CC MINS 20100216 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
FEBRUARY 16, 2010
The meeting was called to order at 6:00 P.M. by Mayor Wolowicz at Fred Hesse
Community Park, 29301 Hawthorne Boulevard, and was immediately recessed into
Closed Session. The meeting reconvened at 7:06 P.M.
City Council roll call was answered as follows:
PRESENT: Campbell, Misetich, Stern, and Mayor Wolowicz
ABSENT: Long (excused)
Also present were Carolyn Lehr, City Manager; Carolynn Petru, Deputy City Manager;
Carol Lynch, City Attorney; Dennis McLean, Director of Finance/Information
Technology; Joel Rojas, Director of Community Development; Ara Mihranian, Principal
Planner; Ron Dragoo, Senior Engineer; Holly Starr, Recreation Services Manager; and,
Carla Morreale, City Clerk.
FLAG SALUTE:
The Flag Salute was led by Former Councilman and Former Congressman Steve
Kuykendall.
CEREMONIAL:
Mayor Wolowicz recognized the middle school student participants in the Whale of a
Day Poster Contest and congratulated the winners. Recreation Services Manager Holly
Starr provided an overview of the Whale of a Day event and poster contest program.
MAYOR'S ANNOUNCEMENTS:
Mayor Wolowicz and Councilman Stern reported on the conclusion of the Fair Political
Practices Commission (FPPC) Investigation of Mayor Pro Tem Long and Councilman
Stern which exonerated them of any violation of the Political Reform Act regarding their
campaign disclosures related to the November 6, 2007 Election.
RECYCLE DRAWING:
Mayor Wolowicz announced Recyclers of the Month from the February 2, 2010 City
Council meeting: Jill Carlton and Flo McTaggart. 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.
City Council Minutes
February 16, 2010
Page 1 of 12
APPROVAL OF THE AGENDA:
Councilman Stern moved, seconded by Councilman Misetich, to approve the agenda,
as presented.
Without objection, Mayor Wolowicz so ordered.
PUBLIC COMMENTS:
Joe Lindorfer, Rancho Palos Verdes, stated that he was present to speak regarding the
Neighborhood Permit Parking, but noted that he would be postponing his comments in
light of the fact that he just found out that the consideration of the Permit Parking
program would be discussed by the City Council in two weeks. He inquired as to the
ability of the public to provide input and public comments regarding the fees for the
Permit Parking program.
Mark Tilford, Redondo Beach, stated that he was present to make the public aware of
the circulation of a petition for a constitutional amendment titled "The Citizen Legislation
Act of 2010 — Californians for a Part-Time Legislature" on the November General
Election. He stated it was a people's initiative to return California back to a part-time
legislature, which is what the State had until the 1960s. He reported that 43 other
states currently have part-time legislatures and conduct their business efficiently. He
opined that this initiative could potentially save the state hundreds of millions of
taxpayer dollars.
Ken Dyda, Rancho Palos Verdes, stated that in November there was a vote by Council
to examine the possibility of funding for abating the Portuguese Bend Landslide and
inquired when the item may come back to Council for a status update.
CITY MANAGER REPORT:
City Manager Lehr invited Senior Engineer Ron Dragoo to provide a status update
report and PowerPoint presentation regarding the recent storm of February 6, 2010,
which resulted in mudflows, and the clean-up process by several agencies at 25th
Street/Palos Verdes Drive South.
Mayor Wolowicz commended David Bender for his efforts in assisting a motorist to free
his vehicle from the mudflow and in assisting in the early clearing of the roadway.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Council Minutes
February 16, 2010
Page 2 of 12
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding Item No. 10 (Professional Services Agreement with Magis Advisors
to Provide Financial Consulting Services for the Civic Center Project).
Councilman Misetich asked for clarification regarding the Public Interest Investigation
expense item on Item No. 11 (Register of Demands).
In response to Councilman Misetich's inquiry, City Manager Lehr stated that she
believed it was regarding a personnel matter, and that if that was not the case she
would notify him regarding the topic.
City Attorney Lynch added that particular details of personnel items cannot be
discussed at a City Council Meeting due to issues regarding privacy.
Councilman Stern moved, seconded by Councilman Campbell, to approve the Consent
Calendar, as presented.
The motion passed on the following roll call vote:
AYES: Campbell, Misetich, Stern, and Mayor Wolowicz
NOES: None
ABSENT: Long
Motion to Waive Full Reading
Adopted a motion to waive reading in full of all ordinances presented at this meeting
with consent of the waiver of reading deemed to be given by all Council Members after
the reading of the title.
Approval of the Minutes
Approved the Minutes of the January 19, 2010 Adjourned Regular Meeting; the January
19, 2010 Regular Meeting; and, the February 2, 2010 Adjourned Regular Meeting.
Adoption of Ordinance No. 505 - Repeal of Chapter 2.30 of Municipal Code
ADOPTED ORDINANCE NO. 505, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, REPEALING CHAPTER 2.30 OF THE RANCHO PALOS VERDES
MUNICIPAL CODE RELATING TO VOLUNTARY CAMPAIGN EXPENDITURE
LIMITATIONS.
Professional Engineering Services for Residential Streets Overlay and Slurry Seal
Program (FYO9-1O)
City Council Minutes
February 16, 2010
Page 3 of 12
1) Awarded a professional service contract to KOA Corporation/CBM Consulting for
design, construction management & inspection services for the Residential Street
Overlay and Slurry Seal Project Fiscal Year 09-10. Authorized the Mayor and City Clerk
to execute a Professional Services Agreement with KOA Corporation/CBM Consulting
for a not to exceed amount of$145,050 and authorized the expenditure of an additional
$14,505 (10%)for unforeseen conditions for a total authorized amount of$159,555;
and, 2) Awarded a geotechnical engineering service contract to Group Delta
Consultants, Inc. for geotechnical services for the Residential Street Overlay and Slurry
Seal Project Fiscal Year 09-10. Authorized the Mayor and City Clerk to execute a
Professional Services Agreement with Group Delta Consultants, Inc. for a not to exceed
amount of$15,000 and authorized the expenditure of an additional $1,500 (10%) for
unforeseen conditions for a total authorized amount of$16,500.
Claim Against the City by Niki Desanto Amsden
Rejected the claim and directed staff to notify the claimant.
Claim Against the City by Amalia Fraker
Rejected the claim and directed staff to notify the claimant.
City's Affordable Housing Fund Equity Transfer to the Redevelopment Agency
ADOPTED RESOLUTION NO. 2010-10, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, AUTHORIZING THE TRANSFER OF
FUNDS FROM THE CITY'S IN-LIEU HOUSING FUND TO THE RANCHO PALOS
VERDES REDEVELOPMENT AGENCY FOR THE PROJECT DESCRIBED IN THE
DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND
AMCAL MIRANDELA FUND, L.P.
Clarification of a Previously Adopted City Council Resolution Related to a State
Grant Application
ADOPTED RESOLUTION NO. 2010-11, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, APPROVING A MINOR AMENDMENT TO
PREVIOUSLY ADOPTED COUNCIL RESOLUTION NO. 2009-68 TO CLARIFY THAT
THE CITY COUNCIL AND NOT THE PALOS VERDES PENINSULA LAND
CONSERVANCY IS THE GRANTEE FOR A GRANT APPLICATION TO THE STATE'S
HABITAT CONSERVATION FUND FOR TRAIL AND HABITAT RESTORATION AT
THE PORTUGUESE BEND RESERVE.
Mayor's Appointment of City Council Members to the Ad Hoc Subcommittee on
Employee Compensation
City Council Minutes
February 16, 2010
Page 4 of 12
Appointed Mayor Pro Tern Long and Councilman Misetich to the Employee
Compensation Ad Hoc Subcommittee.
Professional Services Agreement with Magis Advisors to provide Financial
Consulting Services for the Civic Center Project
1) Approved the Professional Services Agreement with Magis Advisors to assist the City
in developing funding alternatives for the Civic Center Project, including the
replacement of City Hall; and, 2) Authorized the Mayor and City Clerk to execute the
Agreement.
Register of Demands
ADOPTED RESOLUTION NO. 2010-12, 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.
# # # # # #
PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:
REGULAR NEW BUSINESS:
City Advisory Board Chairs
Mayor Wolowicz introduced the item to appoint Chairs for the Oversight Committee for
the Water Quality Flood Protection Program (Oversight Committee); Traffic Safety
Commission; and Emergency Preparedness Committee.
Councilman Stern moved, seconded by Councilman Campbell, to appoint Frank Lyon
as Chair for the Oversight Committee for the Water Quality Flood Protection Program.
By acclamation, Frank Lyon was appointed to serve as Chair of the Oversight
Committee for the Water Quality Flood Protection Program.
City Clerk Morreale distributed ballots for the Chair position for the Traffic Safety
Commission while Mayor Wolowicz reported that David Kramer and Lynn Swank had
applied for the position.
Councilman Stern noted that there were well-qualified applicants for all of the Chair
positions.
After one round of balloting, Lynn Swank was unanimously appointed as the Chair of
the Traffic Safety Commission.
City Council Minutes
February 16, 2010
Page 5 of 12
City Clerk Morreale distributed ballots for the Chair position for the Emergency
Preparedness Committee while Mayor Wolowicz reported that Mel Hughes and Tim
Weiner had applied for the position.
After one round of balloting, Tim Weiner was appointed as the Chair of the Emergency
Preparedness Committee.
Mayor Wolowicz thanked all of the applicants on behalf of the Council for their
willingness to serve the community and as Chair of their respective committees.
Tactical Plan for 2010
Deputy City Manager Petru provided a brief status update report regarding the Tactical
Plan after the incorporation of the comments and input received from Council Members
at the Tactical Planning Workshop.
David Aikens, Rancho Palos Verdes, stated that he was concerned with the changes to
the environment, traffic, and parking issues as a result of the proposed improvements to
be made at Grandview Park.
Councilman Misetich moved, seconded by Councilman Stern, to adopt the Tactical Plan
for 2010, thereby setting goals for the two-year period ending in December 2011 with
specific strategies and timelines for achieving them.
The motion passed on the following roll call vote:
AYES: Campbell, Misetich, Stern, and Mayor Wolowicz
NOES: None
ABSENT: Long
Support for the League of California City's Ballot Measure Entitled the Local
Taxpayer, Public Safety, and Transportation Protection Act of 2010
City Manager Lehr stated that the League of California City's ballot measure titled the
Local Taxpayer, Public Safety, and Transportation Protection Act of 2010 which pertains
to City financial revenue, and was a direct follow-up from the City Council and senior
staffs attendance at the Legislative Conference in Sacramento the prior month.
Mayor Wolowicz provided a synopsis of the ballot measure titled the Local Taxpayer,
Public Safety, and Transportation Protection Act of 2010.
Councilman Misetich moved, seconded by Councilman Campbell, to ADOPT
RESOLUTION NO. 2010-13, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, SUPPORTING THE LOCAL TAXPAYER, PUBLIC
SAFETY, AND TRANSPORTATION PROTECTION ACT OF 2010.
City Council Minutes
February 16, 2010
Page 6 of 12
The motion passed on the following roll call vote:
AYES: Campbell, Misetich, Stern, and Mayor Wolowicz
NOES: None
ABSENT: Long
Marymount College Facilities Expansion Project: Conditional Use Permit No. 9 —
Revision "E," Grading Permit, Variance, Minor Exception Permit, Master Sign
Permit and Environmental Assessment (Case No. ZON2003-00317) located at
30800 Palos Verdes Drive East—Appendix D to the Final Environmental Impact
Report (EIR)
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there were eight requests to speak on the item.
Principal Planner Mihranian provided a brief staff report regarding the Marymount
College Draft Appendix D to the Final Environmental Impact Report. He stated that the
staff recommendation was to solely receive public comments on the Draft Appendix D,
which was prepared based on project revisions that were introduced to the City Council
in September 2009. He reported that the Draft Appendix D was released on January
21, 2010 for the 30-day public review comment period which will end on March 8, 2010.
Principal Planner Mihranian provided a PowerPoint presentation and an overview report
on the Marymount College Expansion Project, including the existing facilities and
explained the approval and appeal process to date. He provided information on the
proposed project revisions in response to City Council direction, including the
introduction of the Bachelor of Arts Degree Program and the athletic field alternatives.
He provided information on the academic programs and degrees currently offered and
proposed to be offered at Marymount College; and aspects of the campus that will not
change including the following: enrollment cap of 793 students; number of faculty and
staff members; hours of operation; athletic programs; and the proposed parking for the
site. He briefly summarized the two alternatives for the proposed athletic field:
Alternative D-1 directed by the City Council, and Alternative D-2 proposed by the
College in response to the Council's concerns. He provided details of the proposed
alternatives for the athletic fields and tennis courts, including the associated grading,
landscaping, and parking proposals.
Principal Planner Mihranian introduced the EIR Project Manager, Rita Garcia, and EIR
Traffic Engineer, Paul Martin, with Robert Bein, William Frost (RBF) & Associates
Environmental Consulting firm. Ms. Garcia provided a PowerPoint presentation that
summarized the significant unavoidable impacts concluded in the Final EIR then
proceeded to explain the various environmental topic areas analyzed in the Draft
Appendix D for the proposed project revisions. Her presentation covered the following
topic areas: Aesthetics/Light and Glare, Air Quality, Noise, Geology, Hydrology and
City Council Minutes
February 16, 2010
Page 7 of 12
Water Quality, Public Services and Utilities, and Biological Resources. She stated that
based on the proposed project revisions, the analysis concluded that the potential
environmental analysis can be mitigated with appropriate mitigation measures to a level
of less than significant with the exception of Aesthetics and Light/Glare for Athletic Field
Alternative D-1 as it relates to the relocation of the parking lot to the western portion of
the campus. She then asked for the EIR Traffic Engineer, Paul Martin, to discuss the
Traffic and Parking analysis.
Mr. Martin provided a PowerPoint presentation that summarized the Traffic and Parking
analysis that was conducted in connection to the proposed project revisions. His
presentation briefly summarized potential changes to traffic and parking resulting from
additional trips generated by the introduction of the Bachelor of Arts Degree Program
according to the Institute of Traffic Engineers. He concluded that based on the updated
analysis, the increased traffic is the same as concluded in the Final EIR with three
significant impacts of which two intersections can be mitigated to a less than significant
level with mitigation measures, and the third intersection, Palos Verdes Drive East and
Palos Verdes Drive South, would only be partially mitigated for cumulative impacts
resulting in a significant unavoidable impact. As for parking, with the implementation of
the recommended parking management strategies as mitigation measures, the potential
impacts can be reduced to a less than significant level.
Principal Planner Mihranian concluded that the mitigation measures listed in the Draft
Appendix D were organized into three tables for each component of the project
revisions analyzed and that the Final Mitigation Measures will be consolidated into one
table based on Council direction. He then reminded the public that the close of the
comment period on Draft Appendix D is at the end of the business day on March 8,
2010 and that the Final Appendix D, including the Responses to Comments, will be
presented to the Council at the time the appeal hearing is conducted which is tentatively
scheduled for April 2010.
Council and staff discussion ensued regarding the following topics: range of size for
standard soccer fields; the use of synthetic turf on the athletic field; the studies
regarding traffic and parking based on the number of students; the maximum enrollment
cap for students; the mitigation measure for traffic related issues as a result of the
placement of a traffic signal at the intersection of Palos Verdes Drive East and Miraleste
Drive; and, the consideration of restricted street parking near the college campus. Also
discussed were the following issues: safety concerns with the placement of the athletic
fields near Palos Verdes Drive East; and, mitigation measures to prevent errant soccer
and tennis balls from entering the adjacent street.
RECESS AND RECONVENE:
Mayor Wolowicz called a brief recess from 9:05 P.M. to 9:22 P.M.
City Council Minutes
February 16, 2010
Page 8 of 12
Dr. Michael Brophy, President, Marymount College, stated that when Marymount
College had shared its plans to offer a BA Degree in certain areas of study, they were
confident that the change would not introduce any external impacts due to the following
key operational factors which remain constant: the enrollment cap of 793; the number
of student seats; the overall number of faculty and staff; the overall number of courses;
and, the scheduling of classes for an enrollment of up to 793 students. He stated that
he hoped the lengthy and legally adequate CEQA analysis before Council confirms that
both the Baccalaureate Degree Programs and both of the site plans for the athletic
fields and tennis courses introduce no significant new environmental impacts with the
incorporation of the proposed mitigation measures. He encouraged the Council's
prompt scheduling of the final public hearing for the Marymount College Expansion
Project.
Don Davis, Burke Williams and Sorenson, legal counsel for Marymount College, stated
that considering the traffic circulation section of the Draft Appendix D to the Final
Environmental Impact Report, he opined that the City uses a very conservative
methodology throughout the process, noting that he believed the project trips were
overstated. He stated that the enrollment of the college will not change and the college
virtually operates as a university at the current time. He noted that the City had added a
significant number of forecast trips based on the expansion of the facility, which they
believe is overstated, concluding that the EIR document is fully adequate. He noted
that with the BA Program, the College would not actually reach the 250 enrollment cap
proposed for the BA program for many years. He reported that regarding the parking
issue and on-street parking, the College was adding 120 parking spaces to the project
to address that issue. Mr. Davis stated that the traffic studies indicate that there is a
level of service of"F" for failing at the PVDE and Miraleste Drive intersection and
encouraged the City to proceed with the improvement at the intersection through its
Capital Improvement Program. He commented that out of the two alternatives, the
preference of the College was for Alternative D-2 over Alternative D-1 for the athletic
fields.
Lois Karp, CCC/ME, Rancho Palos Verdes, stated that the CCC/ME's concern with the
BA Program was that there would be more demand for more teachers, employees,
traffic and parking. She reported that Appendix D confirmed the following significant
increase in trips to the campus: the Draft EIR stated that the daily trips to the campus
were 1479; the Final EIR indicated that there were 1636 trips; and, with the four-year
degree there were 1931 trips. She noted that the consultant suggested that there
should be carpools and shuttle busses to mitigate the parking problems and additional
trips, but the DEIR indicated that additional shuttle busses to mitigate peak hour traffic
were infeasible. She reported that 45 carpool spaces were mandated as a mitigation in
1990 when the Student Union was added, but they were never created so they CCC/ME
does not have confidence that carpooling will be enforced to reduce the traffic impacts.
She commented on the following topics: a shortage of parking spaces with the
expansion; adherence to and compliance with the Rancho Palos Verdes Municipal
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February 16, 2010
Page 9 of 12
Code for Institutional Zones regarding parking, number of students and staff, and
allowable activities.
Mrs. Karp raised concerns regarding the athletic fields including the following issues:
the placement of the field near Palos Verdes Drive East and related issues of nets, tall
fences, traffic hazards, noise, safety issues, grading concerns on the fragile site; and
huge retaining walls. She stated that there have been numerous changes to the plans
and that CEQA requires a stable project and expressed concerns regarding the recent
addition of the future development of a community preschool included in Appendix D.
Mrs. Karp concluded that CCC/ME requests that the Council take the following actions:
1) Require strict enforcement of the Rancho Palos Verdes parking code; 2) Retain the
existing athletic field (Castle Field) at its present elevation and location; 3) Reject the
tennis courts graded nine feet higher until there are visual studies and silhouettes; and,
4) Do not violate CEQA by including the preschool without studying it in the EIR.
Mark Wells, Rancho Palos Verdes, opined that if Marymount College does not receive
four-year BA status, the College would probably fail and their quest to become a four-
year institution was based solely on their yearning to have on-campus housing. He
stated he did not support Marymount College's quest to become a four-year college or
the approval of Appendix D. He requested a study of residents living on the east side of
the City to determine if residents in the area want a traffic signal at Palos Verdes Drive
East and Miraleste Drive, and commented on the traffic impacts due to the Marymount
Shuttle Van on Crestwood Drive and Trudie Drive.
Jack Karp, Rancho Palos Verdes, stated that according to the Development Code,
Marymount College is 410 parking spaces short of the necessary parking for the
expansion project; commented that he did not understand how the College could
mitigate parking issues by allowing the parking offsite; and noted that the project should
adhere to the City's Code.
Tom Redfield, Rancho Palos Verdes, stated that his greatest concerns were the
following: parking issues; noise related to the construction at Marymount College;
inconsistency with the City's General Plan regarding view corridors along Palos Verdes
Drive East; and, safety issues related to the balls from the athletic fields and tennis
courts.
Jim Gordon, Rancho Palos Verdes, stated that the traffic trips stated by Mrs. Karp were
increases to the already existing 2439 average daily trips, which was based on four
traffic count observations. He reported that the finished grade of the soccer field height
has been raised two feet from the original plan and the tennis courts nine feet. He
noted that the use of the Marymount Junior College is not typical since most community
college students attend night classes; yet approximately 80% of the traffic observed
from Marymount College was before 6:00 p.m., which is the end of the peak period.
City Council Minutes
February 16, 2010
Page 10 of 12
Craig Mueller, Rancho Palos Verdes, stated that he believed the current location for the
soccer field was best due to safety and noise issues and had concerns with the
alternative location of the soccer field for reasons of safety, noise, required safety
netting possibly obstructing views, and drainage issues. He noted manners in which to
mitigate lighting issues in the parking lots and commented that university students
would fully utilize the campus during its hours of operation from 7:00 a.m. to 11:00 p.m.
Pat Carroll, Rancho Palos Verdes, stated concerns with the traffic safety issues due to
errant balls, noise, and visual impacts of the proposed location of the athletic field on
the east side of the campus.
Lisa Vavic, Rancho Palos Verdes, stated that she has concerns with the following
issues: traffic safety concerns with the soccer field and tennis court location due to
flying balls; parking management strategies; traffic issues at the intersection of Palos
Verdes Drive South and Palos Verdes Drive East.
Dr. Brophy rebutted that the record would show that changes to the Marymount College
plans has most often been in response to City staff's requests. He stated that the
motivation for Marymount College to offer the BA Degree was to meet the needs of the
students in the South Bay. He stated that Marymount College currently has received
complaints regarding noise issues related to activities at the soccer field, which he
acknowledged would continue to be a problem wherever the fields were located. He
stated that the parking and traffic concerns were previously discussed and noted that a
third party was consulted to review the work that was performed regarding the traffic
analysis.
Mrs. Karp stated that she had no additional comments, but would submit the comments
she made this evening in writing, noting that she would not be available on April 20,
2010, if that was a date being considered.
Mayor Wolowicz provided concluding remarks, noting that the staff recommendation
was to conduct a public meeting for the sole purpose of obtaining public comments on
the Marymount College Facilities Expansion project Appendix D to the Final
Environmental Impact Report.
CITY COUNCIL ORAL REPORTS:
Each Council Member reported on his attendance at various organization and
association meetings since the last City Council Oral Reports were provided on
February 2, 2010.
COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS:
None.
City Council Minutes
February 16, 2010
Page 11 of 12
CLOSED SESSION REPORT:
City Attorney Lynch reported that with respect to the three Closed Session items,
reports were provided and no action taken on any of the items, with Mayor Pro Tem
Long absent.
ADJOURNMENT:
At 10:24 P.M., Mayor Wolowicz adjourned the meeting to Tuesday, March 2, 2010 at
6:00 P.M. at Hesse Park to conduct interviews of applicants for Chair of the Planning
Commission.
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City Council Minutes
February 16, 2010
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