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CC MINS 20140218 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING FEBRUARY 18, 2014 The meeting was called to order at 7:06 P.M. by Mayor Duhovic at Fred Hesse Community Park, 29301 Hawthorne Boulevard. REGULAR SESSION FOR A STUDY SESSION: City Council roll call was answered as follows: PRESENT: Brooks, Campbell, Knight, and Mayor Duhovic ABSENT: Misetich (excused) Also present were Carolynn Petru, Acting City Manager; Carol Lynch, City Attorney; Dennis McLean, Director of Finance/Information Technology; Joel Rojas, Community Development Director; Michael Throne, Director of Public Works; Sean Robinson, Human Resources Manager; Eduardo Schonborn, Senior Planner; and, Carla Morreale, City Clerk. Also present were Dr. Allan Colman, The Closers Group, LLC; and Steve Larson, Labor Negotiator. PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA FOR THE STUDY SESSION: None. DISCUSSION TOPICS: Review of Tentative Agendas Discussion ensued among Council Members, City Attorney Lynch, and staff regarding items on the upcoming Council Meeting agendas as listed on the Tentative Agendas. Councilwoman Brooks moved, seconded by Mayor Pro Tem Knight, to approve the Tentative Agendas, as amended. Without objection, Mayor Duhovic so ordered. Future Agenda Items Proposed by Council Members to be Prioritized: Authorization to Initiate Discussions with Respect to the Use of Miraleste Intermediate School Athletic Facilities City Council Minutes February 18, 2014 Page 1 of 11 Mayor Duhovic provided a report regarding this item. Discussion ensued among Council Members. Councilwoman Brooks moved, seconded by Councilman Knight, to approve the recommendation to: Authorize Rancho Palos Verdes Mayor Jerry V. Duhovic to initiate preliminary discussions with the Palos Verdes Peninsula Unified School District ("PVPUSD"), specifically School Board President Erin LaMonte, and Marymount California University ("MCU"), specifically MCU President Dr. Michael Brophy, to analyze the feasibility of entering into a tri-party agreement between the City of Rancho Palos Verdes ("City"), PVPUSD and MCU for the shared use of the Miraleste Intermediate School ("Miraleste") athletic facilities. Without objection, Mayor Duhovic so ordered. Altamira Canyon Drainage Project Mayor Pro Tem Knight provided a report regarding this item. Discussion ensued among Council Members and staff. Councilwoman Brooks moved, seconded by Mayor Duhovic, to approve the recommendation to: Direct staff to review the Altamira Canyon Drainage (ACD) Project as outlined in Mayor Pro Tem Knight's report and return to Council with recommendations as to the feasibility of the project, any modifications of the ACD project or if another type of Altamira Canyon drainage project would be preferable. Councilwoman Brooks offered an amendment, accepted by the seconder of the motion, that the Altamira Canyon drainage project be incorporated into the 2014 Infrastructure Management Plan. Without objection, Mayor Duhovic so ordered. RECESS AND RECONVENE: Mayor Duhovic called a brief recess from 7:32 P.M. to 7:38 P.M. REGULAR SESSION: City Council roll call was answered as follows: PRESENT: Brooks, Campbell, Knight, and Mayor Duhovic ABSENT: Misetich (excused) Also present were Carolynn Petru, Acting City Manager; Carol Lynch, City Attorney; Dennis McLean, Director of Finance/Information Technology; Joel Rojas, Community City Council Minutes February 18, 2014 Page 2 of 11 Development Director; Michael Throne, Director of Public Works; Ara Mihranian, Deputy Community Development Director; Sean Robinson, Human Resources Manager; Eduardo Schonborn, Senior Planner; So Kim, Associate Planner; Kit Fox, Senior Administrative Analyst; Matt Waters, Senior Administrative Analyst; Mona Dill, Recreation Program Supervisor II; and, Carla Morreale, City Clerk. Also present were Dr. Allan Colman, The Closers Group, LLC; and Steve Larson, Labor Negotiator. FLAG SALUTE: The Flag Salute was led by students who participated in the Whale of a Day Poster Contest. MAYOR'S ANNOUNCEMENTS/CEREMONIAL: Mayor Duhovic recognized students and faculty at the three middle schools in the Palos Verdes Unified School District who participated in the Whale of a Day poster contest; and thanked longtime docent Jo Woods for her work with the Whale of a Day poster contest program. He invited Recreation Program Supervisor II Dill to announce the Whale of a Day Poster Contest winners. Recreation Program Supervisor II Dill announced the Whale of a Day Poster Contest winners for 2014. She noted that the posters would be on display at Pt. Vicente Interpretive Center during the Whale of a Day event on March 1, 2014. RECYCLE DRAWING: Mayor Duhovic announced Recyclers of the Month from the February 4, 2014 City Council meeting: Michael Lew and Alex Haidos. 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 Mayor Pro Tem Knight, to approve the agenda. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Knight, and Mayor Duhovic NOES: None ABSENT: Misetich PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda) City Council Minutes February 18, 2014 Page 3 of 11 City Clerk Morreale reported that there were seven requests to speak regarding this item. Rascha Hall, RPV Residents for Fair Elections, Rancho Palos Verdes, requested the Council's support of a resolution to overturn the Supreme Court's decision in 2010 which eliminated spending limits for corporations, unions, political action committees, and individuals in political campaigns. She noted she was in support of the resolution to restore the citizens' power to control campaign funding for local city elections. Camille Feldman, Palos Verdes Estates, spoke in opposition to the state proposed Common Core curriculum and testing program in the Palos Verdes Unified School District and noted the District has the opportunity to opt out of the proposal. She noted the Common Core program will lower the educational standards. Desiree Myers, Palos Verdes Estates, stated that the Common Core Program would result in a reduction in standards of education, and will not prepare students for entrance into the elite colleges. She noted that the Common Core Program is failing on the east coast and is on hold or under consideration for cancellation in 22 states. Noel Weiss, Marina del Rey, provided a revised resolution for Council's consideration and spoke regarding his concerns about safety issues at the Rancho LPG Tank facility. Barry Hildebrand, Rancho Palos Verdes, spoke in opposition to the Common Core program which is proposed for the Palos Verdes Unified School District, as it will weaken the public education standards. Joan Davidson, Palos Verdes Estates, stated that all of the New York state teachers unions have joined to withdraw support of the Common Core program standards. She also noted that 26 New York school districts have opted out of the program so far, due to the release of personally identifiable student data to third party vendors and contractors. She expressed concern regarding the reduction in standards, provision of private student information in the iCloud, and loss of teachers as a result of the program. Lenee Bilski, Rancho Palos Verdes, stated that she spoke in support of the comments by Mr. Weiss and all of those who have concerns regarding the safety issues of the Rancho LPG tanks. She also noted that she would like the Council to work to restore the integrity of the Rancho Palos Verdes Coastal Specific Plan, which has served the City well for over 25 years, but has more recently been subject to an interpretation resulting in the approval of several projects in the coastal zone which did not comply with the details of the Coastal Specific Plan. CITY MANAGER REPORT: None. City Council Minutes February 18, 2014 Page 4 of 11 NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding Item No. F (Award Construction, Construction Management and Inspection, and Arborists' Services Contracts, and Amend Existing On-Call Engineering and On-Call Land Surveying Contracts, for the Arterial Roads Rehabilitation Project— FY 2011-2012 Palos Verdes Drive East). Mayor Pro Tem Knight moved, seconded by Councilwoman Brooks, to approve the Consent Calendar, with the incorporation of the expanded explanation on the fiscal impact section of the staff report as provided in late correspondence regarding Item No. F (Award Construction, Construction Management and Inspection, and Arborists' Services Contracts, and Amend Existing On-Call Engineering and On-Call Land Surveying Contracts, for the Arterial Roads Rehabilitation Project— FY 2011-2012 Palos Verdes Drive East). The motion passed on the following roll call vote: AYES: Brooks, Campbell, Knight, and Mayor Duhovic NOES: None ABSENT: Misetich 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 January 21, 2014 Special Meeting (Interviews) and January 21, 2014 Regular Meeting. Gifts for Parks Accepted the Gifts for Parks donations and directed staff to prepare donor letters of appreciation for the Mayor's signature. Household Hazardous and Electronic Waste Collection Program Site Liability Agreement with County of Los Angeles Authorized the Mayor and City Clerk to execute the Household Hazardous and Electronic Waste Collection Program Site Liability Agreement with the County of Los Angeles and County Sanitation District No. 2 of Los Angeles County. City Council Minutes February 18, 2014 Page 5 of 11 Register of Demands ADOPTED RESOLUTION NO. 2014-06, 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 Construction, Construction Management and Inspection, and Arborists' Services Contracts, and Amend Existing On-Call Engineering and On-Call Land Surveying Contracts, for the Arterial Roads Rehabilitation Project— FY 2011-2012 Palos Verdes Drive East 1) ADOPTED RESOLUTION NO. 2014-07, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2013- 43, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2013-14, FOR A BUDGET ADJUSTMENT TO THE CITY'S STREET IMPROVEMENTS PROGRAM WITHIN THE INFRASTRUCTURE IMPROVEMENT FUND; 2) Approved the construction plans and contract documents for the FY 2011-2012 Arterial Roads Rehabilitation Project— Palos Verdes Drive East; 3) Awarded a construction contract to All American Asphalt, Inc. in the amount of$2,768,000 for the project; 4) Awarded a professional services agreement to AndersonPenna, Partners, Inc. in the amount of$226,760 for Construction Management, Project Inspection, Materials Testing and Quality Assurance services; 5) Approved the first amendment to the on-call land surveying services agreement with KDM Meridian, which requires that prevailing wages be paid for the surveying work performed for the Arterial Roads Rehabilitation Project— Palos Verdes Drive East project; 6) Approved the first amendment to the on-call engineering and public works support services agreement with Charles Abbott Associates, Inc., which requires that prevailing wages be paid for the surveying work performed for the Arterial Roads Rehabilitation Project— Palos Verdes Drive East project; 7) Awarded a professional services contract to GS Brothers, Inc. in the amount of$4,000 for arborists services; 8) Authorized staff to utilize an additional 5% ($152,190) for contingency; 9) Authorized the Mayor and City Clerk to execute the agreements; and, 10) Incorporated the expanded explanation on the fiscal impact section of the staff report as provided in late correspondence. # # # # # # PUBLIC HEARINGS: Appeal of a Conditional Use Permit Revision, Grading Permit and Minor Exception Permit (Case No. ZON2013-00063) [Location: 2902 Vista Del Mar] City Clerk Morreale reported that notice of the public hearing was duly published and no written protests received regarding this item. Mayor Duhovic declared the public hearing open. City Council Minutes February 18, 2014 Page 6 of 11 Associate Planner Kim provided a brief staff report regarding this item. City Clerk Morreale reported that there were two requests to speak on this item. Goitom Tekletsion, AGA Design Group, representing property owner Jia H. Zhang, stated that this project was approved with the previous owner, and the new owner had requested an increase in square footage which impacted the grading, lot coverage and the square footage. He requested the opportunity to return to the Planning Commission with a revised plan for consideration. Eric Lin, owner's representative, stated that the owner understands that the community is very unique, the location is sensitive, and noted the owner is willing to work with the City and Planning Commission to minimize the impact on the environment and make sure the plan is compatible with the community. Discussion ensued among Council Members and staff. Mayor Duhovic declared the public hearing closed. Councilwoman Brooks moved, seconded by Councilman Knight, to approve the request by the appellant, to remand the revised project back to the Planning Commission for review and consideration, with no refund of the appeal fee. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Knight, and Mayor Duhovic NOES: None ABSENT: Misetich RECESS AND RECONVENE: Mayor Duhovic called a brief recess from 8:18 P.M. to 8:28 P.M. Marymount California University — 6-Month Review of the Expanded Parking Lot Project (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 with the staff report and late correspondence, and there were six requests to speak regarding this item. Mayor Duhovic declared the public hearing open. City Attorney Lynch reported that Marymount California University has requested a continuance of the public hearing to the April 1, 2014 City Council meeting. She recommended that the Council grant the continuance as requested. City Council Minutes February 18, 2014 Page 7 of 11 Councilwoman Brooks moved, seconded by Mayor Pro Tem Knight, to continue the public hearing to the April 1, 2014 City Council meeting, with public comments to be heard this evening from those who were present to speak. Don Davis, attorney for Marymount California University, stated that he received late notice of the lengthy staff report and was referred to the City's website, as noted in the letter he submitted in late correspondence. He stated that he requested the continuance to the April 1, 2014 meeting due to the concerns regarding staff's recommendation to modify the conditions and reduce existing entitlements such as the use of the parking lot which was recently completed. Jim Reeves, Senior Vice President of Finance and Administration, Marymount California University, stated he was aware of the neighbors' concerns regarding the new parking lot, operational issues including the timing of the gate and students smoking in the area. He noted that the University voluntarily closes the parking lots on weekends and extended holidays, turns lights off when the lot is not needed, and prohibits access to the timed gates. He expressed the desire to continue to collaborate to reach solutions to benefit everyone. Erin Harris, Rancho Palos Verdes, stated that she and her husband have concerns with the following issues: the proximity (40 feet instead of 80 feet) of the Outdoor Classroom "Project Grow" from her backyard deck; view obstruction of 50% of their ocean view if the fence is placed on the ridgeline; and problems with students smoking outdoors near their residence. Gregory Lash, Rancho Palos Verdes, stated that he was in support of the staff recommendation. Laura McSherry, Rancho Palos Verdes, stated that she spoke at the Planning Commission meeting in 2002 regarding the Marymount project noting that she had concerns regarding the geology, San Ramon Canyon, and the parking lot. She noted that the concerns she raised then have become reality, including the following: noise, car alarms, a sound tunnel effect that carries students' voices to her residence, and lighting issues. She expressed concern that the neighbors adjacent to the University cannot enjoy their backyards. Diane Smith, Rancho Palos Verdes, stated that she has been a neighbor of Marymount for 35 years and raised concerns regarding the following issues which have affected her backyard ambience and view: brightness of the parking lot lights, noise, trash, cigarettes and smoking, Project Grow (a public garden) near the residences adjacent to Marymount California University, and leaking pipes saturating an area in the parking lot. Kathleen Higashi, Rancho Palos Verdes, stated she had concerns regarding the bright lights, noise and trash at the new parking lot at Marymount California University. She stated she was surprised at the brightest of the lights on the parking lot, the lighting from City Council Minutes February 18, 2014 Page 8 of 11 car headlights, and noise from student voices, music, and car alarms. She noted that she was in support of a fence and hedge to alleviate the problems at the site. Michael Brophy, President, Marymount California University, stated that he welcomed the comments received from the neighbors regarding this matter. He added that the University would be discussing the issues with staff in preparation of the April 1, 2014 Council meeting. Discussion ensued among Council Members. Councilwoman Brooks moved, seconded by Mayor Pro Tem Knight, to continue this public hearing to the April 1, 2014 City Council meeting. Without objection, Mayor Duhovic so ordered. REGULAR BUSINESS: City Council Goal-Setting Exercise Dr. Colman, The Closers Group, LLC, reported that the Council has done a fair amount of work over three meetings as they considered and created the Mission Statement, Vision Statement, Core Values Statement and 2014 City Council Goals and Priorities. He added that staff has provided a copy of the Council's Priorities as previously discussed and indicated next to each priority the department to which the item is assigned and suggested due dates for a response to Council. He inquired of the Council if there were any other issues to discuss. Discussion ensued among Council Members and staff. Councilwoman Brooks moved, seconded by Mayor Duhovic, to approve the Mission Statement, Vision Statement, Core Values Statement and 2014 City Council Goals and Priorities, as amended. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Knight, and Mayor Duhovic NOES: None ABSENT: Misetich Banking Services — Bank of the West (Supports 2013 City Council Goal #5 — Government Efficiency, Fiscal Control & Transparency) City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding this item. City Council Minutes February 18, 2014 Page 9 of 11 Director of Finance/IT McLean provided a staff report and PowerPoint presentation regarding this item. Discussion ensued among Council Members, staff, and City Attorney Lynch. Councilwoman Brooks moved, seconded by Mayor Pro Tem Knight, to approve the staff recommendation to: 1) ADOPT RESOLUTION NO. 2014-08, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AUTHORIZING THE MAYOR TO EXECUTE THE UMBRELLA AGREEMENT FOR GENERAL BANKING SERVICES WITH BANK OF THE WEST AND DESIGNATING SIGNATORIES FOR IMPLEMENTATION OF THE UMBRELLA AGREEMENT; and, 2) Approve and direct the Acting City Manager to sign the proposed Exhibits to the Umbrella Agreement between the City and Bank of the West. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Knight, and Mayor Duhovic NOES: None ABSENT: Misetich Adoption of Baseline Memorandum of Understanding between the Rancho Palos Verdes Employees Association and City of Rancho Palos Verdes City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding this item. Labor Negotiator Larson provided a brief report regarding this item. Discussion ensued among Council Members and staff. In response to a question by Mayor Pro Tem Knight, staff noted that the resolution would include the exhibits distributed as part of the late correspondence. Mayor Duhovic moved, seconded by Councilwoman Brooks, to approve the staff recommendation to: ADOPT RESOLUTION NO. 2014-09, AS AMENDED, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO PALOS VERDES AND THE RANCHO PALOS VERDES EMPLOYEES ASSOCIATION. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Knight, and Mayor Duhovic NOES: None ABSENT: Misetich City Council Minutes February 18, 2014 Page 10 of 11 Creation of Sustainable South Bay Transportation and Land Use Implementation Framework Mayor Pro Tern Knight provided background information regarding this item. Discussion ensued among Council Members and staff. Councilman Knight moved, seconded by Mayor Duhovic, to authorize the Mayor to sign a letter of support for the creation of a Sustainable South Bay Transportation and Land Use Implementation Framework. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Knight, and Mayor Duhovic NOES: None ABSENT: Misetich FUTURE AGENDA ITEMS: The following items were raised by Council Members as future agenda items: Review of City Council Policy No. 43 regarding Banking Services Procurement (Knight) Presentation regarding the Coastal Specific Plan (Duhovic) 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 January 21, 2014. ADJOURNMENT: At 10:17 P.M., Mayor Duhovic adjourned the meeting to an Adjourned Regular Meeting to be held at 6:00 P.M. on March 4, 2014 at Hesse Park to conduct interviews of the second group of applicants for the Planning Commission. Mayor Attest: City Clerk W:\City Council Minutes12014120140218 CC MINS.doc City Council Minutes February 18, 2014 Page 11 of 11