarding the Interpretation Procedure. He suggested that the section be subject to a complete revision in order to separate out particular categories which should be addressed more appropriately. He noted that the ordinance should clarify which things can be applied to a specific parcel versus those that should be a general interpretation applicable to the entire City. Additional discussion ensued between Council Members and staff. Councilman Stern moved, seconded by Councilman Wolowicz, to adopt the staff recommendation to: Initiate a Code Amendment to revise Title 17.90 of the RPVMC to amend the Interpretation Procedures to allow the Community Development Director to make adjustments of a zoning or special district boundary line from thirty feet to one hundred feet without the processing of a Zoning Map amendment. The motion passed on the following roll call vote: B-11 Draft City Council Minutes October 18, 2011 Page 12 of 13 AYES: Stern, Wolowicz, and Mayor Pro Tem Misetich NOES: None ABSENT: Campbell and Long ABSTAIN: None Palos Verdes Nature Preserve – Palos Verdes Peninsula Land Conservancy Annual Management Reports City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there was one request to speak regarding this item. Deputy Community Development Director Mihranian provided an overview and PowerPoint presentation of the item. Andrea Vona, Executive Director, Palos Verdes Peninsula Land Conservancy (PVPLC) provided a short overview of the PVPLC, its mission, and the current operation of two nature centers. Danielle Lefer, Conservation Director, PVPLC, provided an overview of the monitoring of threatened species and plants, habitat restoration, and vegetation mapping in compliance with the City’s requirements under the NCCP plan. Discussion ensued between Council Members and staff. Lowell Wedemeyer, Rancho Palos Verdes, stated that he hikes on the Three Sisters portion of the Preserve regularly as a volunteer Keeping an Extra Eye on the Preserve for Environmental Review and Stewardship (KEEPERS) of that area under the PVPLC. He urged the Council to give greater discretion to staff and the PVPLC to modify the use and location of trails due to the need to watch for and control erosion after rain storms. Mayor Pro Tem Misetich moved, seconded by Councilman Stern, to approve the staff recommendation to: Receive and file the Palos Verdes Peninsula Land Conservancy’s 2008-2009 and 2010 Annual Report on managing the City’s Palos Verdes Nature Preserve. The motion passed on the following roll call vote: AYES: Stern, Wolowicz, and Mayor Pro Tem Misetich NOES: None ABSENT: Campbell and Long ABSTAIN: None CLOSED SESSION REPORT: B-12 Draft City Council Minutes October 18, 2011 Page 13 of 13 City Attorney Lynch reported that with respect to the Conference with Real Property Negotiators item listed on the Closed Session Addendum to the Agenda, the Council unanimously moved to direct staff to negotiate the purchase of the properties (with Mayor Long and Councilman Campbell absent). 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 October 4, 2011. Councilman Stern stated that he had nothing to report. ADJOURNMENT: At 11:04 P.M., Mayor Pro Tem Misetich adjourned the meeting. ___________________ Mayor Attest: ___________________ City Clerk W:\City Council Minutes\2011\20111018 DRAFT CC MINS.doc B-13