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CC DM 20150901 B - 20150804 CC MINS DRAFTDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING AUGUST 4, 2015 The meeting was called to order at 6:00 P.M. by Mayor Knight at Fred Hesse Community Park, 29301 Hawthorne Boulevard and was immediately recessed into Closed Session. The meeting reconvened at 7:09 P.M. City Council roll call was answered as follows: PRESENT: Brooks, Campbell, Misetich, and Mayor Knight ABSENT: Duhovic* (excused) *Councilman Duhovic was available to participate in the meeting via teleconference as identified on the agenda, but was unable to participate due to technical difficulties. Also present were Doug Willmore, City Manager; Carolynn Petru, Deputy City Manager; Carol Lynch, City Attorney; Joel Rojas, Community Development Director; Michael Throne, Director of Public Works; Cory Linder, Director of Recreation and Parks; Deborah Cullen, Director of Finance; Ara Mihranian, Deputy Community Development Director; Dan Landon, Information Technology Manager; Kit Fox, Senior Administrative Analyst; Melissa Countryman, Senior Engineer; Daniel Trautner, Recreation Services Manager; Nadia Carrasco, Assistant Engineer; Sean Robinson, Human Resources Manager; and, Carla Morreale, City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tem Brooks. MAYOR'S ANNOUNCEMENTS: Mayor Knight reported on his attendance with City Manager Willmore at a recent meeting with California Water Service where an update was provided regarding water conservation measures, and noted the Peninsula cities reduced water usage by 35%. He also reported that he has been working with the South Bay Cities Council of Governments to secure Measure R funding for the Western Avenue Design Guidelines. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Knight announced Recyclers of the Month from the July 21, 2015 City Council meeting: Gerry Marcia and Harold Goodman. He indicated that all winners receive a check for $250 representing a year of free refuse service and urged everyone to Draft City Council Minutes August 4, 2015 Page 1 of 12 participate in the City's Recycling Program. He noted that in addition to winning the Recycler Drawing, the two individuals had also won a Personal Emergency Preparedness Kit from the City at a value of $60.00. APPROVAL OF THE AGENDA: Councilman Misetich suggested that Item No. 3 (Adoption of the Peafowl Management Plan) be considered as the second item of Regular Business, due to the number of residents present to speak regarding that matter. Councilman Misetich moved, seconded by Mayor Pro Tem Brooks, to approve the agenda, as amended, with Item No. 3 (Adoption of the Peafowl Management Plan) as the second item of Regular Business. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Misetich, and Mayor Knight NOES: None ABSENT: Duhovic PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda) Margie Beierschmitt, Executive Director, Peninsula Seniors, Rancho Palos Verdes, introduced herself as the new Executive Director for the Peninsula Seniors and provided comments regarding the importance of the continuance of filming and local broadcasting of the City Council and Planning Commission meetings for transparency to the community. Richard Hess, Rancho Palos Verdes, provided comments regarding trash, bottles, cans, and cannabis remnants that have been thrown in the Mossbank Canyon, noting that there was a fire started in the canyon recently; and requested the City Council taken action regarding this problem. Sharon Loveys, Vista Verde Owners Association, provided comments regarding Green Hills Memorial Park and the manner in which the notification process was handled in the past for the approval of the Green Hills Memorial Park Master Plan. Dave Emenhiser, President, Sea Bluff Homeowners Association (HOA), Rancho Palos Verdes, commented on the trimming of vegetation that was currently being conducted along Palos Verdes Drive South adjacent to the Sea Bluff HOA. He noted the trimming was referred to as roadside view restoration and inquired if this was the correct time to be performing the foliage trimming. CITY MANAGER REPORT: Draft City Council Minutes August 4, 2015 Page 2 of 12 None. CONSENT CALENDAR: City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding Item C (Border Issues Status Report); Item E (Adoption of Ordinance No. 572 — Approving a Zone Change from Open Space Hazard to Single -Family Residential 2 Dwelling Units per Acre for a Portion of a Property Located at 10 Chaparral Lane; and Item J (Authorizing Resolution for the California Cultural and Historical Endowment Museum Grant Program for the Point Vicente Interpretive Center Lighthouse Lens Exhibit); and there was one request to speak regarding Item E. Mayor Pro Tem Brooks requested, on behalf of Councilman Duhovic, that Item G (Approval of a One -Year License Agreement between the City and the Portuguese Bend Cooperative Nursery School) be removed from the agenda and continued to the August 18, 2015 City Council meeting. Mayor Pro Tem Brooks moved, seconded by Councilman Misetich, to approve the Consent Calendar, as amended, with Item E (Adoption of Ordinance No. 572 — Approving a Zone Change from Open Space Hazard to Single -Family Residential 2 Dwelling Units per Acre for a Portion of a Property Located at 10 Chaparral Lane) to be heard immediately after the Consent Calendar, and Item G (Approval of a One -Year License Agreement between the City and the Portuguese Bend Cooperative Nursery School) removed from the agenda and continued to the August 18, 2015 City Council meeting. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Misetich, and Mayor Knight NOES: None /_1 *94►1161111111111111111119011STOW1 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. Register of Demands ADOPTED RESOLUTION NO. 2015-73, 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. Border Issues Status Report Draft City Council Minutes August 4, 2015 Page 3 of 12 Received and filed the current report on the status of Border Issues. June 2015 Monthly Report of Cash Balances Received and filed the June 2015 Monthly Report of Cash Balances for the City of Rancho Palos Verdes. Adoption of Ordinance No. 572 — Approving a Zone Change from Open Space Hazard to Single -Family Residential 2 Dwelling Units per Acre for a Portion of a Property Located at 10 Chaparral Lane (Case No. ZON2014-00143) This item was removed from the Consent Calendar for separate consideration. Support for Sustainable Funding of State and Local Transportation Infrastructure (Supports 2014 City Council Goal - Infrastructure) 1) ADOPTED RESOLUTION NO. 2015-74, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, URGING THE STATE TO PROVIDE NEW SUSTAINABLE FUNDING FOR STATE AND LOCAL TRANSPORTATION INFRASTRUCTURE; and, 2) Authorized the City Manager to join the Fix Our Roads Coalition on behalf of the City. Approval of a One -Year License Agreement between the City and the Portuguese Bend Cooperative Nursery School This item was removed from the agenda and continued to the August 18, 2015 Council meeting. Claim Against the City by Hossein Shahbazian Rejected the claim and directed staff to notify the claimant. Adoption of Ordinance No. 573 — Amending Chapter 15.20 (Moratorium on Land Use Permits) of the Rancho Palos Verdes Municipal Code to Establish an Exception Category to Allow the Construction of Barns or other Similar Non - Habitable Structures to be used for the Sole Purpose of Housing Animals ADOPTED ORDINANCE NO. 573, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, ADOPTING AMENDMENTS TO CHAPTER 15.20 (MORATORIUM ON LAND USE PERMITS) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO ESTABLISH AN EXCEPTION CATEGORY ('R') TO ALLOW THE CONSTRUCTION OF BARNS, OR OTHER SIMILAR NON -HABITABLE STRUCTURES, USED FOR THE SOLE PURPOSE OF HOUSING ANIMALS WITHIN THE CITY'S LANDSLIDE MORATORIUM AREA. Draft City Council Minutes August 4, 2015 Page 4 of 12 Authorizing Resolution for the California Cultural and Historical Endowment Museum Grant Program for the Point Vicente Interpretive Center Lighthouse Lens Exhibit ADOPTED RESOLUTION NO. 2015-75, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, THEREBY AUTHORIZING THE CITY MANAGER AND/OR HIS DESIGNEE(S) TO SUBMIT AN APPLICATION FOR THE CALIFORNIA CULTURAL & HISTORICAL ENDOWMENT (CCHE) MUSEUM GRANT PROGRAM TO FUND THE INSTALLATION OF THE HISTORIC 1886 3rd -ORDER FRESNEL LENS FROM THE POINT VICENTE LIGHTHOUSE AT THE POINT VICENTE INTERPRETIVE CENTER. Professional Services Agreements for RPVty Personnel (Supports 2014 City Council Goal: Government Efficiency, Accountability, Fiscal Control, Transparency and Oversight) Authorized the Mayor and City Clerk to sign Professional Services Agreements with Mark Doddy, Station Manager; Maria Serrao, Producer; and, Rocco Sigona, Associate Producer, to provide television duties for RPVty. Final Vesting Tract Map No. 68796 (a 28 -Unit, Condominium Subdivision located at 28220 Highridge; Applicant: Cal Coast) 1) Approved and authorized the Mayor and City Clerk to execute and record the Affordable Housing Agreement substantially in the form attached to this report; 2) Approved and authorized the Mayor and City Clerk to execute and record the Subdivision Improvement Agreement substantially in the form attached to this report; and, 3) Approved Final Tract Map No. 68796. Application for Leave to File Late Claims — Nine Claims Against the City by Residents of the Vista Verde Condominium Project in the City of Lomita relating to Development at Green Hills Memorial Park Rejected the Application for Leave to File Late Claims and directed Staff to notify the claimants. ITEM(S) REMOVED FROM THE CONSENT CALENDAR: Adoption of Ordinance No. 572 — Approving a Zone Change from Open Space Hazard to Single -Family Residential 2 Dwelling Units per Acre for a Portion of a Property Located at 10 Chaparral Lane (Case No. ZON2014-00143) Draft City Council Minutes August 4, 2015 Page 5 of 12 City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there was one request to speak regarding this item. Minas Yerelian, Rancho Palos Verdes, provided comments regarding the property rights of the previous property owner of 10 Chaparral Lane vs the current owner and commented on the zoning change of the property. Mayor Pro Tem Brooks moved, seconded by Councilman Misetich, to: ADOPT ORDINANCE NO. 572, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, AMENDING THE ZONING MAP OF THE CITY OF RANCHO PALOS VERDES FOR A PORTION OF 10 CHAPARRAL LANE FROM OPEN SPACE HAZARD (OH) TO SINGLE-FAMILY RESIDENTIAL 2 DWELLING UNITS PER ACRE (RS -2). The motion passed on the following roll call vote: AYES: Brooks, Campbell, Misetich, and Mayor Knight NOES: None ABSENT: Duhovic PUBLIC HEARINGS: Knoll View Drive - 2nd Appeal of a Height Variation, Grading Permit, Extreme Slope Permit and Site Plan Review for a New Residence on a Vacant Property (Case No. ZON2011-00280) [Continued from May 5, 2015] City Clerk Morreale reported that this public hearing was continued from the May 5, 2015 City Council Meeting, written protests included with the staff report, and there was one request to speak regarding this item. Community Development Director Rojas provided a staff report and PowerPoint presentation regarding this item. Discussion ensued among Council Members and staff. Stan Denis, Rolling Hills Estates, stated that he has spoken with the applicant and his attorney for the project, noting he was in agreement with the revised project; and requested that the conditions be modified to require the applicant to maintain the foliage on the north and east property lines. Amir Esfahani, applicant, stated that he was in agreement with the addition to the condition regarding the maintenance of the trees. Mayor Knight declared the public hearing closed. Draft City Council Minutes August 4, 2015 Page 6 of 12 Discussion continued among Council Members, staff, and City Attorney Lynch. Mayor Pro Tem Brooks moved, seconded by Councilman Misetich, to approve the staff recommendation to: ADOPT RESOLUTION NO. 2015-76, AS AMENDED, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, GRANTING AN APPEAL AND CONDITIONALLY APPROVING A MODIFIED HEIGHT VARIATION, GRADING PERMIT, EXTREME SLOPE PERMIT, AND SITE PLAN REVIEW (CASE NO. ZON2011-00280), FOR THE CONSTRUCTION OF A NEW 4,620 SQUARE FOOT, TWO-STORY RESIDENCE WITH 466 CUBIC YARDS OF ASSOCIATED GRADING ON A VACANT LOT (APN 7566-006-018) LOCATED ON KNOLL VIEW DRIVE. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Misetich, and Mayor Knight NOES: None ABSENT: Duhovic Adoption of the Peafowl Management Plan 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 9 requests to speak regarding this item. Mayor Knight declared the public hearing open. Deputy Community Development Director Mihranian provided a staff report and PowerPoint presentation regarding this item. Discussion ensued among Council Members, staff, and City Attorney Lynch. Robert Lindholm, stated he was opposed to the staff recommendation and provided comments regarding the history of peafowl on the Peninsula. He noted that the peafowl are noisy and dirty, and opined on the use of OvaControl birth control methods for the peafowl. Carol Mueller, Rancho Palos Verdes, stated she is in support of the Peafowl Management Plan as the peafowl have ruined her roof. She noted that peafowl do not like cactus, so she has planted cactus in her yard. Melinda Barth, Rancho Palos Verdes, played an audio tape of peafowl and noted that she is constantly awoken by the noisy birds resulting in many sleepless nights. She commented that 6-12 chicks can be born each year and noted she was in favor of the staff recommendation. Draft City Council Minutes August 4, 2015 Page 7 of 12 Chris Engen, Rancho Palos Verdes, stated that residents in the Sunnyside Ridge area have a problem with a proliferation of peafowl and commented on the problems with speeding traffic and as well as peafowl in the streets in that area. Mike Rosiak, Rancho Palos Verdes, stated he was opposed to the Peafowl Management Plan. He noted he appreciates the sound and look of the peafowl in his neighborhood, and noted he was opposed to the trapping of the birds. Anke Raue, Rancho Palos Verdes, thanked Councilwoman Brooks for raising this issue for Council consideration after hearing from the residents; stated that she was in support of the staff recommendation; and expressed her appreciation with the Council addressing the desperate situation. Holly Cain, Rancho Palos Verdes, spoke in support of the staff recommendation and asked if there could be a process to address a specific problem in a particular area, even after trapping. Sandra Sandoval, stated that she is not seeing many peafowl in her neighborhood, and noted that she and another neighborhood family, the Greenwood's, are not opposed to the peafowl in their area. Mayor Knight declared the public hearing closed. Discussion ensued among Council Members and staff. Mayor Pro Tem Brooks moved, seconded by Councilman Misetich, to: 1) ADOPT RESOLUTION NO. 2015-77, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING A NEGATIVE DECLARATION THEREBY FINDING THAT THERE WILL BE NO SIGNIFICANT ENVIRONMENTAL IMPACT WITH THE ADOPTION AND IMPLEMENTATION OF THE CITY'S PEAFOWL MANAGEMENT PLAN; 2) Approve the Peafowl Management Plan which, among other things, will allow the trapping of up to 150 peafowl every year; 3) Direct Staff to proceed with the humane trapping of peafowl within the five neighborhoods identified in the Peafowl Management Plan (Plan); and, 4) Direct staff to research OvaControl birth control program for the peafowl and return to Council with the viability of its use in the future. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Misetich, and Mayor Knight NOES: None ABSENT: Duhovic RECESS AND RECONVENE: Draft City Council Minutes August 4, 2015 Page 8 of 12 Mayor Knight called a brief recess from 8:43 P.M. to 8:55 P.M. Establish Permit Parking on Channelview Court (Supports 2014 City Council Goals- Infrastructure and Citizen Involvement and Public Outreach) City Clerk Morreale reported that notice of the public hearing was duly published, no written protests were received, late correspondence was distributed prior to the meeting, and there were three requests to speak regarding this item. Mayor Knight declared the public hearing open. Senior Engineer Countryman introduced the item and Assistant Engineer Nadia Carrasco presented the staff report and PowerPoint presentation. Discussion ensued among Council Members and staff. Dave Emenhiser, applicant and President, Sea Bluff HOA, Rancho Palos Verdes, provided comments and photographs in a PowerPoint, and spoke in support of the staff recommendation, noting that the increase in parking on the streets in the HOA was initially caused by Terranea employees parking in the area, but currently guests and visitors of the Terranea Resort are parking on the street. He noted that Terranea Resort has made great strides resulting in the curtailing of employee parking on Channelview Court, but noted that the guests of the Terranea Resort are using the streets as overflow parking to avoid the cost of parking at the resort. Greg Lund, Sea Bluff HOA Board Member, Rancho Palos Verdes, stated that he lives on Channelview Court, commented on Terranea employees parking on the street, and noted that the parking problem has increased over time due to the increase in the parking fee at Terranea Resort. Bob Nelson, Rancho Palos Verdes, provided comments regarding the increase of parking problems on the weekends. He stated that the City allowing employees of the Terranea Resort to park at City Hall has improved the employee parking problems; however, he noted that when employees were late for work, they park on the streets close to the Terranea Resort. Mayor Knight declared the public hearing closed. Discussion ensued among Council Members. Mayor Pro Tem Brooks moved, seconded by Councilman Misetich, to approve the staff recommendation to: ADOPT RESOLUTION NO. 2015-78, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING A Draft City Council Minutes August 4, 2015 Page 9 of 12 COASTAL PERMIT (CASE NO. ZON2015-00348) TO ESTABLISH PERMIT PARKING ON CHANNELVIEW COURT. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Misetich, and Mayor Knight NOES: None ABSENT: Duhovic REGULAR BUSINESS: Joint Tax Transfer Resolution Related to "City of Rolling Hills Reorganization No. 2013-04" for the Detachment of a 0.18 -Acre Portion of the Public Right -of -Way of Crenshaw Boulevard from the City of Rolling Hills, and the Annexation of Said Public Right -of -Way to the City of Rancho Palos Councilman Misetich moved, seconded by Mayor Pro Tem Brooks, to waive the staff report and approve the staff recommendation to: ADOPT THE JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES; THE CITY COUNCIL OF THE CITY OF ROLLING HILLS; THE CITY COUNCIL OF THE CITY OF ROLLING HILLS ESTATES; THE BOARD OF DIRECTORS OF THE RIDGECREST RANCHOS RECREATION AND PARK DISTRICT; AND THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE RESULTING FROM THE REORGANIZATION OF TERRITORY KNOWN AS "CITY OF ROLLING HILLS REORGANIZATION NO. 2013-04," CONSISTING OF DETACHMENT OF TERRITORY FROM THE CITY OF ROLLING HILLS AND ANNEXATION TO THE CITIES OF ROLLING HILLS ESTATES AND RANCHO PALOS VERDES. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Misetich, and Mayor Knight NOES: None ABSENT: Duhovic Enhancing Parks Operations and Maintenance City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were two requests to speak regarding this item. City Manager Willmore provided introductory remarks regarding this item, noting that due to a request from Councilman Duhovic, this discussion would focus on the staffing in the City parks, with the portion of this item pertaining to staffing to address trash, graffiti, and enforcement issues in the Preserve to come back to Council for consideration at the August 18, 2015 Council meeting. Draft City Council Minutes August 4, 2015 Page 10 of 12 Director of Recreation and Parks Linder provided a staff report and PowerPoint presentation regarding this item. Discussion ensued among Council Members and staff. Barbara Ailor, Palos Verdes Estates, provided comments regarding the protection of the open space in the Preserve area including trash, graffiti, crime, safety, vandalism and destruction of natural habitat. She noted she was in favor of an education program with the addition of the support of enforcement activity, including the use of cameras and periods of concentrated enforcement efforts, in the Preserve, as well as City parks. Andrea Vona, Palos Verdes Peninsula Land Conservancy (PVPLC), provided comments regarding support for staffing in the Palos Verdes Nature Preserve, similar to that being considered for the City parks; and noted the PVPLC was interested in the clarification of the roles and responsibilities of the PVPLC and City. Discussion ensued among Council Members, staff, and Ms. Vona. Mayor Pro Tem Brooks moved, seconded by Councilman Misetich, to approve the staff recommendation to: 1) Approve the proposed plan to expand Recreation and Parks Department staffing presence at specified park sites; and, 2) ADOPT RESOLUTION NO. 2015-79, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING A BUDGET APPROPRIATION IN THE AMOUNT OF $195,000 TO FUND THE PROPOSED PLAN TO EXPAND RECREATION STAFFING PRESENCE TO ENHANCE PARK OPERATIONS AND MAINTENANCE. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Misetich, and Mayor Knight NOES: None ABSENT: Duhovic FUTURE AGENDA ITEMS: The following items were raised by Council Members as future agenda items: Update status of energy resources available to residents to lower utility bills (Knight); Status of Labor Negotiations with employees (Campbell); and Consideration of Storm Drain User Fee (Campbell). CITY COUNCIL ORAL REPORTS: Draft City Council Minutes August 4, 2015 Page 11 of 12 Each Council Member reported on his/her attendance at various organization and association meetings since the last City Council Oral Reports were provided on July 7, 2015. CLOSED SESSION REPORT: City Attorney Lynch reported on the following Closed Session items: 1) With respect to the existing litigation which was the Medawar case, unanimous direction was given to the City Attorney to make a Section 998 offer to the plaintiffs (5-0); 2) With respect to the potential litigation against the City (3 potential cases), a report was given and no action taken; 3) With respect to the potential litigation against the City regarding the Green Hills claims, unanimous (5-0) direction was given to Legal Counsel; and, 4) With respect to the potential litigation against the City regarding the Shahbazian claim, a report was given and no action taken. City Attorney Lynch reported that all five Council Members were present for the Closed Session discussion. ADJOURNMENT: At 10:21 P.M., Mayor Knight adjourned the meeting. Attest: City Clerk WACity Council Minutes\2015\20150804 CC MINS DRAFT.docx Mayor Draft City Council Minutes August 4, 2015 Page 12 of 12