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CC MINS 20120807MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING AUGUST 7, 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 7:08 P.M. City Council roll call was answered as follows: PRESENT: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich ABSENT: None Also present were 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; Ara Mihranian, Deputy Community Development Director; Jim Hendrickson, Interim Director of Public Works; Greg Pfost, Deputy Community Development Director; Amy Seeraty, Associate Planner; and, Teresa Takaoka, Deputy City Clerk. FLAG SALUTE: The Flag Salute was led by Jim Hendrickson. MAYOR'S ANNOUNCEMENTS: None. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Deputy City Clerk Takaoka reported that late correspondence regarding this item was distributed prior to the meeting. Mayor Misetich announced Recyclers of the Month from the July 17, 2012 City Council meeting: Donald Walz and Kathie Lopez. 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 valued at $60.00. APPROVAL OF THE AGENDA: Councilwoman Brooks suggested reordering Public Hearing Item No. 1 (Marymount College Facilities Expansion Project) and Item No. 2 (Appeal of the Planning City Council Minutes August 7, 2012 Page 1 of 10 Commission's Denial of an Application Request to Trim and /or Remove Foliage at 22 Narcissa Drive and 24 Narcissa Drive in Order to Restore the View from 25 Narcissa Drive), since Item No. 2 will likely be a shorter item. Councilwoman Brooks moved, seconded by Councilman Knight, to approve the agenda, as amended, noting that Item Nos. 1 and 2 would be heard in reverse order. Without objection, Mayor Misetich so ordered. PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda) None. CITY MANAGER REPORT: City Attorney Lynch reported on Council's direction to agendize a resolution stating the City's intent to continue to adhere to all provisions of the Brown Act that have been suspended by AB 1464 and SB 1006. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: Deputy City Clerk Takaoka reported that late correspondence regarding item D (Border Issues Status Report), was distributed prior to the meeting and there were no requests to speak. Council briefly discussed the LPG tanks issue which Councilwoman Brooks will be bringing forward as a future agenda item. Councilwoman Brooks moved, seconded by Councilman Duhovic, to approve the Consent Calendar, as presented. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: 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. City Council Minutes August 7, 2012 Page 2 of 10 Approval of Minutes Approved the Minutes of the July 17, 2012 Regular Meeting. Claim Against the City by Eileen P. Darroll Rejected the claim and directed staff to notify the claimant. Border Issues Received and filed the current report on the status of Border Issues. June 2012 Monthly Report of Cash Balances Received and filed the June 2012 Monthly Report of Cash Balances for the City of Rancho Palos Verdes. Notice of Completion for the Arterial Roads Rehabilitation Project, Palos Verdes Drive South, FY 2010 -2011 (supports 2012 City Council Goal for Public Infrastructure — Citywide Street Maintenance) Accepted the work as complete; authorized the City Clerk to file a Notice of Completion with the L.A. County Registrar- Recorder Office and if no claims are filed within 35 days after recordation, and upon the contractor posting an acceptable warranty bond, notice the surety company to exonerate the Payment and Performance bonds; and, authorized the Director of Public Works to release the 10% retention payment in the amount of $169,761.67 to Sequel Contractors, Inc. 35 days after recordation of the Notice of Completion by the L.A. County Recorder, contingent upon no claims being filed on the project, and the contractor posting an acceptable warranty bond. Register of Demands ADOPTED RESOLUTION NO. 2012 -547 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: Appeal of the Planning Commission's Denial of an Application Request to Trim and /or Remove Foliage at 22 Narcissa Drive (Gerrard Property) and 24 Narcissa Drive (Paulucci Property) in Order to Restore the View from 25 Narcissa Drive (Makhlouf Property) (View Restoration Permit 2011 - 00064) City Council Minutes August 7, 2012 Page 3 of 10 Deputy City Clerk Takaoka reported that notice of the public hearing was duly published, no written protests were received, late correspondence was distributed prior to the meeting, and there were three requests to speak on this item. Mayor Misetich declared the public hearing open. Community Development Director Rojas provided brief comments regarding this item and noted that two of the foliage owners involved in the application were not yet present, but were interested in providing their comments before a Council decision is made on the matter. Council discussion ensued between Council Members and staff regarding reordering the public hearing items. Councilwoman Brooks moved, seconded by Mayor Pro Tem Campbell, to reorder the public hearing items to first consider Item No. 3 (Revision "BBB" to the Trump National Golf Course Project). Without objection, Mayor Misetich so ordered. Revision "BBB" to the Trump National Golf Course Project Deputy City Clerk Takaoka reported that notice of the public hearing was duly published, written protests were received and distributed as part of late correspondence and there were six requests to speak on this item. Mayor Misetich declared the public hearing open. Councilman Duhovic recused himself from the hearing at 7:24 P.M. and left the dais. Deputy Community Development Director Pfost provided a brief staff report. Discussion ensued among Council Members and staff. Jill Martin, attorney for applicant VH Property Corporation, stated she was available to answer any questions from the Council. Councilman Knight inquired as to the entitlements changing from a driving range to homes possibly in the future; and, errant golf balls along the northern and western trails. Ms. Martin stated that at this time the immediate plan was to keep the area as a driving range; and, as for the errant golf balls she would ask that the residents alert staff at the golf club as soon as they notice any golf balls so staff could go out and investigate. She mentioned that she is working with the Coastal Commission to expedite the process to plant the recently approved trees along the outside edge of the driving range, and to City Council Minutes August 7, 2012 Page 4 of 10 also consider the installation of a fence to mitigate the issue. Councilman Knight asked the Trump Organization to provide six month written updates regarding the progress of the project. Ms. Martin stated they would be happy to provide the progress updates of the project. She also noted that General Manager Lili Amini welcomed any Council Member or community member to contact her to address any concern. Jim Bullard, Ladera Linda, spoke in support of the Trump National Golf Course Project. Tom DeLuca, spoke in support of Trump National and noted this business was one of which the community could be proud. Ted Shankle, spoke in support of Trump National and hoped the Council would support staff's recommendation. Ray Baker, stated he was in favor of extending the development agreement and felt this would help the organization to expand some of the projects and would help attract more of the community to the Trump National facility. Jim Sarner, stated his support for the project and noted he was very glad to see Council working with the Trump Organization. Discussion continued among the Council Members. Councilwoman Brooks moved, seconded by Councilman Knight to: 1) ADOPT RESOLUTION NO. 2012 -55, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ADOPTING ADDENDUM NO. 45 TO ENVIRONMENTAL IMPACT REPORT NO. 36; 2) ADOPT URGENCY ORDINANCE NO. 537U, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, APPROVING AMENDMENT NO. 14 TO THE TRUMP NATIONAL DEVELOPMENT AGREEMENT, AUTHORIZING AN EXTENSION TO THE DEVELOPMENT AGREEMENT TO SEPTEMBER 21, 20141 AND DECLARING THE URGENCY THEREOF; 3) Authorize the Mayor and the City Clerk to execute the documents on behalf of the City; 4) Extend Vesting Tentative Tract Map No. 50666 consistent with the term of the Development Agreement; and, 5) ADOPT RESOLUTION NO. 2012 -56, AS AMENDED, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING GRADING PERMIT NO. 1541 TO ALLOW AN EXTENSION TO THE OPERATION OF THE DRIVING RANGE TO SEPTEMBER 21, 2014. Mayor Misetich declared the public hearing closed. The motion passed on the following roll call vote: City Council Minutes August 7, 2012 Page 5 of 10 AYES: Brooks, Campbell, Knight, and Mayor Misetich NOES: None ABSENT: Duhovic (recused) ABSTAIN: None Councilman Duhovic returned to the dais at 7:39 P.M. Discussion ensued among Council Members and staff regarding the reordering of the agenda items and Mayor Misetich suggested taking up Item No. 4 (League of California Cities 2012 Annual Conference Resolutions) next. Without objection, Mayor Misetich so ordered. REGULAR NEW BUSINESS: League of California Cities 2012 Annual Conference Resolutions Deputy City Manager /Interim Director of Recreation and Parks Petru provided a brief staff report. Discussion ensued among Council Members. Councilwoman Brooks requested to be named the second alternate in the voting delegation and also requested that the staff recommendation be amended to read that the League support Resolution No. 3 and No. 4, instead of opposing them. Councilwoman Brooks moved, seconded by Mayor Misetich, to: 1) Authorize the City Council's Voting Delegate to support the adoption of League of California Cities General Assembly Resolution No. 1 (Fines and Forfeitures), No. 2 (Internet Crimes against Children), No. 3 (Desert Protection Act), No. 4 (Global Warming), and No. 5 (Emergency Management Mission for Cities). Mayor Misetich offered an amendment to the motion to appoint Councilwoman Brooks to serve as the second alternate delegate to the League of California Cities. Councilwoman Brooks, as the maker of the motion, accepted the amendment. The motion, as amended, was to: 1) Authorize the City Council's Voting Delegate to support the adoption of League of California Cities General Assembly Resolution No. (Fines and Forfeitures), No. 2 (Internet Crimes against Children), No. 3 (Desert Protection Act), No. 4 (Global Warming), and No. 5 (Emergency Management Mission for Cities); and, 2) Appoint Councilwoman Brooks to serve as the second alternate delegate to the League of California Cities. City Council Minutes August 7, 2012 Page 6 of 10 The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, and Mayor Misetich NOES: Knight ABSENT: None PUBLIC HEARINGS (continued): Appeal of the Planning Commission's Denial of an Application Request to Trim and /or Remove Foliage at 22 Narcissa Drive (Gerrard Property) and 24 Narcissa Drive (Paulucci Property) in Order to Restore the View from 25 Narcissa Drive (Makhlouf Property) (View Restoration Permit 2011 - 00064) Deputy City Clerk Takaoka reported that notice of the public hearing was duly published, no written protests were received, late correspondence was distributed prior to the meeting, and there were three requests to speak on this item. Mayor Misetich noted the public hearing was still open as that action was taken earlier in the meeting. Community Development Director Rojas stated that the appellant/applicant had requested a continuance date to September 18, 2012. Anabella Bonfa, the attorney for appellant Da'ad Makhlouf, requested a continuance to September 18, 2012 due to various reasons. Da'ad Makhlouf, the appellant/applicant, asked that the item be continued so she could have her surveyor provide additional details for her case. Corinne Gerrard, asked that the continuance be denied since all parties have had ample time to prepare a presentation for Council. Mark Paulucci, stated that he has gone through two remediation processes with staff and the appellant, and is requesting that the continuance be denied. Discussion ensued among Council Members and staff. Councilman Duhovic moved, seconded by Councilwoman Brooks, to continue the public hearing to September 18, 2012. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: None City Council Minutes August 7, 2012 Page 7 of 10 RECESS AND RECONVENE: Mayor Misetich called a brief recess from 8:10 P.M. to 8:19 P.M Marymount College Facilities Expansion Project — A Request to Extend the Time Periods for Completion of Phases 1 and 2 for an Additional Year (Case No. ZON2003- 00317)/30800 Palos Verdes Drive East Deputy City Clerk Takaoka reported that notice of the public hearing was duly published, no written protests were received, late correspondence was distributed prior to the meeting, and there were four requests to speak on this item. Mayor Misetich declared the public hearing open. Deputy Community Development Director Mihranian provided a brief staff report and PowerPoint presentation. Don Davis, attorney for Marymount College, briefly spoke on the College's expansion project and need for the temporary on- campus parking lot until the Council- approved permanent parking lot is built. Discussion ensued among Council Members, Mr. Davis and staff. Mark Wells, thanked staff and Council Members who considered tabling the matter to September 4, 2012. He suggested that since it appears as though the temporary parking lot would be very easy to construct, to grant the permits and then return and see where the College is at; then hold a hearing on September 4, 2012 for possible consideration of a time extension for Phase 1; and, table Phase 2 until the permanent lot is completed. Lois Karp, stated that she agrees with staff recommendation as the parking management strategies did not work last year. She would like to see the temporary parking lot in place before the commencement of school, on August 27, 2012, and would like to see it made larger. George Zugsmith, commented on the temporary parking lot; questioned why the cost for the temporary lot seemed to be considerably less than when the matter was brought up some time ago; and questioned the College's delay in seeking permits from other agencies for the permanent parking lot. Jim Gordon, supported statements made by the three previous speakers. He also spoke to the College's responsibility in securing other permits from outside agencies; and spoke to the deficiencies of the planned temporary parking lot, instead suggesting the use of the current tennis and basketball courts which could easily accommodate 90 City Council Minutes August 7, 2012 Page 8of10 vehicles. Discussion continued among Council Members and staff. Councilwoman Brooks moved, seconded by Councilman Knight, to: 1) Continue the public hearing for consideration of the College's one -year time extension request for Phases 1 and 2 to the September 4, 2012 Council meeting so the extension request can be considered after completion of a temporary parking lot that is needed to help alleviate student street parking; 2) Affirm the Director's determination that because the Parking Management Strategies employed by the College during the Fall 2011 /Spring 2012 school terms were not effective in reducing street parking, pursuant to Condition of Approval No. 158, direct the College to provide an operational on- campus temporary parking lot to accommodate a minimum of 90 parking spaces before commencement of the 2012 Fall term (August 27, 2012); and, 3) Affirm Staffs interpretation that because said parking lot is temporary in nature, minimal grading necessary to accommodate the temporary parking lot does not trigger the grading related Conditions of Approval associated with the College's 2010 approval. The motion passed on the following roll call vote: _1 AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: None FUTURE AGENDA ITEMS: Councilwoman Brooks added the following two topics for future agenda items: 1) Reconsideration of the Recycle Drawing; and, 2) the LPG Butane Storage Tanks. Mayor Pro Tern Campbell added the following two topics to the future agenda items: 1) In consideration of upcoming negotiations with the newly formed employee union, a summary report of part -time employee pay and benefits as compared to full -time employees; and, 2) Consideration of the street name change from Ocean Trails Drive to Trump National Drive. CITY COUNCIL ORAL REPORTS: Each Council Member reported on his /her attendance at various organization and association meetings since the last City Council Oral Reports were provided on July 3, 2012. Councilman Duhovic reported on a recent incident where he was approached at his home by an individual soliciting for monetary donations; he encouraged residents to contact the Sheriffs Department if they are suspicious of similar solicitations at their residences. City Council Minutes August 7, 2012 Page 9 of 10 CLOSED SESSION REPORT: City Attorney Lynch reported on the following Closed Session items: 1) With respect to the VH Property case, a report was provided, but no action was taken; 2) With respect to the Potential Litigation, no discussion occurred due to the lateness of the hour; and, 3) With respect to the Claim, a report was provided, but no action was taken. ADJOURNMENT: At 10:12 P.M., Mayor Misetich adjourned the meeting. Attest: City Clerk WACity Council Minutes\2012\20120807 CC MINS.doc City Council Minutes August 7, 2012 Page 10 of 10