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RPVCCA_DM_2010_03_16_02_Draft_Mins_20100216DRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING FEBRUARY 16,2010 The meeting was called to order at 6:00 P.M.by Mayor Wolowicz at Fred Hesse Community Park,29301 Hawthorne Boulevard,and was immediately recessed into Closed Session.The meeting reconvened at 7:06 P.M. City Council roll call was answered as follows: PRESENT:Campbell,Misetich,Stern,and Mayor Wolowicz ABSENT:Long (excused) Also present were Carolyn Lehr,City Manager;Carolynn Petru,Deputy City Manager; Carol Lynch,City Attorney;Dennis McLean,Director of Finance/lnformation Technology;Joel Rojas,Director of Community Development;Ara Mihranian,Principal Planner;Ron Dragoo,Senior Engineer;Holly Starr,Recreation Services Manager;and, Carla Morreale,City Clerk. FLAG SALUTE: The Flag Salute was led by Former Councilman and Former Congressman Steve Kuykendall. CEREMONIAL: Mayor Wolowicz recognized the middle school student participants in the Whale of a Day Poster Contest and congratulated the winners.Recreation Services Manager Holly Starr provided an overview of the Whale of a Day event and poster contest program. MAYOR'S ANNOUNCEMENTS: Mayor Wolowicz and Councilman Stern reported on the conclusion of the Fair Political Practices Commission (FPPC)Investigation of Mayor Pro Tem Long and Councilman Stern which exonerated them of any violation of the Political Reform Act regarding their campaign disclosures related to the November 6,2007 Election. RECYCLE DRAWING: Mayor Wolowicz announced Recyclers of the Month from the February 2,2010 City Council meeting:Jill Carlton and Flo McTaggart.He indicated that all winners receive a Draft City Council Minutes February 16,2010 Page 1 of 12 2 - 1 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: Councilman Stern moved,seconded by Councilman Misetich,to approve the agenda, as presented. Without objection,Mayor Wolowicz so ordered. PUBLIC COMMENTS: Joe Lindorfer,Rancho Palos Verdes,stated that he was present to speak regarding the Neighborhood Permit Parking,but noted that he would be postponing his comments in light of the fact that he just found out that the consideration of the Permit Parking program would be discussed by the City Council in two weeks.He inquired as to the ability of the public to provide input and public comments regarding the fees for the Permit Parking program. Mark Tilford,Redondo Beach,stated that he was present to make the public aware of the circulation of a petition for a constitutional amendment titled "The Citizen Legislation Act of 2010 -Californians for a Part-Time Legislature"on the November General Election.He stated it was a people's initiative to return California back to a part-time legislature,which is what the State had until the 1960s.He reported that 43 other states currently have part-time legislatures and conduct their business efficiently.He opined that this initiative could potentially save the state hundreds of millions of taxpayer dollars. Ken Dyda,Rancho Palos Verdes,stated that in November there was a vote by Council to examine the possibility of funding for abating the Portuguese Bend Landslide and inquired when the item may come back to Council for a status update. CITY MANAGER REPORT: City Manager Lehr invited Senior Engineer Ron Dragoo to provide a status update report and PowerPoint presentation regarding the recent storm of February 6,2010, which resulted in mudflows,and the clean-up process by several agencies at 25th Street/Palos Verdes Drive South. Mayor Wolowicz commended David Bender for his efforts in assisting a motorist to free his vehicle from the mudflow and in assisting in the early clearing of the roadway. NEW BUSINESS: Draft City Council Minutes February 16,2010 Page 2 of 12 2 - 2 APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding Item NO.1 0 (Professional Services Agreement with Magis Advisors to Provide Financial Consulting Services for the Civic Center Project). Councilman Misetich asked for clarification regarding the Public Interest Investigation expense item on Item No.11 (Register of Demands). In response to Councilman Misetich's inquiry,City Manager Lehr stated that she believed it was regarding a personnel matter,and that if that was not the case she would notify him regarding the topic. City Attorney Lynch added that particular details of personnel items cannot be discussed at a City Council Meeting due to issues regarding privacy. Councilman Stern moved,seconded by Councilman Campbell,to approve the Consent Calendar,as presented. The motion passed on the following roll call vote: AYES: NOES: ABSENT: Campbell,Misetich,Stern,and Mayor Wolowicz None Long 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 the Minutes Approved the Minutes of the January 19,2010 Adjourned Regular Meeting;the January 19,2010 Regular Meeting;and,the February 2,2010 Adjourned Regular Meeting. Adoption of Ordinance No.505 •Repeal of Chapter 2.30 of Municipal Code ADOPTED ORDINANCE NO.505,AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES,REPEALING CHAPTER 2.30 OF THE RANCHO PALOS VERDES MUNICIPAL CODE RELATING TO VOLUNTARY CAMPAIGN EXPENDITURE LIMITATIONS. Draft City Council Minutes February 16,2010 Page 3 of 12 2 - 3 Professional Engineering Services for Residential Streets Overlay and Slurry Seal Program (FY09-10) 1)Awarded a professional service contract to KOA Corporation/CBM Consulting for design, construction management &inspection services for the Residential Street Overlay and Slurry Seal Project Fiscal Year 09-10.Authorized the Mayor and City Clerk to execute a Professional Services Agreement with KOA Corporation/CBM Consulting for a not to exceed amount of $145,050 and authorized the expenditure of an additional $14,505 (10%)for unforeseen conditions for a total authorized amount of $159,555; and,2)Awarded a geotechnical engineering service contract to Group Delta Consultants,Inc.for geotechnical services for the Residential Street Overlay and Slurry Seal Project Fiscal Year 09-10.Authorized the Mayor and City Clerk to execute a Professional Services Agreement with Group Delta Consultants,Inc.for a not to exceed amount of $15,000 and authorized the expenditure of an additional $1,500 (10%)for unforeseen conditions for a total authorized amount of $16,500. Claim Against the City by Niki Desanto Amsden Rejected the claim and directed staff to notify the claimant. Claim Against the City by Amalia Fraker Rejected the claim and directed staff to notify the claimant. City's Affordable Housing Fund Equity Transfer to the Redevelopment Agency ADOPTED RESOLUTION NO.2010-10,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,AUTHORIZING THE TRANSFER OF FUNDS FROM THE CITY'S IN-LIEU HOUSING FUND TO THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY FOR THE PROJECT DESCRIBED IN THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND AM CAL MIRANDELA FUND,L.P. Clarification of a Previously Adopted City Council Resolution Related to a State Grant Application ADOPTED RESOLUTION NO.2010-11,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,APPROVING A MINOR AMENDMENT TO PREVIOUSLY ADOPTED COUNCIL RESOLUTION NO.2009-68 TO CLARIFY THAT THE CITY COUNCIL AND NOT THE PALOS VERDES PENINSULA LAND CONSERVANCY IS THE GRANTEE FOR A GRANT APPLICATION TO THE STATE'S HABITAT CONSERVATION FUND FOR TRAIL AND HABITAT RESTORATION AT THE PORTUGUESE BEND RESERVE. Draft City Council Minutes February 16,2010 Page 4 of 12 2 - 4 Mayor's Appointment of City Council Members to the Ad Hoc Subcommittee on Employee Compensation Appointed Mayor Pro Tem Long and Councilman Misetich to the Employee Compensation Ad Hoc Subcommittee. Professional Services Agreement with Magis Advisors to provide Financial Consulting Services for the Civic Center Project 1)Approved the Professional Services Agreement with Magis Advisors to assist the City in developing funding alternatives for the Civic Center Project,including the replacement of City Hall;and,2)Authorized the Mayor and City Clerk to execute the Agreement. Register of Demands ADOPTED RESOLUTION NO.2010-12,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. ###### PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA: REGULAR NEW BUSINESS: City Advisory Board Chairs Mayor Wolowicz introduced the item to appoint Chairs for the Oversight Committee for the Water Quality Flood Protection Program (Oversight Committee);Traffic Safety Commission;and Emergency Preparedness Committee. Councilman Stern moved,seconded by Councilman Campbell,to appoint Frank Lyon as Chair for the Oversight Committee for the Water Quality Flood Protection Program. By acclamation,Frank Lyon was appointed to serve as Chair of the Oversight Committee for the Water Quality Flood Protection Program. City Clerk Morreale distributed ballots for the Chair position for the Traffic Safety Commission while Mayor Wolowicz reported that David Kramer and Lynn Swank had applied for the position. Councilman Stern noted that there were well-qualified applicants for all of the Chair positions. Draft City Council Minutes February 16,2010 Page 5 of 12 2 - 5 After one round of balloting,Lynn Swank was unanimously appointed as the Chair of the Traffic Safety Commission. City Clerk Morreale distributed ballots for the Chair position for the Emergency Preparedness Committee while Mayor Wolowicz reported that Mel Hughes and Tim Weiner had applied for the position. After one round of balloting,Tim Weiner was appointed as the Chair of the Emergency Preparedness Committee. Mayor Wolowicz thanked all of the applicants on behalf of the Council for their willingness to serve the community and as Chair of their respective committees. Tactical Plan for 2010 Deputy City Manager Petru provided a brief status update report regarding the Tactical Plan after the incorporation of the comments and input received from Council Members at the Tactical Planning Workshop. David Aikens,Rancho Palos Verdes,stated that he was concerned with the changes to the environment,traffic,and parking issues as a result of the proposed improvements to be made at Grandview Park. Councilman Misetich moved,seconded by Councilman Stern,to adopt the Tactical Plan for 2010,thereby setting goals for the two-year period ending in December 2011 with specific strategies and timelines for achieving them. The motion passed on the following roll call vote: AYES: NOES: ABSENT: Campbell,Misetich,Stern,and Mayor Wolowicz None Long Support for the League of California City's Ballot Measure Entitled the Local Taxpayer,Public Safety,and Transportation Protection Act of 2010 City Manager Lehr stated that the League of California City's ballot measure titled the Local Taxpayer,Public Safety,and Transportation Protection Act of 2010 which pertains to City financial revenue,and was a direct follow-up from the City Council and senior staff's attendance at the Legislative Conference in Sacramento the prior month. Mayor Wolowicz provided a synopsis of the ballot measure titled the Local Taxpayer, Public Safety,and Transportation Protection Act of 201 O. Draft City Council Minutes February 16,2010 Page 6 of 12 2 - 6 Councilman Misetich moved,seconded by Councilman Campbell,to ADOPT RESOLUTION NO.2010-13,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,SUPPORTING THE LOCAL TAXPAYER,PUBLIC SAFETY,AND TRANSPORTATION PROTECTION ACT OF 2010. The motion passed on the following roll call vote: AYES: NOES: ABSENT: Campbell,Misetich,Stern,and Mayor Wolowicz None Long Marymount College Facilities Expansion Project:Conditional Use Permit No.9 - Revision "E,"Grading Permit,Variance,Minor Exception Permit,Master Sign Permit and Environmental Assessment (Case No.ZON2003-00317)located at 30800 Palos Verdes Drive East -Appendix D to the Final Environmental Impact Report (EIR) City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were eight requests to speak on the item. Principal Planner Mihranian provided a brief staff report regarding the Marymount College Draft Appendix 0 to the Final Environmental Impact Report.He stated that the staff recommendation was to solely receive public comments on the Draft Appendix 0, which was prepared based on project revisions that were introduced to the City Council in September 2009.He reported that the Draft Appendix 0 was released on January 21,2010 for the 30-day public review comment period which will end on March 8,2010. Principal Planner Mihranian provided a PowerPoint presentation and an overview report on the Marymount College Expansion Project,including the existing facilities and explained the approval and appeal process to date.He provided information on the proposed project revisions in response to City Council direction,including the introduction of the Bachelor of Arts Degree Program and the athletic field alternatives. He provided information on the academic programs and degrees currently offered and proposed to be offered at Marymount College;and aspects of the campus that will not change including the following:enrollment cap of 793 students;number of faculty and staff members;hours of operation;athletic programs;and the proposed parking for the site.He briefly summarized the two alternatives for the proposed athletic field: Alternative 0-1 directed by the City Council,and Alternative 0-2 proposed by the College in response to the Council's concerns.He provided details of the proposed alternatives for the athletic fields and tennis courts,including the associated grading, landscaping,and parking proposals. Principal Planner Mihranian introduced the EIR Project Manager,Rita Garcia,and EIR Traffic Engineer,Paul Martin,with Robert Bein,William Frost (RBF)&Associates Environmental Consulting firm.Ms.Garcia provided a PowerPoint presentation that Draft City Council Minutes February 16,2010 Page 7 of 12 2 - 7 summarized the significant unavoidable impacts concluded in the Final EIR then proceeded to explain the various environmental topic areas analyzed in the Draft Appendix 0 for the proposed project revisions.Her presentation covered the following topic areas:Aesthetics/Light and Glare,Air Quality,Noise,Geology,Hydrology and Water Quality,Public Services and Utilities,and Biological Resources.She stated that based on the proposed project revisions,the analysis concluded that the potential environmental analysis can be mitigated with appropriate mitigation measures to a level of less than significant with the exception of Aesthetics and Light/Glare for Athletic Field Alternative 0-1 as it relates to the relocation of the parking lot to the western portion of the campus.She then asked for the EIR Traffic Engineer,Paul Martin,to discuss the Traffic and Parking analysis. Mr.Martin provided a PowerPoint presentation that summarized the Traffic and Parking analysis that was conducted in connection to the proposed project revisions.His presentation briefly summarized potential changes to traffic and parking resulting from additional trips generated by the introduction of the Bachelor of Arts Degree Program according to the Institute of Traffic Engineers.He concluded that based on the updated analysis,the increased traffic is the same as concluded in the Final EIR with three significant impacts of which two intersections can be mitigated to a less than significant level with mitigation measures,and the third intersection,Palos Verdes Drive East and Palos Verdes Drive South,would only be partially mitigated for cumulative impacts resulting in a significant unavoidable impact.As for parking,with the implementation of the recommended parking management strategies as mitigation measures,the potential impacts can be reduced to a less than significant level. Principal Planner Mihranian concluded that the mitigation measures listed in the Draft Appendix 0 were organized into three tables for each component of the project revisions analyzed and that the Final Mitigation Measures will be consolidated into one table based on Council direction.He then reminded the public that the close of the comment period on Draft Appendix 0 is at the end of the business day on March 8, 2010 and that the Final Appendix 0,including the Responses to Comments,will be presented to the Council at the time the appeal hearing is conducted which is tentatively scheduled for April 2010. Council and staff discussion ensued regarding the following topics:range of size for standard soccer fields;the use of synthetic turf on the athletic field;the studies regarding traffic and parking based on the number of students;the maximum enrollment cap for students;the mitigation measure for traffic related issues as a result of the placement of a traffic signal at the intersection of Palos Verdes Drive East and Miraleste Drive;and,the consideration of restricted street parking near the college campus.Also discussed were the following issues:safety concerns with the placement of the athletic fields near Palos Verdes Drive East;and,mitigation measures to prevent errant soccer and tennis balls from entering the adjacent street. RECESS AND RECONVENE: Draft City Council Minutes February 16,2010 Page 8 of 12 2 - 8 Mayor Wolowicz called a brief recess from 9:05 P.M.to 9:22 P.M. Dr.Michael Brophy,President,Marymount College,stated that when Marymount College had shared its plans to offer a BA Degree in certain areas of study,they were confident that the change would not introduce any external impacts due to the following key operational factors which remain constant:the enrollment cap of 793;the number of student seats;the overall number of faculty and staff;the overall number of courses; and,the scheduling of classes for an enrollment of up to 793 students.He stated that he hoped the lengthy and legally adequate CEQA analysis before Council confirms that both the Bachelorette Degree Programs and both of the site plans for the athletic fields and tennis courses introduce no significant new environmental impacts with the incorporation of the proposed mitigation measures.He encouraged the Council's prompt scheduling of the final public hearing for the Marymount College Expansion Project. Don Davis,Burke Williams and Sorenson,legal counsel for Marymount College,stated that considering the traffic circulation section of the Draft Appendix D to the Final Environmental Impact Report,he opined that the City uses a very conservative methodology throughout the process,noting that he believed the project trips were overstated.He stated that the enrollment of the college will not change and the college virtually operates as a university at the current time.He noted that the City had added a significant number of forecast trips based on the expansion of the facility,which they believe is overstated,concluding that the EIR document is fully adequate.He noted that with the BA Program,the College would not actually reach the 250 enrollment cap proposed for the BA program for many years.He reported that regarding the parking issue and on-street parking,the College was adding 120 parking spaces to the project to address that issue.Mr.Davis stated that the traffic studies indicate that there is a level of service of "F"for failing at the PVDE and Miraleste Drive intersection and encouraged the City to proceed with the improvement at the intersection through its Capital Improvement Program.He commented that out of the two alternatives,the preference of the College was for Alternative D-2 over Alternative D-1 for the athletic fields. Lois Karp,CCC/ME,Rancho Palos Verdes,stated that the CCC/ME's concern with the BA Program was that there would be more demand for more teachers,employees, traffic and parking.She reported that Appendix D confirmed the following significant increase in trips to the campus:the Draft EIR stated that the daily trips to the campus were 1479;the Final EIR indicated that there were 1636 trips;and,with the four-year degree there were 1931 trips.She noted that the consultant suggested that there should be carpools and shuttle busses to mitigate the parking problems and additional trips,but the DEIR indicated that additional shuttle busses to mitigate peak hour traffic were infeasible.She reported that 45 carpool spaces were mandated as a mitigation in 1990 when the Student Union was added,but they were never created so they CCC/ME does not have confidence that carpooling will be enforced to reduce the traffic impacts. Draft City Council Minutes February 16,2010 Page 9 of 12 2 - 9 She commented on the following topics:a shortage of parking spaces with the expansion;adherence to and compliance with the Rancho Palos Verdes Municipal Code for Institutional Zones regarding parking,number of students and staff,and allowable activities. Mrs.Karp raised concerns regarding the athletic fields including the following issues: the placement of the field near Palos Verdes Drive East and related issues of nets,tall fences,traffic hazards,noise,safety issues,grading concerns on the fragile site;and huge retaining walls.She stated that there have been numerous changes to the plans and that CEQA requires a stable project and expressed concerns regarding the recent addition of the future development of a community preschool included in Appendix D. Mrs.Karp concluded that CCC/ME requests that the Council take the following actions: 1)Require strict enforcement of the Rancho Palos Verdes parking code;2)Retain the existing athletic field (Castle Field)at its present elevation and location;3)Reject the tennis courts graded nine feet higher until there are visual studies and silhouettes;and, 4)Do not violate CEQA by including the preschool without studying it in the EIR. Mark Wells,Rancho Palos Verdes,opined that if Marymount College does not receive four-year SA status,the College would probably fail and their quest to become a four- year institution was based solely on their yearning to have on-campus housing.He stated he did not support Marymount College's quest to become a four-year college or the approval of Appendix D.He requested a study of residents living on the east side of the City to determine if residents in the area want a traffic signal at Palos Verdes Drive East and Miraleste Drive,and commented on the traffic impacts due to the Marymount Shuttle Van on Crestwood Drive and Trudie Drive. Jack Karp,Rancho Palos Verdes,stated that according to the Development Code, Marymount College is 410 parking spaces short of the necessary parking for the expansion project;commented that he did not understand how the College could mitigate parking issues by allowing the parking offsite;and noted that the project should adhere to the City's Code. Tom Redfield,Rancho Palos Verdes,stated that his greatest concerns were the following:parking issues;noise related to the construction at Marymount College; inconsistency with the City's General Plan regarding view corridors along Palos Verdes Drive East;and,safety issues related to the balls from the athletic fields and tennis courts. Jim Gordon,Rancho Palos Verdes,stated that the traffic trips stated by Mrs.Karp were increases to the already existing 2439 average daily trips,which was based on four traffic count observations.He reported that the finished grade of the soccer field height has been raised two feet from the original plan and the tennis courts nine feet.He noted that the use of the Marymount Junior College is not typical since most community college students attend night classes;yet approximately 80%of the traffic observed from Marymount College was before 6:00 p.m.,which is the end of the peak period. Draft City Council Minutes February 16,2010 Page 10 of 12 2 - 10 Craig Mueller,Rancho Palos Verdes,stated that he believed the current location for the soccer field was best due to safety and noise issues and had concerns with the alternative location of the soccer field for reasons of safety,noise,required safety netting possibly obstructing views,and drainage issues.He noted manners in which to mitigate lighting issues in the parking lots and commented that university students would fully utilize the campus during its hours of operation from 7:00 a.m.to 11 :00 p.m. Pat Carroll,Rancho Palos Verdes,stated concerns with the traffic safety issues due to errant balls,noise,and visual impacts of the proposed location of the athletic field on the east side of the campus. Lisa Vavic,Rancho Palos Verdes,stated that she has concerns with the following issues:traffic safety concerns with the soccer field and tennis court location due to flying balls;parking management strategies;traffic issues at the intersection of Palos Verdes Drive South and Palos Verdes Drive East. Dr.Brophy rebutted that the record would show that changes to the Marymount College plans has most often been in response to City staff's requests.He stated that the motivation for Marymount College to offer the BA Degree was to meet the needs of the students in the South Bay.He stated that Marymount College currently has received complaints regarding noise issues related to activities at the soccer field,which he acknowledged would continue to be a problem wherever the fields were located.He stated that the parking and traffic concerns were previously discussed and noted that a third party was consulted to review the work that was performed regarding the traffic analysis. Mrs.Karp stated that she had no additional comments,but would submit the comments she made this evening in writing,noting that she would not be available on April 20, 2010,if that was a date being considered. Mayor Wolowicz provided concluding remarks,noting that the staff recommendation was to conduct a public meeting for the sole purpose of obtaining public comments on the Marymount College Facilities Expansion project Appendix D to the Final Environmental Impact Report. CITY COUNCIL ORAL REPORTS: Each Council Member reported on his attendance at various organization and association meetings since the last City Council Oral Reports were provided on February 2,2010. COUNCIL DISCUSSION &SUGGESTION OF FUTURE AGENDA ITEMS: None. Draft City Council Minutes February 16,2010 Page 11 of 12 2 - 11 CLOSED SESSION REPORT: City Attorney Lynch reported that with respect to the three Closed Session items, reports were provided and no action taken on any of the items,with Mayor Pro Tem Long absent. ADJOURNMENT: At 10:24 P.M.,Mayor Wolowicz adjourned the meeting to Tuesday,March 2,2010 at 6:00 P.M.at Hesse Park to conduct interviews of applicants for Chair of the Planning Commission. Mayor Attest: City Clerk W:\City Council Minutes\2010\20100216 D~AFT CC MINS,doc Draft City Council Minutes February 16,2010 Page 12 of 12 2 - 12