DRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MAY 6, 2014

Transcription

1 DRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MAY 6, 2014 The meeting was called to order at 6:00 P.M. by Mayor Duhovic at Fred Hesse Community Park, Hawthorne Boulevard, and was immediately recessed into Closed Session. The meeting reconvened at 7:02 P.M. City Council roll call was answered as follows: PRESENT: Brooks, Campbell, Misetich and Mayor Duhovic ABSENT: Knight* (excused) *Mayor Duhovic noted that Mayor Pro Tem Knight has an excused absence and will be arriving late to the meeting. 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; Eduardo Schonborn, Senior Planner; and, Carla Morreale, City Clerk. Also present was Abe Leider, Rincon Consulting. FLAG SALUTE: The Flag Salute was led by Councilwoman Brooks. MAYOR S ANNOUNCEMENTS: Mayor Duhovic and the City Council recognized longtime resident and true American hero, Jack Downhill, for his years of service as a member of the United States Air Force. Mayor Duhovic provided a brief recap of Col. Downhill s many achievements and presented him with a Certificate of Recognition. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Duhovic announced Recyclers of the Month from the April 15, 2014 City Council meeting: Sophie Sokolow and Monika Bauer. 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 $ Page 1 of 11 B-1

2 APPROVAL OF THE AGENDA: Councilwoman Brooks moved, seconded by Councilman Misetich, to approve the agenda, as presented. The motion passed on the following roll call vote: AYES: NOES: ABSENT: Brooks, Campbell, Misetich and Mayor Duhovic Knight PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda) Leda Connor, Rancho Palos Verdes, requested the Council s support of a resolution to overturn the Citizen s United Supreme Court decision in 2010, which determined that corporations and unions can spend unlimited amounts of money on elections and super-pacs. She added that the influence of unlimited spending on local, state and national elections can be stopped by an amendment to the Constitution and urged the Council to take action on the matter. Laura Walters, Los Angeles County Fire Department, reported that this is brush clearance season; urged residents to call if they see evidence of a fire and not to assume the Fire Department already knows about the fire; and reminded the public of the Los Angeles County s Ready! Set! Go! action plan to help residents prepare for a fire emergency. CITY MANAGER REPORT: Acting City Manager Petru introduced the City s new Information Technology Manager, Dan Landon, and provided a brief recap of his resume and achievements. Acting City Manager Petru provided announcements regarding the following events: 1) A free Household Hazardous and Electronics Waste Round Up to be held at the RPV Civic Center on Saturday, May 10, 2014; and, 2) May is Building Safety Month and the City will host an Energy Conservation & Green Building Workshop on Wednesday, May 14, 2014 at the City Hall Community Room. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding Item No. H (Adoption of Ordinance No An Ordinance of the City of Rancho Palos Verdes, Adding New Chapter 2.48 to Title 2 of the Rancho Palos Page 2 of 11 B-2

3 Verdes Municipal Code Regarding Open Public Employee Negotiations and the Procedure for Adopting or Amending a Memorandum of Understanding between the City and an Exclusively Recognized Employee Organization [The RPV OPEN Ordinance]) and read the title of the Ordinance into the record. Councilman Misetich moved, seconded by Councilwoman Brooks, to approve the Consent Calendar, with Item F (Award Construction Contract and Professional Services Agreement for Ryan Park Southern Entrance Realignment and Parking Lot Expansion Project) removed from the Consent Calendar for separate consideration. Councilman Campbell offered an amendment to the motion, requesting that Item E (Award of Contract for Salvation Army Trail Improvement Project) be removed from the Consent Calendar for separate consideration. The maker and seconder of the motion accepted the amendment. The motion as amended was the following: Councilman Misetich moved, seconded by Councilwoman Brooks, to approve the Consent Calendar, with Item E (Award of Contract for Salvation Army Trail Improvement Project) and Item F (Award Construction Contract and Professional Services Agreement for Ryan Park Southern Entrance Realignment and Parking Lot Expansion Project) removed from the Consent Calendar for separate consideration. The motion passed on the following roll call vote: AYES: NOES: ABSENT: Brooks, Campbell, Misetich and Mayor Duhovic Knight 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 April 15, 2014 Adjourned Regular Meeting (Interviews). Register of Demands ADOPTED RESOLUTION NO , 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. Page 3 of 11 B-3

4 March 2014 Monthly Report of Cash Balances Received and filed the March 2014 Monthly Report of Cash Balances for the City of Rancho Palos Verdes. Award of Contract for Salvation Army Trail Improvement Project (Supports 2014 City Council Goal No. 2, Public Infrastructure) This item was removed from the Consent Calendar for separate consideration. Award Construction Contract and Professional Services Agreement for Ryan Park Southern Entrance Realignment and Parking Lot Expansion Project (Supports 2014 City Council Goal No. 2, Public Infrastructure) This item was removed from the Consent Calendar for separate consideration. Citywide Landscaping and Lighting Maintenance District Project (Supports 2014 City Council Goal of Government Efficiency, Fiscal Control, and Transparency) 1) ADOPTED RESOLUTION NO , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT (LLMD) FOR FY AND ORDERING THE PREPARATION OF AN ENGINEER S REPORT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE; 2) ADOPTED RESOLUTION NO , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING THE ENGINEER S REPORT IN CONNECTION WITH THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT (LLMD) FOR FY ; and, 3) ADOPTED RESOLUTION NO , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, DECLARING THE CITY COUNCIL S INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT (LLMD) FOR FY PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE, AND APPOINTING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. Adoption of Ordinance No An Ordinance of the City of Rancho Palos Verdes, Adding New Chapter 2.48 to Title 2 of the Rancho Palos Verdes Municipal Code Regarding Open Public Employee Negotiations and the Procedure for Adopting or Amending a Memorandum of Understanding between the City and an Exclusively Recognized Employee Organization (the RPV OPEN Ordinance ) Page 4 of 11 B-4

5 ADOPTED ORDINANCE NO. 556, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, ADDING NEW CHAPTER 2.48 TO TITLE 2 OF THE RANCHO PALOS VERDES MUNICIPAL CODE REGARDING OPEN PUBLIC EMPLOYEE NEGOTIATIONS AND THE PROCEDURE FOR ADOPTING OR AMENDING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND AN EXCLUSIVELY RECOGNIZED EMPLOYEE ORGANIZATION (THE RPV OPEN ORDINANCE ). Award Construction Contract for the Blackhorse CDBG Access Ramps ADA Compliance Project Phase II 1) Awarded a construction contract to Victor Concrete in the amount of $38,000 for the Blackhorse Road CDBG Access Ramps ADA Compliance project; 2) Authorized staff to utilize an additional 10% ($4,000) for contingency; and, 3) Authorized the Mayor and City Clerk to execute the agreement. Amend the Contract with KOA Corporation for Construction Management Services- San Ramon Canyon Flood Reduction Project Approved an increase to the contract awarded to KOA Corporation in the amount of $24,000 for potential changes in construction management scope and $86,000 for contractor-reimbursements with a not-to-exceed total of $110,000, for Construction Management services in relation to the San Ramon Canyon Flood Reduction Project. # # # # # # PUBLIC HEARINGS: Final Environmental Impact Report (Final EIR) and Code Amendment for the Zone 2 Landslide Moratorium Ordinance Revisions (Case No. ZON ); Location: Zone 2 of the City s Landslide Moratorium Area [Continued from April 15, 2014] City Clerk Morreale reported that this public hearing was continued from April 15, 2014, and written protests were included in the staff report and late correspondence distributed prior to the meeting. City Attorney Lynch provided a brief overview and historical recap of the legal background and decisions that were made in the Court of Appeal regarding the Monks v. City of Rancho Palos Verdes case applicable to the Monks lots located in the Zone 2 section of the Landslide Moratorium area. Senior Planner Schonborn provided a detailed staff report and PowerPoint presentation regarding this item. Page 5 of 11 B-5

6 Abe Leider, Project Manager, Rincon Consultants, provided a summary report and PowerPoint presentation regarding the most recent phase of the California Environmental Quality Act (CEQA) Environmental Review Process for the Zone 2 Landslide Moratorium. He noted the Draft EIR was circulated and comments received during a period of 60 days. He highlighted the issues that were studied, mitigation measures that were identified, and concerns that were raised in the 36 comment letters received by the City regarding the Draft EIR. He noted that the concerns focused on the following issues: hydrology and water quality; geology; transportation and circulation, and cumulative impacts. He summarized the EIR revisions and reviewed the CEQA alternatives that were considered. Discussion ensued among Council Members, staff and the consultant. Robert Maxwell, Rancho Palos Verdes, stated that he had the following concerns regarding the Draft EIR: 1) the drains are not adequate, which creates a geologic hazard; 2) the water runoff from Alta Mira Canyon and the water from the active landslide area; 3) the potential loss of money through lawsuits; 4) there is a long history of land movement along the coastal area; 5) the Portuguese Bend landslide is metastable, and the new lots will be the same; 6) the Horan settlement was a large expensive for Los Angeles County in the past, and building in the same area is not geologically sound; and, 7) there are compelling arguments against development in a landslide area, such as lawsuits, the area is a known active landslide area in which previous municipalities have lost money from real estate affected by landslides. Stuart Miller, legal counsel, Portuguese Bend Community Association, reported that he would summarize the points raised in his letter, which he submitted prior to the meeting. He stated that the purpose of an EIR is for the City to identify the significant impacts and how to mitigate them, a task which may not be delegated to staff or the consultant. He noted the most important concerns regarding the FEIR were the following: 1) Hydrology and erosion issues; 2) Impact of pollution caused by runoff from impermeable surfaces and the amount of impermeable surfaces; 3) Decisions are to be made on a lot by lot basis and not on a programmatic basis applicable to the project; 4) Development above the landslide area that causes additional runoff into the area; 5) Impacts on the roads in Portuguese Bend; and, 6) The projection that, in an emergency, vehicles will be exiting Narcissa Drive at a rate of 3 vehicles per second. He commented on the Monks case and noted that it has zero applicability to the 31 lots under discussion with this application. He added that the statute of limitations for the 31 lots expired 12 years ago. Marianne Hunter, Rancho Palos Verdes, stated that the points being brought up now were the same points raised prior to the Monks case. She commented on concerns regarding land stability, water flow, hydrology, and water entering the landslide area from the City of Rolling Hills, noting that the EIR is a compilation of best guesses and wishful thinking. She added that there is no proof the suggested mitigation measures will work and challenged the Council to look at the facts for the needs and safety of the residents. Page 6 of 11 B-6

7 Robert Halderman, Rancho Palos Verdes, stated that he has watched Alta Mira Canyon get deeper and deeper over the years due to runoff from the immediate community and adjacent cities. He inquired if there was a repair plan to mitigate the Alta Mira Canyon issues in the near future, noting that a 100 year storm will take out Narcissa Drive, and debris will take out portions of the main highway and affect traffic on the Peninsula. Vicki Pinkham, Rancho Palos Verdes, stated that her property is the Gatehouse at Narcissa Drive, which has Alta Mira Canyon located on it. She reminded the Council of the video of the rushing water in Alta Mira Canyon and images of trucks that pass very close to their home. She stated that neither she nor her husband support certifying the Final EIR, since they opine the EIR does not adequately address the loss of property due to the erosion of Alta Mira Canyon and the destruction to their home near the entrance of Narcissa Drive caused by oversized construction trucks hired for the Monks building entitlements. She continued that without proper mitigation measures their home and bodies are in existing imminent danger. Cassie Jones, Rancho Palos Verdes, stated that the reason for the EIR was to avoid litigation, which is not likely to be the best reason to do anything. She noted concerns with runoff and drainage problems, hydrology, storm drains, infrastructure, fire exit times, and the underlying unstable geology of the area. She noted that stop lights could be put in as a mitigation measure, which was recommended against due to aesthetic concerns. She added she was not in favor of a one month extension to respond to additional input received from the public; was not in favor of the Council certifying the EIR presented; and opined that a smaller project might be a viable option. Lewis Enstedt, Rancho Palos Verdes, commented on a CD of two videos that he delivered to the City, which he filmed in December 2010 of the upslope lots directly across the street from his residence. He reported that one video shows that after a heavy rain the ground which was completely saturated shows hardly any water coming off of the lots; while another video clip illustrates massive amounts of water being directed from the hardscape on the property to the streets in Portuguese Bend area after the development of a property. He added that the video demonstrates the impacts of increased building without proper mitigations. Jack Downhill, stated that his property is 6.94 acres in the upper right corner of Zone 2 and that he has not been treated equitably in this process, and would like his property to be subdivided and treated equally along with the others. He added that the work of the Abalone Cove Landslide Abatement District (ACLAD) is the reason the landslide has not progressed more quickly and commented on the drainage and storm water issues in Alta Mira Canyon. Mayor Duhovic read from a recent Administrative Report written by staff regarding the preparation of a Project Study Report (PSR) for the Alta Mira Canyon Storm Drain Page 7 of 11 B-7

8 project. He noted Council is aware of and looking forward to receiving additional information regarding the Alta Mira Canyon Storm Drain project. Minas Yerelian, stated that drainage should be required for each lot that is developed in Zone 2 with the property owner of the individual lot bearing the cost of the drainage installation. He added that there should be a requirement that for every tree removed from a lot, another needs to be planted. Gary Weber, spoke in support of Mr. Downhill, noting that his 6.94 acre parcel is located at the upper portion of Vanderlip Drive. He stated that there is a consensus regarding the geology of the area; and as reported in the EIR and in a 1993 report from Perry Ehlig, lots in Zone 2 could be developed without adversely affecting the stability of the large ancient landslide. He encouraged a level of fairness and equality from the ordinance and Zone 2 project. He reported Mr. Downhill has submitted an application for a moratorium exclusion and noted that the geological studies and borings on Mr. Downhill s property has been more extensive than that of the Monks lots. He noted that Mr. Downhill is not requesting extraordinary favoritism but the Council can, with the ordinance, allow the larger lots to come under the same process as the remaining 31 lots. Gordon Leon, Rancho Palos Verdes, stated that he is an owner of a Zone 2 lot and reported that he is the Chair of the Portuguese Bend Community Association Architecture Committee and noticed the differences in the requirements for the 16 Monks lots as they are being developed. He explained his understanding of the process, and encouraged the Council to not certify the FEIR until lessons learned can be collected from the existing development of the Monks lots. RECESS AND RECONVENE: Mayor Duhovic called a brief recess from 8:24 P.M. to 8:32 P.M. Mayor Pro Tem Knight arrived at the meeting at 8:32 P.M. Mayor Duhovic reported that Mayor Pro Tem Knight has recused himself and left the dais during the discussion of this item. Don Christy, Rancho Palos Verdes, provided a recap of John Vanderlip s purchase of the Vanderlip property in 1977; noting that the top portion of the property has historical landmarks dating back to 1913 lot when Frank Vanderlip purchased Palos Verdes. He stated that the family desires a portion of the 5.3 acre property, so that one-quarter of the property could be retained by the family. Jim Knight, citizen of Portuguese Bend Community, stated that he was in favor of the continuation of this item as indicated in the staff recommendation. He noted that Zone 2 has legal, geotechnical, hydrological, and erosion issues; and the Council has heard Page 8 of 11 B-8

9 requests from the constituents to not make a bad situation worse. He provided comments regarding the decisions made regarding the Monks case. He noted the staff report suggested the recommendations would avoid legal liabilities to the City, and referenced claims for the recent landslides in Oso, Washington. He referenced a book titled The Death of Common Sense which notes that some laws and court actions condone actions that are contrary to everyday common sense, and encouraged the Council to use common sense regarding the development of lots in the Zone 2 area. Discussion ensued among Council Members, City Attorney Lynch, and staff. Councilwoman Brooks moved, seconded by Councilman Misetich, to continue the public hearing to June 17, 2014 to allow staff and the consultants to address the additional comments made by the public and issues raised by the City Council. The motion passed on the following roll call vote: AYES: NOES: ABSENT: Brooks, Campbell, Misetich and Mayor Duhovic Knight (recused) ITEMS REMOVED FROM THE CONSENT CALENDAR: Award of Contract for Salvation Army Trail Improvement Project (Supports 2014 City Council Goal No. 2, Public Infrastructure) City Clerk Morreale reported that this item was removed from the Consent Calendar for separate consideration by Councilman Campbell. In response to a question from Councilman Campbell, Director of Public Works Throne stated that staff would be consider fencing options other than chain link fencing. Councilwoman Brooks moved, seconded by Mayor Duhovic, to approve the staff recommendation to: 1) Approve Plans and Specifications for the Salvation Army Trail Improvement Project; 2) Award a construction contract for the Salvation Army Trail Improvement project to Bennett Enterprises dba Bennett Landscape in the amount not to exceed $189,934 and authorize staff to spend an additional 10% contingency in the amount of $18,993 for unforeseen conditions for a total authorization of $208,927; 3) Authorize the Mayor and City Clerk to execute the construction contract with Bennett Landscape; and, 4) ADOPT RESOLUTION NO , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION , THE BUDGET APPROPRIATION FOR FISCAL YEAR , FOR A BUDGET ADJUSTMENT TO THE CITY S PARKS, TRAILS AND OPEN SPACE IMPROVEMENTS PROGRAM IN THE CAPITAL IMPROVEMENT PROJECTS FUND, IN THE AMOUNT OF $14,985 AND AUTHORIZING EXPENDITURE OF THIS AMOUNT FOR THE SALVATION ARMY IMPROVEMENT PROJECT. Page 9 of 11 B-9

10 The motion passed on the following roll call vote: AYES: NOES: ABSENT: Brooks, Campbell, Knight, Misetich and Mayor Duhovic Award Construction Contract and Professional Services Agreement for Ryan Park Southern Entrance Realignment and Parking Lot Expansion Project (Supports 2014 City Council Goal No. 2, Public Infrastructure) City Clerk Morreale reported that this item was removed from the Consent Calendar for separate consideration by Councilman Misetich. In response to questions from Councilman Misetich, Director of Public Works Throne provided an explanation regarding the unique type of construction required, including the use of soil nail walls to be used to hold-back the concrete walls, which increased the cost of the project. Discussion ensued among Council Members and staff. Councilwoman Brooks moved, seconded by Mayor Pro Tem Knight, to approve the staff recommendation to: 1) Approve Plans and Specifications for Ryan Park Southern Entrance Realignment and Parking Lot Expansion project; 2) Award a construction contract to Tobo Construction, Inc. in the amount not to exceed $641,000, and authorize a 10% contingency in the amount of $64,100 for unforeseen conditions, for a total authorization of $705,100; 3) Award a Professional Services Agreement to KOA Corporation in the amount of $42,500 for the project s construction inspection and oversight; 4) Authorize the Mayor and City Clerk to execute the above mentioned agreements; and, 5) ADOPT RESOLUTION NO , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION , THE BUDGET APPROPRIATION FOR FISCAL YEAR , FOR A BUDGET ADJUSTMENT TO THE CITY S PARKS, TRAILS AND OPEN SPACE IMPROVEMENTS PROGRAM IN THE CAPITAL IMPROVEMENT PROJECTS FUND, IN THE AMOUNT OF $149,935 AND AUTHORIZING EXPENDITURE OF THIS AMOUNT FOR ADDITIONAL CONSTRUCTION COSTS OF RYAN PARK SOUTHERN ENTRANCE REALIGNMENT AND PARKING LOT EXPANSION PROJECT. The motion passed on the following roll call vote: AYES: NOES: ABSENT: Brooks, Campbell, Knight, Misetich and Mayor Duhovic Page 10 of 11 B-10

11 FUTURE AGENDA ITEMS: The following items were raised by Council Members as future agenda items: Appointment of a citizen representative to the LAX Community Noise Roundtable (Brooks) Proposal for ambulance station on the south side of the City (Brooks) Staff presentation regarding the process for possible renewal of the Storm Drain User Fee (Misetich) Use of the Audit Subcommittee to consider if there should be a third party review of the Public Works plan scanning project (Duhovic) 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 April 29, CLOSED SESSION REPORT: City Attorney Lynch reported that with respect to the potential litigation against the City listed under the Closed Session, a report was given and no action taken, with all Council Members present except Mayor Pro Tem Knight who was recused, due to a conflict of interest. ADJOURNMENT: At 9:13 P.M., Mayor Duhovic adjourned the meeting to an Adjourned Regular Meeting to be held at 6:00 P.M. on May 7, 2014 at Hesse Park to conduct National Incident Management System Executive Training, which will be a joint meeting with the City of Rolling Hills and City of Rolling Hills Estates. Attest: Mayor City Clerk W:\City Council Minutes\2014\ CC MINS DRAFT.doc Page 11 of 11 B-11