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CC MINS 20120918 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING SEPTEMBER 18, 2012 The meeting was called to order at 6:00 P.M. by Mayor Misetich at Fred Hesse Community Park, 29301 Hawthorne Boulevard. RECESS TO CLOSED SESSION: At 6:00 P.M. the meeting was recessed into Closed Session, with all Council Members present, and Councilwoman Brooks participating via teleconference from the remote location listed on the agenda. RECONVENE TO REGULAR SESSION FOR A STUDY SESSION: At 6:32 P.M., Mayor Misetich reconvened the meeting to Regular Session for a City Council Study Session. City Council roll call was answered as follows: PRESENT: Campbell, Duhovic, Knight, and Mayor Misetich ABSENT: Brooks* * Councilwoman Brooks joined the meeting via teleconference at 6:40 P.M. 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; Jim Hendrickson, Interim Director of Public Works; Matt Waters, Senior Administrative Analyst; and, Carla Morreale, City Clerk. PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA FOR THE STUDY SESSION: None. DISCUSSION TOPICS: Review of Tentative Agendas in Light of City Council Goals, including questions of staff(Annotated Version of the City Council 2012 Goals & Priorities - attached for reference). Discussion ensued among Council Members, City Attorney Lynch, and staff regarding items on the upcoming Council Meeting agendas as listed on the Tentative Agendas. City Council Minutes September 18, 2012 Page 1 of 13 Future Agenda Items Proposed by Council Members to be Prioritized Designation of City of Rancho Palos Verdes Representative to Miss California USA 2013 Pageant Mayor Misetich introduced this item and a recent request from Ms. Ally Lozano for permission to use the title Miss Rancho Palos Verdes in the upcoming Miss California USA 2013 Pageant. Senior Administrative Analyst Waters added that staff checked with pageant officials regarding the process of selection which includes the verification of the citizenship of the candidates in the pageant. Ally Lozano, introduced herself and provided information regarding the reasons she was interested in using the title "Miss Rancho Palos Verdes" in the pageant. She added that the use of the title would signify that she has the backing of the City to represent the organization. *At 6:40 P.M., those in the Council Chamber were able to communicate with Councilwoman Brooks. Councilwoman Brooks noted that she had been able to hear all of the proceedings of the meeting, even though those in the Chamber were not able to directly communicate with her. Councilman Duhovic moved, seconded by Mayor Pro Tern Campbell, to: Authorize the Mayor to sign an official Miss California USA form, enabling Miss Ally Lozano to present herself as "Miss Rancho Palos Verdes California USA 2013" in the upcoming Miss California USA 2013 Pageant. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: None Update of the Coastal Vision Plan Councilman Knight provided a brief report regarding the reasons for his request for an update to the Coastal Vision Plan and to determine what activities should be allowed, if any, at Lower Pt. Vicente. He added that the City would possibly be missing many grant opportunities without an update to the Coastal Vision Plan. Councilman Duhovic moved, seconded by Mayor Misetich, to direct staff to place this item on an upcoming agenda for Council consideration. City Council Minutes September 18, 2012 Page 2 of 13 The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: None Councilwoman Brooks stated that she was in favor of the community groups being heard regarding the LPG Storage Tanks Facility item that is scheduled for an upcoming agenda. RECESS AND RECONVENE: Mayor Misetich called a brief recess from 6:54 P.M. to 7:02 P.M. REGULAR SESSION: City Council roll call was answered as follows: PRESENT: Campbell, Duhovic, Knight, and Mayor Misetich ABSENT: Brooks** Mayor Misetich reported that there was technical difficulty in reconnecting Councilwoman Brooks to the meeting, but noted that staff anticipated successful connection shortly. ** At 7:04 P.M., Councilwoman Brooks joined the meeting via teleconference. 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; Jim Hendrickson, Interim Director of Public Works; Ron Dragoo, Senior Engineer; Siamak Motahari, Senior Engineer; Steve Larson, Interim Human Resources Manager; Amy Seeraty, Associate Planner; Emilio Blanco, Maintenance Supervisor; and, Carla Morreale, City Clerk. FLAG SALUTE: The Flag Salute was led by Mayor Pro Tem Campbell. MAYOR'S ANNOUNCEMENTS: Mayor Misetich presented a City tile to Carol Donahue and thanked her for her service on the Traffic Safety Commission. City Council Minutes September 18, 2012 Page 3 of 13 Carol Donahue, Traffic Safety Commissioner, stated that it was a privilege to serve the City and thanked the Council for the opportunity to have offered her service on the Traffic Safety Commission. Mayor Misetich provided information regarding upcoming free Community Emergency Response Team (CERT) training classes in basic safety and life-saving skills for the public following a major disaster. He reported that the classes are sponsored by the Los Angeles County Fire Department and are scheduled to be held on the following three consecutive Saturdays: October 27, 2012; November 3, 2012; and November 10, 2012 from 8:30 a.m. to 4:30 P.M. at Marymount College. **At 7:04 P.M., Councilwoman Brooks joined the meeting via teleconference. Mayor Misetich announced the passing of former Mayor Tom Hollingsworth and noted that this evening's meeting would be adjourned in his memory. Discussion ensued between Council Members and staff regarding the City's policies and practices regarding the lowering of the flags to half-staff to honor and show respect for a resident who has served as a Council Member. RECYCLE DRAWING: Mayor Misetich announced Recyclers of the Month from the September 4, 2012 City Council meeting: Lois Jester and Natasha Ahamed. He indicated that all winners receive a check for $250 representing a year of free refuse service and urged everyone to participate in the City's Recycling Program. APPROVAL OF THE AGENDA: Councilwoman Brooks requested that Item No. 4 (Ordinance Adopting a Second Tier 2% @ 60 Retirement Benefit Formula) be continued to the October 2, 2012 Council Meeting, and that Item No. 3 (Follow-Up Review of the Existing Program for Allowing Temporary Noncommercial Banners in Designated Areas within the Public Street Rights-of-Way and the Policy Allowing Placement of Temporary Banners for City Related Events on City Property) be moved up on the agenda, to follow after Item No. 1 (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). Councilwoman Brooks moved, seconded by Councilman Knight, to approve the agenda, as amended. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich City Council Minutes September 18, 2012 Page 4 of 13 NOES: None ABSENT: None PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda) Charles Ingraham,, Ridgegate Homeowners Association (HOA), Rancho Palos Verdes, stated that he was concerned that the Beautification Grant Program, as reaffirmed by the Council in January 2012, was being considered to be terminated with a diversion of 90 percent of the EDCO refunds to another administratively directed and unrelated project. He commented on the proposed changes which would affect the City's residents and deter them from participating in recycling. Discussion ensued among Council Members and staff. CITY MANAGER REPORT: Deputy City Manager Petru provided an update on a request from Council regarding the possibility of creating a Temporary Dog Park at City Hall. She presented a brief report and PowerPoint presentation regarding a plan for a Temporary Dog Park at the Point Vicente Park/Civic Center site to be used initially on a trial basis until final plans are developed for a regional dog park at the Palos Verdes Landfill site in Rolling Hills Estates. Discussion ensued among Council Members and staff. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding Item No. E (Award Contracts for On-Call Professional Services). Councilman Duhovic moved, seconded by Councilman Knight, 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 City Council Minutes September 18, 2012 Page 5 of 13 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 21, 2012 Regular Meeting. Authorize an Amendment to the Agreement between the City of Rancho Palos Verdes and Pavement Coatings, Inc. (PCI) Authorized the Mayor and City Clerk to execute the Third Amendment to the Agreement between the City of Rancho Palos Verdes and Pavement Coatings, Inc. (PCI) allowing an extension to the term of the agreement to June 30, 2013. Authorize an Amendment to the Agreement between the City of Rancho Palos Verdes and Aegis, ITS Authorized the Mayor and City Clerk to execute the Second Amendment to the Agreement between the City of Rancho Palos Verdes and Aegis, ITS, formerly Econolite Traffic Engineering and Maintenance, Inc. allowing an extension to the term of the agreement to June 30, 2013. Award Contracts for On-Call Professional 1) Authorized awarding a contract for on-call professional services to: Atkins North America, Inc., and Charles Abbott Associates, Inc.; 2) Authorized the Mayor to execute the two (2) contracts listed in recommendation 1 above; and, 3) Authorized the expenditure of up to $60,000 per fiscal year for the remainder of FY 2012-13, FY 2013- 14 and FY 2014-15 for each of the two (2) contracts listed in recommendation 1 above, with a not to exceed amount of$25,000 for a single project. Eastview Park Playground and Accessibility Improvements Project (Supports 2012 City Council Goal No. 4, Public Infrastructure) ADOPTED RESOLUTION NO. 2012-68, A RESOLUTION OF THE CITY COUNCIL OF • THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2012-43, THE CITY'S BUDGET APPROPRIATION FOR FISCAL YEAR 2012-13, FOR A BUDGET ADJUSTMENT TO THE CITY'S PARKS, TRAILS & OPEN SPACE IMPROVEMENTS PROGRAM IN THE CAPITAL IMPROVEMENT BUDGET FUND IN THE AMOUNT OF $4,920, AUTHORIZING EXPENDITURE OF THIS AMOUNT FOR ADDITIONAL RESILIENT SAFETY SURFACE NECESSITATED AT THE PLAYGROUND. FY11-12 Continuing Appropriations & Fiscal Year-End Budget Adjustments City Council Minutes September 18, 2012 Page 6 of 13 1) ADOPTED RESOLUTION NO. 2012-69, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION 2011-44, THE BUDGET APPROPRIATION FOR FY11-12, TO REDUCE THE BUDGET FOR THE APPROVED CONTINUING APPROPRIATIONS; 2) ADOPTED RESOLUTION NO. 2012-70, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION 2012-43, THE BUDGET APPROPRIATION FOR FY12-13, TO INCREASE THE BUDGET FOR THE APPROVED CONTINUING APPROPRIATIONS; and, 3) ADOPTED RESOLUTION NO. 2012-71, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION 2011-44, THE BUDGET APPROPRIATION FOR FY11-12, TO ADJUST THE BUDGET IN VARIOUS FUNDS OF THE CITY. Award Professional Services Agreement for the Arterial Roads Rehabilitation Project, FY11-12 Palos Verdes Drive East (Supports 2012 City Council Goal No. 4, Public Infrastructure — City Wide Street Maintenance) Awarded a contract for professional services to CBM Consulting for a not-to-exceed amount of$159,690 for civil engineering services related to the Arterial Roads Rehabilitation Project, FY 11-12 Palos Verdes Drive East and authorized the Mayor and City Clerk to execute the agreement. Register of Demands ADOPTED RESOLUTION NO. 2012-72, 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. Claim Against the City by Stephen Ricard Rejected the claim and directed staff to notify the claimant. Expenditure Authorization for Restoration of a Damaged Portion of the Parking Lot at Ryan Park (Supports 2012 City Council Goal No. 4, Public Infrastructure) ADOPTED RESOLUTION NO. 2012-73, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION 2012-43, THE CITY'S BUDGET APPROPRIATION FOR FISCAL YEAR 2012-13, FOR A BUDGET ADJUSTMENT TO THE CITY'S PARKS, TRAILS & OPEN SPACE IMPROVEMENTS PROGRAM IN THE CAPITAL IMPROVEMENT BUDGET FUND IN THE AMOUNT OF $26,468, WITH 10% CONTINGENCY IN AMOUNT OF $2,626 FOR A TOTAL OF $29,114, AUTHORIZING EXPENDITURE OF THIS AMOUNT FOR RESTORATION OF THE DAMAGED SURFACE OF RYAN PARK PARKING LOT. City Council Minutes September 18, 2012 Page 7 of 13 Agreement with Trump National Golf Club regarding Management of Rentals at Founders Park 1) Approved an 18-month Agreement with VH Properties Corp (Trump National Golf Club) for support services for rentals at Founders Park commencing on March 18, 2013; and, 2) Directed staff to return with an amendment to the City's Fee Schedule to establish a new fee for small stand-up marriage ceremonies at Founders Park. # # # # # # PUBLIC HEARINGS: 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) [Continued from July 17, 2012] City Clerk Morreale reported that this public hearing was continued from the July 17, 2012 Council Meeting, there were no written protests, and there were no requests to speak regarding this item. Councilman Knight moved, seconded by Councilman Duhovic, to close the public hearing to allow the applicant sufficient time to address the geotechnical issues raised by the City Geologist related to the project's proposed septic system, and direct staff to notice the public hearing at a future date. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: None REGULAR BUSINESS: Follow-Up Review of the Existing Program for Allowing Temporary Noncommercial Banners in Designated Areas within the Public Street Rights-of- Way and the Policy Allowing Placement of Temporary Banners for City Related Events on City Property City Clerk Morreale reported that there was a request to speak regarding this item. Community Development Director Rojas provided a brief report regarding signs in the public right-of-way. City Council Minutes September 18, 2012 Page 8 of 13 Deputy City Manager/Interim Director of Recreation and Parks Petru provided a staff report regarding the temporary banners for City related events on City property, modifications to the policy and other issues regarding this item. Discussion ensued among Council Members, staff, and City Attorney Lynch. John Freeman, President, Pacific View HOA, stated that many improvements have been made in the program to date, but noted he was not in favor of the proposed changes to the banner sign policy for park sites; spoke in opposition to general generic signs that advertise City programs; was in favor of limiting the posting of a banner advertising recurring events to 7 days, not 30 days; illustrated an example of a "good" sign using PowerPoint slides; and, suggested making the banner park signs policy consistent with non-commercial banner policies. Council and staff discussion continued. Deputy City Manager/Interim Director of Recreation and Parks Petru suggested a modification to Item F of the City Policy to state the following: "Each banner shall be displayed for a maximum of thirty consecutive days; however, in the case of banners for recurring events these shall be displayed no more than 21 days in advance of the particular event." Additional discussion ensued between Council Members and staff. Councilwoman Brooks moved, seconded by Councilman Knight, to approve the staff recommendation with the modification to Item F of the City Banner Policy to state "Each banner shall be displayed for a maximum of thirty consecutive days; however, in the case of banners for recurring events these shall be displayed no more than 21 days in advance of the particular event," with staff directed to use their discretion to adjust the number of days a banner is displayed in order to properly notice the event or program, while still being sensitive to the adjacent neighbors. 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 8:31 P.M. to 8:42 P.M. Councilwoman Brooks left the meeting at 8:31 P.M. PUBLIC HEARINGS (continued): City Council Minutes September 18, 2012 Page 9 of 13 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 View from 25 Narcissa Drive (Makhlouf Property) [View Restoration Permit 2011-00064] [Continued from August 7, 2012] City Clerk Morreale reported that this public hearing was continued from August 7, 2012, written protests included in the staff report, late correspondence was distributed prior to the meeting, and there were seven requests to speak regarding this item. Associate Planner Seeraty provided a staff report and PowerPoint presentation regarding the appeal before the City Council. Councilman Knight disclosed that he visited the appellant's property; and Councilman Duhovic disclosed that he visited the appellant's property and one of the other two properties on Narcissa Drive. Discussion ensued among Council Members, staff, and City Attorney Lynch. Stuart Miller, attorney for the appellant Da'ad Makhlouf, stated that there is no dispute that trees on the right (of the viewing frame?) obstruct the view and the issue is if the trees impaired the view in 1951. Mr. Miller opined that the trees under discussion were not 20 feet tall in 1951; the appellant arborist opines that the trees in question are not the trees in the photographs from 1951. Mr. Miller continued that the impairment of the view was significant; added that the City defines protected views as near and far views which are of a pastoral environment or natural setting; and, defined the relevant location of the appellant's viewing area. He illustrated the appellant's opinion of her view from the secondary bedroom, master bedroom, and the deck and pointed out the trees on the Gerrard and Paulucci properties in contrast to the viewing area as defined by the City. City Attorney Lynch stated that Mr. Miller was correct, and she wanted to correct the record regarding an earlier statement, that on developed lots the viewing area may be located on any level surface within the house excluding bathrooms, closets, hallways, or garages. Greg Monfette, arborist for appellant, stated that the photograph with the little girl and trees in the background dated 1951, and the photo dated December 23, 2011, both taken from 28 Narcissa Drive, do not represent the same trees. He added that the core samples are not conclusive and there should be an exact ring date of the trees in order to get an accurate age of the trees. David F. Grimes, Licensed Land Surveyor/Map Maker, Los Angeles, stated that he prepared the survey and maps of the residences and trees. He compared the view at City Council Minutes September 18, 2012 Page 10 of 13 the lower sight lines, level site lines, and a view of the trees as they would appear in the 1951 photograph, which is below the level sight line. Da'ad Makhlouf, Rancho Palos Verdes, stated she completely disagrees with what staff has determined to be her viewing area, noting that the "family room" was an enclosed porch which she uses as a plant and storage room; stated that the trees under discussion are not the same trees as illustrated in the older picture (estimated between 1949 and 1951); and noted that she has not seen conclusive evidence that her view has not been impaired. Mark Paulucci, Rancho Palos Verdes, stated that he definitely knows which trees are his and they are historic trees and an integral part of the landscape legacy of Rancho Palos Verdes. He stated that the trees were certainly present when the lot was created and impaired the view at that time; added that the trees were present and impaired the view when the appellant purchased the home; and, noted that he cut down a lot of trees to be neighborly and wants to save the four trees remaining on his property. Martha de la Torre, Rancho Palos Verdes, stated that she bought her home in 2002, moved out for a period of over four years, and have recently moved back into her home. She noted that while they were moved out the neighbors did not keep up on the maintenance trimming of their trees which has resulted in the impairment of her view. Joe Badame, Rancho Palos Verdes, stated that he has a similar issue with his neighbors and noted that residents purchase homes in the Portuguese Bend area because of the views. Dave Hayes, City arborist, stated that he and staff went out and took core samples of the trees, noting that he disagreed with Mr. Monfette; reported trees do not grow in perfect circles and that the center of a tree is rarely in the dead center of a tree; noted that he took his core sample from the uphill side of the tree and trees tend to grow more on the downhill side; and, detailed the manner in which he analyzed and determined the age of the trees. He stated that in his professional opinion Tree No. 1 is between 70 and 75 years old. Stuart Miller, attorney for the appellant Da'ad Makhlouf, in rebuttal, stated that the photograph which is part of the appellant's pictures demonstrates that the telephone poles referenced earlier have moved, been altered or replaced. He noted that Mr. Paulucci submitted no evidence that the historic trees did impair the view back in 1951 and noted that the appellant simply wants the trees on the right trimmed in the same way that the trees on the left were trimmed. He stated the tree on the right is healthy, but needs additional trimming. He concluded that the viewing area of the appellant's home is that of the secondary bedroom, master bedroom, and the deck. Discussion ensued among Council Members, staff, City Attorney Lynch, and Mr. Miller. City Council Minutes September 18, 2012 Page 11 of13 Bob Nelson, Planning Commissioner, Rancho Palos Verdes, stated that he could not recall the vote on the matter, but noted that the Planning Commission determined that there was not a significant impairment of the view in this case. He noted that in his opinion, there is nothing more sacred than an old tree, and there were a number of trees that were trimmed in this case by both foliage owners, in an effort to improve the view. Discussion continued among Council Members, staff, and City Attorney Lynch. RECESS AND RECONVENE: Mayor Misetich called a brief recess from 10:05 P.M. to 10:11 P.M. City Attorney Lynch clarified for the Council that this Public Hearing was a de novo hearing and that the City Council was not at all bound to follow the Planning Commission's decision. Councilman Knight moved, seconded by Mayor Pro Tem Campbell, to adopt the staff recommendation to: Deny the appeal and affirm the Planning Commission's decision to deny View Restoration Permit No. 2011-00064. Mayor Misetich declared the public hearing closed. City Attorney Lynch noted that since additional information was presented this evening, she would like the opportunity to return with the resolution for Council's review on the consent calendar at the next Council Meeting. Without objection, the Council agreed with City Attorney Lynch's suggestion to return with a resolution commemorating Council's decision at the next Council Meeting. The motion passed on the following roll call vote: AYES: Campbell, Knight, and Mayor Misetich NOES: Duhovic ABSENT: Brooks FUTURE AGENDA ITEMS: The following items were raised by Council Members as future agenda items: Consideration of Reinstatement of the Equestrian Committee (Misetich) Make transparent as much of the process as possible regarding negotiations with the Employee Association (Campbell) Status Update on the Methodology being Used and Progress Made by Matrix regarding the Organizational Performance Evaluation (Campbell) City Council Minutes September 18, 2012 Page 12 of 13 Beautification Grant Program-Intent of prior Council direction from January 3, 2012 (Campbell) CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings since the last City Council Oral Reports were provided on September 4, 2012. CLOSED SESSION REPORT: City Attorney Lynch reported that with respect to the Conference with Labor Negotiators, a report was given, discussion occurred regarding potential negotiations with the Employees' Association, and no action was taken. ADJOURNMENT: At 10:40 P.M., Mayor Misetich adjourned the meeting in the memory of former Mayor Tom Hollingsworth, noting that a tribute will be made to him during the next regular Council meeting on October 2, 2012. ayor Attest: 41,6,_, / C City Clerk W:\City Council Minutes\2012t20120918 CC MINS.doc City Council Minutes September 18, 2012 Page 13 of 13