CC MINS 20120904MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
SEPTEMBER 4, 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 7:03 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; Jim Hendrickson, Interim
Director of Public Works; Ara Mihranian, Deputy Community Development Director;
Greg Pfost, Deputy Community Development Director; Ron Dragoo, Senior Engineer;
and, Carla Morreale, City Clerk.
FLAG SALUTE:
The Flag Salute was led by Interim Public Works Director Hendrickson.
MAYOR'S ANNOUNCEMENTS:
None.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
Mayor Misetich announced Recyclers of the Month from the August 21, 2012 City
Council meeting: Byron G. Nelson and Aoz Kuo -Tsai. 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 moved, seconded by Councilman Knight, to approve the
amended agenda.
Without objection, Mayor Misetich so ordered.
City Council Minutes
September 4, 2012
Page 1 of 11
PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda)
Efrain Ramirez, Vice - President and General Manager, EDCO, Rancho Palos Verdes,
announced an upcoming document shredding event on October 20, 2012 from 9:00
a.m. to 12:00 noon to be held at City Hall in the City's Maintenance Yard. He noted that
residents could also bring electronic a -waste to that event, and there would be free
mulch available to be bagged by residents. He provided additional information
regarding the following: upcoming brush clearance events; cart information; bulky item
pick -ups; excess trash pick -ups; curbside collection for motor oil and filters; and, contact
information for EDCO.
Sharon Yarber, Rancho Palos Verdes, requested that the Equestrian Committee be
reinstated.
CITY MANAGER REPORT:
None.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding Item I (Budget Appropriation in Conjunction with the Proposed
Acquisition of Open Space) and that there was one request to speak regarding that
item.
Councilwoman Brooks moved, seconded by Councilman Duhovic, to approve the
Consent Calendar, with Item I (Budget Appropriation in Conjunction with the Proposed
Acquisition of Open Space) removed from the Consent Calendar and to be heard
immediately after the Consent Calendar.
Councilman Duhovic noted that with the approval of the Consent Calendar the Mayor
would be designated as the City representative to the White Point Landslide Advisory
Committee. He inquired as to the protocol for making appointments to outside
committees and associations. Council discussion ensued regarding that topic.
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
City Council Minutes
September 4, 2012
Page 2 of 11
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
Approved the Minutes of the August 7, 2012 Regular Meeting.
Award a Contract for GPS Monitoring in the Landslide Area
1) Awarded a contract to McGee Surveying Consulting in the amount of $50,585 to
perform a GPS survey of all existing points within the Portuguese Bend /Abalone
Cove /Klondike Canyon Landslide areas and to prepare the associated report; and,
2) Authorized the expenditure of $50,585 for the required survey and associated report;
and authorized the expenditure of up to $5,100 as a project contingency in the event
additional work is identified during the field surveys and is determined to be required by
the Director of Public Works.
Consider Adoption of Fair Political Practices Commission Form 806 (Supports
2012 Council Goal Regarding Governmental Transparency)
Adopted Fair Political Practices Commission (FPPC) Form 806, which contains
information regarding appointments of Council Members to outside committees, boards,
and associations for which compensation is paid; and directed the City Clerk to update
the document as necessary and post it on the City's website as mandated by the FPPC
regulation.
July 2012 Monthly Report of Cash Balances
Received and filed the July 2012 Monthly Report of Cash Balances for the City of
Rancho Palos Verdes.
Proposition A Exchange and Gift of Other Restricted Money from the City of
Rolling Hills
1) Approved the Proposition A assignment agreement; 2) ADOPTED RESOLUTION
NO. 2012 -621 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, AMENDING RESOLUTION 2012 -43, THE BUDGET
APPROPRIATION FOR FY12 -13, TO ADJUST THE BUDGET IN THE CITY'S
GENERAL FUND AND BIKEWAYS FUND; and, 3) ADOPTED RESOLUTION NO.
2012 -63, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, CALIFORNIA, ACCEPTING FROM THE CITY OF ROLLING HILLS,
CALIFORNIA, ITS AVAILABLE TRANSPORTATION DEVELOPMENT ACT ARTICLE 3
FUNDS.
City Council Minutes
September 4, 2012
Page 3 of 11
Designation of City Representative to White Point Landslide Advisory Committee
Designated Mayor Anthony Misetich as the City of Rancho Palos Verdes' official
representative on the White Point Landslide Advisory Committee.
Notice of Completion for the Vista Grande CDBG ADA Compliant Project
(Supports 2012 City Council Goal #4, Public Infrastructure — Citywide Street
Maintenance)
1) Accepted the work as complete; 2) 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 bond; and,
3) Authorized the Director of Public Works to release the 5% retention payment in the
amount of $1,740.40 to Mora's Equipment & Construction 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.
Budget Appropriation in Conjunction with the Proposed Acquisition of Open
Space
This item was removed from the Consent Calendar for separate consideration.
Biennial Update of the City's Conflict of Interest Code
1) Received and filed the 2012 Local Agency Biennial Notice for the City of Rancho Palos
Verdes and the Rancho Palos Verdes Improvement Authority indicating that the Conflict of
Interest Code for these agencies need to be amended; and, 2) ADOPTED RESOLUTION
NO. 2012 -647 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, ADOPTING A CONFLICT OF INTEREST CODE WHICH
INCORPORATES BY REFERENCE THE STANDARD CONFLICT OF INTEREST CODE
PREPARED BY THE FAIR POLITICAL PRACTICES COMMISSION AND REPEALING
RESOLUTION NO. 2010 -71.
Register of Demands
ADOPTED RESOLUTION NO. 2012 -65, 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.
ITEM REMOVED FROM THE CONSENT CALENDAR:
City Council Minutes
September 4, 2012
Page 4 of 11
Budget Appropriation in Conjunction with the Proposed Acquisition of Open
Space
Community Development Director Rojas provided a brief staff report regarding this item.
Sharon Yarber, Rancho Palos Verdes, opined that every level of government should be
fiscally prudent and added that if the funds from the State do not need to be spent for
the two properties under discussion, they should not be spent. She noted the land was
not developable and the maintenance costs of this land should be considered and
factored in to the decision.
Discussion ensued among Council Members and staff.
Councilwoman Brooks moved, seconded by Councilman Knight, to: 1) Direct Staff to
continue to work, in conjunction with the Palos Verdes Peninsula Land Conservancy
(PVPLC), with the U.S. Fish and Wildlife Service and State Wildlife Conservation Board
on the possible acquisition of open space in Malaga Canyon and Windport Canyon for
preservation purposes; and, 2) ADOPT RESOLUTION NO. 2012 -66, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING
A BUDGET APPROPRIATION TO ADD $38,000 TO THE COMMUNITY
DEVELOPMENT DEPARTMENT'S BUDGET TO FUND CERTAIN DUE DILIGENCE
TASKS IN ASSOCIATION WITH THE PROPOSED ACQUISITION.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
PUBLIC HEARING:
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 [Continued from August 7, 2012]
City Clerk Morreale reported that this public hearing was continued from August 7,
2012, late correspondence was distributed prior to the meeting and there were five
requests to speak regarding this item.
Deputy Community Development Director Mihranian provided a detailed staff report and
PowerPoint presentation regarding the Marymount College Facilities Expansion Project
and the requested time extension.
Mark Wells, Rancho Palos Verdes, stated that he was in favor of the staff
recommendation to extend the Phase 1 deadline to December 18, 2012 with the
City Council Minutes
September 4, 2012
Page 5 of 11
addition of the incentive that until 120 permanent parking spaces are constructed and
the temporary parking spaces removed, no study or staff report requesting an increase
in student enrollment on the Rancho Palos Verdes campus should be entertained. He
noted this stipulation should extend to the completion of Phase 1.
Lois Karp, Rancho Palos Verdes, stated that her recent letter provided to Council
outlines the inconsistencies in the timelines and proposed extensions of Phase 1 of the
project. She noted that the City should inquire if Marymount College is not planning to
construct on the Rancho Palos Verdes campus all of the improvements that were
originally proposed since some of those aspects have been constructed on their other
campuses. She noted that there would be the need for a revised Conditional Use
Permit and Environmental Impact Report (EIR) if there are modifications to the
construction of the project.
Jim Gordon, CCC /ME, Rancho Palos Verdes, commended the College on the recent
work as a result of the construction of the Temporary Parking lot, noting that the on-
street parking is now virtually zero. He stated that he supported the staff
recommendation, but commented that the construction of the permanent parking lot will
use most of the remaining construction time for Phase 1. He noted the construction
outlined in Phase 1 is not possible due to the numerous improvements as outlined on
the list.
Jack Karp, Rancho Palos Verdes, urged the City Council to review the information and
plans of the Marymount College Expansion Project before approving anything more. He
noted that the City Council certified EIR and the Negative Declaration for San Pedro
covers the same facilities as those that were to be built in Rancho Palos Verdes.
George Zug smith, CCC /ME, Rancho Palos Verdes, stated that he was not in agreement
with the staff report regarding the extension to the project for reasons based on financial
constraints. He opined that Marymount College chose to use funding for the project on
the expense of Measure P; expenditures at Palos Verdes Drive North; and,
expenditures in San Pedro. He further opined that the College does not want to deal
with the issues associated with the permanent parking lot including drainage and sheer
wall, and questioned the cost of staff time for this project over the years.
Dr. Michael Brophy, President, Marymount College, provided a brief overview and
PowerPoint presentation regarding Marymount Colleges' accomplishments, growth,
and improvements at the following locations: 1) instructional space at the Marymount
College Waterfront Campus in San Pedro; 2) residential facilities in the Burns Quad at
the Palos Verdes Drive North Campus; 3) Marymount College's Pacific View apartment
building located at 24th Street and Cabrillo Avenue in San Pedro; and, 4) utility project
infrastructure improvements and temporary parking lot at the Marymount College
Rancho Palos Verdes Campus. He added that the construction of the temporary
parking lot which has reduced the street parking to just one or two cars. He discussed
the following future construction projects to be performed as part of Phase 1 of the
City Council Minutes
September 4, 2012
Page 6 of 11
expansion project: 1) Utilities to be completed in September; 2) Permanent parking lot
built by Christmas, pending Army Corps of Engineers approval; and, 3) Athletic Field
Project with the elimination of the tennis courts completed by June 1, 2013. He noted
that there will be total use of the campus in Fall 2012, with nearly full daytime
enrollments of 790 and nearly full evening enrollments of 146, and many uses by
community members and groups.
Discussion ensued among Council Members, Dr. Brophy and staff.
The Public Hearing was held on this matter and at the conclusion of the public hearing
the following motions were made.
Councilwoman Brooks stated that she was in favor of the staff recommendation but
suggested an amendment to direct staff to continue to closely monitor the progress of
the Army Corps of Engineers' permit related to the construction of the permanent
parking lot.
Councilman Knight stated that he would like the phrase "at the discretion of the Council"
added to Recommendation No. 2 so that it would read: "Extend the planning
.entitlements and the construction completion deadline for Phase 1 of the Marymount
College Facilities Expansion Project from September 30, 2012 to December 18, 2012,
without prejudice to granting a further extension, at the discretion of the Council, up to
September 30, 2013."
City Attorney Lynch noted that on page 1 -29 there was a typographical error in the legal
description, and it should be correctly called out as Lot No. 94 of Map No. 51.
Councilwoman Brooks moved, seconded by Councilman Knight, to approve the staff
recommendation, as amended, to: 1) Receive and file a status update on the
construction of the temporary and permanent parking lots on the College's campus;
2) Extend the planning entitlements and the construction completion deadline for Phase
1 of the Marymount College Facilities Expansion Project from September 30, 2012 to
December 18, 2012, without prejudice to granting a further extension, at the discretion
of the Council, up to September 30, 2013; 3) Deny, without prejudice, the College's one -
year time extension request to extend the planning entitlements and the construction
completion deadline for Phase 2 from June 1, 2015 to June 1, 2016; 4) Authorize City
Staff to execute a restricted use covenant pursuant to Condition No. 79 of Resolution
No. 2010 -42 that restricts certain improvements within the designated Building Geologic
Setback Area; and, 5) Direct staff continue to closely monitor the progress of the Army
Corps of Engineers' permit related to the construction of the permanent parking lot with
a report back to Council regarding the status.
The motion. passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
City Council Minutes
September 4, 2012
Page 7 of 11
NOES: None
ABSENT: None
RECESS AND RECONVENE:
Mayor Misetich called a brief recess from 8:45 P.M. to 8:57 P.M.
REGULAR NEW BUSINESS:
Mayor Misetich suggested that Item 3 (Renaming Ocean Trails Drive as Trump National
Drive) be brought forward to be heard first since there are five requests to speak
regarding that item, and there is only one request to speak regarding Item 2 (Finance
Advisory Committee 2012 -13 Work Plan).
Without objection, Mayor Misetich so ordered.
Renaming Ocean Trails Drive as Trump National Drive
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there were five requests to speak regarding this item.
Mayor Pro Tern Campbell provided a brief report regarding this item.
City Attorney Lynch noted that if Council concurs with the recommendation to rename
the street, the Council would adopt the resolution attached to the staff report.
Jill Martin, Attorney, Trump National Golf Club, stated it is important and fitting to the
Trump National Golf Course and Mr. Trump that the street be renamed to match the
name of the business. She noted that the prior golf course was named Ocean Trails
and that was the reason the street had been named Ocean Trails Drive.
Sharon Yarber, Rancho Palos Verdes, spoke in support of the renaming the street from
Ocean Trails Drive to Trump National Drive since that is the name of the golf course.
Eileen Hupp, Palos Verdes Peninsula Chamber of Commerce, stated that she was
speaking in support of renaming the street in support of the Trump organization. She
commented on the continuing support of the Trump organization to the local community,
charities, and non - profits on the Peninsula. She concluded that the renaming of the
street was important to the branding of the business.
Ernest Becker, stated that he was present to speak in support of the name change of
the street from Ocean Trails Drive to Trump National Drive for the reasons mentioned
by others, noting the importance of the branding for the business.
City Council Minutes
September 4, 2012
Page 8 of 11
Theodore Alston, Rancho Palos Verdes, stated that he lived in the neighborhood of the
Trump National Golf Club and spoke in favor of the renaming of the street from Ocean
Trails Drive to Trump National Drive.
Councilwoman Brooks moved, seconded by Mayor Pro Tern Campbell, to approve the
recommendation to: ADOPT RESOLUTION NO. 2012 -671 A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, RENAMING OCEAN
TRAILS DRIVE AS TRUMP NATIONAL DRIVE.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, and Mayor Misetich
NOES: Knight
ABSENT: None
Finance Advisory Committee (FAC) 2012 -13 Work Plan
Director of Finance /IT McLean provided a brief staff report and PowerPoint presentation
regarding this item.
Discussion ensued among Council Members and staff.
Sharon Yarber, Rancho Palos Verdes, stated that the Council should get rid of
superfluous items and spoke in support of the Finance Advisory Committee members
providing comments and opinions regarding revenue generation, improving the
efficiency of the use of revenue and staff, and the creating a report on the financial
condition of the City.
Councilman Duhovic moved, seconded by Mayor Misetich, to accept the Summary of
Specific 2012 -13 Assignments for the FAC, with the elimination of Item No. 6 (Review
and comment on either the draft or final 2012 Performance Audit Report) and Item No. 7
(If the City Council elects to direct the Committee to review a proposed Citywide Sewer
User Fee, review and provide comments and recommendations regarding development
and adoption of the proposed Fee), with the preferred language as suggested by the
FAC.
Mayor Misetich reiterated Item No. 3 to read as modified by the FAC: "Prepare a short
statement regarding the City's fiscal health to be addressed to the City Council, and
provide feedback and suggestions for a presentation and pamphlet to be prepared by
Staff regarding the City's fiscal health to be delivered at local community meetings."
And he reiterated Item No. 4 to read the following: "Analyze various methods of
generating revenues for the City, efficiency improvements and expenditure reductions."
Councilman Knight offered an amendment that in Item No. 8 the words "ad hoc" be
replaced with "as needed."
City Council Minutes
September 4, 2012
Page 9 of 11
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
Councilman Knight moved, seconded by Councilwoman Brooks, that a reminder letter
be drafted to clarify Council's direction pursuant to Rules of Procedures Section 9.2.3 as
stated: "The City Council shall provide specific direction to each commission or
committee as to what tasks or projects the City Council desires the commission or
committee to accomplish in the form of an annual work plan that is approved by the City
Council." In addition, the following sentence was directed to be added to the letter: "All
appointees to the Committee should act at the direction of the whole or the majority of
the City Council and not upon the request or direction of an individual member of the
Council."
City Attorney Lynch suggested that since the FAC Work Plan was the item before the
Council for consideration, the letter should be prepared initially for the FAC, and brought
back to the Council for review, approval, and then further direction.
The maker and seconder of the motion accepted City Attorney Lynch's suggestion for
clarification to the motion, noting that the City Attorney would be directed to draft the
letter.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
City Council Meeting Schedule
Mayor Misetich suggested waiving the staff report regarding this item.
Without objection, Mayor Misetich so ordered.
Pursuant to the Rules of Procedure, Mayor Misetich moved, seconded by
Councilwoman Brooks, to continue the meeting to 10:45 P.M.
Without objection, Mayor Misetich so ordered.
Councilwoman Brooks moved, seconded by Mayor Misetich, to: 1) Reschedule the
November 6, 2012 Council Meeting to the next evening, Wednesday, November 7,
City Council Minutes
September 4, 2012
Page 10 of 11
2012, due to the Presidential Election; and, 2) Schedule a Council Training
Workshop /Adjourned Regular Meeting for the National Incident Management System
(NIMS) Executive Training for Monday, September 10, 2012 at 6:30 p.m. to 8:00 p.m. to
be held in the Community Room at City Hall.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
FUTURE AGENDA ITEMS:
Consideration of the merits of the formation of a Geologic Hazard Abatement District for
the Portuguese Bend landslide area (Misetich).
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 August
21, 2012.
CLOSED SESSION REPORT:
City Attorney Lynch reported on the following Closed Session items: 1) With respect to
the existing litigation in the VH Property Corp. and VHPS LLC v. City of Rancho Palos
Verdes, et al. case, a report was provided and no action taken; and, 2) With respect to
the existing litigation in the People of the State of California; City of Rancho Palos
Verdes v. Richard and Jean Otto case, a report was provided and the Council voted
unanimously, with all members present, to approve the settlement agreement.
ADJOURNMENT:
At 10:30 P.M., Mayor Misetich adjourned the meeting to Monday, September 10, 2012,
at 6:30 P.M. for an Adjourned Regular Meeting for National Incident Management
Systems (NIMS) Training to be held in the Community Room at City Hall.
t f . A:
Mayor
Attest:
City Clerk
WACity Council Minutes\2012\20120904 CC MINS.doc
City Council Minutes
September 4, 2012
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