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CC MINS 20080603 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JUNE 3, 2008 The meeting was called to order at 6:00 P.M. by Mayor Stern at Fred Hesse Community Park, 29301 Hawthorne Boulevard and was immediately recessed into Closed Session. The meeting reconvened at 7:01 P.M. City Council roll call was answered as follows: PRESENT: Clark, Gardiner, Long, Wolowicz and Mayor Stern ABSENT: None Also present were Carolynn Lehr, City Manager; Carol Lynch, City Attorney; Carolynn Petru, Deputy City Manager; Dennis McLean, Director of Finance and Information Technology; Joel Rojas, Director of Planning, Building, and Code Enforcement; Jim Bell, Director of Public Works; Ara Mihranian, Principal Planner; Daniel Pitts, Code Enforcement Officer; So Kim, Assistant Planner; Abigail Harwell, Assistant Planner; Alan Braatvedt, CBM Consulting; and, Carla Morreale, City Clerk. FLAG SALUTE: The Flag Salute was led by Mayor Pro Tem Clark. MAYOR'S ANNOUNCEMENTS: None. RECYCLE DRAWING: Mayor Stern announced Recyclers of the Month from the May 20, 2008 City Council meeting, Marina Kennedy and Paul Tarbuck. He indicated that all winners receive a check for $250 representing a year of free refuse service and urged everyone to participate in the City's recycling program. APPROVAL OF AGENDA: Mayor Pro Tem Clark moved, seconded by Councilman Wolowicz to approve the Agenda. Without objection, Mayor Stern so ordered. PUBLIC COMMENTS: Ann Lynch, Rancho Palos Verdes, Founder of the South Bay Wildlife Rehabilitation, reported on the focus of her all volunteer organization and asserted that her organization would like to have its vision included in the proposed Annenberc, Foundation's animal care facility and would be available for discussion of ideas. Sunshine, Rancho Palos Verdes, stated that there were omissions in the job'description of the Open Space Trails Manager and problems with trail signage. CEREMONIAL: Mayor Stern introduced members of the Lomita Sheriff's Station CORE Team and congratulated them on receiving the Public Service Recognition Week Team Accomplishment Award from the Greater Los Angeles Federal Executive Board. CITY MANAGER REPORT: None. NEW BUSINESS APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that late correspondence was distributed on Item Nos. 2 and 13. Councilman Wolowicz requested that Item Nos. 6, 13, and 14, be removed from the Consent Calendar for separate consideration and Councilman Gardiner requested that Item 2 be removed for separate consideration. Mayor Pro Tem Clark moved, seconded by Councilmember Long, to approve the Consent Calendar, as amended, with Item Nos. 2, 6, 13, and 14 removed from the Consent Calendar for separate consideration following the Regular Business items. The motion carried on the following roll call vote: AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern NOES: None Motion to Waive Full Reading Adopted a motion to waive reading in full of all ordinances presented at this meeting with consent of the waiver of reading deemed to be given by all Council Members after the reading of the title. Approval of Minutes (301) This item was removed from the Consent Calendar for separate consideration following Regular Business. City Council Minutes June 3, 2008 Page 2 of 13 Claim Against the City by Edith G. Brines (303) Rejected the claim and directed staff to notify the claimant. Claim Against the City by Albert L. Chaney, Ill (303) Rejected the claim and directed staff to notify the claimant. Claim Against the City by Mallory Hartt, Bret Sean Hartt and David Brooks Hartt (303) Rejected the claim and directed staff to notify the claimants. Border Issues Status Report (310) This item was removed from the Consent Calendar for separate consideration following Regular Business. Extension of Professional Services Agreement for Home Improvement Administration — FY 08-09 (601) Approved the option to renew a professional services agreement with MDG Associates to continue providing Home Improvement Program administration services through the Community Development Block Grant Program for the period July 1, 2008 to June 30, 2009 for a not-to-exceed amount of$30,000. Extension of Professional Services Agreement for Community Development Block Grant Program Administration — FY 08-09 (601) Approved the option to renew a professional services agreement with Diana Cho and Associates to continue providing Community Development Block Grant Program administration services for the period July 1, 2008 to June 30, 2009 for a not-to-exceed amount of$17,500. Award Storm Drain Lining Project 2008 — Phase I (604 x 1204) 1) Approved the Plans and Specifications for the construction of the Storm Drain Lining Project 2008 — Phase I; 2) Awarded a Construction Contract to Re Pipe — California, Inc., in the amount of$273,663 for the construction of the Storm Drain Lining Project 2008 — Phase I and authorized the expenditure of up to $70,000 for possible extra work; 3) Awarded a contract for professional services to CBM Consulting, Inc. in the not to exceed amount of$30,000 for Construction Inspection services; and, 4)Authorized the Mayor and City Clerk to execute the contracts with Re Pipe - California, and CBM Consulting, Inc. Construction Contract for Residential Street Overlay and Slurry Seal Project (Area 7) (1404 x 1204) City Council Minutes June 3, 2008 Page 3 of 13 1) Approved the construction plans; 2) Awarded a contract for the construction of the Residential Street Overlay and Slurry Seal Project to Hardy & Harper Inc. for the contract bid amount of$856,000 and authorized staff to spend up to an additional $100,000 for possible extra work or unforeseen conditions, for a total authorization of $956,000; 3) Authorized the Mayor and City Clerk to execute a contract with Hardy & Harper, Inc.; 4) Awarded a contract to Willdan Inc. for the Construction Management and Inspection services in an amount not to exceed $75,000; and, 5) Authorized the Mayor and City Clerk to execute a contract with Willdan Inc. Extension to Lease Agreement with New Cingular Wireless Associated with the Monopole at City Hall (1601 x 1201) Approved the First Amendment to the Lease Agreement with New Cingular Wireless PCS, LLC to extend the term of the agreement to June 30, 2009. Adoption of Ordinance No. 472 — Fire Hazard Severity Zone Map (603) ADOPTED ORDINANCE NO. 472, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, DESIGNATING VERY HIGH FIRE HAZARD SEVERITY ZONES, AMENDING THE 2007 CALIFORNIA FIRE CODE, AND AMENDING TITLE 8 OF THE RANCHO PALOS VERDES MUNICIPAL CODE. Tactical Plan for 2008 (306) This item was removed from the Consent Calendar for separate consideration following Regular Business. Review of Job Description (1202) This item was removed from the Consent Calendar for separate consideration following Regular Business. April 2008 Treasurer's Report (602) Received and filed the April 2008 Treasurer's Report for the City of Rancho Palos Verdes. Register of Demands ADOPTED RESOLUTION NO. 2008-43, 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: City Council Minutes June 3, 2008 Page 4 of 13 Appeal of a Height Variation, Grading Permit, Site Plan Review and Extreme Slope Permit (Case No. ZON2007-00179) (5329 Bayridge Road) [Continued from April 29, 2008] (1804) City Clerk Morreale reported that this public hearing was continued from the April 29, 2008 City Council Meeting, late correspondence was distributed prior to the meeting, and there were 15 requests to speak on the item. Assistant Planner Kim provided a PowerPoint presentation and brief staff report on the item. Council and staff discussion included the following issues: clarification on the pad height and the height of the project, as well as the bulk and mass of the project; neighborhood compatibility; neighborhood houses used as comparisons in the appeal; the view of the San Gabriel Mountains, which are sometimes not visible; deference to the view owner's viewpoint that the city lights are the most important view; two neighbors adjacent to the property who oppose the project; potential privacy issues for the adjacent properties; a suggestion that the View Ordinance in the Municipal Code be amended to state that if every homeowner whose view would be impaired would put in writing that they are not claiming view impairment, the City should be allowed to dispense with a need to make a non-view impairment finding; neighborhood compatibility issues where the Planning Commission dissents from the majority of the neighborhood; and, undue complexity in the process, compounded by interpretations of the land use laws. Louie Tomaro, Architect, Tomaro Architecture, provided a three-dimensional presentation of the project in order to illustrate and address the issues of bulk, mass, view, and privacy issues. Council and staff discussion with the speaker included the following topics: clarification on the reduction of the height of the pad; privacy issues related to views into neighboring properties from the balcony upper level; size of the upper level; and, the 16 foot height level being at the height of the eaves of the structure. Susan Semelka, Rancho Palos Verdes, stated that they have addressed the issues related to privacy with the modifications they are making as part of the proposed addition; noted there have been thirteen other height variations granted in the neighborhood; and, neighborhood support for the project. Council and staff discussion with the speaker included issues related to screening with foliage to resolve any potential privacy issues. The following speakers spoke in support of the project: Stacy Martin,, Rancho Palos Verdes; George Bono, Rancho Palos Verdes; Leo Poxon, Rancho Palos Verdes; Ralph & Angela Epstein, Rancho Palos Verdes; Jacintha Knapp, Rancho Palos Verdes; David Knapp, Rancho Palos Verdes; Marsha Kasunich, Rancho Palos Verdes; Michael Russell, Rancho Palos Verdes; Michael Minesci, Rancho Palos Verdes; Margena City Council Minutes June 3, 2008 Page 5 of 13 O'Donnell, Rancho Palos Verdes; John Bohls, Rancho Palos Verdes; Captain Padaiy Singh, Rancho Palos Verdes; Brenda Gyllenswan, Rancho Palos Verdes; Joan Dawson, Rancho Palos Verdes. Council and staff discussion with the architect included the use of foliage on either side of the property line as a solution to mitigate the privacy and view issues from the balcony and for the neighbors. Councilman Long moved, seconded by Councilman Gardiner, to grant the appeal and approve the project as proposed without change to the opaque panels. Mayor Pro Tern Clark moved, seconded by Councilman Wolowicz, to amend the motion to add that the applicant offer to plant foliage on their neighbor's property at the applicant's expense and to also plant foliage on the applicant's property to mitigate privacy issues. Further Council and staff discussion included consideration of the pros and cons of the use of foliage to protect the neighbor's privacy; whether the privacy issue was a matter under discussion by the Planning Commission; and, the denial of the project by the Planning Commission was based on bulk, mass, and impairment of view. The motion to amend failed on the following roll call vote: AYES: Clark and Wolowicz NOES: Gardiner, Long, and Mayor Stern The main motion to grant the appeal and approve the project as proposed without change to the opaque panels with staff to return with a revised resolution commemorating the Council's decision passed on the following roll call vote: AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern NOES: None RECESS AND RECONVENE: Mayor Stern called a brief recess from 8:50 p.m. to 9:03 p.m. PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA: REGULAR NEW BUSINESS: Palos Verdes Nature Preserve —Temporary Time-Out at the Portuguese Bend Reserve (1201) City Clerk Morreale reported that late correspondence was distributed on this item prior to the meeting. City Council Minutes June 3, 2008 Page 6 of 13 Councilman Long moved, seconded by Councilman Wolowicz, to waive the staff report. Without objection, Mayor Stern so ordered. Council and staff discussion included the following topics: clarification on enforcement efforts once the temporary time-out at the Portuguese Bend Reserve is lifted; the status of re-vegetation and restoration of areas in the Reserve that were previously used as bike jump areas; and, the confirmation that there are no locations within the Reserve where bike jumping is allowed. John Wessel, Rancho Palos Verdes, spoke in favor of legally prescribed speed limits rather than informal recommendations, and asked that the limits be set no higher than 10 miles per hour. He read comments from Eva Ciccoria supporting very low speed limits in the Reserve. Council and staff discussion included the lack of recommended speed limits in the staff report; the setting of speed limits and the feasibility of speed limit enforcement; and, an assertion that most cyclists are unable to monitor their speed. Al Sattler, Rancho Palos Verdes, expressed concern regarding the lack of a speed limit and suggested the use of a universal speed law in lieu of a speed limit, stating that you are not to travel at an unsafe rate of speed. Ann Shaw, Rancho Palos Verdes, stated that there is concern regarding speed limits, safety issues, and enforcement challenges in the Reserve. Further Council and staff discussion included a request to include signage regarding speed and safety issues. Councilman Wolowicz moved, seconded by Mayor Stern, to direct staff to lift the temporary time-out by June 6, 2008 with staff to return with an ordinance to forbid unsafe activity that endangers others in the Preserve. Further Council and staff discussion included the following issues: the lack of resources available for enforcement; questions on violations described in the staff report; and the need to monitor the situation and have the Lomita Sheriff's Department return with a report. The motion passed on the following roll call vote: AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern NOES: None Neighborhood Traffic Calming Program (NTCP) Update (1502) City Clerk Morreale reported that late correspondence was distributed on this item prior to the meeting. City Council Minutes June 3, 2008 Page 7 of 13 Councilman Long moved, seconded by Mayor Pro Tem Clark, to waive the staff report. Without objection, Mayor Stern so ordered. Council and staff discussion included the following topics: traffic calming programs in other cities; program funding alternatives included cost sharing of traffic calming projects; clarification on the application process and proposed appeals process for traffic calming projects; concern with neighborhood-funded speed humps; the distinction between traffic safety mitigations to be funded by the City as safety measures opposed to neighborhood amenities to be funded by the neighborhood; funding for the Toscanini neighborhood traffic calming improvement project; concern with the absence of a Traffic Safety Commission representative for this discussion; and, instances where speed humps are considered amenities. Mayor Stern moved, seconded by Mayor Pro Tem Clark, to direct staff to proceed with the previously approved Toscanini neighborhood traffic calming improvements and set a funding priority in the amount of$45,000 for FY 08-09. The motion passed on the following roll call vote: AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern NOES: None Mayor Pro Tern Clark moved, seconded by Councilman Gardiner, to direct staff to return with dates for a City Council/Traffic Safety Commission Joint Workshop to discuss the NTCP. Council and staff discussion included if there was a need for a Joint City Council/Traffic Safety Commission Workshop; the Council's responsibility to set traffic policy; the NTCP as a work product of the Traffic Safety Commission (TSC); and, how to best communicate with the TSC regarding the deliverable. The motion passed on the following roll call vote: AYES: Clark, Gardiner, and Wolowicz NOES: Long and Mayor Stern Award Construction Contract and Construction Management Professional Services Contract— McCarrell Canyon Storm Drain Project (1204 x 604) City Clerk Morreale reported that late correspondence was distributed on this item prior to the meeting. Director Bell provided a PowerPoint presentation and staff report including a review of the items included late correspondence. City Council Minutes June 3, 2008 Page 8 of 13 Council and staff discussion included the follow issues: the timing of bid approvals versus the receipt of permit approvals and the costs associated with not accepting the current bids; and, permit delays due to an understaffed Los Angeles Regional Water Quality Control Board. Councilman Long moved, seconded by Councilman Gardiner, to 1) approve the following award of contracts as proposed by staff, contingent upon the receipt of a permit from the Los Angeles Regional Water Quality Control Board by June 19, 2008: a) Approve Item 1 to award a construction contract to Cedro Construction, Inc., for the base bid in the amount of$5,866,189; b)Approve Item 2 to award a professional services contract to Simplus Management Corporation for the construction management and observation of the McCarrell Canyon Storm Drain Project; and, c) Authorize the Mayor and City Clerk to execute the contracts with Cedro Construction, Inc., Simplus Management Corporation, and Kleinfelder; and, 2) Direct staff to continue to pursue the permit from the Army Corps of Engineers while creating an alternate design for the portion of the project related to the Tarragon property. Further Council and staff discussion included tracking the progress and expenses of the project using the five project elements as milestones, and an explanation of how the City would proceed with the project. The motion passed on the following roll call vote: AYES: Clark, Gardiner, Long, Wolowicz and Mayor Stern NOES: None Administrative Code Enforcement Penalty Ordinance (1801 x 1103) City Clerk Morreale reported that late correspondence was distributed on this item prior to the meeting and there were no requests to speak on the item. Councilman Long moved, seconded by Mayor Pro Tem Clark, to waive staff report and approve the staff recommendation. Council and staff discussion included the policy on fines and notification on the hearing process. Mayor Stern moved to amend the motion to change the notification period for the time and place of the hearing from 10 days to 20 days before the date of the hearing, and the submittal of documentation to the Hearing Officer from 5 days to 10 days prior to the date of the hearing. The maker and seconder of the motion accepted the amendment to the motion. Further Council and staff discussion included the process for the handling of fee waivers and clarification of NPDES standards and violations. City Council Minutes June 3, 2008 Page 9 of 13 6, Councilman Long moved, seconded by Mayor Pro Tem Clark, and unanimously passed to 1) INTRODUCE ORDINANCE NO. 473, AS AMENDED, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING PROCEDURES AND ADMINISTRATIVE PENALTIES FOR VIOLATIONS OF THE RANCHO PALOS VERDES MUNICIPAL CODE AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE; and, 2) ADOPT RESOLUTION NO. 2008-44, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ESTABLISHING A PENALTY SCHEDULE FOR ADMINISTRATIVE CITATIONS. The motion passed on the following roll call vote: AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern NOES: None Temporary Special Event Signs in the Public Right-of-Way (1203) City Clerk Morreale reported that late correspondence was distributed on this item prior to the meeting. Councilman Wolowicz moved, seconded by Mayor Pro Tem Clark, to waive the staff report and approve staff recommendation to approve three new locations for the placement of temporary special event signs in the public right-of-way and/or on City owned property. The motion passed on the following roll call vote: AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern NOES: None Committees and Commissions Temporary Time Out: Status Report (106) City Clerk Morreale reported that late correspondence was distributed on this item prior to the meeting. Mayor Pro Tem Clark moved, seconded by Mayor Stern, to waive the staff report. Without objection, Mayor Stern so ordered. Council and staff discussion ensued on the following topics: the wording and intent of the original motion and the use of an effective model for the Committees and Commissions, such as that used by the League of California Cities; the length of time and purpose of the temporary Committee/Commission hiatus; the initial draft of the Committee/Commission work plans by staff with review and input from the advisory bodies; and, if there would be time for the Finance Advisory Committee to be able to meet to discuss and review Budget related documents prior to the upcoming adoption of the Budget. City Council Minutes June 3, 2008 Page 10 of 13 Councilman Long moved, seconded by Mayor Pro Tem Clark, to receive and file the status report. The motion passed on the following roll call vote: AYES: Clark, Long, Wolowicz and Mayor Stern NOES: Gardiner RECESS AND RECONVENE: Mayor Stern called a brief recess from 11:25 P.M. to 11:31 P.M. Approval of the Minutes Councilman Gardiner moved, seconded by Councilman Long, to continue the approval of the minutes to the June 17, 2008 City Council meeting. Without objection, Mayor Stern so ordered. Border Issues Status Report Council and staff discussion included a confirmation of the June 24, 2008 City Council meeting at the City of Rolling Hills Estates where there will be a discussion regarding a proposed condominium development in the Peninsula Village area. Councilman Wolowicz moved, seconded by Councilman Long, to receive and file the current report on the status of border issues. Without objection, Mayor Stern so ordered. Tactical Plan for 2008 Council and staff discussion included the following topics: an appreciation for the amount of work that staff put into the Tactical Plan; articulation of the milestones; and, a request to split the vote on the item, to consider the Eastview School Boundary separately. Councilman Long moved, seconded by Councilman Wolowicz, to adopt the Tactical Plan for 2008, except for the Eastview School Boundary element which would be considered separately. Further Council and staff discussion included the incorporation of an educational component under the Emergency Preparedness Tactical Goal, with the addition of short public service announcements to be run on Channel 33; and, the addition of comments regarding the Eastview School Boundary milestones. City Council Minutes June 3, 2008 Page 11 of 13 Mayor Pro Tern Clark suggested changing the time line for the meeting regarding the Eastview issue with the new Assemblymember for the District, the Chair of the Board of the Palos Verdes Peninsula Unified School District, staff, and the Council liaisons to the end of November. Sunshine, Rancho Palos Verdes, stated that she would like to see an item regarding reconnecting a trail at Sunnyside Ridge Road as an element to one of the Tactical Goals. The motion to adopt the Tactical Plan for 2008, except for the Eastview School Boundary element, which would be considered separately, passed on the following roll call vote: AYES: Clark, Gardiner, Long, Wolowicz and Mayor Stern NOES: None Mayor Pro Tern Clark moved, seconded by Councilman Gardiner, to approve the Eastview School Boundary element of the Tactical Plan, as amended, with the date of milestone number one changed to July 30, 2008. The motion passed on the following roll call vote: AYES: Clark, Gardiner, Wolowicz, and Mayor Stern NOES: Long Review of Job Description City Clerk Morreale reported that there were two requests to speak on this item. Council and staff discussion focused on staffing needs, the recommendations of the Organizational Assessment Final Report, resources for staffing to attend to the needs of the City, and concerns with adding the position to the FY08-09 Budget. Sunshine, Rancho Palos Verdes, stated that she was in support of approving the job description and asserted that the duties should be expanded. Al Sattler, Rancho Palos Verdes, spoke in support of the item. Mayor Pro Tem Clark moved, seconded by Councilman Long, to approve the job description for the Open Space and Trails Manager in the Planning, Building and Code Enforcement Department. The motion passed on the following roll call vote: AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern NOES: None City Council Minutes June 3, 2008 Page 12 of 13 Mayor Pro Tem Clark moved, seconded by Councilman Long, to authorize staff to proceed with the recruitment to fill the position of Open Space and Trails Manager in the Planning, Building and Code Enforcement Department. The motion passed on the following roll call vote: AYES: Clark, Long, and Mayor Stern NOES: Gardiner and Wolowicz CITY COUNCIL ORAL REPORTS: Councilman Long moved, seconded by Mayor Stern, to defer City Council Oral Reports. Without objection, Mayor Stern so ordered. COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS: Mayor Pro Tern Clark suggested a future agenda item to discuss the implementation of an amnesty period for the approval of unpermitted work to be submitted for approval with the waiver of penalty fees. CLOSED SESSION REPORT: City Attorney Lynch reported that for both the City and Redevelopment Agency, unanimous direction was given to send two letters to Ms. Joannou, with all Council Members/Agency Members present. ADJOURNMENT: Mayor Stern adjourned the meeting at 12:08 A.M. Mayor Attest: &AL— ; // City Clerk W:\City Council Minutes\2008\20080603 CC MINS.doc City Council Minutes June 3, 2008 Page 13 of 13