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RPVCCA_CC_DM_2014_10_07_B_20140902_CC_MINS_DRAFTDraft City Council Minutes September 2, 2014 Page 1 of 11 DRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING SEPTEMBER 2, 2014 The meeting was called to order at 6:00 P.M. by Mayor Duhovic at Fred Hesse Community Park, 29301 Hawthorne Boulevard, and was immediately recessed into Closed Session. The meeting reconvened at 7:43 P.M. 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; Joel Rojas, Community Development Director; Michael Throne, Director of Public Works; Ara Mihranian, Deputy Community Development Director; Kathryn Downs, Deputy Director of Finance; Kit Fox, Senior Administrative Analyst; and, Carla Morreale, City Clerk. Also present was: Executive Director Jacki Bacharach, South Bay Cities Council of Governments. FLAG SALUTE: The Flag Salute was by Councilwoman Brooks. MAYOR’S ANNOUNCEMENTS: Mayor Duhovic announced that September is Childhood Cancer Awareness Month. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Duhovic announced Recyclers of the Month from the August 19, 2014 City Council meeting: Michael A. White and Walter Wey. 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. 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: Councilwoman Brooks moved to approve the agenda, as presented. B-1 Draft City Council Minutes September 2, 2014 Page 2 of 11 Mayor Duhovic offered an amendment to move Item 2 (South Bay Cities Council of Governments Work Program) up to be heard before the Public Hearing. Councilwoman Brooks moved, seconded by Mayor Duhovic, to approve the agenda, as amended, with Item 2 (South Bay Cities Council of Governments Work Program) to be heard before the Public Hearing. 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) Minas Yerelian, Rancho Palos Verdes, provided comments regarding concerns about the CalPERS pension program, noting that the City should withdraw from CalPERS by offering the employees an alternate plan, such as a 401K plan. CITY MANAGER REPORT: Acting City Manager Petru provided a recap regarding the recent beach closures from August 25, 2014 through September 1, 2014, at Sacred Cove, Inspiration Point and Portuguese Point due to unsafe weather conditions and dangerous ocean conditions at the recommendation of the Abalone Cove Safety Task Force. She thanked the first responders from the Los Angeles County Lifeguards, Los Angeles County Sheriff’s Department, Mountains Recreation and Conservation Authority Park Rangers, and Recreation and Park staff for interfacing with the public regarding the reasons for the closure. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding Item C (Request for Release of Liens Against North Windport Canyon Properties-Assessor’s Parcel Nos. 7583-022-012 & 7583-022-013), Item F (Request for Waiver of Application Fees for a Conditional Use Permit, Coastal Permit and Environmental Assessment for the Proposed “Heritage Castle Museum” at 5500 Palos Verdes Drive South-Planning Case No. ZON2014-00332) and Item J (FY13-14 Fiscal Year-End Budget Adjustments and Continuing Appropriations); and there were 4 requests to speak regarding Item F. B-2 Draft City Council Minutes September 2, 2014 Page 3 of 11 Councilman Brooks moved approval of the Consent Calendar with Item F (Request for Waiver of Application Fees for a Conditional Use Permit, Coastal Permit and Environmental Assessment for the Proposed “Heritage Castle Museum” at 5500 Palos Verdes Drive South-Planning Case No. ZON2014-00332) removed from the Consent Calendar and to be heard immediately after the Consent Calendar since there were requests to speak on that item. Mayor Duhovic requested that Item J (FY13-14 Fiscal Year-End Budget Adjustments and Continuing Appropriations) be removed from the Consent Calendar for separate consideration. Councilman Campbell requested that Item G (Claim Against the City by Ming Gong) be removed from the Consent Calendar for separate consideration. Councilman Brooks moved, seconded by Mayor Duhovic, to approve the Consent Calendar, as amended, with Item F (Request for Waiver of Application Fees for a Conditional Use Permit, Coastal Permit and Environmental Assessment for the Proposed “Heritage Castle Museum” at 5500 Palos Verdes Drive South -Planning Case No. ZON2014-00332) removed from the Consent Calendar and to be heard immediately after the Consent Calendar; and Item G (Claim Against the City by Ming Gong) and Item J (FY13-14 Fiscal Year-End Budget Adjustments and Continuing Appropriations) removed from the Consent Calendar and to be heard at the end of Regular Business. 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 July 29, 2014 Adjourned Regular Meeting. Request for Release of Liens Against North Windport Canyon Properties (Assessor’s Parcel Nos. 7583-022-012 & 7583-022-013) ADOPTED RESOLUTION NO. 2014-51, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, THEREBY AGREEING TO FORGIVE THE INTEREST ACCRUED SINCE OCTOBER 1, 1996, FOR THE LIEN FOR $36,551.06 B-3 Draft City Council Minutes September 2, 2014 Page 4 of 11 RECORDED ON OCTOBER 24, 1996, AS INSTRUMENT NO. 96-1732129; AND TO RELEASE THE LIEN FOR $6,450.19 RECORDED ON OCTOBER 24, 1996, AS INSTRUMENT NO. 96-1732130. Register of Demands ADOPTED RESOLUTION NO. 2014-52, 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. July 2014 Monthly Report of Cash Balances Received and filed the July 2014 Monthly Report of Cash Balances for the City of Rancho Palos Verdes. Request for Waiver of Application Fees for a Conditional Use Permit, Coastal Permit and Environmental Assessment for the Proposed “Heritage Castle Museum” at 5500 Palos Verdes Drive South (Planning Case No. ZON2014-00332) This item was removed from the Consent Calendar for separate consideration. Claim Against the City by Ming Gong This item was removed from the Consent Calendar for separate consideration. Claim Against the City by Progressive Insurance as Subrogee of Karyn Barrus Rejected the claim and directed staff to notify the claimant. Biennial Update of the City’s Conflict of Interest Code (Morreale) 1) Received and filed the 2014 Local Agency Biennial Notice for the City of Rancho Palos Verdes, Successor Agency to the Rancho Palos Verdes Redevelopment Agency, and the Rancho Palos Verdes Improvement Authority indicating that the Conflict of Interest Code for these agencies must be amended; and, 2) ADOPTED RESOLUTION NO. 2014-53, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ADOPTING A CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE STANDARD CONFLICT OF INTEREST CODE PREPARED BY THE FAIR POLITICAL PRACTICES COMMISSION AND REPEALING RESOLUTION NO. 2012-64. FY13-14 Fiscal Year-End Budget Adjustments and Continuing Appropriations (Supports 2014 City Council Goal – Government Efficiency, Accountability, Fiscal Control, Transparency and Oversight) B-4 Draft City Council Minutes September 2, 2014 Page 5 of 11 This item was removed from the Consent Calendar for separate consideration. Adoption of Ordinance No. 558 Adopting the Los Angeles County Fire Code ADOPTED ORDINANCE NO. 558, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, ADOPTING BY REFERENCE THE 2014 LOS ANGELES COUNTY FIRE CODE, WHICH IS TITLE 32 OF THE LOS ANGELES COUNTY CODE; WITH AMENDMENTS THERETO; AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. Claim Against the City by Sharon Yarber Rejected the portion of the claim that is timely and directed staff to notify the claimant. Amendment to the Rules of Procedure ADOPTED RESOLUTION NO. 2014-54, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, SETTING FORTH THE PROPOSED REVISION TO THE CITY COUNCIL RULES OF PROCEDURE REGARDING ITEMS THAT HAVE BEEN ON THE LIST OF “FUTURE AGENDA ITEMS” FOR MORE THAN ONE YEAR. # # # # # # ITEM(S) REMOVED FROM THE CONSENT CALENDAR: Request for Waiver of Application Fees for a Conditional Use Permit, Coastal Permit and Environmental Assessment for the Proposed “Heritage Castle Museum” at 5500 Palos Verdes Drive South (Planning Case No. ZON2014-00332) City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding this item and there were 4 requests to speak. Senior Administrative Analyst Fox provided a brief staff report regarding the request for a waiver of planning fees related to the conversion of the Harden Estate gatehouse located at 5500 Palos Verdes Drive South into the Heritage Castle Museum. Discussion ensued among Council Members and staff. Charlotte Ginsburg, stated that she was aware of the concerns raised by the public and the Council. She reported that her intention would be to offer the location to be used by small docent led groups in the community with an emphasis on teaching and providing information about the local history of the Peninsula. She concluded that the property would be preserved in its historic state and was too beautiful to be enjoyed by only one family, noting that she and her husband wanted to share it with the community. B-5 Draft City Council Minutes September 2, 2014 Page 6 of 11 Vicki Mack, Palos Verdes Estates, stated that this home originally belonged to the sister of Frank Vanderlip. She noted that the Ginsburgs wanted to make this site available for future generations and noted that the Palos Verdes Historical Society was recently reconstituted. She urged the Council to approve the request for waiver of application fees. Lloyd Greenlund, stated that this home, which was built in 1929, was to be the Gatehouse to what was intended to be a palace built on Portuguese Bend with formal gardens extending out to the water as illustrated on the original drawings. He noted that part of Frank Vanderlip’s vision on large estates was low density development, the preservation of open space, and protection of open views of the coastline. Lenee Bilski, Rancho Palos Verdes, stated that she was not in favor of the fee waiver and noted that public discussion of the merits of the project should take place before the applicant and City move forward on this item. She noted concerns with the policy of historical status of homes, traffic, parking, congestion and an overall vision plan for the Palos Verdes Drive South area. She added that a more appropriate name for consideration could be Palos Verdes Heritage Museum. Additional discussion ensued among Council Members. Councilwoman Brooks moved, seconded by Mayor Pro Tem Knight, to grant the requested fee waiver in the amount of $15,970. The motion passed on the following roll call vote: AYES: Brooks, Knight, and Mayor Duhovic NOES: Campbell ABSENT: Misetich REGULAR BUSINESS: South Bay Cities Council of Governments Work Program Executive Director Jacki Bacharach provided a brief report and PowerPoint presentation regarding the FY14-15 Work Plan for the South Bay Cities Council of Governments (SBCCOG). Discussion ensued among Council Members and Ms. Bacharach. By acclamation, the SBCCOG FY14-15 Work Plan was received and filed. RECESS AND RECONVENE: B-6 Draft City Council Minutes September 2, 2014 Page 7 of 11 Mayor Duhovic called a brief recess from 8:46 P.M. to 8:56 P.M. PUBLIC HEARING: General Plan Amendment, Zone Change, and Certification of a Mitigated Negative Declaration (Case No. ZON2014-00143) for Property Located at 10 Chaparral Lane (Supports 2014 City Council Goal – City Trail Systems Enhancement) City Clerk Morreale reported notice of the public hearing was duly published, written protests included with the staff report and late correspondence distributed prior to the meeting, and there were three requests to speak regarding this item. Mayor Duhovic declared the public hearing open. Community Development Director Rojas provided a brief report and noted that staff suggested continuing this item for two weeks, to allow the geologist to be present to address issues regarding this property. Joe Oliveri, Rancho Palos Verdes, requested the item be continued for four weeks since he has travel plans in two weeks. Luis De Moraes, AIA, Project Architect, Rancho Palos Verdes, speaking on behalf of his client stated that he would like the item considered in two weeks, as he knows his client will be in town during that time period. Discussion ensued among Council Members, staff and City Attorney Lynch. Councilwoman Brooks moved, seconded by Mayor Pro Tem Knight, to continue the public hearing to the September 30, 2014 Council meeting. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Knight, and Mayor Duhovic NOES: None ABSENT: Misetich REGULAR BUSINESS: (continued) Coastal Specific Plan Corridors Element – Adoption of City Council Policy for Identifying a Viewing Station City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there was one request to speak regarding this item. B-7 Draft City Council Minutes September 2, 2014 Page 8 of 11 Community Development Director Rojas provided a brief staff report and PowerPoint presentation regarding this item. City Attorney Lynch suggested that the City Council Policy be memorialized with the adoption of a resolution which affords the policy more solemnity. Lenee Bilski, Rancho Palos Verdes, stated that this item should be considered as an amendment to the glossary of terms in the back of the Coastal Specific Plan and suggested staff could contact the Coastal Commission staff to inquire about the process. She suggested a shorter definition should be used for the “viewing station” to keep it simple and clear. Discussion ensued among Council Members, staff and City Attorney Lynch. Councilwoman Brooks moved, seconded by Mayor Pro Tem Knight, to adopt City Council Policy No. 49, as amended, thereby instituting a policy for identifying the viewing station described in the City’s Coastal Specific Plan Corridors Element for purposes of determining the visual impact of development projects from the public right- of-way for projects within the City’s designated Coastal District that are not located within a defined visual corridor. The policy language was amended to state the following: “ … It shall be the policy of the City that for purposes of this requirement, the “viewing station” shall be at an elevation that is 3-feet above the “fog line” (painted white line/bike lane line) adjacent to the vehicle travelling lane along the seaward side of Palos Verdes Drive West or Palos Verdes Drive South where the best and most important view exists over the site of the proposed project. The viewing station may or may not be immediately adjacent to the subject property line.” The motion passed on the following roll call vote: AYES: Brooks, Campbell, Knight, and Mayor Duhovic NOES: None ABSENT: Misetich City Attorney Lynch noted that staff would return with a resolution commemorating the Council’s decision at the next City Council meeting. Code Amendment Initiation Request (CAIR) to Improve Citywide Outdoor Lighting Regulations for Exterior Lighting (CASE NO. ZON2014-00320) City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were no requests to speak regarding this items. Community Development Director Rojas provided a brief staff report regarding this item. Discussion ensued among Council Members and staff. B-8 Draft City Council Minutes September 2, 2014 Page 9 of 11 Mayor Pro Tem Knight moved, seconded by Councilwoman Brooks, to direct Staff to initiate a Code Amendment to improve the City’s existing Development Code Standards for non-residential exterior lighting on private property including, but not limited to, specifying that light fixtures are to be fully shielded so the light source is not visible from any adjacent property, establishing acceptable color temperatures for exterior lights, imposing restrictions on exterior light emissions based on lumens instead of wattage, and addressing the glare of exterior lights to vehicles on public rights-of-way. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Knight, and Mayor Duhovic NOES: None ABSENT: Misetich Status Report on Crime Prevention Technology Acting City Manager Petru provided a brief status update report regarding crime prevention technology, which has been discussed at the Regional Law Enforcement Committee (Committee) meetings, Councilwoman Brooks provided additional information regarding the Committee’s work and noted the next meeting would be held on November 13, 2014 to continue the discussion of crime prevention technology. Discussion ensued among Council Members and staff. Councilman Campbell left the dais at 9:51 P.M. and returned at 9:55 P.M. Mayor Pro Tem Knight moved, seconded by Mayor Duhovic, to receive and file the status report on the Regional Law Enforcement Committee’s consideration of crime prevention technology in conjunction with the Lomita Sheriff’s Station. Without objection, Mayor Duhovic so ordered. Claim Against the City by Ming Gong City Clerk Morreale reported that Councilman Campbell requested this item be removed from the Consent Calendar for separate consideration. Councilman Campbell provided comments regarding the process of the rejection of claims and requested quarterly reports regarding the Claims Against the City. Discussion ensued among Council Members, staff and City Attorney Lynch. B-9 Draft City Council Minutes September 2, 2014 Page 10 of 11 Councilman Campbell moved, seconded by Councilwoman Brooks, to approve the staff recommendation to reject the claim and direct staff to notify the claimant. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Knight, and Mayor Duhovic NOES: None ABSENT: Misetich FY13-14 Fiscal Year-End Budget Adjustments and Continuing Appropriations (Supports 2014 City Council Goal – Government Efficiency, Accountability, Fiscal Control, Transparency and Oversight) City Clerk Morreale reported that Mayor Duhovic requested this item be removed from the Consent Calendar for separate consideration and late correspondence was distributed regarding this item prior to the meeting. Mayor Duhovic made inquiries regarding several budget adjustments and entries provided in the staff report. Discussion ensued among Council Members and staff. Mayor Duhovic moved, seconded by Councilwoman Brooks, to approve the staff recommendation to: 1) ADOPT RESOLUTION NO. 2014-55, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2013-43, THE BUDGET APPROPRIATION FOR FY13-14, TO ADJUST THE BUDGET IN VARIOUS FUNDS OF THE CITY; 2) ADOPT RESOLUTION NO. 2014-56, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2013-43, THE BUDGET APPROPRIATION FOR FY13-14, TO REDUCE THE BUDGET FOR THE APPROVED CONTINUING APPROPRIATIONS; and, 3) ADOPT RESOLUTION NO. 2014-57, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2014-41, THE BUDGET APPROPRIATION FOR FY14-15, TO INCREASE THE BUDGET FOR THE APPROVED CONTINUING APPROPRIATIONS. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Knight, and Mayor Duhovic NOES: None ABSENT: Misetich FUTURE AGENDA ITEMS: None. CITY COUNCIL ORAL REPORTS: B-10 Draft City Council Minutes September 2, 2014 Page 11 of 11 Each Council Member reported on his/her attendance at various organization and association meetings since the last City Council Oral Reports were provided on August 19, 2014. CLOSED SESSION REPORT: City Attorney Lynch reported on the following Closed Session items: 1) With respect to the potential litigation against the City by Green Hills Memorial Park, that item was not discussed; 2) With respect to the potential initiation of litigation where the City Council was deciding whether to initiate litigation against Green Hills Memorial Park, the Council unanimously (4-0, with Councilman Misetich absent) gave direction to the City Attorney to send a letter to Green Hills; and 3) With respect to the potential litigation against the City based on the receipt of a Claim Against the City received from Sharon Yarber, she stated the Council would be going back into Closed Session to discuss this item. RECESS TO CLOSED SESSION: At 10:35 P.M., Mayor Duhovic recessed the meeting to Closed Session. RECONVENE TO REGULAR SESSION: At 11:18 P.M., Mayor Duhovic reconvened the meeting to Regular Session. CLOSED SESSION REPORT: City Attorney Lynch reported on the following Closed Session item: With respect to the potential litigation against the City based on the receipt of a Claim Against the City received from Sharon Yarber, a report was given and direction provided to the City Attorney (4-0, with Councilman Misetich absent). ADJOURNMENT: At 11:20 P.M., Mayor Duhovic adjourned the meeting to Tuesday, September 16, 2014 at 6:00 P.M. at Hesse Park for an Adjourned Regular Meeting to begin to conduct interviews of applicants for the Infrastructure Management Advisory Committee. ___________________ Mayor Attest: ___________________ City Clerk W:\City Council Minutes\2014\20140902 CC MINS DRAFT.doc B-11