AGENDA RANCHO PALOS VERDES CITY COUNCIL, DECEMBER 15, 2009

DISCLAIMER

The following City Council agenda includes text only version of the staff reports associated with the business matters to be brought before for the City Council at its Regular Meeting of this date. Changes to the staff reports may be necessary prior to the actual City Council meeting. The City Council may elect to delete or continue business matters at the beginning of the City Council Meeting. Additionally, staff reports attachments, including but not limited to, pictures, plans, drawings, spreadsheet presentations, financial statements and correspondences are not included. The attachments are available for review with the official agenda package at the Reception area at City Hall.

...end of disclaimer...
How City Council Meetings Are Conducted

** REDEVELOPMENT AGENCY AGENDA

AGENDA RANCHO PALOS VERDES CITY COUNCIL AGENDA, DECEMBER 15, 2009
AGENDA

RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING

DECEMBER 15, 2009 FRED HESSE COMMUNITY PARK, 29301 HAWTHORNE BOULEVARD
                                                                       
__________________________________________   

Time Estimates:  The time noted next to an agenda item is only an estimate of the amount of time that will be spent during the meeting on that particular item.  Accordingly, these estimates should not be relied on in determining when a matter will be heard, especially since agenda items are often re-ordered during a meeting and may be discussed at any time.
                                   
6:00 P.M.       CLOSED SESSION: SEE ATTACHED BROWN ACT CHECK LIST FOR DETAILS.
 
7:00 P.M.       REGULAR SESSION                                

(15 mins) CALL TO ORDER:                                          

ROLL CALL: 
                                                                                              NEXT RESOL. NO. 2009-92 

                                                                                              NEXT ORDINANCE NO. 501
FLAG SALUTE:                  

MAYOR’S ANNOUNCEMENTS:  

RECYCLE DRAWING:

APPROVAL OF AGENDA:

PUBLIC COMMENTS:  (This section of the agenda is for audience comments for items NOT on the agenda.)         

CITY MANAGER REPORT:  

NEW BUSINESS: 

(5 mins) APPROVAL OF CONSENT CALENDAR:        

1.         Motion to Waive Full Reading
Recommendation: Adopt 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. 

2.         Approval of the Minutes (Morreale)
Recommendation: Approve the Minutes of the November 4, 2009 Regular Meeting Minutes.
  
3.         Crestridge (Mirandela) Affordable Housing Project - Final Parcel Map No. 70957 (Pfost)
Recommendation: 1) Approve, via minute order, Final Parcel Map No. 70957, and authorize the Mayor, City Clerk and City Attorney to execute and file the related Subdivision Improvement Agreement; and, 2) Authorize the City Manager and City Clerk to sign a Certificate of Acceptance, thereby allowing the City to accept Parcel No. 2 of Parcel Map No. 70957 from the Redevelopment Agency.

4.         Measure R Agreement (Huey)
Recommendation: Authorize the Mayor to execute the Assurances and Understandings Regarding Receipt and Use of Measure R Local Return Funds agreement.

5.         Withdrawal of Appeal by Las Candalistas of the Planning Commission’s Decision to Uphold the Director’s Interpretation that a Conditional Use Permit (CUP) cannot be submitted to allow Residentially Zoned Properties to be used for Commercial Purposes (Case No. ZON2009-00146) (Rojas)
            Recommendation: Receive and file this report.

6.         Register of Demands (McLean)
Recommendation:  ADOPT RESOLUTION NO. 2009-__, 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.

            #                      #                      #                      #                      #                      #
           
PUBLIC HEARINGS:

(10 mins)              7.         Proposed 2010-2011 Community Development Block Grant (CDBG) Program (Huey)
Recommendation:  1) Conduct a public hearing to receive citizen input on the proposed 2010-2011 Community Development Block Grant (CDBG) Program;
2) Approve the proposed CDBG projects and budget; 3) Authorize the Interim Director of Public Works to execute agreements for CDBG projects with the Los Angeles County Community Development Commission; and, 4) Authorize the Interim Director of Public Works to adjust the program budget as necessary to take into account the final CDBG allocation and any amounts unexpended at the close of the fiscal year.

*Note - Staff recommends conducting joint public hearings on the next three items.
 
(1 hour)                 8.         Code Amendment to Clarify which Existing Maps to use to Establish the Location of the Coastal Setback Line on Individual Properties (Case No. ZON2009-00416) (Schonborn)
Recommendation: Notwithstanding the Planning Commission’s recommendation to deny the proposed Code Amendment, Staff recommends that the City Council INTRODUCE ORDINANCE NO. ___, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, AMENDING CHAPTER 17.88 OF TITLE 17 OF THE CITY’S MUNICIPAL CODE TO ADD LANGUAGE THAT SPECIFIES USE OF THE EARTH SCIENCES ASSOCIATES (ESA) MAPS TO DETERMINE THE LOCATION OF THE COASTAL SETBACK LINE ON INDIVIDUAL PROPERTIES.
                                                                                       
(30 mins)                9.         Appeal of the Planning Commission’s Approval of Case No. ZON2007-00253, a Revised Interpretation regarding the Coastal Setback Line on Properties in the City’s Coastal Zone [Continued from October 20, 2009] (Schonborn)
Recommendation:  The outcome of the Code Amendment (Case No. ZON2009-00416) hearing regarding which maps to use to determine the location of the Coastal Setback Line will determine adoption of one of the following recommendations: A) If the related Code Amendment (Case No. ZON2009-00416) as recommended by Staff is approved, which is consistent with the Director’s June 21, 2007 Interpretation that the Earth Sciences Associates (ESA) Maps are used to determine the location of the Coastal Setback Line, then Case No. ZON2007-00253 for an Interpretation becomes a moot issue and no action is required.  Thus no further action is required on this matter; B) If the related Code Amendment (Case No. ZON2009-00416) is not approved and the City Council accepts the Planning Commission’s recommendation to not add language specifying which maps to use to determine the location of the Coastal Setback Line, then Staff recommends that the City Council approve Ms. Simes’ appeal and uphold the Director’s June 21, 2007 Interpretation that the location of the Coastal Setback Line on individual properties in the Coastal Zone shall be based on the ESA maps.

 (1 hour)                 10.       Appeal of the Planning Commission’s Approval of Case No. ZON2007-00046 (Variance and Coastal Permit) for Property Located at 24 Sea Cove Drive [Continued from October 20, 2009 and Re-noticed as a Public Hearing item for this agenda] (Schonborn)
Recommendation: The outcome of the Code Amendment (Case No. ZON2009-00416) to add language to the Municipal Code regarding which maps to use to determine the location of the Coastal Setback Line, or the outcome of the appeal of the Interpretation hearing (Case No. ZON2007-00253) regarding which maps to use to determine the location of the Coastal Setback Line, will determine adoption of one of the following recommendations: A) If the Code Amendment (Case No. ZON2009-00416) as recommended by Staff is approved, which adds language to the Municipal Code that codifies using the ESA Maps to determine the location of the Coastal Setback Line, then this Variance and Coastal Permit (Case No. ZON2007-00046) remain necessary to legalize the currently unpermitted improvements on Mr. Conroy’s property; thus, Staff recommends that the City Council ADOPT RESOLUTION NO. 2009, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, DENYING MS. SIMES’ APPEAL AND UPHOLDING THE PLANNING COMMISSION’S CONDITIONAL APPROVAL OF CASE NO. ZON2007-00046 FOR A COASTAL PERMIT AND VARIANCE; B) If the Code Amendment (Case No. ZON2009-00416) as recommended by Staff is not approved and the City Council accepts the Planning Commission’s recommendation to not add language specifying which maps to use to determine the location of the Coastal Setback Line, and the City Council upholds the Director’s June 21, 2007 Interpretation that the location of the Coastal Setback Line on individual properties in the Coastal Zone shall be based on the ESA Maps, then this Variance and Coastal Permit (Case No. ZON2007-00046) remain necessary; thus Staff recommends that the City Council ADOPT RESOLUTION NO. 2009-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, DENYING MS. SIMES’ APPEAL AND UPHOLDING THE PLANNING COMMISSION’S CONDITIONAL APPROVAL OF CASE NO. ZON2007-00046 FOR A COASTAL PERMIT AND VARIANCE; C) If the Code Amendment (Case No. ZON2009-00416) as recommended by Staff is not approved and the City Council accepts the Planning Commission’s recommendation to not add language specifying which maps to use to determine the location of the Coastal Setback Line, and the City Council further revises the September 8th revised Interpretation by determining that the location of the Coastal Setback Line on individual properties in the Coastal Zone shall be based on a site-specific geology study and the Coastal Specific Plan Land Use Map, then appeal of the Variance is no longer required to legalize the pool, spa and outdoor fireplace, and only the Coastal Permit is necessary; thus, Staff recommends that the City Council ADOPT RESOLUTION NO. 2009-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, DENYING MS. SIMES’ APPEAL AND APPROVING THE COASTAL PERMIT FOR THE AFTER-THE-FACT IMPROVEMENTS.

PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:

REGULAR NEW BUSINESS:

(20 mins) 11.        Selection of Automated Carts (Ramezani)
Recommendation: 1) Approve the following automated cart colors: Carts with grey body and grey lid for trash, blue body and blue lid for recycling, and green body and green lid for green waste; 2) Approve a “granite” style exterior finish for the automated cart bodies; 3) Select either Rehrig Pacific Company or Toter Inc. to provide automated carts; and, 4) Direct EDCO Disposal Corporation to order the approved carts for residential single-family solid waste customers. 

(1 hour)    12.       Revision to Planning Case No. ZON2009-00007 (Code Amendment and Environmental Assessment): Further Revisions to the Landslide Moratorium Ordinance (Chapter 15.20 of the Rancho Palos Verdes Municipal Code) to Establish an Exception Category to Allow for the Future Development of the Sixteen (16) Monks Plaintiffs’ Lots in Zone 2 to Increase the Maximum Permitted Quantity of Grading per Lot from Less than 50 Cubic Yards to Less than 1,000 Cubic Yards (Fox)
            Recommendation: 1) ADOPT URGENCY ORDINANCE NO. ___U, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, ADOPTING FURTHER REVISIONS TO THE LANDSLIDE MORATORIUM ORDINANCE (CHAPTER 15.20 OF THE RANCHO PALOS VERDES MUNICIPAL CODE) TO ESTABLISH AN EXCEPTION CATEGORY TO ALLOW FOR THE FUTURE DEVELOPMENT OF THE SIXTEEN (16) MONKS PLAINTIFFS’ LOTS IN ZONE 2 TO INCREASE THE MAXIMUM PERMITTED QUANTITY OF GRADING PER LOT FROM LESS THAN 50 CUBIC YARDS TO LESS THAN 1,000 CUBIC YARDS, AND DECLARING THE URGENCY THEREOF; and, 2) INTRODUCE ORDINANCE NO. ___, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, ADOPTING FURTHER REVISIONS TO THE LANDSLIDE MORATORIUM ORDINANCE (CHAPTER 15.20 OF THE RANCHO PALOS VERDES MUNICIPAL CODE) TO ESTABLISH AN EXCEPTION CATEGORY TO ALLOW FOR THE FUTURE DEVELOPMENT OF THE SIXTEEN (16) MONKS PLAINTIFFS’ LOTS IN ZONE 2 TO INCREASE THE MAXIMUM PERMITTED QUANTITY OF GRADING PER LOT FROM LESS THAN 50 CUBIC YARDS TO LESS THAN 1,000 CUBIC YARDS; and, 3) Continue this matter to January 5, 2010.

(10 mins)   13.       Budget Adjustment for Geotechnical Review of Monks Plaintiffs’ Landslide Moratorium Exception Applications (Fox)
Recommendation: ADOPT RESOLUTION NO. 2009-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2009-40, THE BUDGET APPROPRIATION FOR FY 2009-10, TO INCREASE THE BUDGET IN THE GENERAL FUND.

(10 mins)    14.      Code Amendment, a Request to Amend Chapter 15.34 of Title 15 (Building and Construction Code) of the City’s Municipal Code to Implement a New Water Efficient Landscape Ordinance (Mikhail)
Recommendation: 1) ADOPT URGENCY ORDINANCE NO. ____U, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, TO AMEND  MUNICIPAL CODE CHAPTER 15.34 TO IMPLEMENT THE STATE’S REQUIREMENTS FOR WATER EFFICIENT LANDSCAPING ON SPECIFIC PUBLIC AND PRIVATE DEVELOPMENT PROJECTS, AND DECLARING THE URGENCY THEREOF; and, 2) INTRODUCE ORDINANCE NO. ____, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, TO AMEND MUNICIPAL CODE CHAPTER 15.34 TO IMPLEMENT THE STATE’S REQUIREMENTS FOR WATER EFFICIENT LANDSCAPING ON SPECIFIC PUBLIC AND PRIVATE DEVELOPMENT PROJECTS.

 (10 mins)  15.      Council Meeting Schedule (Petru)
Recommendation: 1) Confirm the City Council Team Building Workshop at 9:30 A.M. on Saturday, January 9, 2010 at Hesse Park; 2) Schedule Candidate Interviews for the Oversight Committee and Planning Commission at 6:00 P.M. on Tuesday, January 19, 2010 and Tuesday, February 2, 2010, respectively, at Hesse Park; 3) Select the date and location for the Tactical Planning Workshop in late January or early February 2010; 4) Select the date and location for the Spring Community Leaders' Breakfast meeting in April 2010; 5) Select a date and location for the Budget Work Session in May 2010; and, 6) Reserve the fifth Tuesdays in 2010 for potential City Council Workshops.

(10 mins) 16.        Mayor’s Appointment of City Council Members to Intergovernmental Organizations and Associations and City Subcommittees (Morreale)
Recommendation: Appoint the members of Council to the various intergovernmental organizations and associations and City Subcommittees.

(5 mins)    17.       Amended Conservation Easement with the Palos Verdes Peninsula Land Conservancy (Lynch)
Recommendation: Approve the Amended Conservation Easement.         

Item 18. Added to Agenda- AMENDMENT TO THE AGREEMENT TO PURCHASE ADDITIONAL ACREAGE TO BE INCLUDED IN THE PALOS VERDES NATURE PRESERVE
RECOMMENDATION: APPROVE THE AMENDMENT TO THE AMENDED ANDRESTATED PURCHASE, SALE, AND DONATION AGREEMENT AND JOINT ESCROW INSTRUCTIONS AND AUTHORIZE THE MAYOR TO EXECUTE THE AMENDMENT ON BEHALF OF THE CITY.

 (10 mins)    CITY COUNCIL ORAL REPORTS: (This section of the agenda is designated for oral
reports from Council Members to report action taken at outside committee and
association meetings.)

(5 mins)    COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS:

CLOSED SESSION REPORT:

ADJOURNMENT:  Adjourn to a time and place certain only if you wish to meet prior to the next regular meeting. 

CLOSED SESSION AGENDA CHECKLIST

Based on Government Code Section 54954.5

(All Statutory References are to California Government Code Sections)

Conference with Real Property Negotiators
            G.C. 54956.8

Potential purchase of open space:
 
Property:                                Filiorum: APN 7572-012-024, 7572-012-028, 7572-012-029, 7573-003-016, 7581-023-031, 7581-023-029, 7572-002-022

City Negotiators:       City Manager; City Attorney; Mayor Pro Tem Long; Councilman Stern; Director of Planning, Building and Code Enforcement Rojas

Negotiating Parties: York Long Point Associates

Under Negotiation:  Price and Terms of Payment

Potential Litigation:
            G.C. 54956.9(b)

A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, based on the below-described facts and circumstances, there is a significant exposure to litigation against the City:

Based on a threat of litigation received in a letter from Brant H. Dveirin, attorney for Mr. and Mrs. Conroy, dated June 10, 2009.  A copy of the letter from Brant H. Dveirin documenting the threat of litigation is on file in the City Clerk’s Office.   

Existing Litigation:
            G.C. 54956.9(a)

Name of Case:         Monks v. City of Rancho Palos Verdes, Los Angeles County Superior Court.  Case No. YS010425.

Name of Case:         VH Property Corp. and VHPS LLC v. City of Rancho Palos Verdes, et al., Los Angeles County Superior Court.  Case No. BC404048.

American with Disabilities Act: In compliance with the Americans with Disabilities Act of 1990, if you require a disability-related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the City Clerk’s Office at 310 544-5208 at least 48 hours prior to the meeting. 

NOTE: Staff reports are available for inspection at City Hall, 30940 Hawthorne Boulevard during regular business hours, 7:30 A.M. to 5:30 P.M. Monday – Thursday and 7:30 A.M. to 4:30 P.M. on Friday.  The agenda and staff reports can also be viewed at Hesse Community Park, 29301 Hawthorne Boulevard during regular business hours:  Monday – Friday from 9:00 A.M. until dusk; Saturday and Sunday from 10:00 A.M. until dusk.  

Written materials, including emails, submitted to the City are public records and may be posted on the City’s website.  In addition, City meetings may be televised and may be accessed through the City's website.  Accordingly, you may wish to omit personal information from your oral presentation or written materials as it may become part of the public record regarding an agendized item.

Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter of the lobby of the City Hall Administration Building at 30940 Hawthorne Boulevard, Rancho Palos Verdes during normal business hours.

You can also view the agenda and staff reports at the City’s website www.palosverdes.com/RPV.