CC MINS 20120417 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
APRIL 17, 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 7:01 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; Carol Lynch, City Attorney; Dennis
McLean, Director of Finance/Information Technology; Joel Rojas, Community
Development Director; Tom Odom, Director of Public Works; Ara Mihranian, Deputy
Community Development Director; and, Carla Morreale, City Clerk.
Also present was James Lancaster, City Geologist, Kling Consulting Group
FLAG SALUTE:
The Flag Salute was led by Councilman Duhovic.
MAYOR'S ANNOUNCEMENTS:
Mayor Misetich made the following announcements: 1) The City received notification
from FEMA that the City's claim regarding the 2005 Winter Storms has been accepted;
2) The upcoming Annual Donate Life Run/Walk will be held on April 28, 2012 at Cal
State University Fullerton; 3) The recent appointment of Councilwoman Brooks to the
League of California Cities' Policy Committee for Transportation, Communication and
Public Works; and, 4) The City's continuing partnership with the Santa Monica Bay
Restoration Commission and named the 9 restaurants in the City that have recently
been re-certified as part of the Clean Bay Restaurants Program.
RECYCLE DRAWING:
Mayor Misetich announced Recyclers of the Month from the April 3, 2012 City Council
meeting: Sam Aoki and Beatrice Geyer. 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.
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April 17, 2012
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APPROVAL OF THE AGENDA:
Councilwoman Brooks moved, seconded by Councilman Knight, to approve the agenda.
Mayor Misetich moved an amendment to the motion to move Item No. 3 (Appointment
of Finance Advisory Committee Member to Fill a Vacancy) up on the agenda to follow
immediately after the Consent Calendar.
The maker and seconder of the motion accepted the amendment.
Without objection, Mayor Misetich so ordered.
PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda)
Charles Ingraham, Board Member, Ridgegate East Homeowners Association (HOA),
Rancho Palos Verdes, stated that he understands the Council approved the
reinstatement of the Beautification Grant Program in January 2012, noting that he
looked forward to the continuance of the program.
Robert Justad, Vice President, California Wireless Association, Rancho Palos Verdes,
reported that last week was National Public Safety Telecommunicators Week and
recognized the key role of the dispatchers and first responders in the area of handling
emergencies.
CITY MANAGER REPORT:
City Manager Lehr provided a status update report regarding the extension of the
deadline for the Information Technology Consultant Request for Qualifications to May
14, 2012; and, provided an update report regarding staffs efforts to work towards
reducing energy consumption within the City's facilities and the desired goal to attain
Silver status recognition with Southern California Edison.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
Councilwoman Brooks moved to approve the Consent Calendar.
Mayor Misetich moved an amendment to remove Item J (Award Contract for 2012
Storm Drain Lining Project (Supports 2012 City Council Goal No. 4 - Public
Infrastructure) from the Consent Calendar to be heard at the end of Regular Business
items.
Councilwoman Brooks moved, seconded by Mayor Misetich, to approve the Consent
Calendar, as amended.
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April 17, 2012
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The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
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 March 14, 2012 Adjourned Regular Meeting; March 15,
2012 Adjourned Regular Meeting; and March 20, 2012 Regular Meeting.
Crossing Guard Services for 2012-2013 School Year: Amendment to Contract
with All City Management Services
Authorized the Mayor and the City Clerk to execute an amendment to the agreement
with All City Management Services, Inc. (ACMS), for an amount not to exceed $17,260
to provide crossing guard services at Miraleste Intermediate School and Silver Spur
Elementary School for the 2012-2013 School Year.
Award of Contract for Eastview Park Playground and Accessibility Improvements
Project (Supports 2012 City Council Goal No. 4 - Public Infrastructure)
1) Approved Plans and specifications for the subject project; 2) Awarded a construction
contract for Eastview Park Playground and Accessibility Improvements project to Z K
Construction in the amount not to exceed $200,798.70 for the base bid and authorized
staff to spend an additional 10% contingency in the amount of$20,079.87 for
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April 17, 2012
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unforeseen conditions for a total authorization of$220,878.57; and, 3) Authorized the
Mayor to execute the construction contract with Z K Construction.
Palos Verdes Peninsula Transit Authority Joint Powers Agreement— Revised
January 2012
1) Reaffirmed the approval of the Palos Verdes Peninsula Transit Authority Joint
Powers Agreement-Revised January 2012 that was originally approved by the City
Council on April 16, 1996; and, 2) Authorized the Mayor and City Clerk to execute the
Palos Verdes Peninsula Transit Authority Joint Powers Agreement-Revised January
2012 on behalf of the City of Rancho Palos Verdes.
2011 Annual Report on the Implementation of the Rancho Palos Verdes General
Plan (Supports 2012 City Council Goals and Priorities as identified under
Additional Information)
Directed Staff to forward the City's Annual Progress Report on the implementation of
the Rancho Palos Verdes General Plan in calendar year 2011 to the State Governor's
Office of Planning and Research and to the Department of Housing and Community
Development (HCD).
2011 Annual Report on the Implementation of the Rancho Palos Verdes Housing
Element
Directed Staff to forward the City's Annual Progress Report on the implementation of
the Rancho Palos Verdes Housing Element for the 2011 calendar year to the
Department of Housing and Community Development (HCD) and the State Office of
Planning and Research (OPR).
Register of Demands
ADOPTED RESOLUTION NO. 2012-29, 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.
Award Contract for 2012 Storm Drain Lining Project (Supports 2012 City Council
Goal No. 4 - Public Infrastructure)
This item was removed from the Consent Calendar for separate consideration.
Adoption of Ordinance No. 535— Code Amendment (Case No. ZON2012-00036) to
Amend Chapters 17.02, 17.04 and 17.96 to Regulate the Number of Residential
Garage Sales
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April 17, 2012
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ADOPTED ORDINANCE NO. 535, 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 (ZON2OI2-00036).
# # # # # #
REGULAR NEW BUSINESS:
Appointment of Finance Advisory Committee Member to Fill a Vacancy
City Clerk Morreale distributed ballots to the Council Members to select a resident, from
the twelve who expressed interest in the position, to fill the vacancy on the Finance
Advisory Committee (FAC).
After two rounds of balloting, the Council appointed John Stillo to fill the vacancy on the
FAC, said term of office until December 18, 2012.
PUBLIC HEARINGS:
Marymount College — Parking Lot Expansion Project (Minor Modification to
Planning Case No. ZON2003-00317) / 30800 Palos Verdes Drive East
City Clerk Morreale reported that notice of the public hearing was duly published, written
protests included in the staff report and late correspondence which was distributed prior
to the meeting, and there were nine requests to speak regarding this item.
Mayor Misetich declared the public hearing open.
Councilwoman Brooks disclosed the following: that she lives in the community
surrounding Marymount College, but outside of the 500 foot radius requiring recusal
from discussing the project; she voted on Marymount College project applications in the
past when she served on the Council and Planning Commission; is a member of the
Homeowners Association; in 1997 worked at Marymount College for a short while; and,
her daughter attended Marymount College.
Councilman Knight disclosed that he was on the Planning Commission that voted to
forward this item to the City Council.
Deputy Community Development Director Mihranian provided a detailed staff report and
PowerPoint presentation regarding the proposed Marymount College Parking Lot
Expansion Project.
Discussion ensued among Council Members, staff, and City Geologist Lancaster.
During the discussions the following Council Members briefly left and returned to the
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April 17, 2012
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dais at the following times: Councilman Knight left the dais at 8:01 P.M. and returned at
8:02 P.M.; Mayor Pro Tem Campbell left the dais at 8:07 P.M. and returned at 8:10
P.M.; Councilwoman Brooks left the dais at 8:16 P.M. and returned at 8:19 P.M.
RECESS AND RECONVENE:
Mayor Misetich called a brief recess from 8:22 P.M. to 8:27 P.M.
Donald Davis, Legal Counsel for Marymount College, Burke, Williams, Sorensen LLP,
stated that the minor modification to the site plan approved by the City Council in 2010
is to allow for an expansion to the parking lot. He noted that the reason for the minor
modification was to provide additional parking spaces as a required component of the
Marymount College Expansion Project. He commented on the following aspects
addressed in the Environmental Impact Report (EIR): existing drainage of the
unimproved field; the amount of grading; improved access to the campus; parking
controls; decreases in lighting and noise; and, compliance with the 85 Conditions of
Approval. He commented on the Parking Management Plan of Marymount College and
noted that this work should be completed by September 2012.
Discussion ensued between Council Members and the speaker.
Mark Wells, Rancho Palos Verdes, stated that he supports 463 parking spaces on the
Marymount College site and the Marymount College Facilities Expansion Plan, but
noted that the proposed changes are not part of Phase I.
Lois Karp, CCC/ME, Rancho Palos Verdes, stated that she had concerns regarding the
EIR, geology, hydrology; and engineering of the Detention Basin area. She opined that
the proposed parking plan is not a minor modification to the original parking plan of the
site which was adopted in 2010.
Jim Gordon, CCC/ME, Rancho Palos Verdes, stated that he has concerns regarding the
location of the drain line system, sewer system, detention basin, grading and
recompaction of the earth regarding the proposed changes.
Discussion continued among Council Members, staff, and City Attorney Lynch.
George Zugsmith, CCC/ME, Rancho Palos Verdes, stated that he agreed that the
proposed minor modification is not what was approved through the EIR. He noted that
the parking lot that was approved under the EIR had a reasonable egress plan. He
opined that the necessary geology and hydrology reports and construction cannot be
completed by the end of August 2012, noting that the public comment period did not
relate to the plan presented this evening.
Jack Karp, Rancho Palos Verdes, stated that for three years there has not been a
design for the detention basin, noting that drainage, easements, rights-of-way, and soils
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April 17, 2012
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reports have not been mentioned. He opined that the plan is half thought out and noted
that the College needs to abide by the agreement instead of making changes to the
approved plan.
Tom Redfield, CCC/ME, Rancho Palos Verdes, stated that he is concerned with
Marymount College getting involved with something that they cannot complete due to
financial constraints. He reminded that construction was to be completed in three
years, and noted concerns with changes to the eight years construction phasing limit.
He noted concern regarding CEQA and the need for the stabilization of the project and
future modifications and extensions that will be requested.
Mike DeNardo, Rancho Palos Verdes, stated that his property is adjacent to the
proposed parking lot, noting that this project is a major change to the overall plan. He
added that there are always last minute changes to the Marymount College plans,
noting concern with the additional parking spaces, lighting, access to the parking lot,
and construction grading and compaction of the earth.
Bob Nelson, Rancho Palos Verdes, stated that he was in favor of the proposed changes
by Marymount College for fifteen additional parking spaces. He referenced several
sections of the General Plan which he opined supports the Marymount College plan.
Donald Davis, Legal Counsel, Marymount College, in rebuttal stated that Marymount
College has an entitlement to build certain things and direction from Council regarding
this project to provide 463 parking spaces at the site. He noted that additional spaces
were not being added, but instead moved to another location. He added that the
College's intention is to begin and complete the modification to the parking as planned.
Discussion ensued between Council and staff.
Mayor Misetich declared the public hearing closed.
Mayor Misetich moved, seconded by Councilman Duhovic, to adopt the staff
recommendation to approve the proposed permanent Parking Lot Expansion Project
that provides 463 parking spaces on-campus, as a minor modification to the 2010
Council approved project.
Discussion continued between Council Members.
The motion passed on the following roll call vote:
AYES: Campbell, Duhovic, Knight, and Mayor Misetich
NOES: Brooks
ABSENT: None
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April 17, 2012
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General Plan Amendment, Zone Change, Height Variation Permit, Grading Permit
and Environmental Assessment, (Case No. ZON2010-00025) for a Property
Located at 10 Chaparral Lane (Supports 2012 City Council Goal— City Trail
Systems Enhancement)
City Clerk Morreale reported that notice of the public hearing was duly published and
there were no requests to speak regarding this item.
Mayor Misetich declared the public hearing open.
Mayor Misetich moved, seconded by Mayor Pro Tem Campbell, to continue the public
hearing on the proposed application package to June 5, 2012, to allow the applicant an
opportunity to address geotechnical issues raised by the City Geologist related to the
project's proposed septic system.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
Mayor Misetich moved, seconded by Councilwoman Brooks, to continue the meeting to
10:45 P.M., pursuant to the City Council Rules of Procedure.
Without objection, Mayor Misetich so ordered.
REGULAR NEW BUSINESS: (continued)
The Regulation of Door-to-Door Solicitation within the City of Rancho Palos
Verdes
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there were two requests to speak regarding this item.
City Attorney Lynch provided a brief staff report regarding this item.
Sgt. Bartlett, Lomita Station, Los Angeles County Sheriffs Department, encouraged
residents to become involved with their neighborhoods as one of the most effective
deterrents to crime. He concluded that the State Legislators and Supreme Court have
tended to favor the side of the distributors of materials, which makes it very difficult for
cities to establish regulations or Municipal Codes to curb this behavior.
Jeanne Lacombe, Rolling Hills Riviera HOA, Rancho Palos Verdes, stated that
solicitation is a problem in her neighborhood and noted that she objects to people
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April 17, 2012
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leaving business cards at her residence, and expressed concern regarding any possible
liability if solicitors trip and fall on her property.
George Zugsmith, Rancho Palos Verdes, stated that he is the Vice President of his
HOA and noted that there are many things residents and staff can do regarding
charities and solicitations. He referenced the California Business and Professions Code
and encouraged staff to research the requirements pertaining to charities and the topic
of solicitation. He suggested that staff check with the adjacent cities and the City of
Beverly Hills regarding the manner in which they regulate solicitation in their cities.
Tom Redfield, R & R Coalition, Rancho Palos Verdes, stated that he had concerns
regarding the conservative position of the City and encouraged a more aggressive or
proactive approach on this issue by researching action that other cities have taken.
John Maniatakis, Mira Catalina HOA, Rancho Palos Verdes, stated that he is
discouraged by the staff report and the inability of the City to establish regulations
regarding solicitation.
Discussion ensued among Council Members, staff and Sgt. Bartlett.
Councilwoman Brooks moved, seconded by Mayor Misetich, to receive and file the
report and direct Staff to continue to provide information to the City's residents about the
availability of the City's "do not disturb" signs via the City's newsletters and RPV Ch 33,
and that it is a misdemeanor for a person to disturb an individual who has posted such a
sign at his or her residence.
Councilman Knight offered an amendment to the motion to also provide information for
the residents on the City's website.
The maker and seconder of the motion accepted the amendment.
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:
Award Contract for 2012 Storm Drain Lining Project (Supports 2012 City Council
Goal No. 4 - Public Infrastructure)
City Clerk Morreale reported that Mayor Misetich requested that this item be removed
from the Consent Calendar for separate consideration.
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April 17, 2012
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At 10:46 P.M., Councilwoman Brooks left the dais and returned at 10:48 P.M.
Director of Public Works Odom provided a brief staff report regarding this item.
Mayor Misetich moved, seconded by Councilman Knight, to: 1) Approved the plans and
specifications for the 2012 Storm Drain Rehabilitation and Lining Project; and, 2)
Authorized the Mayor and City Clerk to execute a construction contract to Sancon
Engineering Inc. in the amount of$805,565, and authorize a construction contingency of
$200,000 ( -25%) for a total construction authorization of$1,005,565.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
FUTURE AGENDA ITEMS:
Councilman Duhovic stated that he would like the City Council to focus on placing the
items listed on the Council's Goals and Priorities for 2012 on the upcoming agendas.
Councilwoman Brooks stated that she would like the item regarding an Organizational
Efficiency Performance Audit placed on an upcoming agenda and noted she would
prepare a short item for the next agenda.
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 March
20, 2012. Mayor Pro Tem Campbell stated that he would submit his report in writing.
At 10:56 P.M., during City Council Oral Reports, Mayor Pro Tem Campbell left the dais
and returned at 10:59 P.M.
City Manager Lehr reported on a recent joint meeting between City staff and staff
members of Los Angeles Councilman Buscaino regarding improvements to the Western
Avenue Corridor.
CLOSED SESSION REPORT:
City Attorney Lynch reported that with respect to the threat of litigation against the City
made by Chuck Michel both in a Press Release and in a letter dated April 5, 2012, the
City Council discussed the threat of litigation and unanimously directed the City
Attorney's Office to write a letter to Mr. Michel giving permission to his clients to use the
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April 17, 2012
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City's video regarding the lights at Peninsula High School, subject to providing
additional information in that letter.
ADJOURNMENT:
At 11: 07 P.M., Mayor Misetich adjourned the meeting.
Mayor
Attest:
edir,e6L C-772
City Clerk
W:\City Council Minutes\2012\20120417 CC MINS.doc
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