CC MINS 20120501MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
MAY 11 2012
The meeting was called to order at 6:00 P.M. by Mayor Misetich at Fred Hesse
Community Park, 29301 Hawthorne Boulevard, and was immediately recessed into
Closed Session. The meeting reconvened at 7:09 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; Joel Rojas, Community
Development Director; Nicole Jules, Senior Engineer; Ron Dragoo, Senior Engineer;
Paul Christman, Building Official; Katie Howe, Administrative Analyst II; So Kim,
Assistant Planner; and, Carla Morreale, City Clerk.
Also present was Planning Commission Chair Paul Tetreault.
FLAG SALUTE:
The Flag Salute was led by Girl Scouts from several local Peninsula troops in
recognition of the 100th Anniversary of the Girl Scouts organization. Each Girl Scout
present highlighted a personal benefit of being a Girl Scout, and three spokespersons
highlighted the upcoming celebration to be held at the Promenade Shopping Center on
May 6, 2012 in honor of the Girls Scouts' 100th Anniversary.
MAYOR'S ANNOUNCEMENTS:
Mayor Misetich announced the recent passing of two community members — Dr.
Michael Weitzman and Former View Restoration and Planning Commissioner Gilbert
Alberio. He made the following additional announcements: 1) May 5, 2012 is the
Household Hazardous Waste Round -up to be held at City Hall, and 2) May is Building
Safety Month. Mayor Misetich reported that he received a letter of commitment from
Los Angeles City Councilman Buscaino regarding a joint project between the City of Los
Angeles and City of Rancho Palos Verdes to improve the visual aesthetics and
accessibility of the Western Avenue Corridor.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
City Council Minutes
May 1, 2012
Page 1 of 13
Mayor Misetich announced Recyclers of the Month from the April 17, 2012 City Council
meeting: Tae Sub Chung and Dr. Walter Rosskopf. 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 Emergency Preparedness Division at a value of $59.95.
APPROVAL OF THE AGENDA:
Councilwoman Brooks moved, seconded by Mayor Misetich, to approve the agenda, as
presented.
Without objection, Mayor Misetich so ordered.
PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda)
Ken Dyda, Rancho Palos Verdes, stated that the Council at its April 17, 2012 Council
Meeting, erroneously approved a minor modification for the addition of parking spaces
at Marymount College. He opined that more elements than parking spaces were
actually approved and suggested placing this item on a future agenda for
reconsideration.
Tom Redfield, Rancho Palos Verdes, stated that he was recently contacted on a
weekend by a resident who reported that there was a displaced manhole cover on
Palos Verdes Drive South near Wayfarer's Chapel. He reported that the resident had
contacted City Hall and stated that the phone recording directed callers to the dial 9 -1 -1.
He felt this was not appropriate direction since the incident was not a life- threatening
emergency.
Deputy City Manager Petru explained that the City has an arrangement with the Lomita
Sheriffs Station, as the 911 Dispatch for the area, whereby the Sheriffs Station has
contact numbers for City staff to assist in matters of this nature when City Hall is closed
to the public.
Carol Moeller, Occupy PV, Rancho Palos Verdes, stated that she was in support of the
City moving its funds from the Bank of America to a smaller local bank and noted that
she had 200 signatures in support of such action. She asked for an update report
regarding this topic.
Director of Finance McLean and Mayor Pro Tern Campbell provided a brief update
report.
Dr. Mostafa Rahimi, Ocean Front Urgent Care, Rancho Palos Verdes, announced the
opening of a new Urgent Care Center in the Golden Cove Shopping Center for
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May 1, 2012
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residents and visitors. He noted that the Urgent Care will offer home visits for residents
on the Peninsula who are unable to travel to the Urgent Care Center.
CITY MANAGER REPORT:
City Manager Lehr introduced a brief video tutorial regarding the New Main Page of the
City's Website.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
Councilwoman Brooks moved, seconded by Councilman Knight, to approve the
Consent Calendar, with Councilman Knight requesting an opportunity to ask a brief
question for clarification regarding Item E (March 2012 Monthly Report of Cash
Balances).
The motion passed on the following roll call vote:
AYES:
Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES:
None
ABSENT:
None
Councilman Knight inquired about an issue raised by Ken Dyda via email regarding an
adjustment of $107.
Director of Finance /IT McLean stated that he would research the matter and report back
to the City Council in the Weekly Administrative Report.
EMERGENCY SEWER REPAIR PROJECT:
Abalone Cove Sewer Pump Station Repairs
Reviewed and reconfirmed by four /fifths (4/5) vote, the City Council's previous action
taken on February 21, 2012, authorizing staff to continue with the actions taken to
perform emergency repairs to the Abalone Cove Sewer Pump Station located within the
Abalone Cove Shoreline Park.
OTHER CONSENT CALENDAR ITEMS:
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.
City Council Minutes
May 1, 2012
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Approval of Minutes
Approved the Minutes of the April 3, 2012 Regular Meeting and, April 17, 2012
Adjourned Regular Meeting (Interviews).
Award Contract for the FY2011 -12 Annual Sidewalk Repair Program (Supports
2012 City Council Goal No. 4 — Public Infrastructure — Citywide Street
Maintenance)
Approved the construction plans and project specifications for the FY 2011 -2012 Annual
Sidewalk Repair Program; awarded a construction contract to Mora's Equipment and
Construction, Inc. in the amount of $77,475 for the project; awarded a professional
services contract in the amount of $21,600 to Charles Abbott Associates, Inc. for project
inspection and oversight; authorized Staff to utilize an additional 10% ($9,907.50) for
project contingency; and, authorized the Mayor and City Clerk to execute the
agreements.
March 2012 Monthly Report of Cash Balances
Received and filed the March 2012 Monthly Report of Cash Balances for the City of
Rancho Palos Verdes.
Notice of Completion for the Miraleste Plaza CDBG ADA Compliant Ramps
Project
1) Accepted the work as complete; 2) Authorized the City Clerk to file a Notice of
Completion with the L.A. 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 bond; and,
3) Authorized the Director of Public Works to release the 10% retention payment in the
amount of $5,660 to CJ Concrete Construction, Inc. 35 days after recordation of the
Notice of Completion by the L.A. County Recorder, contingent upon no claims being
filed on the project, and the contractor posting an acceptable warranty bond.
Award Contracts for Construction Inspection and GPS Mapping of 2012 Storm
Drain Lining Project (Supports 2012 City Council Goal No. 4 Public Infrastructure)
1) Authorized the Mayor and City Clerk to execute a professional services agreement to
CBM Consulting, Inc. in an amount not to exceed $56,560 for inspection services, and
authorized a contingency of $10,040 for a total inspection authorization of $66,600; and,
2) Authorized the Mayor and City Clerk to execute a professional services agreement to
John M. Cruikshank Consultants, Inc. in an amount not to exceed $24,778 for GPS
mapping and documentation services, and authorized a contingency of $5,022 for a
total mapping and documentation authorization of $29,800.
City Council Minutes
May 1, 2012
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Register of Demands
ADOPTED RESOLUTION NO. 2012 -307 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.
Award Construction and Construction Management/Inspection Services
Contracts for the Vista Grande CDBG Access Ramps — ADA Compliance Project
(Supports 2012 City Council Goal No. 4 — Public Infrastructure — Citywide Street
Maintenance)
1) Approved the construction plans and contract documents, on file in the Department of
Public Works, for the Vista Grande CDBG Access Ramps- ADA Compliance Project;
2) Awarded a construction contract to Mora's Equipment & Construction, Inc. in the
amount of $33,770 for the project; 3) Awarded a professional services contract to Merit
Civil Engineering in the amount of $9,983 for project construction management and
inspection services; 4) Authorized staff to utilize an additional 10% ($4,375.30) for
contingency; and, 5) Authorized the Mayor and City Clerk to execute the agreements.
Contract for On -Call Biological and Arboricultural Consulting Services with URS
(In Support of 2012 City Council Goal to Review Existing Contracts /Consultants)
Authorized the Mayor and City Clerk to execute a professional service agreement with
URS Corporation Americas to provide on -call biological and arboricultural consulting
services on an as- needed basis to the City through June 30, 2013.
PUBLIC HEARINGS:
Revision "QQ" to the Trump National Golf Course Project— Proposed Revisions
to Driving Range
City Clerk Morreale reported that notice of the public hearing was duly published, no
written protests received, and there were no requests to speak regarding this item.
At 7:48 P.M., Councilman Duhovic recused himself from the discussion of the item and
left the dais.
Mayor Misetich declared the public hearing open.
Councilwoman Brooks moved, seconded by Councilman Knight, to continue the Public
Hearing to the May 29, 2012 Adjourned Regular City Council Meeting.
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May 1, 2012
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The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, and Mayor Misetich
NOES: None
ABSENT: Duhovic (recused)
At 7:49 P.M., Councilman Duhovic returned to the dais.
REGULAR NEW BUSINESS:
Dog Park Project
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there were four requests to speak regarding this item.
Administrative Analyst Howe provided a brief staff report regarding this item.
Discussion ensued among Council Members, staff and City Attorney Lynch.
Bruce Megowan, Palos Verdes Dog Park Supporters, Palos Verdes Estates, stated that
he has collected 800 signatures from interested dog owners for a dog park on the
Peninsula. He stated that both the City of Palos Verdes Estates and City of Rolling Hills
Estates have been approached regarding a Peninsula dog park and reported that they
are in support of a dog park at the Palos Verdes Landfill. He noted that he was in favor
of a dog park at the former Palos Verdes Landfill and encouraged the Council to
continue the contract with the consultant to search for a site in the City of Rancho Palos
Verdes.
Maureen Megowan, Palos Verdes Dog Park Supporters, Palos Verdes Estates, stated
that the City of Rancho Palos Verdes has the most available space for the consideration
of a dog park. She added that the City of Rolling Hills Estates needs to put the pressure
on the County to encourage the use of the Palos Verdes Landfill as a dog park.
Lia Oprea, Redondo Beach, stated that she is in support of a dog park on the Peninsula
and noted that dog parks are for people and families with dogs. She highlighted the
literature materials that are handed out at the Redondo Beach dog park and discussed
the off -leash dog program in the open space area in Boulder, Colorado.
Discussion ensued among Council Members, staff and City Attorney Lynch.
Mayor Misetich moved, seconded by Mayor Pro Tern Campbell, to: 1) Reconfirm the
City's support for an off -leash dog park at the former Palos Verdes Landfill site by
authorizing the Mayor to sign a letter to Los Angeles County Supervisor Knabe and the
Los Angeles County Sanitation Districts; 2) Encourage the Cities of Rolling Hills Estates
and Palos Verdes Estates to send similar letters reconfirming their support of a regional
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May 1, 2012
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off -leash dog park at the site; and, 3) Direct staff to analyze the feasibility of providing a
temporary dog park at the overflow unpaved parking lot located at City Hall.
Councilwoman Brooks offered an amendment to suspend the services of Mia Lehrer
and Associates with respect to additional work on a permanent dog park.
The maker and seconder of the motion accepted the amendment.
Councilman Knight offered an amendment to explore options for Recreation and Parks
special events and programs for the dog -owner community.
The maker and seconder of the motion accepted the amendment.
The motion as amended was the following: 1) Reconfirm the City's support for an off -
leash dog park at the former Palos Verdes Landfill site by authorizing the Mayor to sign
a letter to Los Angeles County Supervisor Knabe and the Los Angeles County
Sanitation Districts; 2) Encourage the Cities of Rolling Hills Estates and Palos Verdes
Estates to send similar letters reconfirming their support of a regional off -leash dog park
at the site; 3) Direct staff to consider the feasibility of providing a temporary dog park at
the overflow unpaved parking lot located at City Hall; 4) Suspend the services of Mia
Lehrer and Associates with respect to additional work on a permanent dog park; and, 5)
Explore options for Recreation and Parks special events and programs for the dog -
owner community.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
RECESS AND RECONVENE:
Mayor Misetich called for a brief recess from 8:35 P.M. to 8:45 P.M
Ordinance Providing a Film Permit Exemption for Small Group Commercial
Photography and Videography on City Property (Supports 2012 City Council Goal
in "Support of Local Businesses ")
Deputy City Manager Petru provided a brief staff report regarding this item.
Discussion ensued between Council Members and staff.
Councilman Duhovic moved, seconded by Councilwoman Brooks, to allow for the use of
park facilities for private small group commercial photography and videography services
without a permit, with no cap on the number of people, but a time limit of 45 minutes.
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May 1, 2012
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Discussion ensued between Council Members and staff.
City Attorney Lynch read into the record modifications to the language of the proposed
ordinance, as amended.
This motion included the introduction of ORDINANCE NO. 536, AS AMENDED, AN
ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, PROVIDING A FILM
PERMIT EXEMPTION FOR SMALL GROUP COMMERCIAL PHOTOGRAPHY AND
VIDEOGRAPHY ON CITY PROPERTY, AND AMENDING THE RANCHO PALOS
VERDES MUNICIPAL CODE.
The motion passed on the following roll call vote:
AYES:
Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES:
None
ABSENT:
None
Proposal to Create a New Review Process to Allow Hedges Above 42" in Height
within the Front Yard Setback (ZON2010- 00293)
City Clerk Morreale reported that there were 5 requests to speak regarding this item.
Assistant Planner Kim provided a brief staff report regarding this item.
Marlene Galvin, Rancho Palos Verdes, provided photographs and reported on her
concerns regarding a tall hedge on her neighbors' property which is above the 42"
height that impedes visibility of street and sidewalk traffic.
Tim Galvin, Rancho Palos Verdes, stated that there is an issue regarding safety due to
the presence of a seven foot high hedge which impedes visibility of the street and
sidewalk traffic.
Karl Price, Rancho Palos Verdes, stated that safety is the main issue with tall hedge
heights and added that a tall hedge could afford an opportune hiding area for those
engaging in criminal activity.
Maria Price, Rancho Palos Verdes, stated that she has concerns for the safety of
sidewalk and street traffic due to the height of hedges and curvature of many of the
streets in the City. She encouraged the Council to enforce the limit of 42 inches in
height for front yard hedges.
Julie Scrivens, Rancho Palos Verdes, stated that she was in support of the front yard
hedge height to be held to a limit of 42 inches.
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May 1, 2012
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Paul Tetreault, Chair, Planning Commission, stated that the Planning Commission
reviewed the hedge height issue in the front yard setback. He noted that there were
many situations throughout the City where the height of hedges in the front yard setback
is over 42 inches and this does not present safety issues, while other situations could
afford real concerns. He added that some of the complaints regarding hedge heights
were based on view obstructions.
Discussion ensued among Council Members, staff, and Planning Commission Chair
Tetreault.
Councilman Duhovic moved, seconded by Councilwoman Brooks, to direct staff to
require residents to apply for a minor exception or similar permit to allow for a hedge
exceeding the 42" hedge height in the front yard setback.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, and Duhovic
NOES: Knight and Mayor Misetich
ABSENT: None
Rules of Procedure & City Council and Commission /Committee Protocol
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there were two requests to speak regarding this item.
Mayor Misetich provided a statement as a member of the Subcommittee charged with
the responsibility to address the Rules of Procedure & City Council and
Commission /Committee Protocol. He noted that the Subcommittee is planning to meet
with the Planning Commission regarding the topic and invited additional comments from
the Council and the public.
Councilwoman Brooks provided additional comments, as the second member of the
Subcommittee, and reiterated Mayor Misetich's invitation for additional comments from
the public and Committee /Commission Members to be received by May 11, 2012.
Planning Commissioner Chair Tetreault provided comments regarding the discussion
and action taken by the Planning Commission regarding the topic of the Rules of
Procedure and City Council and Commission /Committee Protocol.
Minas Yerelian, Rancho Palos Verdes, stated that he had concerns regarding the
following: who will be responsible to place items on the City Council agenda, when
items will be placed on the agenda, and the ability for a minority Council Member to
place an item on the agenda.
Nestor Zerna, stated that he was concerned that the items regarding Rules of
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May 1, 2012
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Procedure & City Council and Commission /Committee Protocol have been placed on
several recent Council agendas and inquired as to the reason behind this occurrence.
Discussion ensued among Council Members, staff, and Planning Commission Chair
Tetreault.
Councilman Knight moved, seconded by Mayor Misetich, to: 1) Receive all comments
submitted by Councilman Duhovic, Mayor Pro Tern Campbell, Councilman Knight and
members of the public; 2) Direct the Council Rules and Protocol Subcommittee to meet
with the Planning Commission on May 8, 2012, to discuss and take commentary on the
Rules of Procedure; 3) Continue to receive input from the public as well as individual
Committee /Commission Members; 4) Direct staff to send an email to the
Committee /Commission Members with the draft documents attached for their
comments; 5) Post the draft Rules of Procedure and other documents on the City's
website with all comments to be received by May 11, 2012; and, 6) Direct the
Subcommittee to bring to the May 29, 2012 Council meeting their recommendations
along with a staff report including all commentary submitted, with the Council to
consider a final version of the Rules of Procedure.
Additional discussion ensued between Council Members, staff, and Planning
Commission Chair Tetreault.
Mayor Pro Tern Campbell offered an amendment to have a Joint Planning Commission/
City Council Meeting.
The maker and seconder of the motion accepted the amendment.
Councilman Knight restated the motion, seconded by Mayor Misetich, to: 1) Receive all
comments submitted by Councilman Duhovic, Mayor Pro Tern Campbell, Councilman
Knight and members of the public; 2) Direct the City Council to meet with the Planning
Commission on May 8, 2012, as a Joint Meeting, to discuss and take commentary on
the Rules of Procedure & City Council and Commission/ Committee Protocol;
3) Direct Staff to send an email to Commission /Committee Members to seek comments
on draft rules and all other related documents and invite them to attend the May 8, 2012
Joint CC /PC Meeting; 4) Continue to receive input from the public, as well as individual
Commission /Committee members; 5) Directed Staff to post the Rules of Procedure &
City Council and Commission /Committee Protocol and all other related documents on
the City's website with a deadline for comments of Friday, May 11, 2012; and,
6) Directed the Council Rules and Protocol Subcommittee to prepare a report with their
recommendations along with all commentary submitted for the May 29, 2012 Council
Meeting, at which the Council will consider a final version of the Rules of Procedure &
City Council and Commission /Committee Protocol.
The motion passed on the following roll call vote:
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May 1, 2012
Page 10 of 13
AYES:
Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES:
None
ABSENT:
None
In addition, Staff was directed to send a Breaking News Listserve (City News and
Events) to notify the public regarding the Joint Planning Commission /Council Meeting
regarding this topic.
Mayor Misetich moved, seconded by Mayor Pro Tern Campbell, to continue the meeting
to 11:15 P.M.
Without objection, Mayor Misetich so ordered.
Mayor Misetich moved, seconded by Councilman Duhovic, to continue Item No. 7
(Introduction of Performance Audit (Supports City Council Goal "Improve Organizational
Efficiency ") to the next Regular Council Meeting.
Without objection, Mayor Misetich so ordered.
Resolution Amending the City's Travel and Expense Policies for Elected and
Appointed Officials so that all of the City's Policies are Consistent and are Set
Forth in One Resolution
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there were no requests to speak regarding this item.
City Attorney Lynch provided a brief staff report regarding this item.
Mayor Pro Tern Campbell moved, seconded by Councilman Duhovic, to: Approve the
staff recommendation to: 1) ADOPT RESOLUTION NO. 2012 -31, AS AMENDED, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
AMENDING AND RESTATING ITS EXPENSE REIMBURSEMENT AND USE OF
PUBLIC RESOURCES POLICY; 2) Authorize Additional Expense Reimbursements for
Councilwoman Brooks and Mayor Pro Tern Campbell; 3) Authorize an increase to $800
for Councilwoman Brooks since she is serving on many committees on behalf of the
City; and, 4) Authorize a Monthly Salary for Planning Commissioners in the amount of
$135 to cover their cost of conducting site visits on properties within the City.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
Introduction of Performance Audit (Supports City Council Goal "Improve
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May 1, 2012
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Organizational Efficiency ")
This item was continued to the May 15, 2012 Council Meeting.
FUTURE AGENDA ITEMS:
This item was deferred to a future meeting.
CITY COUNCIL ORAL REPORTS:
This item was deferred to a future meeting.
CLOSED SESSION REPORT:
City Attorney Lynch reported that with respect to the existing litigation in the Kuida et al
v. City of Rancho Palos Verdes, the City Council unanimously decided to approve the
settlement agreement, with all Council Members present.
City Attorney Lynch reported that the City Council should recess the meeting to Closed
Session to discuss the final item listed on the agenda, the Conference with Labor
Negotiators.
RECESS TO CLOSED SESSION:
Councilman Knight moved, seconded by Mayor Pro Tern Campbell, to recess the
meeting.
Without objection, Mayor Misetich recessed the meeting to Closed Session at 11:06
P.M.
RECONVENE TO OPEN SESSION:
At 12:00 A.M., Mayor Misetich reconvened the meeting in Open Session.
CLOSED SESSION REPORT: (Continued)
City Attorney Lynch reported that with respect to the Conference with Labor
Negotiators, the Council unanimously appointed Carolynn Petru as the Agency
Designated Representative to replace Eric Mausser, and provided instructions to the
Labor Negotiators, with all members present.
ADJOURNMENT:
City Council Minutes
May 1, 2012
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At 12:01 A.M. on May 2, 2012, Mayor Misetich adjourned the meeting in memory of Dr.
Michael Weitzman and Former View Restoration and Planning Commissioner Gilbert
Alberio.
Attest:
City Clerk
WACity Council Min utes\2012\20120501 CC MINS.doc
ayor
City Council Minutes
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