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CC MINS 20120403 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING APRIL 3, 2012 The meeting was called to order at 6:00 P.M. by Mayor Misetich at Fred Hesse Community Park, 29301 Hawthorne Boulevard, and was immediately recessed into Closed Session. The meeting reconvened at 7:04 P.M. City Council roll call was answered as follows: PRESENT: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich ABSENT: None Also present were Carolyn Lehr, City Manager; Carolynn Petru, Deputy City Manager/ Interim Director of Recreation and Parks; David Snow, Assistant City Attorney; Dennis McLean, Director of Finance/Information Technology (IT); Joel Rojas, Community Development Director; Tom Odom, Director of Public Works; Kathryn Downs, Deputy Director of Finance/IT; Nicole Jules, Senior Engineer; Leza Mikhail, Associate Planner; Katie Howe, Administrative Analyst II; and, Carla Morreale, City Clerk. Also present were the following: Jewel Johnson, Park Ranger, Mountains Recreation and Conservation Authority (MRCA); Ruth Smith, Traffic Engineer, Willdan Engineering; Deputy Chris Knox, Los Angeles County Sheriffs Department, Lomita Station; and Paul Tetreault, Chair, Planning Commission. FLAG SALUTE: The Flag Salute was led by Mayor Pro Tem Campbell. MAYOR'S ANNOUNCEMENTS: Mayor Misetich announced the upcoming Shredding Day Event for residents to be held on Saturday, April 14, 2012 at City Hall, and the upcoming composting workshop to be held on Saturday, April 21, 2012 at Hesse Park. RECYCLE DRAWING: Mayor Misetich announced Recyclers of the Month from the March 20, 2012 City Council meeting: Clifton E. Wong and Linda Lee. 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. He noted that in addition to winning the Recycler Drawing, the two individuals had also won a Personal Emergency Preparedness Kit from the City Emergency Preparedness Division at a value of$59.95. City Council Minutes April 3, 2012 Page 1 of 16 APPROVAL OF THE AGENDA: Mayor Misetich suggested that Item 3 (Dog Beach Pilot Program at Rancho Palos Verdes Beach) and Item 4 (Adoption of Resolution Approving Certain Speed Surveys and Establishing Speed Limits in Accordance with Those Surveys on Palos Verdes Drive East) be moved up on the Agenda, with all other items to follow in sequential order. Mayor Misetich moved, seconded by Councilwoman Brooks, to approve the agenda, as amended. Without objection, Mayor Misetich so ordered. PUBLIC COMMENTS: Minas Yerelia, Rancho Palos Verdes, stated that he had concerns with Section 5 (Order and Preparation of Agenda) of the City Council's Rules of Procedure. He opined that the Mayor and/or Mayor Pro Tem should determine the items to be placed on the agenda and suggested revisions to the City Council's Rules of Procedure. He suggested that each Council Member submit to the City Manager a list of items to be placed on the agenda until the items are all considered. CITY MANAGER REPORT: City Manager Lehr reported on and provided a preview of the upcoming revised Home Page for the City's website. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: Councilman Duhovic requested that Item I (Outreach to Commissions/Committees Regarding Proposed Protocol) be removed from the Consent Calendar. Councilwoman Brooks moved, seconded by Mayor Misetich, to approve the Consent Calendar, with Item No. I (Outreach to Commissions/Committees Regarding Proposed Protocol) removed from the Consent Calendar. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: None City Council Minutes April 3, 2012 Page 2 of 16 EMERGENCY SEWER REPAIR PROJECT: Abalone Cove Sewer Pump Station Repairs Reviewed and reconfirmed by a four/fifths (4/5) vote, the City Council's previous action taken on February 21, 2012, authorizing staff to continue with the actions taken to perform emergency repairs to the Abalone Cove Sewer Pump Station located within the Abalone Cove Shoreline Park. OTHER CONSENT CALENDAR ITEMS: 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 February 21, 2012 Regular Meeting; March 6, 2012 Adjourned Regular Meeting (Interviews); and March 20, 2012 Adjourned Regular Meeting (Interviews). Border Issues Status Report Received and filed the current report on the status of Border Issues. February 2012 Monthly Report of Cash Balances Received and filed the February 2012 Monthly Report of Cash Balances for the City of Rancho Palos Verdes. Complimentary Ticket Policy for Tickets to Events Given to City Officials by the City ADOPTED RESOLUTION NO. 2012-23, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ADOPTING A COMPLIMENTARY TICKET POLICY PURSUANT TO THE REQUIREMENTS OF FAIR POLITICAL PRACTICES COMMISSION REGULATION 18944.1. Authorize Program Supplement Agreement and Resolution to Receive Federal Reimbursement for the Hawthorne Blvd. Traffic Signal Synchronization Project 1) Approved the Program Supplement Agreement No. N013 for the Hawthorne Blvd. Traffic Signal Synchronization Project; and, 2) ADOPTED RESOLUTION NO. 2012-24, City Council Minutes April 3, 2012 Page 3 of 16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. N013 FOR FEDERAL FUNDING OF THE HAWTHORNE BLVD. TRAFFIC SIGNAL SYNCHRONIZATION PROJECT. Register of Demands ADOPTED RESOLUTION NO. 2012-25, 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. Outreach to Commissions/Committees Regarding Proposed Protocol This item was removed from the Consent Calendar for separate consideration. Hawthorne Blvd. Pedestrian Safe Bus Stop Linkage Project -Award Professional Services Agreement Awarded a professional services contract to Terramar Consulting Engineers for a not-to- exceed amount of$177,670 for civil engineering and topographic services related to the Hawthorne Blvd. Pedestrian Safe Bus Stop Linkage Project and authorized the Mayor and City Clerk to execute the agreement. # # # # # # REGULAR NEW BUSINESS: Dog Beach Pilot Program at Rancho Palos Verdes Beach City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were 27 requests to speak regarding this item. Councilman Duhovic announced that he would be recusing himself from the discussion of this item on the recent advice of the City Attorney due to a potential conflict and presumption of a potential conflict due to the location of his residence. He left the dais at 7:19 P.M. Administrative Analyst Howe provided a staff report and PowerPoint presentation regarding the Dog Beach issue. Discussion ensued between Council Members and staff. Mayor Misetich provided general instructions to the audience and stated that due to the large number of requests to speak regarding this item, each speaker would be limited to two minutes. City Council Minutes April 3, 2012 Page 4 of 16 Steve Wolowicz, Rancho Palos Verdes, stated that he was in favor of staffs recommendation to rescind the prior approval of the Pilot Program for an off-leash dog beach, and added that Former Mayor Larry Clark notified him that he was of the same sentiment. He stated that the community has worked hard to increase the coastal accessibility for all and that the Council's and City's charge is to allow responsible beach accessibility to the public by all groups. He raised concerns regarding interests of a particular group in conflict with the public at large; encounters with aggressive animals; and issues related to health and the environment. Jeff Dorsett, Rancho Palos Verdes, stated that he strongly agrees with the staffs recommendation to rescind the Dog Beach Pilot Program. He cited the following concerns: the beach was an inappropriate location for a dog beach; parking issues on Ocean Trails Drive and future impacts on surrounding neighborhoods; impacts on the environment; and threats to the income bases of Trump National and Terranea Resort. Dana Dorsett, Rancho Palos Verdes, stated that she is in support of the staff recommendation to rescind the Dog Beach Pilot Program and opined that the beach is special and should be available for all user groups. She expressed concern with safety due to the presence of some aggressive breeds of dogs on the beach. Ken Dyda, Rancho Palos Verdes, stated that Founders Park is present to honor the Founders of the City. He noted that the Founders of the City followed the goals in the General Plan established in 1973 and that the General Plan. He stated that in 1978 an ordinance was adopted by the City prohibiting dogs on the beach and in 1998 that decision was reaffirmed. He urged the City Council to enforce the laws on its books. Lili Amini, General Manager, Trump National Golf Course, Rancho Palos Verdes, stated that Trump National is in support of trail users, but stated that the activity use of the site and beach has been impacted since the Council's action regarding the Dog Beach Pilot Program. She noted the impacts on the Trump National Golf Course business; concerns related to safety issues; increases in parking issues and dog feces bags left at Founders Park. Lucianna Molinari, Rancho Palos Verdes, stated that she believes the beach is being destroyed by the use of unleashed dogs. She noted the impacts to pristine tide pools in that area and encouraged the Council to be good stewards of the site. John Stevens, Rolling Hills Estates, stated that he is a dog owner, but neutral on this decision. He stated that he is in favor an area where dogs can be off-leash. He encouraged the Peninsula cities to work together to have an off-leash park in some location on the Peninsula. He commented on dog beaches and dog parks in Southern California and nearby cities. City Council Minutes April 3, 2012 Page 5 of 16 Doran Richart, Rancho Palos Verdes, stated that she has used the beach for approximately 6 years, noting that there were no problems with dogs on the beach over the years in conjunction with use by children and families. She opined that the recent problems may be due to the recent publicity about the availability of the beach and that the novelty of the beach will wear off. She noted that trash cans and restroom facilities should be added to the site. Bruce Megowan, Palos Verdes Estates, stated that he and his wife have been in strong support of the creation of a dog park on the Peninsula to allow for dogs to run and exercise off-leash. He encouraged the Council to fast track a process for finding a location for a dog park on the Peninsula due to the need for such a facility. Oliver Hazard, Rancho Palos Verdes, stated that he has used the beach for years and was in support of rescinding the Dog Beach Pilot Program. He commented on the difficulties regarding the placement of a fence at the beach due to the location of a drainage system. He noted that when he uses the beach he is confronted by dogs. Michael Barth, President, Portuguese Bend Lower Club Homeowners Association (HOA), Rancho Palos Verdes, stated that he was in strong support of the staff recommendation noting that the issue is the administration of a scarce and endangered resource in the beach. He noted if too many people and creatures use the beach it suffers. He noted concerns regarding impacts on the Portuguese Bend Club Beach property. He encouraged the Council to secure the beach and maintain the borders, so that neither Trump National Golf Course nor the Portuguese Bend Club suffers as a result of the use of the beach. Jon Bucci, Redondo Beach, stated that the Council should allow the Dog Beach Pilot Program a chance, noting that the two week period was not enough time to test the program. He encouraged the Council to allow the responsible owners of dogs to give this program the opportunity to work; suggested a small fee for the use of the beach; and suggested the use of a hold harmless liability clause on a membership form to allow the liability to be on the individual. He added that he visits Trump National on a weekly basis with his quiet Labrador by his side and opined the beach could increase Trump's business. Bryce Low-Wight, Rancho Palos Verdes, stated that he is in opposition to the dog beach and noted that there have been disrespectful visitors at the location. He commented on seeing dogs in tide pools, owners playing fetch with dogs in the tide pools, and people trespassing onto the Portuguese Bend Club property. Tom Redfield, Chair, R & R Coalition, Rancho Palos Verdes, stated that he took the time to network and gather feedback from residents regarding the dog beach. He stated that he shared 15 reasons why the beach should not be used as a dog beach, noting that the only solution was to have a restrictive process for residents' use only, which is not a viable option. City Council Minutes April 3, 2012 Page 6 of 16 Isabella Poulin, stated that she enjoys going to the beach with her dog, even more than visiting Disneyland. Hunter Poulin, stated that the beach should stay open so that dogs and people can enjoy the beach and suggested posting a sign regarding fines to those who do not pick up after their dogs. A.J. Poulin, stated that there are solutions that could be examined to resolve the problems which have been raised regarding the following topics: parking; restricted hours for dogs on the beach; environmental issues; fences and barriers; and, signage. Dave Schucker, Ranch Palos Verdes, stated that he has used the beach for 3% years with his dog, noting that he saw only five dogs at the site today, and although he took a bag with him to pick up after dogs, he found nothing to clean up. He opined that people should have the opportunity to get used to the rules and the dog beach should be given a chance to succeed. William Bernstein, Rancho Palos Verdes, stated that he lives near the location and noted that he seen very little increase in traffic since the change. He noted the beach is cleaner than before and added that very few dogs would want to be on the rocks in the tide pool area, where there are sharp rocks. He stated dogs would prefer to run on the sandy portions of the beach. He commented that visitors often approach him and want to play with his dog and the beach can be enjoyed by all. Carol Mueller, Rancho Palos Verdes, stated that she is in favor of the Council rescinding the Dog Beach Pilot Program. Michael Luerken, Rancho Palos Verdes, stated that he is in favor of the dog beach, notin g that when the beach was an unofficial dog beach there were no reported incidents to the Sheriffs Department. He stated that he has not seen aggressive dogs and that once the novelty wears off, the usage of the dog beach will go back to its normal rate. He added that dogs do not naturally defecate in tide pool areas. He stated that many people that are opposed to the dog beach belong to the Portuguese Bend Club and believe that the boundaries of their Club extend beyond the actual property line. Lia Oprea, Redondo Beach, stated that she has been using the beach for over 30 years with her dog. She stated that people will find other places to take their dogs via word of mouth and the media. She stated she was in favor of dog beach, noting the dog beach could work if the crowds were eliminated by closing the beach to dogs on weekends; mandating that dog owners must park in the La Rotunda parking lot; and posting signage regarding the program. She added that she was the dog advocate who organized the meet and greet and trash pickup event at the beach in early March 2012, and noted that ten people showed up for the event, four of whom brought dogs. She City Council Minutes April 3, 2012 Page 7 of 16 noted that one picture depicting a group of 20 people on the beach were from the Cabrillo Beach Marina Aquarium, who were doing a study on the tide pools. Amanda Griesbach, Water Quality Scientist, Heal the Bay, Santa Monica, encouraged the delay of the Dog Beach Pilot Program until environmental studies with water quality tests are taken. She reported that it was critical for the City to adopt monitoring locations to establish appropriate baselines of fecal bacteria before the City moves forward with a Dog Beach Pilot Program; the dog park must not be near the water's edge or near an area of endangered or threatened species; the dog park area must be clearly marked with fully enclosed fencing; and, rules must be enforced regarding dog feces and trash clean-up. She recommended postponement of the Dog Beach Pilot Program until the completion of a thorough environmental analysis. Debra Dykstra, Rancho Palos Verdes, stated that she hoped the Dog Beach Pilot Program could be retained and have a fair trial time period. She noted that she realized there was a potential for impact on the Trump National Golf Course and suggested restricted dog use hours as a compromise with use on Mondays through Fridays only, with no weekends, and no holidays to reduce impacts on the Trump National business. Lynn Doran, Portuguese Bend Upper Beach Club, Rancho Palos Verdes, provided letters from her HOA that a dog beach can be supported with some changes, such as appropriate rules and regulations. She opined that a dog beach would be a benefit to the residents, noting that responsible dog owners would like a beach for owners to interact with their dogs. John Sattler, Palos Verdes Estates, stated that he has used the dog beach location for years, noting that the beach is cleaner now than in the past with responsible dog owners present who are picking up after their dogs and cleaning up cigarette butts and other trash. He stated that he has not seen a parking problem or the beach overrun with dogs, but suggested limiting the dog access to during the week only; the limited issuance of a large colorful dog tag with an associated fee to help offset the maintenance of the beach. Forrest Wilkinson, Rancho Palos Verdes, stated that he is opposed to the use of the beach as a dog beach. He reported on the increased traffic through the Portuguese Bend Beach Club, with users of the beach utilizing the private property restrooms. Marc Fernandez, Rancho Palos Verdes, stated that he has used the beach for years and that the beach has been utilized by responsible dog owners and he has not noted problems. He stated that there has been an increase in the number of people, but the beach is cleaner than in the past. He noted he was in favor of the continued use of the beach and wanted the Dog Beach Pilot Program to be allowed a trial period. City Council Minutes April 3, 2012 Page 8 of 16 In response to a question from Council regarding enforcement of the City's ordinances in light of the staff recommendation to rescind the Dog Beach Pilot Program, Assistant City Attorney David Snow stated that enforcement would be status quo. City Manager Lehr added that the status quo is that the Council had requested enforcement up on the bluff top location near the Trump National property. Deputy City Manager clarified that the Park Rangers would continue to patrol on the Ocean Trail Preserve bluff top areas, but with Council direction could additionally issue citations for off-leash dogs on the trails and on the beach area. Jewel Johnson, Park Ranger, Mountains Recreation and Conservation Authority (MRCA), stated that the Park Rangers have spent patrol time along the City's 7% miles of coastline, including Abalone Cove and Sacred Cove. She reported that on clear sunny days there is much activity along the beaches and in the Reserve areas. She reiterated that issues regarding on-leash and off-leash dog areas are a big issue in open space land and on parklands. She reported that the best use of the Rangers would be on the bluff top areas for visibility, to educate the public, and to monitor the trails. Discussion continued between Council Members and staff. Councilwoman Brooks moved, seconded by Councilman Knight, to approve the staff recommendation to: 1) Rescind the February 21, 2012 action to establish a one-year off-leash Dog Beach Pilot Program at Rancho Palos Verdes Beach; and, 2) Modify the enforcement accordingly, as deemed necessary by staff and the MRCA park rangers. The motion passed on the following roll call vote: AYES: Brooks, Knight, and Mayor Misetich NOES: Campbell ABSENT: Duhovic (recused) RECESS AND RECONVENE: Mayor Misetich called a brief recess from 9:03 P.M. to 9:16 P.M. Councilman Duhovic returned to the dais after the recess. Adoption of Resolution Approving Certain Speed Surveys and Establishing Speed Limits in Accordance with Those Surveys on Palos Verdes Drive East (PVDE) City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were four requests to speak regarding this item. City Council Minutes April 3, 2012 Page 9 of 16 Senior Engineer Jules provided a brief staff report and PowerPoint presentation regarding this item. Ruth Smith, Traffic Engineer, Willdan Engineering, provided a report regarding the methodology, procedures and guidelines that were used to establish the PVDE speed zone surveys under the California Vehicle Code and California Manual on Uniform Traffic Control Devices. Discussion ensued between Council Members and staff. Tom Redfield, Rancho Palos Verdes, stated that he has respect for the California Vehicle Code and City's experts and understands the rules, but opined that the speeds reflected in the Speed Surveys are too high for safety reasons. David Lukac, Rancho Palos Verdes, stated that he encouraged the Council to reject the new traffic surveys and retain the old ones with the current speed limits. He commented on 24 major traffic accidents in a 12 month period on PVDE between Bronco Drive and Sunnyside Ridge due to speed; drivers on the wrong side of the road; and, alcohol consumption. He recommended retaining the current speed limits until the traffic calming features are installed on PVDE. Dina Din, Palos Verdes Peninsula, stated that the real issue along PVDE is regarding safety and traffic enforcement being focused on the unsafe drivers along that roadway. She commented on the speed traps that have resulted in upwards of 1000 citations a year along PVDE and noted that there were traffic citations being issued 10 days prior to the traffic surveys. She added that the courts have sided with the petitioners, providing a dismissal, in all of the cases presented. Madeline Ryan, Rancho Palos Verdes, stated that there were four reasons to reduce the speed by 5 miles per hour from the traffic survey including the following: the blind curves, traffic collision rates, pedestrian/bicycle safety, and equestrian safety. She recommended that improvements be made on PVDE and after those improvements the speeds should be evaluated. She added that the street is cluttered with signage along PVDE and encouraged better placement of signs for the benefit of pedestrians and equestrians. Joe Locascio, Chair, Traffic Safety Commission (TSC), stated that the TSC received the updated traffic surveys and was in favor of adopting them until testimony was heard from residents in the area who expressed concern regarding the speeds on PVDE. He concluded that the TSC was not in favor of adopting the new traffic surveys. Deputy Knox, Lomita Station, LA County Sheriffs Department, provided photographs of three accidents along PVDE and noted that the Sheriffs Department has no position regarding the speed limits, noting that determination was up to the City. City Council Minutes April 3, 2012 Page 10 of 16 Discussion ensued among Council Members, staff, and Traffic Engineer Smith. Councilwoman Brooks moved, seconded by Councilman Knight, to adopt the staff recommendation to: 1) Approve an increase of the existing 35/40 mph speed limit to a 40 mph speed limit on Palos Verdes Drive East from Palos Verdes Drive South to Ganado Drive; retain the existing 35 mph speed limit on Palos Verdes Drive East from Ganado Drive to Diamonte Lane; retain the existing 35 mph speed limit on Palos Verdes Drive East from Diamonte Lane to Miraleste Drive; increase the existing 30 mph speed limit to a 35 mph speed limit on Palos Verdes Drive East from Miraleste Drive to Bronco Drive; increase the existing 30 mph speed limit to a 35 mph speed limit on Palos Verdes Drive East from Bronco Drive to the City's northerly limit; and, 2) ADOPT RESOLUTION NO. 2012-26, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING CERTAIN SPEED SURVEYS AND ESTABLISHING SPEED LIMITS IN ACCORDANCE WITH THOSE SURVEYS ON PALOS VERDES DRIVE EAST. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: None RECESS AND RECONVENE: Mayor Misetich called a brief recess from 10:22 P.M. to 10:25 P.M. Pursuant to the Rules of Procedure, Mayor Misetich moved, seconded by Councilman Knight, to extend the meeting until 11:30 P.M. Without objection, Mayor Misetich so ordered. PUBLIC HEARINGS: Code Amendment (Case No. ZON2012-00036) to Amend Chapters 17.02, 17.04, and 17.96 to Regulate the Number of Residential Garage Sales City Clerk Morreale reported that notice of the public hearing was duly published; written protests included in the staff report; late correspondence distributed prior to the meeting; and there were no requests to speak regarding the item. Mayor Misetich declared the public hearing open. Community Development Director Rojas provided a brief staff report regarding this item. City Council Minutes April 3, 2012 Page 11 of 16 Planning Commission Chair Tetreault reported on the review of the matter by the Planning Commission and the final consensus, with a 4-1 vote, was that the recent garage sale situation was an isolated incident and that there was not a City-wide problem regarding garage sales to warrant a Code Amendment. Discussion ensued among Council Members, staff, and Assistant City Attorney Snow. As there were no requests to speak, Mayor Misetich declared the public hearing closed. Mayor Misetich moved to take no action at the present time. The motion died for a lack of a second. Councilman Knight moved, seconded by Councilman Duhovic, to adopt the staff recommendation to: 1) ADOPT RESOLUTION NO. 2012-27, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, THEREBY ADOPTING ADDENDUM NO. 4 TO THE NEGATIVE DECLARATION FOR ORDINANCE NO. 510; and, 2) INTRODUCE ORDINANCE NO. 535, AS AMENDED, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, ADOPTING AMENDMENTS TO TITLE 17 (DEVELOPMENT CODE) OF THE CITY'S MUNICIPAL CODE TO RESTRICT THE NUMBER OF GARAGE SALES ON A RESIDENTIAL PROPERTY (Z0N2012-00036), with modifications to Section 17.02.020 L. and Section 17.04.020 H of the ordinance to read the following: "Garage sales, provided that no more than four sales, each occurring on one calendar day, are held on the same property within a calendar year and that the merchandise for sale, with the exception of neighbors combining items for sale at one property, is the personal property of the resident of the property where the sale is being conducted and is not acquired or consigned for the purpose of resale." Assistant City Attorney Snow stated that there was a correction of a typographical error necessary in the ordinance language. He noted that in Section 4, the reference to "Single Family" Residential Districts should be changed to "Multi Family" Residential Districts. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: None Code Amendment to Allow Ancillary Residential Use within the Commercial Neighborhood (CN) Zoning Districts through Discretionary Review of a Conditional Use Permit (Supports 2012 City Council Goal to Support Local Businesses) City Council Minutes April 3, 2012 Page 12 of 16 City Clerk Morreale reported that notice of the public hearing was duly published; written protests included in the staff report and late correspondence distributed prior to the meeting; and there were four requests to speak regarding the item. Councilman Duhovic announced that he would be recusing himself from the discussion of the item due to a conflict of interest. He left the dais at 10:46 P.M. Mayor Misetich declared the public hearing open. Community Development Director Rojas provided a brief staff report regarding this item. Planning Commission Chair Tetreault reported that the Planning Commission decided against the approval of the proposed Code Amendment, with a vote of 5-0, due to concerns regarding the program applying to all commercial districts in the City as well as in the Golden Cove Center. He noted that the Planning Commission cited challenges regarding ancillary uses at the Golden Cove Center including the following issues: circulation; noise; activities common to a commercial center including vibration, parking, and health and safety issues. Discussion ensued among Council Members, staff, and Assistant City Attorney Snow. Ken Dyda, Rancho Palos Verdes, opined that this Code Amendment to allow for an ancillary residential use in a commercial zone is a back door approach to trying to change the zoning without doing so, and suggested that the next request could be for an ancillary use in a residential zone. He added that if the City wants to consider mixed-use zoning, it should be done properly with an official zone change. Bob Nelson, Rancho Palos Verdes, encouraged the Council to support the Planning Commission's position on this matter. He noted that the previous Council decided that there should be a code amendment to consider an ancillary residential use for the Golden Cove Center, which the Planning Commission unanimously rejected. Michelle Boyar, Golden Cove Center, LLC, Rancho Palos Verdes, requested that the City Council either continue or approve the application to allow a policy for ancillary use of living quarters at Golden Cove Center. She stated that the developers would like to use units comprising 4000 square feet of the second floor as live/work one bedroom or studio units for Golden Cove tenants only. Scott Strong, Eastview Townhouse Owners Association, Rancho Palos Verdes, stated that the Eastview Townhouse Owners Association along Western Avenue received the survey and raised concerns regarding the impact of the proposal on the residential area of the Association. Community Development Director Rojas explained that the Eastview Townhouse Owners Association property was sent a survey since they are a non-conforming City Council Minutes April 3, 2012 Page 13 of 16 residential use located in a commercial area; however, he noted that this Code Amendment, if approved, would only affect the Golden Cove Center commercial properties. Mayor Misetich declared the public hearing closed. Mayor Misetich moved, seconded by Mayor Pro Tem Campbell, to adopt the Planning Commission's recommendation to not adopt an Ordinance that allows ancillary residential units in commercially zoned properties. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Knight, and Mayor Misetich NOES: None ABSENT: Duhovic (recused) RECESS AND RECONVENE: Mayor Misetich called a brief recess from 11:21 P.M. to 11:24 P.M. Councilman Duhovic returned to the dais at 11:24 P.M. Cooperative Agreement with Successor Agency to Redevelopment Agency Deputy Director of Finance/IT Downs provided a brief staff report regarding this item. Mayor Misetich moved, seconded by Councilman Knight, to: ADOPT RESOLUTION NO. 2012-28, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING THE EXECUTION OF A COOPERATIVE AGREEMENT FOR ADVANCE AND REIMBURSEMENT OF ADMINISTRATIVE, OVERHEAD, AND OTHER EXPENSES BY AND BETWEEN THE CITY AND THE SUCCESSOR AGENCY. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: None ITEM REMOVED FROM THE CONSENT CALENDAR: Outreach to Commissions/Committees Regarding Proposed Protocol City Clerk Morreale reported that Councilman Duhovic requested that this item be removed from the Consent Calendar. City Council Minutes April 3, 2012 Page 14 of 16 Councilman Duhovic stated that he would like to have the City Council Rules of Procedure as well as the City Council and Commission/Committee Protocol taken to the City's Advisory Boards for feedback from the Commission/Committee Members in order to encourage citizen involvement. Discussion ensued between Council Members and staff. Councilman Duhovic moved, seconded by Councilwoman Brooks, to authorize the Council Rules and Protocol Ad Hoc Subcommittee to conduct outreach to the City's Advisory Boards to introduce and receive feedback on the proposed City Council and Commission/Committee Protocol and the City Council Rules of Procedure. Mayor Pro Tem Campbell moved an amendment to allow a majority or quorum of the Council to attend the Commission/Committee meetings at which the Ad Hoc Subcommittee would be presenting, for discussion and feedback, the proposed City Council and Commission/Committee Protocol and the City Council Rules of Procedure. The amendment died for a lack of a second. Councilwoman Brooks moved, seconded by Mayor Misetich, to call for the question. The motion to call for the question passed on the following roll call vote: AYES: Brooks, Duhovic, Knight, and Mayor Misetich NOES: Campbell ABSENT: None The roll call vote on the main motion passed of the following roll call vote: AYES: Brooks, Duhovic, Knight, and Mayor Misetich NOES: Campbell ABSENT: None FUTURE AGENDA ITEMS: The following items were identified as future agenda items: 1) Mayor Misetich requested staff to contact the Sheriffs Department regarding the cost of reinstating the Sheriff Department's Bike Patrol Program on Western Avenue. City Manager Lehr stated that this item could be addressed in conjunction with the upcoming budget and/or the upcoming Sheriff's contract. 2) Councilwoman Brooks requested staff to bring forth an item pertaining to restrictions regarding skateboarding on City streets. City Manager Lehr stated that this item is currently being researched and worked on by the City Attorney and Public Works staff. 3) Councilman Duhovic requested that an item regarding the Lessons Learned regarding the Annenberg Project and Pt. Vicente Interpretive Center improvements be placed on a future agenda. City Manager Lehr City Council Minutes April 3, 2012 Page 15 of 16 stated that the City Attorney and Community Development Department staff had begun discussions regarding this topic. CITY COUNCIL ORAL REPORTS: Council Oral reports were deferred to the next meeting due to the late hour of the meeting. CLOSED SESSION REPORT: Assistant City Attorney Snow reported that with respect to the item regarding the threat of litigation from a Press Release from Chuck Michel pertaining to the Palos Verdes Peninsula High School football field lighting issue, the Council discussed the item and took no reportable action. ADJOURNMENT: At 12:03 A.M. on April 4, 2012, Mayor Misetich adjourned the meeting to Tuesday, April 17, 2012 at 6:00 P.M. at Hesse Park for an Adjourned Regular Meeting to interview a new applicant for the vacancy on the Finance Advisory Committee to be held at Fred Hesse Community Park, Fireside Room. .00,41 .. M. or Attest: 6, pLic_eazt City Clerk W:lCity Council M.+'nutes\2012\20120403 CC MINS.doc City Council Minutes April 3, 2012 Page 16 of 16