CC MINS 20120207 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
FEBRUARY 7, 2012
The meeting was called to order by Mayor Misetich at Fred Hesse Community Park,
29301 Hawthorne Blvd. at 7:35 P.M.
City Council roll call was answered as follows:
PRESENT: Brooks, Campbell, Duhovic, Knight and Mayor Misetich
ABSENT: None
Also present were: Carolyn Lehr, City Manager; Carolynn Petru, Deputy City
Manager/Interim Director of Recreation and Parks; Carol Lynch, City Attorney; Dennis
McLean, Director of Finance/Information Technology (IT); Joel Rojas, Community
Development Director; Tom Odom, Director of Public Works; Ara Mihranian, Deputy
Community Development Director; Kathryn Downs, Deputy Director of Finance/IT; Ron
Dragoo, Senior Engineer; Eduardo Schonborn, Senior Planner; Abigail Harwell,
Assistant Planner; and, Carla Morreale, City Clerk.
FLAG SALUTE:
The Flag Salute was led by City Manager Carolyn Lehr.
CEREMONIAL:
Mayor Misetich introduced Recreation Services Manager Starr who announced that the
28th Annual Whale of a Day Event will be held on March 3, 2012 from 10:00 A.M. to
4:00 P.M. at Pt. Vicente Interpretive Center. Ms. Starr recognized six of the top Whale
of a Day Poster Contest Winners for 2012, noting that all the participants' posters will be
on display in the Sunset Room at Pt. Vicente Interpretive Center during the Whale of a
Day event on March 3, 2012.
MAYOR'S ANNOUNCEMENTS:
Mayor Misetich introduced Sgt. Dave Rozas who recognized the Volunteers who
participated in the December 2011 Santa's Sleigh Program. Mayor Misetich presented
each of the participants in this program with a Certificate of Appreciation for their efforts.
RECYCLE DRAWING:
Mayor Misetich announced Recyclers of the Month from the January 17, 2012 City
Council meeting: Mark Randall and Rudy Morris. He indicated that all winners receive
a check for $250 representing a year of free refuse service and urged everyone to
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February 7,2012
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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 valued at $59.95.
APPROVAL OF AGENDA:
Councilwoman Brooks moved, seconded by Councilman Knight, approval of the
Agenda, as presented.
Councilman Campbell offered an amendment that Public Hearing Item No. 2
(Revocation of a Special Use Permit that Allows the Continued Use of Two Temporary
Modular Buildings at Green Hills Memorial Park) be heard before Item No. 1 (Code
Amendment to Revise the Interpretation Procedure described in RPVMC Chapter 17.90
to Allow Greater Administrative Flexibility for the Adjustment of Open-Space Hazard
Boundary Line Locations on Private Property.)
The maker and seconder of the motion accepted the amendment.
Without objection, Mayor Misetich so ordered.
PUBLIC COMMENTS:
Laura Walters, Local Community Liaison, Los Angeles County Fire Department, stated
that she was present to provide information from the Forestry Division regarding the
Gold Spotted Oak Borer, a beetle that is destroying oak trees at an alarming rate in San
Diego County. She explained that the beetle will be spread through the sale of oak
firewood that is infested and encouraged residents who are purchasing oak firewood to
inquire as to its area of origin.
CITY MANAGER REPORT:
Director of Public Works Odom provided a status update on the San Ramon Canyon
Stabilization Project.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that Late Correspondence was distributed prior to the
meeting regarding Item C (Border Issues Status Report) and there were requests to
speak regarding Item D (December 2011 Monthly Report of Cash Balances), Item H
(Register of Demands), and Item I (Adoption of a Corrected Zoning Map).
Mayor Pro Tem Campbell requested that Item F (Records Retention and Destruction
Schedules) be removed from the Consent Calendar.
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February 7,2012
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Councilwoman Brooks moved, seconded by Mayor Pro Tern Campbell, to approve the
agenda, with Item D (December 2011 Monthly Report of Cash Balances), Item F
(Records Retention and Destruction Schedules), Item H (Register of Demands), and
Item I (Adoption of a Corrected Zoning Map) removed from the Consent Calendar.
Councilman Knight reported that regarding Item J (Award of Contract for Services to
Prepare Environmental Documents for the Crestridge Senior Condominium Residential
Project—Address: 5601 Crestridge Road), he had recently met with Trumark Company
staff and there was nothing discussed in that meeting that was not covered in the staff
report.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
ABSTAIN: 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 January 10, 2012 Adjourned Regular Meeting.
Border Issues Status Report
Received and filed the current report on the status of Border Issues.
December 2011 Monthly Report of Cash Balances
This item was removed from the Consent Calendar for separate consideration.
Notice of Completion for the Residential Streets Resurfacing Project FY2009-2010
(Area 4 and a Portion of Area 8)
1) Accepted the work as complete; 2) Authorized the City Clerk to file a Notice of
Completion with the Los Angeles (LA) 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 and
Performance bonds; and, 3) Authorized the Director of Public Works to release the
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February 7,2012
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retention payment in the amount of$94,499.32 to Sully-Miller Contracting Company 35
days after recordation of the Notice of Completion by the LA County Recorder
contingent upon no claims being filed on the project, and the contractor posting an
acceptable warranty bond.
Records Retention and Destruction Schedules
This item was removed from the Consent Calendar for separate consideration.
Establish Parking Restrictions on Park Place
ADOPTED RESOLUTION NO. 2012-07, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, ESTABLISHING PARKING
RESTRICTIONS ON PARK PLACE.
Register of Demands
This item was removed from the Consent Calendar for separate consideration.
Adoption of a Corrected Zoning Map
This item was removed from the Consent Calendar for separate consideration.
Award of Contract for Services to Prepare Environmental Documents for the
Crestridge Senior Condominium Residential Project—Address: 5601 Crestridge
Road (APN 7589-013-009)
Authorized the Mayor and the City Clerk to sign a professional services agreement in an
amount not to exceed $109,546, with Rincon Consultants, Inc., to prepare an
Environmental Impact Report (EIR) for the Crestridge Senior residential project on a
vacant property located between the existing Belmont Assisted Living facility and the
Mirandela Senior Apartments complex.
City Council Meeting Schedule — Interviews of Applicants for the City Advisory
Boards
Scheduled an adjourned regular meeting on Tuesday, February 21, 2012 at 6:00 p.m.
for make-up interviews of the following three City Advisory Board applicants: David
Bradley; Donald A. Gonzales; and Romolo "Ron" Santarosa.
# # # # # # #
ITEMS REMOVED FROM THE CONSENT CALENDAR:
December 2011 Monthly Report of Cash Balances
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City Clerk Morreale reported that there was one request to speak regarding this item.
Ken Dyda,, Rancho Palos Verdes, stated that he had a suggestion that might clarify the
item titled "adjustment" in the Monthly Report of Cash Balances. He suggested that an
asterisk with an explanation be added to provide clarity when an adjustment was
present.
Director McLean suggested that he could return with an explanation regarding the
specifics of the adjustment at the next Council meeting.
By acclamation, it was decided to continue the December 2011 Monthly Report of Cash
Balances to the February 21, 2012 Council meeting.
Register of Demands
City Clerk Morreale reported that there was one request to speak regarding this item.
Ken Dyda,, Rancho Palos Verdes, stated that in the past he was concerned with the use
of acronyms in the Register of Demands, and complimented the Finance Department
for a more complete and instructive report regarding the City's expenses.
Adoption of a Corrected Zoning Map
City Clerk Morreale reported that there was one request to speak regarding this item.
Jeanne Lacombe, President, Rolling Hills Riviera Homeowners Association (HOA),
stated that their HOA is in favor of the passage of this item, as it would bring relief to the
homeowners in that area.
Councilman Knight moved, seconded by Councilwoman Brooks, to approve the staff
recommendation for Item H (Register of Demands) and Item I (Adoption of a Corrected
Zoning Map).
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
ABSTAIN: None
Register of Demands
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ADOPTED RESOLUTION NO. 2012-08, 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.
Adoption of a Corrected Zoning Map
INTRODUCED ORDINANCE NO. 531, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, MAKING A CORRECTION TO THE CITY'S OFFICIAL DIGITIZED
ZONING MAP OF THE CITY OF RANCHO PALOS TO CORRECT AN ERROR.
PUBLIC HEARINGS:
Revocation of a Special Use Permit that Allows the Continued Use of Two
Temporary Modular Buildings at Green Hills Memorial Park (Planning Case No.
ZON2010-00366)
Mayor Misetich declared the public hearing open.
City Clerk Morreale reported that notice of the public hearing was duly published, no
written protests received, and there was one request to speak on this item.
Councilwoman Brooks moved, seconded by Mayor Misetich, to waive the staff report.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
ABSTAIN: None
John Resich, Green Hills Memorial Park, stated that he concurred with the staff report,
noting that Green Hills Memorial Park has had the required inspections.
Mayor Misetich declared the public hearing closed.
Councilwoman Brooks moved, seconded by Councilman Knight, to receive and file the
staff report.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
ABSTAIN: None
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Code Amendment to Revise the Interpretation Procedure described in RPVMC
Chapter 17.90 to Allow Greater Administrative Flexibility for the Adjustment of
Open-Space Hazard Boundary Line Locations on Private Property (Case No.
ZON2011-00168)
City Clerk Morreale reported that notice of the public hearing was duly published, written
protests included in the late correspondence distributed prior to the meeting, and there
were two requests to speak on this item.
Mayor Misetich declared the public hearing open.
Sepp Donahower, stated that he was in favor of more flexibility of the Open-Space
Hazard Boundary Lines and suggested there should be more flexibility. He shared his
personal experience regarding zoning of his property and expressed concern with a
decrease in property value due to dual zoning on his property.
Discussion ensued between Council Members and staff.
Community Development Director Rojas stated that the majority of the Open-Space
Hazard (OH) land in the City is canyon area. He stated that the OH area Mr.
Donahower is referring to is due to the active landslide, noting that the OH line needs to
follow the extent of the active landslide. He explained if there were a request for an OH
boundary adjustment in the active landslide area, the City Geologist would evaluate the
existing conditions at the site and advise if the OH boundary line should be adjusted.
Assistant Planner Harwell provided a brief staff report regarding this item.
Discussion continued among Council Members, staff, and the City Attorney.
Director Rojas explained that the City Geologist has been tasked with evaluating the OH
zoning Citywide with respect to existing conditions and geology reports on file with the
City as part of the General Plan Update. He stated that the proposed code amendment
allows a remedy for property owners to adjust the OH line on their property prior to the
update of the General Plan and subsequent zoning update being finalized. He noted
that the ordinance will stay in place until further Council action is taken to rescind it.
Jeanne Lacombe, Rancho Palos Verdes, stated that she wanted clarification if a
geology eolo report is still required if there is a request to move the OH boundary line 100
feet. She stated that she understood from the Planning Commission meeting that the
fees would be waived.
Director Rojas explained that as the ordinance is written, a geology report will not be
automatically required, but a geology site visit is required to determine if a geology
report is needed.
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Discussion ensued among Council Members, staff, and the speaker.
Mayor Misetich declared the public hearing closed.
Councilwoman Brooks moved, seconded by Mayor Pro Tem Campbell, to approve the
staff recommendation to: 1) ADOPT RESOLUTION NO. 2012-09, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ADOPTING
ADDENDUM NO. 3 TO THE NEGATIVE DECLARATION FOR ORDINANCE NO. 510,
FOR A CODE AMENDMENT TO REVISE THE INTERPRETATION PROCEDURE
(RPVMC 17.90); 2) INTRODUCE ORDINANCE NO. 532, AN ORDINANCE OF THE
CITY OF RANCHO PALOS VERDES, ADOPTING REVISIONS TO SECTION 17.90 OF
THE CITY'S MUNICIPAL CODE, THEREBY CHANGING THE ALLOWABLE
MOVEMENT OF AN OPEN-SPACE HAZARD BOUNDARY LINE THROUGH THE
INTERPRETATION PROCEDURE FROM THIRTY (30) FEET TO ONE-HUNDRED
(100) FEET; 3) Direct staff to return to Council with a report in 6 months regarding the
effectiveness of the program; and, 4) Waive all application fees and any appeal fees
associated with a request for an Interpretation Procedure to adjust an open-space
hazard district boundary line until an update of the General Plan and Zoning Map, which
will include updated mapping of the hazard areas Citywide, has been adopted by the
City Council.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
ABSTAIN: None
REGULAR NEW BUSINESS:
Rancho Palos Verdes California Coastal Trail Project
Deputy Community Development Director Mihranian provided a staff report and
PowerPoint presentation regarding this item.
Discussion ensued between Council Members and staff.
Councilman Knight moved, seconded by Mayor Pro Tem Campbell, to approve the staff
recommendation to: 1) Award a contract to Alta Planning and Design to provide plans,
specifications and cost estimate for the Rancho Palos Verdes segment of California
Coastal Trail Improvements in an amount not to exceed $75,045 and authorize staff to
spend up to a maximum of$11,257 (15% allowance) for possible additional design
work, for a total authorization of$86,302; and, 2) Authorize the Mayor to execute the
contract with Alta Planning and Design.
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The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
ABSTAIN: None
RECESS AND RECONVENE:
Mayor Misetich called a brief recess from 8:56 P.M. to 9:02 P.M.
Status on the Proposal to Develop a Floor Area Ratio (FAR) for Residential
Property (ZON2OI 0-00332)/Citywide
Mayor Misetich called for the speaker prior to the staff report.
Ken Dyda, Rancho Palos Verdes, stated that the City instituted a Neighborhood
Compatibility Committee which discussed the issue of FAR at great length. He noted
that the conclusion was that FAR could be too restrictive in some cases, or could open
the door for abuse in other cases. He cautioned that using FAR as a primary tool is not
in the best interest of Rancho Palos Verdes.
Councilwoman Brooks moved, seconded by Mayor Pro Tem Campbell, to waive the
staff report.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
ABSTAIN: None
Councilwoman Brooks moved, seconded by Councilman Duhovic, to direct the staff and
Planning Commission to no longer pursue a Code Amendment that would incorporate
FAR.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
ABSTAIN: None
Overview— Professional/Technical Services Agreement for Services Regarding
the Information Technology,System — Palos Verdes on the Net
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City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding this item.
Director of Finance/IT McLean provided a detailed staff report regarding this item which
included a brief history, overview of services, and terms of the professional/technical
services agreement between the City and Palos Verdes on the Net.
Discussion ensued between Council Members and staff regarding the IT upgrade plan,
IT service contract costs, IT service plan, and competitive bid process.
Mayor Misetich moved to ask Management Partners for a proposal to evaluate the
status of the City's IT services and the relationship with PV on the Net and provide a
recommendation regarding the best time to go out for a competitive bid process. The
motion died for a lack of a second.
Council discussion continued.
Councilwoman Brooks moved to obtain a proposal from an independent third party to
perform an assessment ofthe City's IT services and the relationship with PV on the Net
and provide a recommendation regarding the best time to go out for a competitive bid
process.
Councilwoman Brooks withdrew her motion and asked Councilman Duhovic to provide
feedback.
Discussion ensued between Council Members and staff.
Councilman Duhovic moved, seconded by Councilwoman Brooks, to: Direct staff to
obtain proposals from at least three vendors to review: 1) the 2008 Management
Partners Report; 2) the status of the IT Plan; 3) the existing IT Service Plan; 4) the
timing and nature of the competitive bid process; and, 5) to return to Council within four
weeks with the proposals.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
ABSTAIN: None
Mayor Misetich noted that it was 10:30 P.M.
Councilwoman Brooks moved, seconded by Councilman Duhovic, to continue the
meeting until 11:00 P.M.
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RECESS AND RECONVENE:
Mayor Misetich called a brief recess from 10:32 P.M. to 10:35 P.M.
Next Steps in Redevelopment Agency Dissolution — Mayor's Appointments to
Oversight Board
Deputy Director of Finance/IT Downs provided a brief staff report and PowerPoint
presentation regarding the next steps to be taken in the dissolution of the
Redevelopment Agency. She noted that the Mayor would be making two appointments
this evening to the Oversight Board, and that one of appointments was to be a member
of the Rancho Palos Verdes Employee Association and the other a resident. She
added that the Oversight Board would oversee the business of the RDA dissolution.
Council discussion ensued regarding the appointments.
Mayor Misetich appointed Ken Dyda and Kit Fox to the Oversight Board so that the
City's interests and perspective will be represented at meetings of the Oversight Board.
Without objection, Mayor Misetich so ordered.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
Records Retention and Destruction Schedules
City Clerk Morreale reported that Mayor Pro Tem Campbell requested that this item be
removed from the Consent Calendar.
Mayor Pro Tem Campbell stated that he had a question regarding the retention of
records. He suggested the retention of electronic records in electronic format instead of
printing the electronic records onto paper for the purpose of retention.
Campbell moved to retain all existing electronic documents and emails until the City
establishes a long-term policy of retention. He suggested that the City review the
electronic document policy as established by the CJPIA.
Discussion ensued between Council Members and staff. }
Mayor Pro Tem Campbell clarified his motion, seconded by Councilman Duhovic, to
direct that there be no destruction of electronic documents, including ernails, until the
City Council has established a new electronic document retention policy t,
The motion passed on the following roll call vote:
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AYES: Campbell, Duhovic, Knight, and Mayor Misetich
NOES: Brooks
ABSENT: None
ABSTAIN: None
RECESS TO CLOSED SESSION:
At 11:03 P.M., the City Council recessed into Closed Session to discuss the VH
Property Corp. and VHPS LLC v. City of Rancho Palos Verdes (Trump National)
existing litigation case.
RECONVENE TO REGULAR SESSION:
At 11:14 P.M., the Council reconvened to Regular Session.
CLOSED SESSION REPORT:
City Attorney Lynch reported that a report was provided in Closed Session and no
action was taken.
CITY COUNCIL ORAL REPORTS:
Each of the Council Members present reported on his attendance at various
organization and association meetings since the last City Council Oral Reports were
provided on January 31, 2012, with Councilman Duhovic deferring his report regarding
attendance at the Chamber of Commerce "Salute to Business" event to the Mayor.
ADJOURNMENT:
At 11:18 P.M., Mayor Misetich adjourned the meeting.
•
'Mayor
Attest:
City Clerk
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