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CC MINS 20141216 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING DECEMBER 16, 2014 The meeting was called to order at 6:00 P.M. by Mayor Knight at Fred Hesse Community Park, 29301 Hawthorne Boulevard. RECESS TO CLOSED SESSION: At 6:00 P.M. the meeting was recessed into Closed Session. RECONVENE TO REGULAR SESSION FOR A STUDY SESSION: At 7:06 P.M., Mayor Knight reconvened the meeting to Regular Session for a City Council Study Session. City Council roll'call was answered as follows: PRESENT: Brooks, Campbell, Knight, Misetich, and Mayor Knight ABSENT: None Also present were Carolynn Petru, Acting City Manager; Carol Lynch, City Attorney; Dennis McLean, Director of Finance; Joel Rojas, Community Development Director; Michael Throne, Director of Public Works; Sean Robinson, Human Resources Manager; Dan Landon, Information Technology Manager; and, Carla Morreale, City Clerk. PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA FOR THE STUDY SESSION: None. DISCUSSION TOPICS: Review of Tentative Agendas and 2014 Goals and Priorities Discussion ensued among Council Members and staff regarding items on the upcoming Council Meeting agendas as listed on the Tentative Agendas. Councilman Duhovic moved, seconded by Mayor Pro Tem Brooks, to approve the Tentative Agendas, as presented. The motion passed on the following roll call vote: City Council Minutes December 16, 2014 Page 1 of 12 AYES: Brooks, Campbell, Duhovic, Misetich, and Mayor Knight NOES: None ABSENT: None RECESS AND RECONVENE: Mayor Knight called a brief recess from 7:08 P.M. to 7:11 P.M. REGULAR SESSION: City Council roll call was answered as follows: PRESENT: Brooks, Campbell, Knight, Misetich, and Mayor Knight ABSENT: None Also present were Carolynn Petru, Acting City Manager; Carol Lynch, City Attorney; Dennis McLean, Director of Finance; Joel Rojas, Community Development Director; Michael Throne, Director of Public Works; Nicole Jules, Deputy Director of Public Works; Leza Mikhail, Associate Planner; Sean Robinson, Human Resources Manager; Dan Landon, Information Technology Manager; and, Carla Morreale, City Clerk. Also present: Planning Commission Chairman Gordon Leon PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilman Duhovic. MAYOR'S ANNOUNCEMENTS: Mayor Knight announced that the Finance Advisory Committee (FAC) recruitment has been extended to January 9, 2015 and encouraged interested residents to apply for the openings on the FAC. Mayor Pro Tem Brooks reported on the recent passing of longtime resident Barbara Coe and requested that the meeting be adjourned in her memory. RECYCLE DRAWING: Mayor Knight announced Recyclers of the Month from the December 2, 2014 City Council meeting: Frances M. Hattersley and Tim Foley. 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: City Council Minutes December 16, 2014 Page 2 of 12 Councilwoman Brooks moved, seconded by Councilman Duhovic, to approve the agenda, as presented. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich, and Mayor Knight NOES: None ABSENT: None PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda) David Tomblin, Rancho Palos Verdes, stated that his home was recently burglarized and noted he wanted to make others aware of the increase in crime in the local Peninsula area. Bill James, President, Palos Verdes Seacliff Hills Homeowners Association, Rancho Palos Verdes, stated that he and his neighbors have concerns regarding the recent increase of burglaries in the City. He encouraged the Council to take action regarding crime prevention measures and other possible solutions to curtail crime in the City. CITY MANAGER REPORT: Acting City Manager Petru thanked the City Council and staff for their support during her eleven month tenure as Acting City Manager. She also thanked the community for their support. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding Item E (Palos Verdes Nature Preserve— Renaming Burma Road Trail at Portuguese Bend Reserve) and there were two requests to speak regarding this item. Mayor Knight noted Item E would be heard immediately following the approval of the Consent Calendar. Mayor Pro Tem Brooks moved, seconded by Councilman Duhovic, to approve the Consent Calendar, as amended, with Item E (Palos Verdes Nature Preserve— Renaming Burma Road Trail at Portuguese Bend Reserve) to be heard after the Consent Calendar. The motion passed on the following roll call vote: City Council Minutes December 16, 2014 Page 3 of 12 AYES: Brooks, Campbell, Duhovic, Misetich, and Mayor Knight 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 December 2, 2014 Regular Meeting. Register of Demands ADOPTED RESOLUTION NO. 2014-78, 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. Authorize Program Supplement Agreement and Resolution to Receive Federal Reimbursement for the Miraleste Drive Arterial Roads Rehabilitation Project 1) Approved the Program Supplement Agreement No. N016 for the Miraleste Drive Arterial Roads Rehabilitation Project; 2) ADOPTED RESOLUTION NO. 2014-79, A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF RANCHO PALOS VERDES, APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. N016 FOR FEDERAL FUNDING OF THE MIRALESTE DRIVE ARTERIAL ROADS REHABILITATION PROJECT. Palos Verdes Nature Preserve — Renaming Burma Road Trail at Portuguese Bend Reserve (Supports 2014 City Council Goal — Trail System Enhancement) This item was removed from the Consent Calendar for separate consideration. Award of Contract for the Accessibility Transition Plan Implementation Phase I-A (Supports 2014 City Council Goal, Infrastructure) (Rodriguez) 1) Approved Plans and Specifications for the Accessibility Transition Plan Implementation Phase I-A project; 2) Awarded a construction contract for the Accessibility Transition Plan Implementation Phase I-A project to DASH Construction Company, Inc. in the amount not to exceed $94,400 and authorized staff to spend an additional 10% contingency in the amount of$9,440 for unforeseen conditions for a total City Council Minutes December 16, 2014 Page 4 of 12 authorization of$103,840; and, 3) Authorized the Mayor and City Clerk to execute the construction contract with DASH Construction Company, Inc. Telecommunication Utility User Tax Refund Administrator 1) Approved the following proposed documents: a) Professional Services Agreement for Gilardi & Co, LLC; b) Draft Notice of Telecommunication Utility User Tax Refund Process; and, c) Draft Telecommunication Utility User Tax Refund Claim Form; and, 2) ADOPTED RESOLUTION NO. 2014-80, A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF RANCHO PALOS VERDES, APPROVING OPTIONS FOR CLAIMANT REFUND OF UTILITY USER TAXES COLLECTED BY TELECOMMUNICATION PROVIDERS FROM THE CITY'S TAXPAYERS BETWEEN AUGUST 1, 2013 AND DECEMBER 31, 2014, AND REPEALING RESOLUTION NO. 2014-70. # # # # # # ITEM REMOVED FROM THE CONSENT CALENDAR: Palos Verdes Nature Preserve — Renaming Burma Road Trail at Portuguese Bend Reserve (Supports 2014 City Council Goal —Trail System Enhancement) City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were two requests to speak regarding this item. William Swank, President, Palos Verdes Peninsula Land Conservancy (PVPLC), stated that the PVPLC has the contractual right to provide names for various landmarks and trails in the Preserve as part of Exhibit D of the Preserve Management Agreement. He added that the Hadley family has amended their initial request to retain the name of the trail as Burma Road Trail, with the trail markers and signs acknowledging the donation made by the Hadley family. He clarified that the item before Council was the placement and size of the signs and trail markers in the Preserve. Andrea Vona, Executive Director, PVPLC, stated that she had submitted late correspondence and was available for any Council questions. She confirmed that the Hadley family had modified their initial request, so that the trail in question would continue to be named Burma Road Trail. She highlighted the PVPLC was seeking approval of the desired locations and design of the stone pilaster trail markers in recognition of the Hadley donation. Discussion ensued among Council Members and Ms. Vona. Councilman Duhovic moved, seconded by Mayor Pro Tem Brooks, to approve the staff recommendation, as amended in late correspondence to: 1) As requested by the Palos Verdes Peninsula Land Conservancy (PVPLC), agree to retain the name of"Burma City Council Minutes December 16, 2014 Page 5 of 12 Road Trail" at the Portuguese Bend Reserve to recognize the charitable gift of Arthur and Jeanne Hadley towards management of the City's Preserve; and, 2) Approve the location, size and signage associated with said recognition. The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Misetich, and Mayor Knight NOES: Campbell ABSENT: None PUBLIC HEARINGS: Appeal of Planning Commission's Denial of a Height Variation, Grading Permit and Site Plan Review for a Proposed First and Second Story Addition to the Existing Residence located at 6321 Villa Rosa (Case No. ZON2014-00064) City Clerk Morreale reported that notice of the public hearing was duly published, written protests included in the staff report and late correspondence distributed prior to the meeting, and there were 19 requests to speak regarding the item. Mayor Knight declared the public hearing open. Mayor Knight noted that this is a de novo hearing and a quasi-judicial decision for the Council's consideration. Associate Planner Mikhail provided a detailed staff report and PowerPoint presentation regarding this item, including the following: background information; a comparison of the originally proposed project with that of the revised proposed project; and, the Planning Commission's findings during three public hearings. She summarized the changes to the project through the multiple revisions and noted the request for a fee waiver by the applicant to the Planning Commission. Discussion ensued among Council Members, staff and City Attorney Lynch. RECESS AND RECONVENE: Mayor Knight called a brief recess from 8:19 P.M. to 8:32 P.M. David Moss, Principal, Moss and Associates, speaking on behalf of the appellant, the Hassan Family, provided introductory remarks regarding the proposed project and neighborhood compatibility based on the design, use of materials, ranch-style architectural features, and mitigation of privacy impacts. He stated that the goal this evening was to help the Council make an informed decision regarding neighborhood compatibility with the proposed design of the project. He compared data regarding those opposed to the project vs those who are silent or not opposed and focused his City Council Minutes December 16, 2014 Page 6 of 12 remarks on the compatibility of the home to those in the neighborhood. He opined that the Council should be able to make the compatibility findings based on the following regarding the house: 1) it is situated appropriately on the lot; 2) it does not block views or create visually significant view impacts; 3) the ranch design is not bulky, fancy or flashy; and, 4) it has no overblown chimney heights, balustrades and stone facades typical of mansion style homes. He concluded that he has emphasized to the Hassan family that the home must be built exactly as it has been depicted in the design rendering and plans, including extensive landscaping. Sayed Hassan, Rancho Palos Verdes, stated that he and his wife wish to raise their family at this location and that they have redesigned their home in recognition of the concerns of the neighbors. Lisa Collins, Architectural Artist, Moss and Associates, on behalf of the appellant, stated that she has prepared a photo rendering of the proposed home to design a home that would best fit into the neighborhood, taking into consideration the surrounding homes, neighborhood homes and slope of the street, including general colors in the neighborhood. She stated that she considered the design of the details of the home as it would integrate with the character of the neighborhood. Wilfrido Rodriguez, Architect, Moss and Associates, stated that the design of the home is the lowest profile for a two-story ranch style home which is similar in style to the majority of the homes in the neighborhood. A. Osborne, Rancho Palos Verdes, stated that his parents' home was built two homes away from the proposed home, and noted that he was in support of the new proposed home in the neighborhood. He added that a properly permitted and constructed home, such as this proposed remodel, would improve the value of the neighborhood and the City. He continued that property owners should be able to improve their homes as long as they are in compliance with the rules and regulations of the City. David Hsu, Rancho Palos Verdes, stated that he and his wife are in support of the Planning Commission denial of the project and noted concerns with the mansionization of the neighborhood, parking issues, emergency vehicle ingress and egress in the neighborhood, view and privacy impacts, and bulk and mass of the project. Sam Glenn, Rancho Palos Verdes, stated that he was opposed to the proposed project based on the design impacts on his home, including view impacts. He noted that the character of the neighborhood was one of single-story homes in a single-story neighborhood. William Sheh, Rancho Palos Verdes, stated that he requested the Council to uphold the Planning Commission's denial of the project. He noted that the neighborhood was comprised of predominantly single-story homes on nicely terraced lots, and any variation from that standard would disturb the harmony of the area. He noted he was City Council Minutes December 16, 2014 Page 7 of 12 opposed to the proposed project based on the small lot size, desire to retain open space in the neighborhood, and bulk and mass of the project, which is out of scale with the neighborhood. He added that Villa Rosa is about eight feet narrower than most surrounding streets. Mary Beth Corrado, Rancho Palos Verdes, stated that she has concerns regarding the second story addition for the following reasons: privacy impacts; limitations on open space; view impacts from her home; inconsistencies regarding homes used in the cumulative view analysis; and the small lot size for the proposed home. She commented on neighbors that are opposed to the two-story home addition, noting she gathered signatures of 72 people opposed to the project. She requested denial of the proposed project. Akemichi Yamada, Rancho Palos Verdes, requested the City Council uphold the Planning Commission's denial of the project, based on view impacts, open air and light, neighborhood compatibility, and possible propagation of additional two-story homes in the neighborhood. Kevin Hamilton, Rancho Palos Verdes, stated he was in favor of the Council upholding the Planning Commission's denial of the project based on the cumulative view analysis, that he and another engineer performed, which resulted in a cumulative significant view impact. Vincent Liu, Rancho Palos Verdes, stated that he was in support of the Planning Commission's denial of the project based on the following concerns: bulk and mass of the project, neighborhood compatibility, cumulative view impacts, privacy issues and mansionization. Bob Nelson, Rancho Palos Verdes, stated he was present as an individual and commented on the facts and findings of the Planning Commission. He spoke in favor of the Planning Commission's recommendation to waive the $2,275 appeal fee. Steve Nash, Rancho Palos Verdes, (as reiterated by Associate Planner Mikhail) stated that Mr. Nash was opposed to the project and opined it would decrease the property values in the neighborhood. Jeffrey Lewis, Rancho Palos Verdes, Attorney representing the Hamilton, Corrado, and Sheh families, stated that the seven Planning Commissioners understood this project and did not agree with the proposal. He stated that the photo rendition of the proposed project does not belong in the single story neighborhood, and that it does not illustrate the scale of the home to the neighboring properties. He refuted points raised in the Moss Letter of Appeal. He opined the most important issue raised by the Planning Commission Members was that the home should be designed as a single story or split level home, so that it would be compatible with the neighborhood. He added there was no right to a second story defined in the Municipal Code and instead noted the City City Council Minutes December 16, 2014 Page 8 of 12 encourages the preservation of the existing character of neighborhoods while making reasonable accommodations to the growth of housing stock, as defined in the Neighborhood Compatibility Guidelines. Jim Kohler, Rancho Palos Verdes, stated that he has lived in the neighborhood for over 40 years and noted the following concerns with the proposed project: bulk and mass; this would be the second largest home on the smallest lot in the area; neighborhood compatibility; impacts to views of the ocean; and serious privacy impacts for the adjacent homes. Evelyn Kohler, Rancho Palos Verdes, requested the City Council to uphold the decision of the Planning Commission for denial of the project based on impacts on ocean views and cumulative view impairment, especially for the homes on Alvarez Drive. David Hoenish, Rancho Palos Verdes, stated that years ago the view from his home in 1964 was much different than it is now, as a result of the cumulative view impacts of changes in the heights of roofs and remodels in the neighborhood over the years. He concluded that the homes in this neighborhood are single story homes. Ray Nuber, Rancho Palos Verdes, stated that he was in support of the Planning Commission's denial of the project; commented on the number of signatures gathered in opposition to the proposed project; noted that the one story nature of the neighborhood homes was a cornerstone characteristic of the definition of neighborhood compatibility; opined the remodel would impact the value of his home; and, noted concerns regarding the view impacts from his property. David Moss, in rebuttal, distributed a detailed set of plans that definitively shows the details of the design to clarify the proposed project, as described by the project architect. He commented that the matter before Council was a site specific decision that does not set precedent, noting the findings required are more akin to the types of findings related to a Conditional Use Permit. He noted that the homes in the Los Verdes and East Los Verdes neighborhood were conceived and developed with both one and two-story homes, although originally the majority of homes was single-story based on economics. He stated that although the Planning Commissioners have often noted their preference for single-story or split level homes, the Hassan family cannot live in only a one-story home due to family size and lot restrictions. RECESS AND RECONVENE: Mayor Knight called a recess from 9:54 P.M. to 10:07 P.M. Discussion ensued among Council Members, staff, City Attorney Lynch, Mr. Moss and Mr. Rodriguez. City Council Minutes December 16, 2014 Page 9 of 12 Councilman Duhovic moved, seconded by Councilman Campbell, to continue the meeting to 11:30 P.M. Without objection, Mayor Knight so ordered. Councilman Duhovic moved, seconded by Mayor Pro Tem Brooks, to continue the public hearing to the February 3, 2015 Council meeting, with direction to the applicant to reduce the bulk and mass of the project and livable square footage at their discretion. Councilman Campbell offered an amendment to the motion to waive the appeal fee paid by the applicant. The maker and seconder of the motion accepted the amendment. The motion, as amended, passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich, and Mayor Knight NOES: None ABSENT: None REGULAR BUSINESS: Information Technology (IT) Services Request for Proposal (RFP) Solicitation (Supports 2014 City Council Goal — Government Efficiency, Accountability, Fiscal Control, Transparency and Oversight) Councilman Duhovic moved, seconded by Mayor Pro Tem Brooks, to waive the staff report. Without objection, Mayor Knight so ordered. Councilman Duhovic stated that he has an interest in Information Technology Services and offered to be the City Council representative to the IT Services RFP Evaluation Committee. Councilman Duhovic moved, seconded by Mayor Pro Tem Brooks, to approve staff recommendation with Councilman Duhovic selected as the City Council representative to the IT Services RFP Evaluation Committee to verify that an unbiased and open process was conducted. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich, and Mayor Knight NOES: None ABSENT: None City Council Minutes December 16, 2014 Page 10 of 12 Appointment of City Council Members to Intergovernmental Organizations, Associations and City Subcommittees City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding this item. Discussion ensued among Council Members regarding this item, with the following amendment to the Council Assignment List: Councilman Duhovic and Mayor Knight were selected to serve as the delegates to the Palos Verdes Transit Authority. Councilman Misetich moved, seconded by Mayor Pro Tem Brooks, to approve the staff recommendation, as amended with Councilman Duhovic and Mayor Knight serving as representatives to the Palos Verdes Transit Authority, to: 1) Appoint the members of Council to the various intergovernmental organizations and associations and City Subcommittees; and, 2) Direct staff to notify the various agencies of the Council's decision. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich, and Mayor Knight NOES: None ABSENT: None Contract with New City Manager City Attorney Lynch provided a brief staff report regarding this item and read into the record three amendments to the contract with the new City Manager regarding payment/reimbursement of health benefits, vacation accrual during the first year of employment, and administrative and sick leave notification. Councilman Duhovic moved, seconded by Mayor Pro Tem Brooks, to approve the staff recommendation to approve the contract, as amended, with the new City Manager. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich, and Mayor Knight NOES: None ABSENT: None FUTURE AGENDA ITEMS: The following items were raised by Council Members as future agenda items: Revisit the PVPLC Management Agreement regarding Naming Opportunities (Duhovic) City Council Minutes December 16, 2014 Page 11 of 12 Current Council Ancillary Insurance Coverage (Campbell) CITY COUNCIL ORAL REPORTS: This item was deferred to the next City Council meeting. CLOSED SESSION REPORT: City Attorney Lynch reported of the following Closed Session items: 1) With respect to the Existing Litigation Sharon Yarber, et al v. City of Rancho Palos Verdes, a report was given and no action taken; 2) With respect to the Performance Evaluation of the Deputy City Manager while performing as the Acting City Manager, direction was given with a future agenda item to be brought back; 3) With respect to the employment of the new City Manager, a report was given and no action taken, other than the action taken in the Public Meeting; and, 4) With respect to the Potential Litigation against the City regarding the BKK Landfill, the Council voted unanimously (4-0), with Councilman Misetich absent during this portion of the Closed Session, to authorize the signing of the Third Tolling Agreement. ADJOURNMENT: At 11:39 P.M., Mayor Knight adjourned the meeting in the memory of Barbara Coe. I J' Major Attest: gdfk/ht)W2 City Clerk City Council Minutes12014420141216 CC MINS.doc City Council Minutes December 16, 2014 Page 12 of 12