Rancho Palos Verdes City Council
   

AUGUST 2, 2005 DRAFT MINUTES AUGUST 2, 2005 DRAFT MINUTES AUGUST 2, 2005 DRAFT MINUTES

DRAFT

MINUTES
RANCHO PALOS VERDES CITY COUNCIL
ADJOURNED REGULAR MEETING
AUGUST 2, 2005

The meeting was called to order at 6:00 P.M. by Mayor Clark at Fred Hesse Community Park, 29301 Hawthorne Boulevard, and was immediately recessed to closed session. At 7:01 P.M., the meeting was reconvened for regular session.
Roll call was answered as follows:

PRESENT: Gardiner, Long, Stern, Mayor Clark
ABSENT: Wolowicz

Also present were City Manager Evans; Assistant City Attorney Snow; Assistant City Manager/City Clerk Petru; Director of Public Works Allison; Director of Planning, Building and Code Enforcement Rojas; Director of Finance McLean; Associate Planner Schonborn; and Recording Secretary Bothe.

FLAG SALUTE:

A group of cancer survivors jointly led the Salute to the Flag.

CEREMONIAL MATTERS:

Award of Tiles to Outgoing Committee Members

Mayor Clark highlighted the talented pool of Emergency Preparedness Committee members that volunteered their time and services to the City; and noted that three of those members had finished their terms and were departing from this Committee. On behalf of the City and Council, Mayor Clark presented each with a plaque of appreciation for their dedication and service to the City: Maureen Ford, Shirley Borks and Stuart Salot.

RECYCLE DRAWING:

Mayor Clark announced the names of the two recycling winners from the meeting of July 19, 2005 – Daniel Capps and Kenneth Coughlin; stated that each winner would receive a check for $250, which represented a year of free refuse service; and he encouraged everyone to recycle.

MAYOR'S ANNOUNCEMENTS:

Mayor Clark advised the audience that the Palos Verdes Peninsula Land Conservancy was having an informational community event at the Peninsula’s Main Library on Sunday, August 14, 2005, from 3:00 P.M. to 5:00 P.M.

Mayor Clark noted that an appreciation breakfast would be given for the fire fighters and Sheriff’s deputies that responded to the July 19th fire at Del Cerro Park on Saturday, August 6, 2005, between 9:00 A.M. and 11:00 A.M.; noted that many residents wished to express their appreciation of those heroic members of the Fire and Sheriff’s Departments who assisted in fighting this fire and safeguarding their lives and property.

For this evening’s Did You Know Facts, Mayor Clark highlighted the American Cancer Society’s Relay for Life event which was held on July 23, 2005; stated that RPV was an active participant in this second annual event that benefited cancer research; and explained that participants raised funds by walking or running the track at Peninsula High School during a 24-hour period. Mayor Clark advised the audience that he and Councilman Long were honored in being asked to kick off the event; and stated that the cancer survivors shared their tremendous stories of courage, perseverance, and triumphs in fighting and beating cancer in its many forms. He added that RPV had a team of 21 participants, more than any other team in this relay; stated that each City volunteer walked the track for an hour or more; noted that the City’s team raised $3,170 in donations; and that the entire event raised close to $30,000. Mayor Clark proudly announced that RPV’s team captain, City Hall employee Alberta Gray, stayed for the entire 24-hour period to assist the event’s participants.

Ms. Gray introduced the cancer survivors who participated in this event and were present at this evening’s meeting: Rosie Beuhler/Kolin, Sean Moghadan, Betty Broughton, Tina Bothamley, Miranda Boren and Carolyn Crowder.

Mayor Clark encouraged everyone to embrace this annual charity event.

Ms. Gray thanked and commended the peninsula’s Relay for Life advisor, Jessica Love.

APPROVAL OF AGENDA:

Councilman Stern advised his colleagues that there was an emergency item that arose after the publishing of the Agenda related to Mr. Kay having filed an appeal; and suggested that this matter be included as an emergency item for the Council to discuss during a closed session later in the evening.

Councilman Stern asked that Item No. 7 be pulled from the Consent Calendar -- Height Variation Revision and Tract Map Amendment (ZON2004-00409) for Property located at 6270 Ocean Terrace Drive.

Councilman Stern moved, seconded by Councilman Gardiner, to approve the Agenda as amended and to discuss in closed session Mr. Kay’s filing of an appeal. Motion carried as follows:

AYES: Gardiner, Long, Stern, Mayor Clark
NOES: None
ABSTAIN: None
ABSENT: Wolowicz

Councilman Long mentioned that the deadline to respond to the appeal was prior to the next Council meeting, thus creating the urgent need to address this item.

RECESS TO CLOSED SESSION

Mayor Clark recessed the meeting to closed session at 7:23 P.M., and reconvened the meeting at 7:43 P.M.

Assistant City Attorney Snow stated that Council met in closed session to discuss the matter of Kay versus the City of Rancho Palos Verdes; and advised that Council gave the City Attorney’s Office direction to file a cross-appeal.

PUBLIC COMMENTS:

Lois Larue, Rancho Palos Verdes, expressed her appreciation of City Manager Evans and Director of Public Works Allison for securing the fence along Palos Verdes Drive South (PVDS) in the landslide area.

CITY MANAGER REPORTS:

City Manager Evans reminded everyone that Channel 33 would broadcast its first live telecast on Saturday, August 27, 2005; and at 1:30 P.M. that same afternoon, the City would dedicate its new park near the Trump National Golf Course. He added that the park dedication would honor the City’s founders.

OLD BUSINESS:

Assistant City Manager/City Clerk Petru reminded the audience that they could view a list of previously discussed and continued agenda items on the City’s website at www.palosverdes.com/rpv.

NEW BUSINESS:

Assistant City Manager/City Clerk Petru advised Council that she received and distributed late correspondence related to Item Nos. 4 and 6; and noted that she had requests to speak on Agenda Item Nos. 4, Border Issues Status Report, and 7, Height Variation Revision and Tract Map Amendment (ZON2004-00409) for Property Located at 6270 Ocean Terrace Drive.

Councilman Long asked to remove from the Consent Calendar Item No. 12, Channel 33 Cable TV Building.

Mayor Clark asked that Item No. 10, Notice of Completion - Western Avenue Sinkhole Repair, also be removed from the Consent Calendar.

Councilman Stern moved, seconded by Councilman Long, to approve the Consent Calendar, with the exception of Item Nos. 4, 7, 10, and 12. Motion carried as follows:

AYES: Gardiner, Long, Stern, Mayor Clark
NOES: None
ABSTAIN: None
ABSENT: Wolowicz

APPROVAL OF CONSENT CALENDAR:

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 from the Special Meeting of July 13, 2005.

Repair of the Tarapaca Storm Drain

Reviewed and reconfirmed by a four/fifths (4/5) vote the Council's previous action on December 21, 2004, to authorize staff to conduct an informal bid process to repair the Tarapaca Storm Drain.

Accept Grant from the City of Rolling Hills for Acquisition of Open Space and Approve Applying for Grant Funds

1) ADOPTED RESOLUTION NO. 2005-80, A RESOLUTION OF THE CITY OF RANCHO PALOS VERDES ACCEPTING THE TRANSFER OF ROBERTI-Z'BERG-HARRIS BLOCK GRANT PROGRAM FUNDS UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002 FROM THE CITY OF ROLLING HILLS; 2) Approved the application for grant funds from the State of California, Department of Parks and Recreation, Bond Act of 2002 (Proposition 40) for Roberti-Z'Berg-Harris Block Grant funds in the amount of $5,199 toward the acquisition of critical natural lands and wildlife habitat in the Portuguese Bend area and Agua Amarga Canyon for preservation as open space.

Height Variation (Case No. ZON2004-00087) for Property Located at 28129 Ella Road

ADOPTED RESOLUTION NO. 2005-81, OVERTURNING AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF A HEIGHT VARIATION (CASE NO. ZON2004-00087), THEREBY APPROVING A 1,246-SQUARE-FOOT TWO-STORY ADDITION TO AN EXISTING 2,282-SQUARE-FOOT SINGLE-FAMILY RESIDENCE.

Notice of Completion of Roofing Replacement Project at City Hall and Ryan Park

1) Accepted the work done by Lavey Roofing Services, Inc., on the replacement of roofs at City Hall and Ryan Park, as completed; 2) Authorized the City Clerk to file the attached Notice of Completion with the Los Angeles County Recorder; and if no claims are filed within 35 days of recordation of the Notice, City Clerk shall notify Safeco Insurance Company of America (Lavey's Surety Company) to exonerate both the Payment and Performance Bonds; and, 3) Authorized the Director of Public Works to release the 10-percent retention payment to Lavey Roofing Services after recordation of the Notice of Completion by the City Clerk at the Los Angeles County Recorder's Office, contingent on no claims being filed against the project.

Adoption of Ordinance No. 423 - Prohibiting vehicles parked on public property from being used as dwelling units and allowing the City to establish a fee to reimburse the City for having vehicles removed, impounded or stored

ADOPTED ORDINANCE NO. 423, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING THE AUTHORITY TO ADOPT A FEE TO REIMBURSE THE CITY FOR THE COSTS INCURRED IN CONNECTION WITH THE REMOVAL, IMPOUNDMENT AND STORAGE OF VEHICLES AND PROHIBITING THE PARKING OF VEHICLES THAT ARE USED AS DWELLINGS ON CITY STREETS AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE.

On-Call Professional Services Agreement for KEC, Inc. - Limit Increase

Authorized the contract limit increase from $60,000 to $90,000 and the task limit from $25,000 to $40,000 for on-call engineering services with KEC Engineers, Inc.

Register of Demands

ADOPTED RESOLUTION NO. 2005-82, 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.

ITEMS PULLED FROM THE CONSENT CALENDAR

Border Issues Status Report

Councilman Stern moved, seconded by Councilman Long, to waive review of the staff report. Without objection, Mayor Clark so ordered.

Bernie Slotnick, Rancho Palos Verdes, provided a handout to Council which was written by Helen Connelly, noting that Ms. Connelly was unable to attend this evening’s meeting and that he would be speaking on her behalf. He thanked Council for sending a Council representative to the Palos Verdes Estates (PVE) Planning Commission meeting, believing that it was a successful meeting; and advised Council that the applicant was sent back to further refinement the plans for the massive house, which was twice as large as any house in the surrounding neighborhood. He noted that the square footage for the 12-car garage was not included in the proposed square footage of the house; highlighted the interest of those living in the Grandview Park area to maintain their views; and suggested that the applicant provide a lower fence to minimize the view impact from the park. He advised Council that the RPV residents did have a representative at that meeting and expressed concern with the loss of views and its incompatibility with the neighborhood; and expressed his desire that the Grandview Park representatives’ comments be included in the negotiations with PVE. He highlighted the importance of limiting the view impacts from the fence and shrubbery.

Mayor Clark questioned whether the residents’ suggestions had been presented to the PVE Planning Commission and staff and suggested that the residents continue to share their concerns with the PVE Planning Commission and their staff.

Mr. Slotnick advised that they had sent letters to PVE and would provide those materials a second time.

Mayor Clark stated that RPV Council and staff would continue to monitor this situation.

Councilman Long stated that he lived very close to the border of Rolling Hills Estates (RHE) and advised that his view was largely obstructed by trees in RHE; and commented on his lack of leverage to negotiate with that city in keeping the vegetation to a minimum. He noted that the only thing RPV staff and Council could do at this point was to keep the residents informed, offer the power of persuasion and help the residents to present their case to PVE. He expressed his desire to see a view ordinance extended beyond RPV’s borders.

Mr. Slotnick thanked Council for its support.

By acclamation, Council received and filed this item.

Height Variation Revision and Tract Map Amendment (ZON2004-00409) for Property Located at 6270 Ocean Terrace Drive

The staff report of August 2, 2005, recommended that Council ADOPT RESOLUTION NO. 2005-83, CONDITIONALLY APPROVING CASE NO. ZON2004-00409 FOR AMENDMENT NO. 2 TO TRACT 31617, A REVISION TO HEIGHT VARIATION NO. 884, AND THE REVISED TRAIL AGREEMENT.

Councilman Stern highlighted page 8, Condition 5, relating to foliage being planted along the east side property line to ensure privacy between the neighbors, questioned whether this condition was still necessary due to the property owner being required to cut 10 feet from the balcony at the July 19th Council meeting.

Director Rojas stated that this condition might not be necessary, as the Planning Commission’s remedy for the privacy issue was to cut back the balcony.

Councilman Gardiner recalled that Council supported two actions: one was to adopt the Planning Commission’s recommendation and the other was to require frosted windows, but stated that the shrubbery was not required.

Mayor Clark stated that it was his recollection Council included a condition for foliage to add to the privacy when Council had originally decided to leave the deck intact, as opposed to following the Planning Commission’s decision.

Councilman Stern stated that if this condition were no longer necessary, he would prefer that it be deleted from the conditions.

Mayor Clark, echoed by Councilman Gardiner, expressed his belief this condition was no longer necessary.

Sultan Ahamed, Rancho Palos Verdes, applicant at 6270 Ocean Terrace Drive, indicated that since Council made its decision, he had contacted Mr. York and they had come to an agreement for Mr. Ahamed to purchase the extra land he needed from Mr. York; and stated that his understanding at the last meeting was that Council’s biggest concern was the fact that the balcony was encroaching into the setback area. He explained that by purchasing this land, which was 30 feet wide, this would provide for a 15-foot easement and a 15-foot setback area. He requested that Council reconsider this situation and re-open this matter for a public hearing.

Highlighting Mr. S. Ahamed’s letter included in Council’s packet, Councilman Stern noted that it referenced the fact that Mr. S. Ahamed had agreed in principle with Mr. York to purchase this land; pointed out that while Mr. York had agreed to sell this land, there was nothing in the letter indicating what the terms were; and noted that Mr. S. Ahamed’s proposed solution gave him a year to acquire the property. Councilman Stern questioned why this process should take up to a year if they had recently come to an agreement.

Mr. S. Ahamed stated that he did not request a year, that it was only a suggestion; and noted that, at the most, he would require 90 days to complete the necessary paperwork.

Again referring to Mr. S. Ahamed’s letter, Councilman Stern expressed his belief that Mr. S. Ahamed seemed to be of the opinion if he took down the balcony, that this would solve everything and that the other conditions in the resolution would no longer apply. He expressed his belief that taking down the balcony did not eliminate the entire problem and that the problem with the house being built 15 feet too close to the rear property line was still an issue; and noted that if the balcony was taken down, all of the conditions in the resolution still must be met.

Minaz Ahamed, Rancho Palos Verdes, stated that the reason they were again before Council was to request that this matter be re-opened for a public hearing; and expressed his concern that the proposed resolution did not address all of the issues that were present on the subject property, such as the trail, the balcony, and Mr. Butterworth’s property. He noted his desire to work with Council to help the City resolve the issue of the trail and to help Mr. Butterworth with his improvements that were located within the easement. He stated that because of the new negotiations with Mr. York to purchase some of his property, another public hearing was necessary; and that in light of those facts, they believed Council should re-evaluate the entire situation and come up with a resolution that would not only resolve the trail issues, but also help resolve Mr. Butterworth’s issues and their issues as well. He stated that two hearings prior, Council reached a resolution that left the existing balcony in place; that the public hearing wasn’t closed on that date; that at the next hearing, Council changed its decision and required the balcony to be removed – noting that nothing had changed from the first meeting to the second and that the same set of issues were before Council. He reiterated that because of the complexity of the issues involved, he believed another public hearing was necessary, especially in light of the recent negotiations the Mr. York and the ability to leave the trail in its current position, stating that leaving the trail in its current location would be the ideal solution.

Mr. M. Ahamed stated that Council’s resolution required them to enter into an agreement to fix the trail; and explained that the whole purpose of being here this evening was to ask Council to allow them to keep the balcony and add foliage to protect the neighbor’s privacy. He stated that if they remove the balcony and remove the concrete pad beneath, their house would be outside the setback; that if they were outside the setback, they would no longer need a variance from the setback and no longer need an agreement to purchase Mr. York’s property; and stated that this was why they are seeking to re-open the public hearing, to develop a resolution that resolved all parties’ issues.

Councilman Stern asked Mr. M. Ahamed if he or anyone else on his behalf had approached Mr. Butterworth with this proposed solution.

Mr. M. Ahamed stated that no one had approached Mr. Butterworth on this proposed solution, stating that all prior remediation efforts had failed.

Director Rojas advised Council that there were three issues triggering a Tract Amendment: 1) the fact that there was a balcony encroaching into the required setback from the trail easement; 2) that the rear balcony extended beyond the tract’s building/grading restriction (BGR) line, wherein there should be no support columns; and 3) grading had taken place within that BGR zone. He advised Council that if those three conditions were removed -- the grading, the deck, the balcony supports -- the applicant would no longer need a tract amendment; but pointed out that the house was still in the wrong location and that it would still need a revision to the Height Variation Permit.

Councilman Long requested input on the rationale behind the condition for the Height Variation Permit and for requiring the glazing of the windows on the second floor.

Director Rojas explained that one of the conditions for granting the Height Variation Permit was protecting privacy, and that Council could still look at a privacy remedy.

Councilman Long questioned if the issue of privacy would still have been a consideration if there had been a balcony at this location, rather than a portion of the second story residence.

Director Rojas stated no, it would still be an issue regardless if the area was a balcony or part of the structure; and he added that the translucent windows would address the privacy issue.

Mr. M. Ahamed stated that the Planning Commission’s original finding related to existing foliage prior to their project being built providing the privacy required to shield these two properties; and noted that the Planning Commission discussed the installation of additional foliage. He stated that privacy was currently addressed with the existing foliage and that glazing the windows on the two southeast windows was not warranted.

Director Rojas confirmed that the Planning Commission relied on previously existing foliage, but expressed his belief that at the last hearing, the Planning Commission added the requirement for translucent windows.

Associate Planner Schonborn stated that the Planning Commission initially discussed the existing foliage in terms of how well it provided privacy; and noted that the Commission determined that the existing foliage was sufficient to provide for an adequate privacy buffer. Forwarding to the year 2005, he advised Council that the Planning Commission determined that upon further review, the foliage did not provide the needed level of privacy, which was reiterated by the Butterworths; and that the Planning Commission, therefore, required the frosted glass.

Councilman Gardiner expressed his belief that at the last meeting, the Planning Commission Chairman provided Council with helpful information; and that he did not see any basis for revisiting the prior decision. He stated that the solution adopted solved the issues of concern.

Bill Butterworth, 6264 Ocean Terrace Drive, stated that he was still willing to take on the responsibility for the foliage, noting that he was the one with the privacy concerns.

Councilman Stern asked Mr. Butterworth if he was amenable to Council deleting this condition.

Mr. Butterworth stated that he was in agreement with deleting Condition No. 5. He stated that the key issue was that the Ahamed’s house was built 15 feet from the approved location; that this one action caused two separate problems, both of which needed to be mitigated: one was the location of the trail and the second was the impact on the neighbors; and stated that resolving one of those issues would not necessarily resolve the other problem. He noted his hope that the agreement reached in principle between Mr. Ahamed and Mr. York since the last Council meeting would resolve this 4-year long negotiation and stated that subject to confirmation by staff, it sounded as though these issues could soon be resolved. He stated that he would agree to Mr. Ahamed’s choosing one of the two options regarding the trail; noted that what this agreement did not require was the house to comply with the approved plans, that it only required it to meet the minimum setback, noting that this compromise should be accepted. He reiterated that the trail and privacy matters needed to be mitigated; and he urged Council to affirm its motion from July 19th and approve the resolution before it this evening. He added that the windows in their current configuration created a privacy matter for them and that the frosted windows required in the resolution would provide them with more privacy. He clarified for Councilman Stern that he was referring to the southernmost windows that would have been the balcony had the house been built in the proper location.

Councilman Stern stated his understanding that the same privacy issue which existed today with the windows would have existed if the balcony built in the approved location, noting that someone could have stood on the balcony, seeing the same view as they now will be seeing standing by the window.

Mr. Butterworth indicated that this understanding was correct.

Going back to the original plan, Councilman Stern questioned what in the original approvals would have provided privacy from this location, recognizing it would have been a balcony and not an interior window.

Associate Planner Schonborn indicated that the existing foliage in place at that time would have provided privacy, noting that this foliage was still in place but that it appeared to have deteriorated over this time; and mentioned that the Planning Commission, in its most recent review, believed it could be reviewed again.

Councilman Stern questioned if a requirement was included for maintenance of the foliage in that area to preserve privacy.

Associate Planner Schonborn indicated that there was no condition required for foliage maintenance because the foliage was not located on the subject property.

Councilman Stern asked if it was routine for staff to not include a condition for foliage maintenance when privacy was at issue.

Director Rojas responded that an obligation for foliage maintenance was not routine and that it would be included only if the issue was raised by the affected residents.

Councilman Stern asked that when the foliage was used for privacy, that staff include a standard condition for foliage maintenance.

Councilman Long stated that he was inclined to approve staff’s recommendation and the proposed resolution since Mr. Butterworth had indicated that he was not in favor of the foliage condition; noted that he was not persuaded that the frosted window condition would add to the neighbor’s privacy and therefore, he would be inclined to remove Condition Nos. 4 and 5.

Councilman Gardiner noted his preference to maintain the condition for the frosted windows.

Councilman Long moved, seconded by Mayor Clark, to approve the resolution, but to remove Condition Nos. 4 and 5, and to renumber the remaining conditions accordingly. (This motion was ultimately withdrawn.)

Mayor Clark noted his understanding that the applicant contended that the balcony would have been at this location and that frosted windows should not come in to play because the balcony would have been at this location.

In response to Mayor Clark, Associate Planner Schonborn indicated that his understanding was correct - the balcony would have been at that location and that the Butterworths agreed with that statement.

Councilman Stern noted his concurrence with deleting the foliage condition; stated that the view out of the side windows was essentially the same had the balcony been built in the correct location; but by the same token, he noted the probability that someone would be out on a balcony would likely create a different privacy intrusion and that he would prefer to keep the condition for the frosted windows.

Councilman Long withdrew the pending motion and moved to adopt the resolution, deleting Condition No. 5 regarding the foliage. Councilman Gardiner seconded the motion to adopt Resolution No. 2005-83, deleting Condition No. 5 and accordingly renumbering the conditions of approval. Without objection, Mayor Clark so ordered.

It was the consensus of Council that this has been a difficult case to decide; that Council was sympathetic with everyone’s position, but that Council felt this was the right solution for all parties concerned.

Notice of Completion - Western Avenue Sinkhole Repair

The staff report of August 2, 2005, recommended Council 1) Accept the work as complete; 2) Authorize the City Clerk to file a Notice of Completion with the Los Angeles County Recorder; and, 3) Authorize the Director of Public Works to release the 10% retention payment 35 days after recordation of the Notice of Completion by the City Clerk at the Los Angeles County Recorder's Office, contingent on no claims being filed against the project.

Mayor Clark requested input on the City’s attempts to pursue reimbursement from Caltrans for the sinkhole repair.

City Manager Evans advised Council that the City was pursuing reimbursement on all fronts; stated that the City had received a check for $559,000 from the Federal Emergency Management Agency (FEMA); however, he stated that on the advice of the City’s consultant who specializes in these matters, the City had not yet cashed that check pending reimbursement from the Federal Highway Administration – noting that if the City were to cash the FEMA check, it would foreclose on what might be a better option. He stated he was very hopeful the City would be reimbursed the full $750,000 cost to repair this sinkhole.

Mayor Clark moved, seconded by Councilman Stern, to accept staff recommendation.

Motion carried as follows:

AYES: Gardiner, Long, Stern, Mayor Clark
NOES: None
ABSTAIN: None
ABSENT: Wolowicz

Channel 33 Cable TV Building

The staff report of August 2, 2005, recommended that Council 1) ADOPT RESOLUTION NO. 2005-84, A RESOLUTION OF THE CITY COUNCIL OF CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION 2005-53, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2005-06, FOR A BUDGET ADJUSTMENT TO THE CITY'S BUILDING REPLACEMENT FUND; and, 2) Authorize the City Manager to execute a purchase order in an amount up to $24,000 for the needed services and equipment.

Councilman Long stated that while he supported this expenditure, he was not pleased with the City spending more money than it was taking in, thereby adding $24,000 to the City’s current deficit. He explained that he supported this expenditure because the proposed funding source for this action was coming from the Building Replacement Fund; and that this was a classic example of how the City should deal with the maintenance and repair of its infrastructure.

Councilman Long moved, seconded by Councilman Stern, to accept staff recommendation, thus adopting Resolution No. 2005-84.

City Manager Evans mentioned that the Building Replacement Fund was originally established to replace any structure that either needed replacement or repair that would extend its useful life; and mentioned that $100,000 a year went into this fund.

Motion carried as follows:

AYES: Gardiner, Long, Stern, Mayor Clark
NOES: None
ABSTAIN: None
ABSENT: Wolowicz

RECESS AND RECONVENE

Mayor Clark recessed the meeting at 8:35 P.M. and reconvened the meeting at 8:40 P.M.

PUBLIC HEARINGS:

Conformance with the 2004 L.A. County Congestion Management Program (CMP)

The staff report of August 2, 2005, recommended that Council ADOPT RESOLUTION NO. 2005-85, THEREBY ADOPTING THE CITY'S 2005 LOCAL DEVELOPMENT REPORT (LDR) AND SELF-CERTIFYING THE CITY'S CONFORMANCE WITH THE 2004 CONGESTION MANAGEMENT PROGRAM (CMP) FOR LOS ANGELES COUNTY.

Mayor Clark opened the public hearing. There being no requests to address Council, Mayor Clark closed the public hearing.

Councilman Stern moved, seconded by Councilman Gardiner, to accept staff recommendation, thus adopting Resolution No. 2005-85. Without objection, Mayor Clark so ordered.

Consideration of a Resolution that will Establish an Administrative Fee to Reimburse the City for the Costs it Incurs in having Vehicles Removed, Impounded or Stored

The staff report of August 2, 2005, recommended that Council 1) Conduct the public hearing and 2) ADOPT RESOLUTION NO. 2005-86, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING A FEE TO REIMBURSE THE CITY FOR THE COSTS INCURRED IN CONNECTION WITH THE REMOVAL, IMPOUNDMENT AND STORAGE OF VEHICLES.

Mayor Clark opened the public hearing. There being no requests to address Council, Mayor Clark closed the public hearing.

Councilman Stern moved, seconded by Councilman Gardiner, to accept staff recommendation, thus adopting Resolution No. 2005-86. Without objection, Mayor Clark so ordered.

Adoption of California Electrical Code (CEC)

The staff report of August 2, 2005, recommended that Council ADOPT ORDINANCE NO. 422, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING BY REFERENCE PART 3 OF TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, COMPRISING THE 2004 CALIFORNIA ELECTRICAL CODE, AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE.

Mayor Clark opened the public hearing. There being no requests to address Council, Mayor Clark closed the public hearing.

Councilman Stern moved, seconded by Councilman Gardiner, to accept staff recommendation, thus adopting Ordinance No. 422. Without objection, Mayor Clark so ordered.

CITY COUNCIL ORAL REPORTS:

Councilman Gardiner advised his colleagues that the Channel 33 Subcommittee would be meeting that Friday and noted a report of that meeting would be provided to Council at its next meeting. He mentioned that Council would be meeting at the studio for the Channel 33 grand opening on August 27th.

Councilman Long highlighted the following events he attended:

 In late July, attended the Residential Standards Development Committee, which continued to work on possible amendments to the City’s Development Code;
 July 20th, attended the meeting of the California Joint Powers Insurance Authority; and,
 July 23rd, attended the American Cancer Relay for Life event.

Mayor Clark highlighted the following events he attended:

 July 22nd, chaired the monthly Mayor’s breakfast meeting with the Commission Chairs, and later met with Assemblywoman Betty Karnette and staff to discuss the 212-acre fire in RPV, taking her on a tour of the scene. He stated that Assemblywoman Karnette was appreciative of the efforts by the City and County Fire and Sheriff’s Departments, noting that she would be attending the appreciation breakfast that coming Saturday.
 July 23rd, stated that he was honored to start the Peninsula Cancer Relay for Life event;
 July 27th through the 29th, attended the League of California Cities Mayors and Council Members Executive Forum, noting that he would forward copies of his conference notes to Council Members and staff;
 That afternoon, prior to the Council meeting, he, Councilman Gardiner and members of staff visited the new park site to discuss the upcoming the park dedication ceremony on Saturday, August 27th; pointed out that this was the first park in over 30 years to be dedicated in the City, that it would be dedicated to the City’s founders; and he encouraged everyone to attend the festivities.
 Mayor Clark advised Council that since the last meeting, he received a correspondence from Claudia Gutierrez, requesting that her husband, Carl Gutierrez, be recognized in the City’s local servicemen recognition program. He noted that Carl Gutierrez served one assignment in Iraq; that he remained in the Reserves and that he continues to be subject to serving abroad.

REGULAR NEW BUSINESS:

Site Plan Review (Case No. ZON2005-00355) for Property Located at 49¼ Rockinghorse

The staff report of August 2, 2005, recommended that Council ADOPT RESOLUTION NO. 2005-87, APPROVING, WITH CONDITIONS, A SITE PLAN REVIEW (Case No. ZON2005-00355) TO ALLOW THE CONSTRUCTION OF AN ACCESS DRIVEWAY THROUGH OPEN SPACE HAZARD (OH) ZONED PROPERTY.

Assistant City Manager/City Clerk Petru advised Council that late correspondence had been distributed to Council and that there was one request from the audience to speak on this item.

City Manager Evans noted for Councilman Gardiner that staff had confirmed that his house was more than 500 feet away from the subject property and that he did not need to recuse himself from participating in this matter.

Councilman Stern urged staff to make sure the proposed easement was as ironclad as possible, noting that the City had an interest in ensuring that access would always be available across the subject lot.

Assistant City Attorney Snow proposed adding the following sentence at the end of Condition No. 7: “The applicant shall demonstrate to the satisfaction of the City Engineer and the City Attorney that the easement is sufficient to guarantee legal access at all times and, among other things, is not subject to termination so long as is necessary for access to 49 1/4 Rockinghorse Road, Assessor’s Parcel Number 7556-011-033.”

Councilman Stern stated that he was informed that the Fire Department had reviewed this project and that access was adequate for fire protection purposes.

Stan Rinehart, 49 ¼ Rockinghorse Road, noted his concurrence with the staff recommendation and stated that he concurred with the additional language added by the Assistant City Attorney this evening. He mentioned that there was a water main at the bottom of the adjacent canyon and that the water department would also have access to that water main through the proposed easement.

Councilman Stern moved, seconded by Councilman Long, to accept staff recommendation, including the additional language to Condition No. 7 presented this evening, thus adopting Resolution No. 2005-87. Without objection, Mayor Clark so ordered.

Casting of Ballots on Behalf of City-Owned Parcels and Agency-Owned Parcels within the City Subject to the Proposed Storm Drain User Fee and Discussion of Concerns Raised by Councilmember Gardiner Regarding the Ballot Materials

The staff report of August 2, 2005, recommended that Council convene the meeting of the Redevelopment Agency so that its meeting could be held concurrently with the City Council meeting regarding the issue of the voting of the mail ballots for properties that were owned by the City or the Redevelopment Agency and: 1) Determine whether to cast ballots on behalf of City-owned parcels and Agency-owned parcels that were subject to the proposed Storm Drain User Fee and, if so, how to cast the ballots (i.e., all yes; all no; some yes and some no); and, 2) If the City Council or the RDA Board determined to cast ballots on behalf of their respective parcels, direct the City Manager, for and on behalf of the City, and the Executive Director, for and on behalf of the Redevelopment Agency, to cast ballots for their respective parcels in the manner determined by the City Council and RDA Board.

Assistant City Manager/City Clerk Petru advised Council that late correspondence had been distributed to Council and that there was one request from the audience to speak on this item.

Assistant City Attorney Snow advised that Council could simultaneously convene as the Redevelopment Agency to consider this matter.

Councilman Long suggested waiving the staff report and continuing this item to the next meeting where the full Council was expected to be in attendance.

City Manager Evans advised Council that there was no pressing need for Council to consider the item this evening.

Councilman Long moved, seconded by Mayor Clark, to continue this matter to the August 16, 2005, meeting. Without objection, Mayor Clark so ordered.

City Council Workshop

The staff report of August 2, 2005 recommended that Council set a date and time for a Joint Workshop with the Traffic Safety Commission and the Lomita Sheriff's Station senior staff.

City Manager Evans asked that Council consider the following two dates for a joint workshop: Saturday, September 10, 2005 or Saturday, September 17, 2005. He noted that both dates were acceptable to the Traffic Safety Commission and the Sheriff’s Department staff. He stated that the Sheriff’s Department would prefer the 17th, but noted that the multipurpose room at Hesse Park was not available on the 17th, thereby requiring another venue to be selected for the workshop.

Mayor Clark noted his preference to meet on September 10th.

Councilman Gardiner advised his colleagues that he would be out of town on both of the proposed dates, but did not want to delay the workshop.

Councilman Long moved, seconded by Mayor Clark, to schedule the Joint Workshop with the Traffic Safety Commission and the Lomita Sheriff's Station Senior Staff on September 10, 2005, starting at 9:30 A.M. Without objection, Mayor Clark so ordered.

Support for the Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Bond of 2006 (SB 153)

The staff report of August 2, 2005, recommended that Council authorize the Mayor to sign a letter of support for the proposed Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Bond of 2006.

Mayor Clark moved, seconded by Councilman Gardiner, to approve staff recommendation. Without objection, Mayor Clark so ordered.

ADJOURNMENT:

At 9:04 P.M. Mayor Clark declared the meeting adjourned.

 

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Mayor
Attest:

 

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City Clerk