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CC MINS 20121120MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING NOVEMBER 20, 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. RECONVENE TO REGULAR SESSION FOR A STUDY SESSION: At 6:43 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: Brooks, Duhovic, Knight, and Mayor Misetich ABSENT: Campbell* *Mayor Pro Tern Campbell arrived at 6:52 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; Ron Dragoo, Senior Engineer; 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 Discussion ensued among Council Members, City Attorney Lynch, and staff regarding items on the upcoming Council Meeting agendas as listed on the Tentative Agendas. Several items were moved from the December 4, 2012 agenda to future dates. City Council Minutes November 20, 2012 Page 1 of 11 Councilwoman Brooks moved, seconded by Councilman Knight, to approve the Tentative Agendas, as amended. The motion passed on the following roll call vote: AYES: Brooks, Knight, and Mayor Misetich NOES: Campbell and Duhovic ABSENT: None Future Agenda Items Proposed by Council Members to be Prioritized: None. Councilwoman Brooks removed her Recycling Drawing item from the Future Agendas. RECESS AND RECONVENE: Mayor Misetich called a brief recess from 6:59 P.M. to 7:10 P.M. REGULAR SESSION: 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; Jim Hendrickson, Interim Director of Public Works; Ara Mihranian, Deputy Community Development Director; Ron Dragoo, Senior Engineer; Nicole Jules, Senior Engineer; Lauren Ramezani, Senior Administrative Analyst; and, Carla Morreale, City Clerk. Also present was Sgt. Dave Rozas, Lomita Station, Los Angeles County Sheriff's Department. FLAG SALUTE: The Flag Salute was led by City Clerk Morreale. MAYOR'S ANNOUNCEMENTS: City Council Minutes November 20, 2012 Page 2 of 11 Sgt. Rozas of the Lomita Station, Los Angeles County Sheriff's Dept., provided a status report and PowerPoint presentation regarding FY 12 -13 Crime Prevention Enhancements. Mayor Misetich announced that he and other Council Members recently received letters from the FPPC regarding the conclusion of an investigation, which cleared them from allegations of any misconduct regarding expenditures for the production of automated phone calls for the November 2010 Election (Marymount Initiative - Measure P). RECYCLE DRAWING: Mayor Misetich announced Recyclers of the Month from the November 7, 2012 City Council meeting: Norman Niederman and Keiji Nozaki. 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 moved, seconded by Councilman Knight, to approve the agenda. Without objection, Mayor Misetich so ordered. PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda) None. CITY MANAGER REPORT: City Manager Lehr announced that the City had recently received a letter from the CEO /Co- founder of Yelp regarding recent favorable consumer ratings about the Pt. Vicente Interpretive Center. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding Item C (Initiation of a Code Amendment to Revise Rancho Palos Verdes Municipal Code (RPVMC) Section 17.76.030 [Fences, Walls and Hedges]); and there was one request to speak regarding Item K (Agreement for Financial Advisor Services). Councilman Duhovic requested that Item K be removed from the Consent Calendar. City Council Minutes November 20, 2012 Page 3 of 11 Councilman Duhovic and Mayor Pro Tem Campbell asked questions regarding several Consent Calendar items. Councilwoman Brooks moved, seconded by Councilman Duhovic, to approve the Consent Calendar, with Item K (Agreement for Financial Advisor Services) removed from the Consent Calendar for separate consideration. 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. Approval of Minutes Approved the Minutes of the October 16, 2012 Regular Meeting; the October 30, 2012 Adjourned Regular Meeting (Interviews); and the October 30, 2012 Adjourned Regular Meeting. Initiation of a Code Amendment to Revise Rancho Palos Verdes Municipal Code (RPVMC) Section 17.76.030 (Fences, Walls and Hedges) Initiated a Code Amendment to: 1) Revise Section 17.76.030 of the RPVMC (Fences, Walls and Hedges) to require new fences, walls and hedges within specified setbacks be subject to a Fence, Wall and Hedge Permit, thereby affording view protection from said fences, walls and hedges to more property owners; and, 2) Make minor clean -up amendments to Section 17.76.030 to clarify combination hedge heights and applicability of a Minor Exception Permit for fences. Award Contracts for Construction, Construction Management and Inspection Services for FY2011 -2012 Areas 3 and 5 Residential Streets Improvement Project — Phase I (Supports 2012 City Council Goal #4, Public Infrastructure — Citywide Street Maintenance) 1) Approved the construction plans and project specifications for the FY 2011 -2012 Area 3 and 5 Residential Streets Improvement Phase I Project; 2) Awarded a construction contract to Hardy and Harper, Inc. in the amount of $2,346,011 for the project; 3) Awarded a professional services agreement in the amount of $191,056 to Merit Civil Engineering, Inc. for construction management and inspection services; City Council Minutes November 20, 2012 Page 4 of 11 4) Authorized staff to utilize an additional 10% ($253,707) for contingency; 5) Authorized a budget appropriation of $77,697 for costs associated with the reconstruction of Woodfern Drive; 6) ADOPTED RESOLUTION NO. 2012 -85, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION 2012 -43, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2012- 13, FOR A BUDGET ADJUSTMENT TO THE CITY'S STREET IMPROVEMENTS PROGRAM WITHIN THE GENERAL FUND; and, 7) Authorized the Mayor and City Clerk to execute the agreements. Finance Advisory Committee Work Plan Approved the updated 2012 -13 Work Plan for the Finance Advisory Committee (FAC). Introduction of Ordinance — Correction to the City's Official Zoning Map INTRODUCED ORDINANCE NO. 5427 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, APPROVING A CORRECTION TO THE CITY'S OFFICIAL ZONING MAP, WHEREBY 12 PROPERTIES WITHIN THE PORTUGUESE BEND COMMUNITY WERE INCORRECTLY IDENTIFIED WITH RS -2 ZONING ON THE RECENT DIGITIZED VERSION OF THE OFFICIAL ZONING MAP, WHEREAS THE CORRECT ZONING FOR THE 12 PROPERTIES IS RS -1. Adoption of Ordinance No. 539 — Increased Uniform Public Construction Cost Accounting Act (UPCCAA) Limit for Level 1 Projects and Adding an Exception for Level 2 Projects ADOPTED ORDINANCE NO. 539, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, AMENDING SECTION 2.42.050 OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO INCREASE THE LIMIT FOR LEVEL 1 PROJECTS AND ADD A NEW EXCEPTION TO LEVEL 2 PROJECTS. Adoption of Ordinance No. 540 — Code Amendment to Establish a Procedure for Allowing Hedges Over 42" in Height within the Front Yard Setback of Private Residential Properties and to Simplify the Existing Intersection Visibility Triangle Review Process (ZON2010- 00293) ADOPTED ORDINANCE NO. 540, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, THEREBY MEMORIALIZING THE CITY COUNCIL'S DECISION TO AMEND SECTIONS 17.76.030 (FENCES, WALLS AND HEDGES) AND 17.48.070 (INTERSECTION VISIBILITY TRIANGLE) OF TITLE 17 (ZONING) OF THE CITY'S MUNICIPAL CODE TO ESTABLISH A NEW DISCRETIONARY PERMIT PROCESS TO ALLOW HEDGES ABOVE 42" IN HEIGHT WITHIN THE FRONT YARD SETBACK OF PRIVATE RESIDENTIAL PROPERTIES AND TO SIMPLIFY THE REVIEW PROCESS TO ALLOW IMPROVEMENTS WITHIN THE INTERSECTION VISIBILITY TRIANGLE AREA. City Council Minutes November 20, 2012 Page 5 of 11 Claim Against the City by Charles D. Knauer, Jr. Rejected the claim and directed staff to notify the claimant. Claim Against the City by Lucia Vasquez Rejected the claim and directed staff to notify the claimant. Agreement for Financial Advisor Services This item was removed from the Consent Calendar for separate consideration. San Ramon Canyon Stabilization Project Pre - Qualification ADOPTED RESOLUTION NO. 2012 -861 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING THE APPEALS PROCESS REGARDING PRE - QUALIFICATION OF BIDDERS FOR THE SAN RAMON CANYON STABILIZATION PROJECT. Register of Demands ADOPTED RESOLUTION NO. 2012 -87 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. Contract and Budget Appropriation to Prepare an Amendment to the City's General Plan Housing Element 1) Authorized Staff to execute a professional services agreement for the Mayor's signature in an amount not to exceed $17,950 with Castaneda & Associates to prepare an amendment to the City's General Plan Housing Element; and, 2) ADOPTED RESOLUTION NO. 2012 -88, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2012 -43, THE BUDGET APPROPRIATION FOR FY12 -13, TO FUND CERTAIN PROFESSIONAL SERVICES ASSOCIATED WITH THE AMENDMENT TO THE GENERAL PLAN HOUSING ELEMENT. ITEM REMOVED FROM CONSENT CALENDAR: Agreement for Financial Advisor Services City Council Minutes November 20, 2012 Page 6 of 11 Ken Dyda, Rancho Palos Verdes, stated that he was present at the October 16, 2012 Council meeting where the agreement for Financial Advisor Services was discussed. He provided a recap of Council Members' comments and restated the motion made that evening, noting the focus of the agreement was to be on the financing plan for the San Ramon Canyon Stabilization Project. Councilwoman Brooks moved, seconded by Councilman Knight, to remove this item from the agenda and schedule it for the second meeting in January. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: None CONSENT CALENDAR (continued): Introduction of Ordinance — Correction to the City's Official Zoning Map City Clerk Morreale reported that an item on the Consent Calendar was to include the introduction of an ordinance for a correction to the City's Official Zoning Map. City Attorney Lynch stated that the City Clerk would need to read the title of the ordinance into the record. Mayor Misetich moved, seconded by Mayor Pro Tern Campbell, to: INTRODUCE ORDINANCE NO. 5427 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, TO REVISE THE CITY'S OFFICIAL DIGITIZED ZONING MAP OF THE CITY OF RANCHO PALOS VERDES TO CORRECT AN ERRONEOUS ZONING DISTRICT BOUNDARY LINE. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: None REGULAR BUSINESS: Amendment to the Lower Point Vicente Portion of the Rancho Palos Verdes Coast Vision Plan City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were three requests to speak regarding this item. City Council Minutes November 20, 2012 Page 7 of 11 Deputy Community Development Director Mihranian provided a brief staff report and PowerPoint presentation regarding this item. Discussion ensued among Council Members and staff. Eva Cicoria, Rancho Palos Verdes, stated that she supported staff s recommendation and encouraged the City to enhance the area with additional improvements to the outdoor recreation features, such as trails, picnic and vista areas, vista locations, natural history areas, and natural landscaped areas. David Sundstrom, California Native Plant Society, Rancho Palos Verdes, stated he was in support of the staff recommendation and provided a handout containing three preliminary conceptual restoration and park plans for Lower Pt. Vicente. Ann Shaw, Rancho Palos Verdes, commended staff for the report and noted she was in favor of the process suggested to protect the "jewel" of the City which is Lower Pt. Vicente. Councilwoman Brooks moved, seconded by Councilman Knight, to approve the staff recommendation to: 1) Approve text and graphic amendments to the Coast Vision Plan reflecting the withdrawal of the Annenberg Facility from Lower Point Vicente; and, 2) Initiate a public review process for developing an updated concept plan for the Lower Point Vicente portion of the Coast Vision Plan. 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 8:10 P.M. to 8:17 P.M. Future Direction of the Neighborhood Beautification Grants Program City Clerk Morreale reported that late correspondence was distributed and there were six requests to speak regarding this item. Interim Director of Public Works Hendrickson provided an introduction and overview of the Neighborhood Beautification Grants Program. Senior Administrative Analyst Ramezani provided a history of the Neighborhood Beautification Grant program (NBG) program and the four options presented in the staff report for Council's consideration. City Council Minutes November 20, 2012 Page 8 of 11 Discussion ensued among Council Members, staff and City Attorney Lynch. Jeanne Lacombe, Rolling Hills Riviera Homeowners Association (HOA), Rancho Palos Verdes, spoke in favor of Option No. 4 with some of the funding to include improvement to walls along arterial corridors, such as Western Avenue. Jon Cartwright, Rancho Palos Verdes, opined that the Council should reject the four options suggested in the staff report and reinstate the program as the residents understand it. He suggested the creation of a seven person committee comprised of five citizens and two Council Members to determine the facts and the best use of the money in the NBG program. Charles Ingraham, Board Director, Ridgegate HOA, Rancho Palos Verdes, stated that the issue with the NBG Program seems to be a perception problem and suggested turning the matter over to a committee for consideration. He suggested that some of the recycling funds should be used to hire a municipal architect to create a plan to improve the medians in the City. Bill Dom, Monaco HOA, Rancho Palos Verdes, stated that the NBG Program has been used by his HOA to work on the following projects: 1) installation of irrigation and foliage along a stretch of Hawthorne Blvd.; 2) installation of lighting at the entry of the neighborhood; and, 3) construction of a decomposed granite walkway on Hawthorne Blvd. from Crest Road to Rhone. He encouraged the Council to continue to support the NBG Program. Ann Shaw, Rancho Palos Verdes, stated that she recycles because it is good for the environment and urged the Council to adopt Option No. 4 to beautify the medians, rights -of -ways, and major arterials in the City. Minas Yerelian, Rancho Palos Verdes, stated that when too many people are involved in a project nothing is accomplished, noting if a subcommittee cannot work together a new subcommittee should be formed. He noted that Hawthorne Blvd. needs much improvement and was in favor of planting trees along the side of the roadway and center medians; and, suggested that the Planning Commission could handle the NBG Program. He stated that a portion of the recycling money should be rebated to the residents and encouraged discontinuing the street lighting on Hawthorne Blvd. with those funds to be allocated to the NBG Program. Ken Dyda, Rancho Palos Verdes, suggested that staff planners might be able to use their urban design skills to create a plan to improve the landscaping along the major arterials. He stated he was not in favor of uniform walls along all the City arterials but noted each tract or community could adopt aesthetic standards for the walls in their area; and suggested resurrecting the Landscaping Median Plan for irrigation and planting of water tolerant plants, which was created in the late 1970s. City Council Minutes November 20, 2012 Page 9 of 11 Discussion ensued among Council Members and staff. RECESS AND RECONVENE: Mayor Misetich called a brief recess from 10:25 P.M. to 10:32 P.M. Mayor Misetich moved, seconded by Councilwoman Brooks, to continue the meeting to 11:00 P.M. Without objection, Mayor Misetich so ordered. Discussion continued among Council Members and staff regarding the NBG Program. Councilman Duhovic moved, seconded by Councilwoman Brooks, to approve Option No. 3 with the entire amount of $296,000 of the Neighborhood Beautification Grant funds to be refunded to the residents on a per household basis immediately. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: None FUTURE AGENDA ITEMS: Councilwoman Brooks requested the following items: 1) Use of CIP Funds and Maintenance Funds for median improvements; and 2) Concerns regarding the Successor Agency. Mayor Misetich requested an item regarding a Compensation Value Model for Senior Management that would itemize all compensation. 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 November 7, 2012. CLOSED SESSION REPORT: City Attorney Lynch reported that Mayor Pro Tern Campbell was not in attendance at the Closed Session due to a work schedule conflict. City Attorney Lynch reported on the following Closed Session items: 1) With respect to the item regarding potential initiation of litigation regarding a slope failure, the Council voted unanimously not to City Council Minutes November 20, 2012 Page 10 of 11 initiate litigation (4 -0); and, 2) With respect to the item regarding the conference with Real Property Negotiators, the Council voted unanimously (4 -0) to authorize a Phase 1 Environmental Report be prepared and if said report is favorable, to authorize the purchase of the lot on Cherry Hill Lane that had been offered by Niemeyer Land & Farming Partnership. ADJOURNMENT: At 11:09 P.M., Mayor Misetich adjourned the meeting to 7:30 A.M. on Tuesday, December 4, 2012 for an Adjourned Regular Meeting for a Ground Breaking /Sign Unveiling for the San Ramon Canyon Stabilization Project to be held at the eastern side of the Lower Switchback at Palos Verdes Drive East near San Ramon Canyon. Attest: City Clerk WACity Council Minutes\2012120121120 CC MINS.doc M or City Council Minutes November 20, 2012 Page 11 of 11