CC MINS 20120221 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
FEBRUARY 21, 2012
The meeting was called to order at 7:03 P.M. by Mayor Misetich at Fred Hesse
Community Park, 29301 Hawthorne Blvd.
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; Joel
Rojas, Community Development Director; Dennis McLean, Director of
Finance/Information Technology; Tom Odom, Director of Public Works; Katie Howe,
Administrative Analyst II; Greg Pfost, Deputy Community Development Director;
Kathryn Downs, Deputy Director of Finance/IT; and, Carla Morreale, City Clerk.
Also present was: Jewel Johnson, Park Ranger, Mountains Recreation and
Conservation Authority; and Robin Harris, Attorney, Richards, Watson and Gershon.
FLAG SALUTE:
The Flag Salute was led by Deputy City Manager Carolynn Petru.
CEREMONIAL:
Mayor Misetich recognized Charles Eldred as the first Palos Verdes Peninsula Chamber
of Commerce "King of the Hill" and presented him with a certificate for his fundraising
efforts which focused on education.
MAYOR'S ANNOUNCEMENTS:
Mayor Misetich announced the upcoming annual "Whale of a Day" Event to be held on
March 3, 2012 at Pt. Vicente Interpretive Center.
Mayor Misetich introduced Sgt. Will Bartlett of the Los Angeles County Sheriffs
Department who encouraged vigilance against crime in the community. He provided
Crime Prevention Tips and offered to speak at homeowners associations regarding this
topic. Councilwoman Brooks encouraged homeowners to use the City's free Do Not
Disturb/No Solicitation notification stickers at their homes.
City Council Minutes
February 21, 2012
Page 1 of 19
RECYCLE DRAWING:
Mayor Misetich announced Recyclers of the Month from the February 7, 2012 City
Council meeting: Chun-Ming Yen and Bulend Burad. 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.
APPROVAL OF AGENDA:
Councilwoman Brooks moved approval of the Agenda.
City Manager Lehr requested that Item No. 9 (Employee Performance Incentive
Program (PIP) Performance Goals for FY 2011-12) be pulled and rescheduled for a
future agenda, at the Mayor's suggestion.
Mayor Pro Tem Campbell requested that Item No. 8 (Consider Request for Proposal—
City Banking Relationship) be pulled from the agenda.
Councilwoman Brooks moved, seconded by Councilman Duhovic, to approve the
agenda, with Item No. 8 (Consider Request for Proposal—City Banking Relationship)
and Item No. 9 (Employee Performance Incentive Program (PIP) Performance Goals for
FY 2011-12) removed from the agenda.
Without objection, Mayor Misetich so ordered.
PUBLIC COMMENTS:
John Freeman, President, Pacific View Homeowners Association, Rancho Palos
Verdes, stated that he refers to the General Plan regarding any changes at Hesse Park
and suggested that the City consider a transparent Plexiglas backboard for temporary
banners at sites throughout the City. He offered to fund the cost for the two transparent
backboard signs at Hesse Park.
Dr. Linda Varner, Rancho Palos Verdes, stated that she lives on Seacliff Drive adjacent
to the Palos Verdes Nature Preserve and has concern with the lack of maintenance and
dead brush on the adjacent property, noting that she is able to obtain homeowner's
insurance from only one company due to the fire hazard of the brush.
CITY MANAGER REPORT:
Deputy City Manager Petru provided an update report regarding the status of the
Temporary Banner Signs at park sites and three locations in the public right-of-way.
She noted that staff is reviewing the following components of the Banner Sign Program:
City Council Minutes
February 21, 2012
Page 2 of 19
locations, number of banners, design and size, and aesthetic appearance. She
reported that the item would be agendized within the next month.
City Manager Lehr reported that materials have been posted on the City's website
regarding the Civic Center Master Plan. Deputy City Manager Petru provided an
overview of the separate webpage regarding the Civic Center Master Plan. She
highlighted the various studies, staff reports, and other informational materials available
on the webpage regarding this project.
City Manager Lehr reported that the City has provided additional information, to
enhance transparency, on the City's website regarding of Employee Compensation.
Director of Finance/IT McLean provided an overview of the webpage containing this
information.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that Late Correspondence was distributed prior to the
meeting regarding Item F (Southern California Edison Power Outages), Item G
(Abalone Cove Shoreline Park— Land and Water Conservation Fund Grant Budget
Appropriation) and Item K (Approve Second Amendment to the Universal Waste
Systems, Inc. Residential Solid Waste Agreement); and there were requests to speak
regarding Item C (Adoption of Ordinance No. 531 — Change to the City's Official
Digitized Zoning Map), Item D (Adoption of Ordinance No. 532 — Change to the City's
Municipal Code Pertaining to the Interpretation Procedure for Open-Space Hazard
Boundary Line Adjustments), Item F (Southern California Edison Power Outages), and
Item H (December 2011 Monthly Report of Cash Balances).
Councilwoman Brooks requested that Item G (Abalone Cove Shoreline Park— Land and
Water Conservation Fund Grant Budget Appropriation) be removed from the Consent
Calendar.
Councilman Duhovic asked for clarification regarding Geographic Information System
(GIS) invoices on Item I (Register of Demands), as he understood the PV on the Net
contract had been converted to a flat monthly billing rate.
Director of Finance/IT McLean stated that he had not printed out a copy of the Register
of Demands and would review it at the break and report back to him.
City Clerk Morreale reported that she received a request to speak regarding Item
(Register of Demands).
City Council Minutes
February 21, 2012
Page 3 of 19
Councilwoman Brooks moved, seconded by Councilman Knight, to approve the
Consent Calendar, as amended, with Item C (Adoption of Ordinance No. 531 — Change
to the City's Official Digitized Zoning Map), Item D (Adoption of Ordinance No. 532 —
Change to the City's Municipal Code Pertaining to the Interpretation Procedure for
Open-Space Hazard Boundary Line Adjustments), Item F (Southern California Edison
Power Outages), Item G (Abalone Cove Shoreline Park— Land and Water Conservation
Fund Grant Budget Appropriation), Item H (December 2011 Monthly Report of Cash
Balances), and Item I (Register of Demands) removed from the Consent Calendar.
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 3, 2012 Regular Meeting; January 17, 2012
Regular Meeting; January 31, 2012 Adjourned Regular Meeting (Interviews); February
2, 2012 Adjourned Regular Meeting (RPV TV Interviews); February 3, 2012 Adjourned
Regular Meeting (Salute to Business Dinner); February 6, 2012 Adjourned Regular
Meeting (Interviews); and February 7, 2012 Adjourned Regular Meeting (Interviews).
Adoption of Ordinance No. 531 — Change to the City's Official Digitized Zoning
Map
This item was removed from the Consent Calendar for separate consideration.
Adoption of Ordinance No. 532 — Change to the City's Municipal Code Pertaining
to the Interpretation Procedure for Open-Space Hazard Boundary Line
Adjustments
This item was removed from the Consent Calendar for separate consideration.
FY11-12 Midyear Financial Report
City Council Minutes
February 21, 2012
Page 4 of 19
1) Received and filed the Midyear Financial Report; and, 2) ADOPTED RESOLUTION
NO. 2012-10, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, AMENDING RESOLUTION NO. 2011-44, THE BUDGET
APPROPRIATION FOR FY11-12, TO ADJUST THE BUDGET IN VARIOUS FUNDS
OF THE CITY.
Southern California Edison Power Outages
This item was removed from the Consent Calendar for separate consideration.
Abalone Cove Shoreline Park— Land and Water Conservation Fund Grant Budget
Appropriation
This item was removed from the Consent Calendar for separate consideration.
December 2011 Monthly Report of Cash Balances
This item was removed from the Consent Calendar for separate consideration.
Register of Demands
This item was removed from the Consent Calendar for separate consideration.
Approve Universal Waste Systems, Inc. Annual Commercial Hauler Agreement for
2012
1) Authorized the Mayor and the City Clerk to execute a one-year non-exclusive
commercial refuse collection and disposal services agreement with Universal Waste
Systems, Inc. for 2012; and, 2) ADOPTED RESOLUTION NO. 2012-11, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
AMENDING RESOLUTION 2011-93 LIMITING THE NUMBER OF HAULERS
AUTHORIZED TO PROVIDE SOLID WASTE COLLECTION AND RECYCLING
SERVICES FROM COMMERCIAL PREMISES, AND ROLL OFF SERVICES TO
RESIDENTIAL AND COMMERCIAL PREMISES IN THE CITY OF RANCHO PALOS
VERDES IN CALENDAR YEAR 2012.
Approve Second Amendment to the Universal Waste Systems, Inc. Residential
Solid Waste Agreement
Approved the Second Amendment to the Universal Waste Systems, Inc. residential
solid waste agreement.
Abalone Cove Sewer Pump Station Repairs
City Council Minutes
February 21, 2012
Page 5 of 19
1) Based on the facts set forth in this report, found that an emergency exists which will
not permit a delay arising from a competitive solicitation for bids and that the actions
taken below are necessary to respond to the emergency; 2) Approved and authorized
the Director of Public Works to execute a Not to Exceed Contract in the amount of
$46,000 with Multi W. Systems, Inc., to make necessary repairs; and, 3) ADOPTED
RESOLUTION NO. 2012-12, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2011-44, THE
BUDGET APPROPRIATION FOR FISCAL YEAR 2011-12, FOR $46,000 TO REPLACE
THE PUMP STATION INFRASTRUCTURE AT ABALONE COVE.
# # # # # # #
ITEMS REMOVED FROM THE CONSENT CALENDAR:
Adoption of Ordinance No. 531 — Change to the City's Official Digitized Zoning
Map
City Clerk Morreale reported that there was one request to speak regarding this item.
Jessica Leeds, Rancho Palos Verdes, stated that she was confused regarding the
Digital Zoning Map for this agenda item, since she has seen only a small version of the
map. She inquired if she could access a larger map to see if this ordinance affects her
property.
Community Development Director Rojas explained that the Digital Zoning Map is on the
City's website and this proposed correction was made to the Open Space Hazard areas
only in the Eastview section of the City.
Councilwoman Brooks moved, seconded by Councilman Knight, to: ADOPT
ORDINANCE NO. 531, AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES, MAKING A CORRECTION TO THE CITY'S OFFICIAL DIGITIZED ZONING
MAP TO CORRECT AN ERROR.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
ABSTAIN: None
Adoption of Ordinance No. 532 — Change to the City's Municipal Code Pertaining
to the Interpretation Procedure for Open-Space Hazard Boundary Line
Adjustments
City Council Minutes
February 21, 2012
Page 6 of 19
City Clerk Morreale reported that there was one request to speak regarding this item.
Jessica Leeds, Rancho Palos Verdes, inquired as to the meaning of an Open-Space
Hazard Boundary Line and asked if the area between her property and that of the
Trump Organization would be classified as Open-Space Hazard.
Community Development Director Rojas explained that the Open-Space Hazard zoning
designation originated with the first Zoning Map of the City. He noted that it was
primarily canyon areas, steep areas, landslide areas, and the coastal bluffs. Director
Rojas briefly explained that through this proposed ordinance, applicants have the
opportunity to request an adjustment to the Open-Space Hazard Line on their property
up to 100 feet without a fee, since the zoning boundary lines are not precise.
Councilman Knight moved, seconded by Councilman Duhovic, to: ADOPT
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.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
ABSTAIN: None
Southern California Edison Power Outages
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there were three requests to speak regarding this item.
Beverly Ackerson, Rancho Palos Verdes, reported that she has had a fire at her home
in December 2010, frequent power outages, and flickering lights at her home due to
older SCE electric lines, noting that she has had frequent problems since the Smart
Meter was installed at her home.
John Wessel, Rancho Palos Verdes, reported on a past incident when he was startled
by a giant explosive sound followed by a fire from power lines in McCarrell Canyon
below his home. He noted concern with considerable fire damage to the environment in
the open spaces and stated that SCE is not utilizing the best possible standard in
technology of power lines that are raptor and avian safe. He encouraged the City to
address these issues more strongly in its letter to avoid the electrocution of raptors and
resulting fires.
City Council Minutes
February 21, 2012
Page 7 of 19
Councilman Knight moved, seconded by Councilman Duhovic, to approve the staff
recommendation to: Authorize the Mayor to sign the draft letter to Southern California
Edison (SCE) encouraging SCE to implement appropriate measures to reduce the
frequency and duration of power outages in Rancho Palos Verdes and throughout the
Palos Verdes Peninsula, and direct staff to prepare a follow-up letter in the future
regarding environmental and safety issues.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
ABSTAIN: None
December 2011 Monthly Report of Cash Balances
Ken Dyda, Rancho Palos Verdes, suggested that there should be a footnote on the
bottom of the Monthly Cash Balance Sheet that would clearly explain the adjustments.
Received and filed the December 2011 Monthly Report of Cash Balances for the City of
Rancho Palos Verdes.
Director of Finance McLean reported that an explanation regarding the nature of the
adjustments was provided in the staff report and that there would be the segregation of
electronic transactions and material adjustments in the future for clarity.
Councilwoman Brooks moved, seconded by Mayor Misetich, to approve the staff
recommendation to: Receive and file the December 2011 Monthly Report of Cash
Balances for the City of Rancho Palos Verdes.
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
Ken Dyda, Rancho Palos Verdes, complimented staff on the reduction of acronyms
included in the Register to a lower and acceptable level to make the report more
acceptable and readable.
City Council Minutes
February 21, 2012
Page 8 of 19
Councilwoman Brooks moved, seconded by Councilman Knight, to: ADOPT
RESOLUTION NO. 2012-13, 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.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, and Mayor Misetich
NOES: Duhovic
ABSENT: None
ABSTAIN: None
PUBLIC HEARINGS:
Correction to the Recent Minor Miscellaneous "Clean-Up" Amendments to the
City's Development Code (Case No. ZON2011-00023)
City Clerk Morreale reported that notice of the public hearing was duly published, no
written protests received, and there was one request to speak regarding this item.
Mayor Misetich declared the public hearing open.
Community Development Director Rojas provided a brief staff report regarding this item.
Jessica Leeds, Rancho Palos Verdes, stated that Section 17.02.040 of the Municipal
Code states that a roof deck or balcony shall not create an unreasonable infringement
on privacy. She stated that in the View Preservation Restoration Guidelines there is a
statement regarding "significant" view impairment, and she inquired who makes the
determination on what is "significant." She stated that she understood that roof decks
and balconies were not allowed on an accessory structure or detached garage were
allowed, noting that the proposed language seemed to be allowing them. She noted
concern with privacy if they are to be allowed.
Councilman Duhovic moved, seconded by Councilwoman Brooks, to adopt staff
recommendation to: INTRODUCE ORDINANCE NO. 533, AN ORDINANCE OF THE
CITY OF RANCHO PALOS VERDES, APPROVING AN INADVERTENT AMENDMENT
MADE TO SECTION 17.02.030(D)(4) (ROOF DECKS AND BALCONIES) AS PART OF
THE RECENT MINOR MISCELLANEOUS "CLEAN-UP" AMENDMENTS TO TITLE 17
(ZONING) OF THE CITY'S MUNICIPAL CODE VIA ORDINANCE NO. 529 (PLANNING
CASE NO. ZON2011-00023).
Mayor Misetich declared the public hearing closed.
The motion passed on the following roll call vote:
City Council Minutes
February 21, 2012
Page 9 of 19
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
ABSTAIN: None
City Advisory Board Appointments
City Clerk Morreale provided a brief staff report on this item, noting that she would be
distributing ballots for the Council to select members to serve on the Planning
Commission, Finance Advisory Committee, and Oversight Committee for the Water
Quality Flood Protection Program (Oversight Committee).
Mayor Misetich noted, on behalf of the entire Council, that they were impressed with the
number of well-qualified residents who offered their services to the City in this capacity.
City Clerk Morreale distributed ballots for the appointments to the Planning
Commission.
After one round of balloting, William Gerstner, Robert A. "Bob" Nelson, and David
Tomblin were appointed to the Planning Commission each with a four-year term of
office until December 2015, pursuant to the Municipal Code.
City Clerk Morreale distributed ballots for the appointments to the Finance Advisory
Committee.
After three rounds of balloting, Dora M. de la Rosa, Romolo "Ron" Santarosa, and Tuan
Ho were appointed to the Finance Advisory Committee.
City Clerk Morreale noted that one additional Council decision was necessary regarding
which of the newly selected appointees would fill the shorter term of office ending in
December 2014, which was created by the successful election of Councilman Duhovic.
Councilwoman Brooks moved, seconded by Councilman Knight, to appoint Tuan Ho to
the unexpired term of office ending in December 2014; which resulted in the
appointment of Dora M. de la Rosa and Ron Santarosa to serve for four-year terms of
office until February 2016.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
ABSTAIN: None
City Council Minutes
February 21, 2012
Page 10 of 19
City Clerk Morreale distributed ballots for the appointments to the Oversight Committee.
After two rounds of balloting, Krista Johnson, Yi Hwa Kim, and Elizabeth Sala were
appointed to the Oversight Committee.
Mayor Misetich congratulated each of the appointees on behalf of the entire Council.
RECESS AND RECONVENE:
Mayor Misetich called for a brief recess from 8:29 P.M. to 8:41 P.M.
Uses at Rancho Palos Verdes Beach
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there were 22 requests to speak regarding this item.
Administrative Analyst Howe provided a detailed staff report regarding the item
including the following issues: current use of the site; an overview of dog beaches in
California; environmental impact; safety and liability; access and parking; maintenance
and enforcement and related costs; public outreach; and possible alternatives for
Council's consideration.
Mayor Misetich disclosed that over the past weekend he and Councilman Duhovic
visited the beach site and saw Councilman Knight and his dog at the location.
Councilwoman Brooks reported that she was also at the site with her dogs over the
weekend. Councilman Duhovic noted that during their site visit they saw Administrative
Analyst Howe at the location.
Discussion ensued between Council Members and staff.
Bruce Hoffman, Rancho Palos Verdes, stated that the Sunset Trail is an improved trail;
noted that enforcement on top of the bluff was worthless since once down at the beach
dogs will go into the water, which he opined was illegal; and noted concern with dog
feces and environmental issues. He encouraged the Council to meet with the other
Peninsula cities to approach Don Knabe regarding providing a dog park on the
Peninsula.
Oliver Hazard, Rancho Palos Verdes, stated that he is a Los Angeles County lifeguard
and has grown up in the area, but has discontinued use of the beach in recent years
due to chaotic use of beach by people with their dogs. He raised concerns with the
expense of enforcement; the land movement and safety along the Sunrise Trail; and
has heard of people being attacked by dogs down at the beach.
City Council Minutes
February 21, 2012
Page 11 of 19
Bruce Megowan, Palos Verdes Estates, stated that he has led an effort to find a location
on the Peninsula for a dog park. He noted the County Landfill site would be an ideal
location for a dog park and stated he was ambivalent about the dog beach because of
problems regarding mixing large and small dogs at the site and the difficult access to
this particular beach. He encouraged the elected officials from the four Peninsula cities
to continue approaching County of Los Angeles Supervisor Knabe regarding the use of
the County Landfill site as a dog park.
Eric Johnson, Rancho Palos Verdes, stated that he grew up in the area and uses the
beach a great deal. He reported that the beach has historically been lightly used as a
dog beach, but the use has increased between 5-10 times what it was last year. He
raised concerns of dog waste, people being knocked down by dogs on the Sunset Trail,
and public health and safety.
Kathi Wolfrum, Rancho Palos Verdes, stated that she has been using the beach for
years, but the dog traffic on the beach has increased greatly. She raised concerns with
the increased number of dogs at the site; excited dogs running in groups; irresponsible
beach goers; lack of trash cans; lack of restrooms for the public; serious damage to the
beach environment; and the minimal number of hours proposed for enforcement.
Barry Shapiro, Rancho Palos Verdes, stated he is in favor of the dog beach, and
brought his dog to the beach last weekend and only witnessed a handful of dogs at the
location. He noted that there have been no calls for service from the Lomita Sheriff's
Station for two years regarding problems with dogs at this location. He reported that he
contacted Los Angeles Animal Control in Carson and they had a record of one reported
dog bite in ten years.
Cornelia Bernstein, stated that she has been using the beach about three times a week
for the last three years, noted that she has not seen the beach overcrowded and dirty;
has witnessed only one altercation between dogs over the years; and that her large dog
receives necessary exercise when he runs and swims at this beach.
Bill McLaughlin, Rancho Palos Verdes, stated that the County Landfill site sounds like a
good location for a dog park. He noted that he would like to see people and dogs at
Rancho Palos Verdes Beach. He suggested a possible requirement of leashes for large
aggressive dogs, but noted he was in favor of a trial period for the beach. .
Dana Dorsett, Rancho Palos Verdes, stated that she is opposed to an off-leash dog
beach, has concerns regarding potentially dangerous or aggressive dogs, noting that in
one recent encounter at the beach an aggressive dog approached her grandchild and
the owner did nothing to restrain the dog. She commented on a handout she distributed
regarding a study by the California legislature regarding a finding that potentially
dangerous and vicious dogs have become a serious and widespread threat to the
citizens of the State.
City Council Minutes
February 21, 2012
Page 12 of 19
Jeffrey Dorsett, Rancho Palos Verdes, stated that he is a dog owner, but is opposed to
the use of the Rancho Palos Verdes beach as an off-leash dog beach. He stated that
the use of the beach has increased due to improved trails access, and noted a dramatic
increase in off-leash dog usage of the beach in the last year. He stated that he no
longer takes his wife and grandchildren down to the beach due to the increase in
number of unleashed aggressive dogs at the site.
Carol Mueller, Rancho Palos Verdes, stated that she is opposed to the use of Rancho
Palos Verdes Beach as an off-leash dog beach and noted that it is difficult to enforce
the leach laws in neighborhoods.
Lia Oprea, Redondo Beach, stated that she is in favor of a well managed off-leash dog
beach. She stated that there should be an obedience test that dogs should have to
pass and a permit granted before they are allowed to run off-leash on the beach. She
suggested that there could be limited times that dogs are not allowed on the beach,
such as weekends.
Darren McClung, San Pedro, stated that he has used the beach for years and is in favor
of the dog beach. He suggested that there could be alternating days or black-out times,
and establishing paid entry fees to the beach. He stated that there should be a
compromise between those who visit the beach without dogs and those who visit with
dogs.
Arthur Brock, Rancho Palos Verdes, stated that he was in favor of the dog beach since
there is no other dog park nearby. He stated that there needs to be a dog park on the
Peninsula to take some of the pressure off of the beach.
David Schucker, Rancho Palos Verdes, stated that he has been using the beach for
three years and has never seen more than 20 dogs on the beach at a time; has not
seen an increase in traffic; and has never seen dog feces or damage by dogs done to
the beach. He opined that there will not be people coming from hours away due to the
isolated location of the beach
Jessica Leeds, Rancho Palos Verdes, stated that she has concerns regarding the
monitorin g of dog s in the water; dogs running freely off-leash; and the impact to the
environment and natural habitat. She reviewed the list of requirements to use the Santa
Monica dog park including the payment of a $16.00 fee; and expressed concern
regarding the limited number of parking spaces at the Trump site location which will
force traffic into the surrounding neighborhoods.
Gary Randall, Rancho Palos Verdes, stated that he has used the Rancho Palos Verdes
Beach area for 35 years and shared a story regarding his son who was knocked down
by an aggressive dog when he was young, which has resulted in his son's fear of dogs.
City Council Minutes
February 21, 2012
Page 13 of 19
He noted that he was in favor of a dog park as the correct alternative. He noted that
fencing at the beach was not viable; there was a lack of restroom facilities; parking and
traffic in the area is problematic; and emergency access down to the beach is poor. He
strongly urged the Council to: not change the City's ordinances; educate the public
about existing ordinances and immediately enforce them; continue investigating an
appropriate location for a dog park; and develop a plan where users of the park will
mitigate the costs.
Jan F. Simon, Rancho Palos Verdes, stated that she and her husband have used the
beach once a week for 42 years. She added that she regularly carries a bag with her to
clean up the beach, noting there was very little to clean up; has witnessed almost no
altercations between dogs over the years; and has never witnessed aggressive dogs at
the beach, noting that even those breeds that are considered more aggressive play with
her dogs.
Steve Cummins, Rancho Palos Verdes, stated that he is in opposition to the use of the
beach by dogs, due to the following concerns: public health and safety issues, risks to
the environment, wear and tear on the beach, costs, and the difficult access by
emergency vehicles.
Debra Dykstra, Rancho Palos Verdes, stated that she is in favor of the dog beach;
leashing should be required down to the beach; and noted there was some natural
isolation due to the drive and the trails which would reduce some of the traffic. She
opined that there are miles of beach available in nearby areas for those who are afraid
of dogs. She stated that if the location is to be used as a dog friendly area, it would be
important to have signage at the site advising of this use; and opined that people should
not bring food down to the beach if dogs are present.
Barb Lancaster, San Pedro, has used the beach for six years and picks up trash when
she visits the beach; and helps police the beach and removes approximately 2 pounds
of dog feces from the beach and trails daily. She was in favor of establishing permits
and fees for use of the beach.
RECESS AND RECONVENE:
Mayor Misetich called a brief recess from 10:03 P.M. to 10:12 p.m.
Jewel Johnson, Park Ranger, Mountains Recreation and Conservation Authority
(MRCA), in response to Council questions commented on the hours of enforcement;
increased traffic; access to the beach trails; the contrast of uses due to the Golf Course,
Founders Park, and the beach; different access trails to the beach site to help lessen
the traffic through the Trump National location; education and enforcement needs which
would be based on the level of use of the beach.
City Council Minutes
February 21, 2012
Page 14 of 19
Discussion ensued between Council Members and staff.
Councilwoman Brooks moved, seconded by Mayor Pro Tem Campbell to approve
Alternative No. 1 to establish a 12-month pilot program for an off-leash dog beach at
Rancho Palos Verdes Beach, including an immediate increase in Mountains Recreation
& Conservation Authority Park Ranger enforcement of leash laws in the public parking
lots, Founders Park and the public trails at Trump National Golf Course, and the
installation of appropriate signage while the environmental analysis is underway.
Further staff was directed to work with the Planning Commission to examine and make
recommendations to the City Council regarding the possibility of bifurcating the beach
with fencing or some other method to delineate the allowed off-leash area; explore the
concept of requiring permits for dogs to use the off-leash beach, the schedule of
operations, including times of days, days of the week or seasons; and, any other
recommendations pertinent to the operation of the off-leash dog beach.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, and Mayor Misetich
NOES: Knight
ABSENT: None
ABSTAIN: None
Councilwoman Brooks moved, seconded by Mayor Misetich, to continue the meeting to
no later than 11:15 p.m.
Without objection, Mayor Misetich so ordered.
Councilwoman Brooks moved, seconded by Mayor Pro Tem Campbell, to continue Item
No. 4 (Consider Traffic Control Alternatives for the Crest Road at Whitley Collins
Pedestrian Crossing) to the March 6, 2012 Council Meeting.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
ABSTAIN: None
CITY MANAGER REPORT: (Continued)
City Manager Lehr stated that as part of her City Manager's Report she intended to
point out that there was included behind the City Manager's Report tab a record of the
2011 and 2012 Public Records Request Tracking Log per the request of Mayor Pro
Tem Campbell.
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February 21, 2012
Page 15 of 19
Agency Shop Agreement between the City of Rancho Palos Verdes and the
Rancho Palos Verdes Employees Association
City Clerk Morreale reported that there was one request to speak regarding this item.
City Attorney Lynch provided a brief staff report regarding this item.
Ken Dyda, Rancho Palos Verdes, stated that an annual report can be requested and an
audit can be done by an Independent Auditing Firm and suggested that those two points
should be a matter of City policy.
Councilman Duhovic moved, seconded by Mayor Pro Tem Campbell, to: Accept the
Agency Shop Agreement as revised, and ADOPT RESOLUTION NO. 2012-14, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
APPROVING AN AGENCY SHOP AGREEMENT AND AUTHORIZING THE CITY'S
LABOR RELATIONS REPRESENTATIVE TO IMPLEMENT THE AGREEMENT.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
ABSTAIN: None
Next Steps in Redevelopment Agency Dissolution — Housing Assets and
Functions
City Clerk Morreale reported that there was one request to speak regarding this item.
The speaker passed on his initial request to speak on the matter.
Deputy Community Development Director Pfost provided a brief staff report regarding
the next steps in Redevelopment Agency dissolution which was for the Council to
decide whether or not to retain the Agency's Housing Assets and Functions.
Discussion ensued between Council Members, staff, and City Attorney Lynch.
City Attorney Lynch introduced one of her firm's partners, Robin Harris, whose area of
expertise is Redevelopment Agencies and the dissolution of the same.
Robin Harris, Attorney, Richards, Watson and Gershon, in response to Councilman
Duhovic's questions regarding liability and potential future requirements, explained that
AB26 provides that the entity that takes over the housing functions and assets is taking
City Council Minutes
February 21, 2012
Page 16 of 19
over the duties associated with housing, although it fails to identify what those duties
are. She continued that there are housing obligations currently in Redevelopment law
that apply to Redevelopment Agencies, but one of the unknowns is since there is no
longer a funding source for housing, will there still be obligations without the funding.
She continued that the one obligation that comes to mind is the requirement of the City
to provide affordable housing with the development of new housing in the City. She
concluded that the Senior Affordable Housing Project that was recently built in the City
has provided a surplus of affordable units, which can be carried over into the future.
She explained that in all likelihood, this means that the surplus units would more than
take care of any remaining housing obligation that might still exist.
Councilwoman Brooks moved, seconded by Mayor Pro Tem Campbell, to: ADOPT
RESOLUTION NO. 2012-15, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, ELECTING FOR THE CITY TO RETAIN THE
HOUSING ASSETS AND FUNCTIONS PREVIOUSLY PERFORMED BY THE
RANCHO PALOS VERDES REDEVELOPMENT AGENCY AND ACCEPTING THE
TRANSFER OF ALL RIGHTS, POWERS, DUTIES, AND OBLIGATIONS ASSOCIATED
WITH THE HOUSING ACTIVITIES OF THE REDEVELOPMENT AGENCY.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
ABSTAIN: None
Mayor's Appointment of City Council Members to an Ad Hoc Subcommittee on
Council Rules of Procedure, Council Protocols, and Code of Conduct for
Committee/Commission Members
City Clerk Morreale reported that there was one request to speak regarding this item.
The speaker passed on his initial request to speak on the item.
Mayor Misetich provided a brief report regarding his desire to create an Ad Hoc
Subcommittee to review the Council Rules of Procedure and prepare a Council and
Committee/Commission Protocol document.
Discussion ensued between Council Members regarding issues to be discussed
including appropriate Council roles to enable the Council to work together as a team.
Councilwoman Brooks moved, seconded by Mayor Misetich, to appoint an Ad Hoc
Subcommittee consisting of Mayor Misetich and Councilwoman Brooks to perform a
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February 21, 2012
Page 17 of 19
comprehensive review of Council Rules of Procedures, Council Protocols, and Code of
Conduct for Committee and Commission Members.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
ABSTAIN: None
Abalone Cove Shoreline Park— Land and Water Conservation Fund Grant Budget
Appropriation
City Clerk Morreale reported that this item was removed from the Consent Calendar by
Councilwoman Brooks and late correspondence was distributed prior to the meeting
regarding this item.
Councilwoman Brooks reported that she asked staff questions earlier in the day and
received responses that she wanted to share with the entire Council. She reported she
had inquired regarding the amount of the budget appropriation and was informed that
the amount of$332,558 was a maximum amount that the City would contribute. In
addition, she reported that a focus group of residents that participated in the
development of the grant application would continue participating in the discussions
regarding the improvements installed through the Abalone Cove Shoreline Park Land
and Water Conservation Fund Grant.
Deputy City Manager Petru reported that with the acceptance of the Abalone Cove
Shoreline Park Land and Water Conservation Fund Grant there is a deed restriction
over the entire 70+ acres of the property requiring approval of the State of California to
make any future modifications to the site.
Councilwoman Brooks moved, seconded by Mayor Pro Tem Campbell, to: ADOPT
RESOLUTION NO. 2012-16, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, APPROVING A BUDGET APPROPRIATION FOR
THE ABALONE COVE SHORELINE PARK IMPROVEMENT PROJECT.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
ABSTAIN: None
CITY COUNCIL ORAL REPORTS:
City Council Minutes
February 21, 2012
Page 18 of 19
Mayor Misetich moved, seconded by Councilwoman Brooks, to defer the City Council
Oral Reports to the March 6, 2012 Council meeting.
Without objection, Mayor Misetich so ordered.
CLOSED SESSION REPORT:
City Attorney Lynch reported that due to the interviews with advisory board applicants,
the Council did not have the opportunity to discuss the Monks cases, Enstedt case, or
Parsons case. She reported that with respect to the Joannou case, a report was
provided and no action taken; and with respect to the Potential Initiation of Litigation by
the City concerning two homes located to the south of Palos Verdes Drive South in the
Portuguese Bend Landslide area, Council voted unanimously, all members present, to
initiate litigation to have those structures removed.
ADJOURNMENT:
At 11:27 P.M., Mayor Misetich adjourned the meeting to 6:00 P.M. on Monday, March 6,
2012 for an Adjourned Regular Meeting to interview applicants for Chair of the City
Advisory Boards.
R
Mayor
Attest:
,/
City Clerk
W:\City Council Minutes\2012\20120221 CC MINS.doc
City Council Minutes
February 21, 2012
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