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CC MINS 20150203 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING FEBRUARY 3, 2015 The meeting was called to order at 7:44 P.M. by Mayor Knight at Fred Hesse Community Park, 29301 Hawthorne Boulevard. City Council roll call was answered as follows: PRESENT: Brooks, Duhovic, Misetich, and Mayor Knight ABSENT: Campbell (excused) Also present were Carolynn Petru, Acting City Manager; Carol Lynch, City Attorney; Joel Rojas, Community Development Director; Michael Throne, Director of Public Works; Cory Linder, Director of Recreation and Parks; Kathryn Downs, Acting Director of Finance; Leza Mikhail, Associate Planner; Sean Robinson, Human Resources Manager; Dan Landon, Information Technology Manager; Kit Fox, Senior Administrative Analyst; and, Carla Morreale, City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilman Duhovic. CEREMONIAL: Mayor Knight recognized Bob Douglas for his many years of service to the City and the Abalone Cove neighborhood by serving on the Abalone Cove Landslide Abatement District Board since 1996 and presented him with Certificate of Appreciation. MAYOR'S ANNOUNCEMENTS: Mayor Knight invited Mayor Pro Tem Brooks to comment on recent changes to the McTaggart Memorial Hall and Council Chambers. Mayor Pro Tem Brooks reported on the recent remodel of McTaggart Memorial Hall and Council Chambers, and noted that a number of items are still to be completed. She thanked the staff members involved in the renovation and thanked the City Council for their support of the improvement project. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Knight announced Recyclers of the Month from the January 6, 2015 City Council meeting: Herschel G. Owens and Helen Andrews. 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. Mayor Knight announced Recyclers of the Month from the January 20, 2015 City Council meeting: Evelyne Berman and Ivan Stevenson. He indicated that all winners receive a check City Council Minutes February 3, 2015 Page 1 of 11 for$250 representing a year of free refuse service and urged everyone to participate in the City's Recycling Program. He noted that in addition to winning the Recycler Drawing, Ms. Berman and Mr. Stevenson had also won a Personal Emergency Preparedness Kit from the City at a value of$60.00. APPROVAL OF THE AGENDA: Mayor Pro Tem Brooks suggested that Item No. 2 (Appointments to the Finance Advisory Committee) be moved up on the agenda to be the first item of regular business after the Consent Calendar. Councilman Duhovic suggested that Item No. 5 (Contract with new City Manager) be considered immediately after Item No. 2. Mayor Pro Tem Brooks moved, seconded by Councilman Misetich, to approve the agenda, as amended, with Item No. 2 (Appointments to the Finance Advisory Committee) and Item No. 5 (Contract with new City Manager) to be considered immediately after the Consent Calendar The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Misetich, and Mayor Knight NOES: None ABSENT: Campbell PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda) Bob Nelson, Rancho Palos Verdes, urged the City Council to explore participation in the World Special Olympic Games which is being hosted in Los Angeles this summer. Laura Walters, Gardena, Los Angeles County Fire Department, reminded residents of the need to regularly test smoke detectors; and noted the importance of making sure that flammable items are at least 3 feet from fireplaces or space heaters, and fires are extinguished and space heaters turned off when leaving a room. She added that sandbags were available at every Los Angeles County Fire Station. CITY MANAGER REPORT: Acting City Manager Petru thanked specific staff members involved in the recent renovations of McTaggart Memorial Hall and Council Chambers, noting it was a real team effort. She provided comments regarding the new wireless speaker timer in the Council Chambers to assist the speaker with visual and auditory cues while keeping the Council informed as to the countdown of the speaker's time. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that late correspondence regarding Item G (Palos Verdes Nature Preserve— Recordation of Deed Restrictions Pursuant to the Habitat Conservation Fund Grant) and there were requests to speak regarding Item G and Item K (Authorization to Use the City's City Council Minutes February 3, 2015 Page 2 of 11 View Restoration Mediator to Assist with an Appeal of Fence/Wall Permit Decisions - Project Address: 29023 Sprucegrove Drive; Applicant: Mr. & Mrs. Hesser/Appellant: Mr. & Mrs. Shahbazian). Councilman Duhovic requested that Item G be removed from the Consent Calendar for separate consideration. Mayor Pro Tem Brooks moved, seconded by Councilman Misetich, to approve the Consent Calendar, with Item G (Palos Verdes Nature Preserve— Recordation of Deed Restrictions Pursuant to the Habitat Conservation Fund Grant) and Item K (Authorization to Use the City's View Restoration Mediator to Assist with an Appeal of Fence/Wall Permit Decisions - Project Address: 29023 Sprucegrove Drive) removed from the Consent Calendar and to be heard immediately after the Consent Calendar. The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Misetich, and Mayor Knight NOES: None ABSENT: Campbell 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 11, 2014 Special Meeting; December 16, 2014 Regular Meeting; January 6, 2015 Regular Meeting; January 13, 2015 Special Meeting; January 18, 2015 Special Meeting; January 20, 2015 Regular Meeting; and, January 27, 2015 Special Meeting. Border Issues Status Report Received and filed the current report on the status of Border Issues. Register of Demands ADOPTED RESOLUTION NO. 2015-06, 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. November 2014 Monthly Report of Cash Balances Received and filed the November 2014 Monthly Report of Cash Balances for the City of Rancho Palos Verdes. December 2014 Monthly Report of Cash Balances City Council Minutes February 3, 2015 Page 3 of 11 Received and filed the December 2014 Monthly Report of Cash Balances for the City of Rancho Palos Verdes. Palos Verdes Nature Preserve—Recordation of Deed Restrictions Pursuant to the Habitat Conservation Fund Grant(Supports 2014 City Council Goals—Trail System Enhancement and Citizen Involvement& Public Outreach) This item was removed from the Consent Calendar for separate consideration. Household Hazardous and Electronic Waste Collection Program Site Liability Agreement with County of Los Angeles Authorized the Mayor and City Clerk to execute the attached 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. Traffic Safety Committee Work Plan Approved the attached 2015-16 Work Plan for the Traffic Safety Committee (TSC). Vehicle Procurement Authorized the Director of Public Works to execute a purchase contract with National Auto Fleet Group in the amount of$36,391.47 for the purchase of one 2015 Ford Super Duty F350 DRW, 4WD Crew Cab 172" XL. Authorization to Use the City's View Restoration Mediator to Assist with an Appeal of Fence/Wall Permit Decisions (Case Nos. ZON2014-00202 &ZON2014-00415); Project Address—29023 Sprucegrove Drive; Applicant: Mr. & Mrs. Hesser/Appellant: Mr. & Mrs. Shahbazian This item was removed from the Consent Calendar for separate consideration. ITEM(S) REMOVED FROM THE CONSENT CALENDAR: Palos Verdes Nature Preserve— Recordation of Deed Restrictions Pursuant to the Habitat Conservation Fund Grant(Supports 2014 City Council Goals—Trail System Enhancement and Citizen Involvement& Public Outreach) City Clerk Morreale reported that Councilman Duhovic requested this item be removed from the Consent Calendar and there was one request to speak regarding this item. Andrea Vona, Executive Director, Palos Verdes Peninsula Land Conservancy (PVPLC), stated that she was present to answer any questions of the Council. City Council Minutes February 3, 2015 Page 4 of 11 Councilman Duhovic inquired as to the differences between the current restrictions on the Preserve property and the proposed Deed Restrictions as they relate to the Habitat Conservation Fund Grant. Community Development Director Rojas and City Attorney Lynch explained the differences, noting that the deed restrictions do not restrict the City from performing any work that might be necessary on its properties due to landslide issues, and which is consistent with the Natural Community Conservation Planning (NCCP). Community Development Director Rojas added that the deed restriction is that the property has to be used for recreational purposes for 20 years, whereas the conservation easement on the properties prohibit all development activity into perpetuity. City Attorney Lynch reiterated that the deed restrictions actually enhance public access where the trails and trail markers are placed. Discussion ensued among Council Members and staff. Mayor Pro Tem Brooks moved, seconded by Councilman Misetich, to: Authorize the Community Development Director to sign and record Deed Restrictions on the properties that make up the Palos Verdes Nature Preserve as required by the California Department of Parks and Recreation for the 2012 Habitat Conservation Fund grant awarded to City for trail improvements and habitat restoration. The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Misetich, and Mayor Knight NOES: None ABSENT: Campbell Authorization to Use the City's View Restoration Mediator to Assist with an Appeal of Fence/Wall Permit Decisions (Case Nos. ZON2014-00202 &ZON2014-00415); Project Address—29023 Sprucegrove Drive; Applicant: Mr. & Mrs. Hesser/Appellant: Mr. & Mrs. Shahbazian City Clerk Morreale reported that there were three requests to speak regarding this item. Cyrus Shahbazian, stated that there have been conflicts with their next door neighbor regarding the height of a fence and provided a recap of the issues. He noted that one of the primary attractions of Rancho Palos Verdes is the views, noting the Municipal Code addresses the protection of views and balancing the need for privacy with that of the right to a view. Vicky Shahbazian, stated that the Shahbazian's were willing to mediate and work out a compromise in this matter in order to preserve their view as well as have the Hesser's view preserved while the Hesser's obtain some privacy. Ms. Shahbazian noted that they were always willing to be open to a compromise. Hossein Shahbazian, stated that they have lost their view and fence since the staff did not follow the City ordinances regarding the views. Mayor Pro Tem Brooks moved, seconded by Councilman Duhovic, to approve the staff recommendation to: Take no action to amend the View Restoration Mediator's contract as both City Council Minutes February 3, 2015 Page 5 of 11 parties involved with this matter believe that mediation would not be beneficial, thereby allowing the Planning Commission to continue with its consideration of the Fence/Wall Permit application appeal. The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Misetich, and Mayor Knight NOES: None ABSENT: Campbell REGULAR BUSINESS: Appointments to the Finance Advisory Committee Mayor Knight suggested that this item be continued to the February 17, 2015 Council meeting, so that Councilman Campbell would have the opportunity to conduct interviews of the applicants and participate in the selection of the Finance Advisory Committee members. Discussion ensued among Council Members. Mayor Pro Tem Brooks moved, seconded by Councilman Misetich, to continue this item to the February 17, 2015 Council meeting, so that Councilman Campbell would have the opportunity to conduct interviews of the applicants and participate in the selection of the Finance Advisory Committee members. The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Misetich, and Mayor Knight NOES: None ABSENT: Campbell Contract with New City Manager City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding this item. City Attorney Lynch provided a brief staff report regarding this item. She read into the record the following clarification to the agreement, suggested by Councilman Duhovic: "Section 2 (B) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the COUNCIL to terminate the services of EMPLOYEE at any time for cause, or without cause upon ninety (90) days advance written notice, subject only to the provisions set forth in Section 4, paragraphs A, B and D of this Agreement." She noted that Mr. Willmore was present and had advised her that he was prepared to execute the agreement. Douglas Willmore, new City Manager, stated he was pleased to be joining the City soon. He noted he was looking forward to meeting the residents, becoming a part of the community, and making government accessible to as many residents as possible. City Council Minutes February 3, 2015 Page 6 of 11 Councilman Duhovic moved, seconded by Mayor Pro Tern Brooks, to approve the contract with the new City Manager. The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Misetich, and Mayor Knight NOES: None ABSENT: Campbell RECESS AND RECONVENE: Mayor Knight called a brief recess from 8:39 P.M. to 8:51 P.M. REORDER OF THE AGENDA: Mayor Knight suggested that the Council consider Item No. 4 (Review of Draft City Council Policy— Designation of Qualified Historic Buildings or Properties) at this time since it was anticipated to be a short item. Mayor Pro Tern Brooks moved, seconded by Councilman Duhovic, to reorder the agenda to consider Item No. 4 (Review of Draft City Council Policy— Designation of Qualified Historic Buildings or Properties) at this time. Without objection, Mayor Knight so ordered. Review of Draft City Council Policy (Designation of Qualified Historic Buildings or Properties) Senior Administrative Analyst Fox provided a brief staff report regarding this item. Discussion ensued among Council Members, staff, and City Attorney Lynch. Councilman Duhovic recommended that "Resources" as noted in the document should be defined as qualified historic buildings or properties. Discussion ensued among Council Members, staff, and City Attorney Lynch. Mayor Pro Tern Brooks moved, seconded by Councilman Duhovic, to approve the staff recommendation to: Approve the proposed City Council Policy, as amended, via Minute Order. The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Misetich, and Mayor Knight NOES: None ABSENT: Campbell PUBLIC HEARINGS: City Council Minutes February 3, 2015 Page 7 of 11 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 this public hearing was continued from December 16, 2014, late correspondence was distributed prior to the meeting, and there were 10 requests to speak regarding this item. Mayor Knight noted that since this public hearing had been considered in December and due to the number of requests to speak, he would limit each speaker's time to two minutes. Associate Planner Mikhail provided a staff report regarding this item. Mayor Knight noted that there was a correction to be made that there was a reduction from four balconies to one balcony. Sam Hassan, owner/appellant, Rancho Palos Verdes, stated that he appreciated Council and staff time in reviewing their proposed addition, which has been through multiple redesigns including the reduction of square footage to protect privacy and maintain the view lines designated by the City. He noted that his engineer has taken all of the comments from the last meeting and incorporated the changes in the new revised plan; and he and his family were motivated to begin the project. Wilfrido Rodriguez, architect/engineer, Rancho Palos Verdes, provided an overview of the proposed single family residence project. He noted that during the course of the project, the proposed plans were redesigned to reduce the bulk and mass of the structure, incorporating architectural considerations of the neighborhood; reduce building and roof height to protect views; and eliminate square footage of both floors, with windows modified and balconies reduced from four to one to protect the privacy of neighboring structures. He summarized that the comments provided by Council in December were incorporated into the revised plans to reduce the square footage an additional 265 square feet; reduce the number of balconies to one; increase the east side yard setback to 11.7 feet; and move the HVAC unit from the side yard to the rear of the property. Ray Nuber, Rancho Palos Verdes, commented on his involvement in community activities for years, noting he was one of more than 60 residents who is opposed to the proposed project. He opined that the plans are not compatible with the neighborhood character and have not reduced the view impacts to a level of insignificance. He stated the proposed project is large and there are concerns with the height which could be addressed with the design of a split level style home. Vincent Liu, Rancho Palos Verdes, stated he has lived in and been involved in the community for years. He noted he has reviewed the design and expressed his support for a single story design proposed by Mr. Yamada as this design would meet the City standard in total allowable square footage and eliminate concerns expressed by the neighbors regarding a height variation. David Hoenish, Rancho Palos Verdes, stated in support of reversal of the City Council's decision on December 16, 2014, to allow for the expansion of the proposed addition to the residence. He added that the residents in the area are opposed to the proposed project, which City Council Minutes February 3, 2015 Page 8 of 11 he opined was in direct conflict with Proposition M, which was passed to protect the views of the residents and not allow mansionization. Jeffrey Lewis, counsel for the Hamilton, Carado and Sheh families, Rancho Palos Verdes, stated if the proposed project was approved it would increase the ability for additional homes through the neighborhood compatibility process to qualify for a second story larger home. He commented on the necessary findings that Council would need to make regarding no cumulative view impairment and neighborhood compatibility. Kevin Hamilton, Rancho Palos Verdes, provided comments regarding his involvement with the City and community. He noted that he and Mr. Hassan have met on several occasions to discuss the proposed project and expressed his opinion that the neighborhood would look more favorably on a single story addition even if it required a lot coverage variance. He opined that there are significant cumulative view impacts based on his quantitative analysis of the issue. William Sheh, Rancho Palos Verdes, stated his home is next door to the proposed project and commented on his desire to raise his family in this wonderful community with wide open space and excellent schools. He added this was not the neighborhood for a two-story house, noting he has improved his home but maintained the exterior which is modest and in character with the neighborhood. He added that 60 people in the neighborhood are in opposition to the two-story proposed project and encouraged the Council to uphold the Planning Commission denial of the project. Akemichi Yamada, Rancho Palos Verdes, stated that he recommended a single-story design for the proposed project, allowing for a 3,000 square foot home by utilizing a lot coverage variance and pointed out other homes in the neighborhood which were increased in size using a single- story design. He encouraged the use of a single-story design which would eliminate problems of compatibility, bulky appearance, blocked views and privacy issues. Steve Nash, Rancho Palos Verdes, stated he was a real estate appraiser for 34 years and commented on homes which generally do not conform to neighborhood compatibility and the impact on other home values. He noted that the proposed project would have a negative impact on values due to the design and he encouraged the Council to accept the findings of the Planning Commission. Wilfrido Rodriguez, in rebuttal for the appellant, stated that they have tried to address the concerns of the neighbors by redesigning the proposed project multiple times to reduce the size of the project and address neighborhood compatibility and concerns regarding the height, architectural design, view and privacy impacts, and the bulk and mass of the home. Discussion ensued among Council Members, staff, and City Attorney Lynch. Mayor Pro Tern Brooks moved to approve the appeal of the application with the changes as noted by staff regarding the reduction in balconies to be made on the plans. Associate Planner Mikhail read into the record the following changes to the resolution: In the second to last Whereas, there was the addition of a fifth element to read "5) the HVAC system was relocated from the west side yard to the rear yard;" with a condition of approval to memorialize the relocation of the HVAC system which reads "Pursuant to the plans approved by City Council Minutes February 3, 2015 Page 9 of 11 the City Council, the HVAC mechanical equipment shall be relocated from the west side yard to the rear yard of the property." Mayor Knight declared the Public Hearing closed. Mayor Pro Tem Brooks moved, seconded by Councilman Duhovic, to approve the appeal of the application, with the changes noted by staff, and recommendation to: ADOPT RESOLUTION NO. 2015-07, AS AMENDED, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING AN APPEAL BY THE APPLICANT TO OVERTURN THE PLANNING COMMISSION'S DECISION, THEREBY APPROVING A HEIGHT VARIATION, GRADING PERMIT, AND SITE PLAN REVIEW (CASE NO. ZON2014-00064) TO ALLOW THE CONSTRUCTION OF A NEW ONE AND TWO-STORY ADDITION TO THE RESIDENCE LOCATED AT 6321 VILLA ROSA. The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Misetich, and Mayor Knight NOES: None ABSENT: Campbell REGULAR BUSINESS: Classification/Compensation Study City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding this item. Human Resources Manager Robinson provided introductory remarks regarding this item and invited Georg Krammer, Koff and Associates to provide his presentation regarding the Classification and Compensation Study. Georg Krammer, Koff and Associates, provided an overview of the process used to conduct the Classification and Compensation Study and outlined the multi-step process including the gathering and analysis of data from comparative agencies, and outreach to staff to include the completion of questionnaires, interviews of employees, and employee review and comments regarding the draft class descriptions and class allocations. Discussion ensued among Council Members, Mr. Krammer, staff, and City Attorney Lynch. Councilman Duhovic requested analytical data be provided regarding calculations for negotiations, with Tier 1 as a point of comparison. Councilman Misetich moved, seconded by Mayor Pro Tem Brooks, to continue the meeting until 11:00 P.M. Without objection, Mayor Knight so ordered. Councilman Duhovic moved, seconded by Mayor Pro Tem Brooks, to continue the Classification and Compensation Study item to a Council meeting in March, with direction to Koff and City Council Minutes February 3, 2015 Page 10 of 11 Associates to provide additional requested data in advance of the meeting. The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Misetich, and Mayor Knight NOES: None ABSENT: Campbell FUTURE AGENDA ITEMS: The following item was raised by a Council Member as a future agenda item: Wireless Antenna Ordinance (Knight) CITY COUNCIL ORAL REPORTS: Mayor Knight suggested that each Council Member provide a written submittal of his/her City Council Oral Report covering the period since the last City Council Oral Reports were provided on November 18, 2014 to the present. He noted these reports should be submitted to the City Clerk and they will be placed on the City's website. CLOSED SESSION REPORT: City Attorney Lynch reported that with respect to the Conference with Labor Negotiator, discussion occurred and no action was taken. ADJOURNMENT: At 10:47 P.M., Mayor Knight adjourned the meeting. ayor Attest: / l /, City Clerk W:\City Council Minutes\2015\20150203 CC MINS.doc City Council Minutes February 3, 2015 Page 11 of 11