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RPVCCA_CC_DM_2013_04_16_B_20130402_CC_MINS_DRAFTDraft City Council Minutes April 2, 2013 Page 1 of 8 DRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING APRIL 2, 2013 The meeting was called to order at 6:00 P.M. by Mayor Brooks at Fred Hesse Community Park, 29301 Hawthorne Boulevard, and was immediately recessed into Closed Session. The meeting reconvened at 7:03 P.M. City Council roll call was answered as follows: PRESENT: Campbell, Duhovic, Knight, Misetich and Mayor Brooks ABSENT: None Also present were Carolynn Petru, Deputy City Manager/Interim Director of Recreation and Parks; Carol Lynch, City Attorney; Dennis McLean, Director of Finance/Information Technology; Joel Rojas, Community Development Director; Les Jones, Interim Director of Public Works; Ara Mihranian, Deputy Community Development Director; Kit Fox, Senior Administrative Analyst; and, Carla Morreale, City Clerk. Also present were the following: Andrea Vona, Executive Director, Palos Verdes Peninsula Land Conservancy (PVPLC) and Danielle Lefer, Conservation Director, PVPLC. FLAG SALUTE: The Flag Salute was led by Teri Haack, Managing Director, Terranea Resort. MAYOR’S ANNOUNCEMENTS: Bob Lowe, Chairman of the Board and Chief Executive Officer, Lowe Enterprises, provided a brief report and PowerPoint presentation regarding Terranea Resort’s accomplishments during its operations over the last three years including the following: transient occupancy and sales tax receipts provided to the City; property tax provided to the City and School District; employment of over 1200 people at the Resort; successful ratings by guests; awards and accolades received from the business world and resort hotel community; support of local community events, and, public amenities available at the Resort. Mayor Brooks announced recycling and waste reduction events to be held in Rancho Palos Verdes in the coming months, including a free composting workshop, free document shredding, electronic waste collection, and free mulch giveaways. B-1 Draft City Council Minutes April 2, 2013 Page 2 of 8 Mayor Brooks announced the receipt of a copy of a March 14, 2013 letter from the U.S. Environmental Protection Agency to Rancho LPG regarding several allegations of safety infractions. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Brooks announced Recyclers of the Month from the March 19, 2013 City Council meeting: Gayle Theodora Drake and Harold Avent. She 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. She 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 moved, seconded by Mayor Pro Tem Duhovic, to approve the agenda, as presented. Without objection, Mayor Brooks so ordered. PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda) Robert Maxwell, Liaison, Portuguese Bend Community Association, Rancho Palos Verdes, stated that he was recently alerted regarding a drilling operation located at Lot 51 of West Pomegranate Road, noting he had concerns regarding land movement in the Portuguese Bend area and water drainage into Alta Mira Canyon. Marvin Jackmon, Southern California Edison (SCE), reported that SCE has begun an infrastructure improvement project in the City which will last approximately 2 months and improve electric service reliability in the City. Noel Weiss, Marina del Rey, thanked the Council for their participation in the Rancho LPG tank meetings recently held in San Pedro and encouraged continued involvement on the City’s part. He requested that the Council authorize the City Attorney to write a legal opinion letter regarding the Rancho LPG site. CITY MANAGER REPORT: Deputy City Manager/Interim Director of Recreation and Parks Petru announced the addition of the City’s first online portal enabling residents to register for the City’s 40 th Anniversary Gala “Forty and Fabulous” to be held on May 5, 2013 at the Terranea Resort. Community Development Director Rojas announced an upcoming Open House to be held at Peck Park Community Center on April 20, 2013, regarding the Western Avenue B-2 Draft City Council Minutes April 2, 2013 Page 3 of 8 Corridor Plan. He noted that the purpose of the meeting was to receive input from the public and all interested parties regarding improvements along Western Avenue. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding Item No. E (Border Issues Status Report) and Item No. I (Register of Demands). Councilman Misetich moved, seconded by Mayor Pro Tem Duhovic, to approve the Consent Calendar. The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Knight, Misetich and Mayor Brooks 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 March 19, 2013 Regular Council Meeting. February 2013 Monthly Report of Cash Balances Received and filed the February 2013 Monthly Report of Cash Balances for the City of Rancho Palos Verdes. Notice of Completion for the Crest Road at Whitley Collins Pedestrian Crossing Project 1) Accepted the work as complete; 2) Authorized the City Clerk to file a Notice of Completion with the L.A. County Registrar-Recorder Office and if no claims are filed within 35 days after recordation, and upon the contractor posting an acceptable warranty bond, notice the surety company to exonerate the Payment bond; and, 3) Authorized the Director of Public Works to release the 5% retention payment in the amount of $1,738.50 to Traffic Development Services 35 days after recordation of the B-3 Draft City Council Minutes April 2, 2013 Page 4 of 8 Notice of Completion by the L.A. County Recorder contingent upon no claims being filed on the project and the contractor posting an acceptable warranty bond. Border Issues Status Report Received and filed the current report on the status of Border Issues. Support for State Assembly Bill 66 (AB 66) Establishing Mandatory Utility Outage Reporting Authorized the Mayor to sign the draft letter in support of State Assembly Bill 66 (AB 66), which would require utility providers regulated by the California Public Utilities Commission (PUC) to publish the frequency and duration of power outages in their service areas. EIR Contract Amendment for the Zone 2 Landslide Moratorium Ordinance Revisions (ZON2009-00409); Location: “Zone 2” of the City’s Landslide Moratorium Area 1) Authorized the Mayor and the City Clerk to sign Amendment No. 1 to the professional services agreement with Rincon Consultants for an additional amount not to exceed $40,750 to complete the preparation of an Environmental Impact Report (EIR) for the Zone 2 Landslide Moratorium Ordinance Revisions (Planning Case No. ZON2009- 00409); and, 2) ADOPTED RESOLUTION NO. 2013-14, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING THE FY 2012-13 GENERAL FUND BUDGET FOR THE ADDITIONAL COST OF THE ZONE 2 EIR PREPARATION. Approve the Second Amendment to Agreement with Nationwide Environmental Services, a Division of Joe’s Sweeping, Inc., for Street Sweeping Services (Supports 2013 City Council Goal: Review Existing Contracts/Consultants) 1) Approved the second amendment to the agreement with Nationwide Environmental Services, a Division of Joe’s Sweeping Inc., for Street Sweeping Services at the annual rate of up to $170,000, extending the term for one fiscal year, effective from July 1, 2013, to June 30, 2014; and, 2) Authorized the Mayor and City Clerk to execute the second amendment to the agreement with Nationwide Environmental Services, a Div. of Joe’s Sweeping Inc., for Street Sweeping Services. Register of Demands ADOPTED RESOLUTION NO. 2013-15, 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. B-4 Draft City Council Minutes April 2, 2013 Page 5 of 8 # # # # # # PUBLIC HEARINGS: Crestridge Senior Condominium Housing Project (ZON2012-00067 & SUB2012- 00001)/Location: 5601 Crestridge Road [Continued from March 5, 2013] City Clerk Morreale reported that this public hearing was continued from the March 5, 2013 City Council meeting. Councilman Misetich moved, seconded by Councilman Knight, to continue the public hearing to the May 21, 2013 City Council meeting, as requested by the Council. Without objection, Mayor Brooks so ordered. REGULAR BUSINESS: Abalone Cove Shoreline Park – Status Update on the Project Plan related to the Land and Water Conservation Fund Grant Award (Supports 2013 City Council Goals – Increase Citizen Involvement) Deputy Community Development Director Mihranian provided a brief staff report and PowerPoint presentation regarding the status update on the Project Plan related to the Land and Water Conservation Fund Grant Award for the Abalone Cove Shoreline Park. Discussion ensued among Council Members and staff. Councilman Knight moved, seconded by Mayor Pro Tem Duhovic, to receive and file a status update on the project plan being developed for the Abalone Cove Shoreline Park Improvement Project pursuant to a Land and Water Conservation Fund (LWCF) State grant previously awarded to the City. The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Knight, Misetich and Mayor Brooks NOES: None ABSENT: None Palos Verdes Nature Preserve – Adoption of the Public Use Master Plan (PUMP) Document (Supports 2013 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. B-5 Draft City Council Minutes April 2, 2013 Page 6 of 8 Deputy Community Development Director Mihranian provided a brief staff report and PowerPoint presentation regarding the adoption of the Public Use Master Plan for the Palos Verdes Nature Preserve, noting that most of the previous public comments had been incorporated in the PUMP document presented to Council this evening, with additional suggested public comments presented to Council in the late correspondence packet. Community Development Director Rojas added that because the PUMP regulates public use, only the City and the wildlife agencies approve the document. He added that the City has ultimate authority over the use of its property; however, the Palos Verdes Peninsula Land Conservancy has a say in the PUMP document on matters related to habitat protection since they are obligated by the Natural Community Conservation Plan (NCCP) for habitat protection and management of the biological resources in the Preserve. Troy Braswell, Rancho Palos Verdes, stated that he was interested in the formation of a Trail Advisory Board to obtain feedback from the public on issues that may arise in the Preserve. He spoke in favor of signage improvement; improvements to a kiosk; information regarding brush clearance; trail patrol; and collecting and sharing of information from the public. Ruth Braswell, Rancho Palos Verdes, stated she runs the trails and spoke in support of a Trails Advisory Board which would enable conversation among the stakeholders. Discussion ensued among Council Members, staff, and City Attorney Lynch. Councilman Knight moved, seconded by Councilman Misetich, to: Approve, via minute order, the Public Use Master Plan (PUMP) document, as amended, for the Palos Verdes Nature Preserve. The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Knight, Misetich and Mayor Brooks NOES: None ABSENT: None Mayor Pro Tem Duhovic moved, seconded by Councilman Misetich, to approve staff recommendation to: Conduct a quarterly public forum to obtain direct feedback from the public on all the public use issues identified in the PUMP document, with meetings to be held in the evenings; and direct Staff to implement this approach beginning in May 2013 for a trial period of one year. The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Knight, Misetich and Mayor Brooks B-6 Draft City Council Minutes April 2, 2013 Page 7 of 8 NOES: None ABSENT: None League of California Cities 2013 Bylaw Amendments Mayor Brooks provided brief introductory comments regarding this item. Mayor Pro Tem Duhovic moved, seconded by Councilman Knight, to waive the staff report; direct that the Council vote in support of the two proposed amendments to the League of California Cities Bylaws; and, authorize the Mayor to complete and sign the official ballot. Without objection, Mayor Brooks so ordered. FUTURE AGENDA ITEMS: The following items were raised by Council Members as future agenda items: Councilman Campbell requested the following two items be placed on a future agenda: 1) Increase in transparency regarding the status of Labor Negotiations before a position is officially taken; and, 2) Revisiting the Council Policy regarding Naming of Public Facilities/Placing of Monuments/ Memorials and establishment of a protocol for acknowledging the passing of former City officials, civic leaders, and resident military personnel who have died in the service of their country. Mayor Brooks requested the following two items be placed on a future agenda: 1) Expansion of notification radius regarding City Tree Review Permits and review of the standards that apply to preservation of old City street trees in the Miraleste area; and, 2) Prohibition of Skateboarding Citywide. CITY COUNCIL ORAL REPORTS: Each Council Member reported on his/her attendance at various organization and association meetings since the last City Council Oral Reports were provided on March 5, 2013. CLOSED SESSION REPORT: City Attorney Lynch reported on the following Closed Session items: 1) With respect to the existing litigation in the case of Monks v. City of Rancho Palos Verdes, a report was provided to Council regarding the City’s recent victory in the Court of Appeal and no action was taken by the City Council; 2) With respect to the potential initiation of litigation, the Council unanimously authorized, with all members present, to participate in the Appeal to the State Water Quality Control Board from the decision by the Regional Water Quality Board concerning the Los Angeles MS-4 Permit; and, 3) With B-7 Draft City Council Minutes April 2, 2013 Page 8 of 8 respect to the Conference with Real Property Negotiators, regarding the potential purchase of a small portion of a lot on Tarapaca Road, the City Council unanimously authorized, with all members present, to have the City authorize an appraisal and start the process to condemn and acquire the property (about 800 square feet in area) in connection with the City’s San Ramon Canyon Storm Drain Project. ADJOURNMENT: At 9:14 P.M., Mayor Brooks adjourned the meeting in the memory of Vaile J. Scott, City Manager Lehr’s father-in-law, to Tuesday, April 16, 2013, at 5:00 P.M. for an Adjourned Regular Meeting to be held just east of the lower switchback on Palos Verdes Drive East near San Ramon Canyon to conduct a ribbon cutting ceremony for the San Ramon Canyon Stormwater Flood Reduction Project. ___________________ Mayor Attest: ___________________ City Clerk W:\City Council Minutes\2013\20130402 CC MINS DRAFT.doc B-8