CC MINS 20130917MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
SEPTEMBER 17, 2013
The meeting was called to order at 6:00 P.M. by Mayor Brooks at Fred Hesse
Community Park, 29301 Hawthorne Boulevard.
RECESS TO CLOSED SESSION:
At 6:00 P.M. the meeting was recessed into Closed Session, with all Council Members
present.
RECONVENE TO REGULAR SESSION FOR A STUDY SESSION:
At 6:39 P.M., Mayor Brooks reconvened the meeting to Regular Session for a City
Council Study Session.
City Council roll call was answered as follows:
PRESENT: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks
ABSENT: None
Also present were Carolyn Lehr, City Manager; Carolynn Petru, Deputy City Manager;
Carol Lynch, City Attorney; Dennis McLean, Director of Finance /Information Technology
(IT); Joel Rojas, Community Development Director; Les Jones, Interim Director of Public
Works; Lauren Ramezani, Senior Administrative Analyst; and, Carla Morreale, City
Clerk.
PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA FOR THE STUDY
SESSION:
None.
DISCUSSION TOPICS:
Review of Tentative Agendas in Light of City Council Goals, Including Questions
of Staff
Discussion ensued among Council Members, City Attorney Lynch, and staff regarding
items on the upcoming Council Meeting agendas as listed on the Tentative Agendas.
Several modifications were made to the Tentative Agendas.
Mayor Brooks moved, seconded by Mayor Pro Tern Duhovic, to approve the Tentative
Agendas, as amended.
The motion passed on the following roll call vote:
City Council Minutes
September 17, 2013
Page 1 of 10
AYES:
Campbell, Duhovic, Knight, Misetich, and Mayor Brooks
NOES:
None
ABSENT:
None
Future Agenda Items Proposed by Council Members to be Prioritized:
Trash Carts Placement and Pickup
Mayor Brooks provided a brief report regarding this item.
Discussion ensued among Council Members and staff.
Councilman Misetich moved, seconded by Councilman Knight, to place this item on a
future agenda for consideration.
The motion passed on the following roll call vote:
AYES:
Campbell, Duhovic, Knight, Misetich, and Mayor Brooks
NOES:
None
ABSENT:
None
RECESS AND RECONVENE:
Mayor Brooks called a brief recess from 6:59 P.M. to 7:12 P.M.
REGULAR SESSION:
City Council roll call was answered as follows:
PRESENT: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks
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; Les Jones, Interim Director of Public Works; Kathryn Downs,
Deputy Director of Finance /IT; Nicole Jules, Senior Engineer; John Alvarez, Senior
Planner; and, Carla Morreale, City Clerk.
FLAG SALUTE:
The Flag Salute was led by Mayor Pro Tern Duhovic.
MAYOR'S ANNOUNCEMENTS:
City Council Minutes
September 17, 2013
Page 2 of 10
Mayor Brooks recognized the anniversary of the 9/11 event and noted that tonight's
meeting would be adjourned in the memory of the 9/11 victims and those who lost their
lives earlier this week in the tragedy at the Naval Shipyard in Washington, D.C.
Mayor Brooks announced the following: September is National Emergency
Preparedness Month; Coastal Cleanup Day is Saturday, September 21st; Free Paper
Shredding Event to be held on Saturday, October 19th at City Hall for Rancho Palos
Verdes residents. She commented on the 40th Anniversary Founder Reception held on
September 7th at Trump National Golf Club; the recent Southern California Edison
power outage; and the new location for "Coffee with the Mayor" while the Starbucks
Coffee in Golden Cove Shopping Center is being remodeled.
RECYCLE DRAWING:
Mayor Brooks announced Recyclers of the Month from the September 4, 2013 City
Council meeting: Bill Vitez and Dan and Vicki Pinkham. She 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 THE AGENDA:
Councilman Knight moved, seconded by Councilman Misetich, to approve the agenda,
as presented.
The motion passed on the following roll call vote:
AYES: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks
NOES: None
ABSENT: None
PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda)
None.
CITY MANAGER REPORT:
City Manager Lehr announced the receipt of a letter from the Government Finance
Officers Association recognizing and presenting the City with a Certificate of
Achievement for Excellence in Financial Reporting. City Manager Lehr recognized
Director of Finance /IT McLean and Deputy Director of Finance /IT Downs as the
recipients of this commendation.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that late correspondence was distributed prior to the
City Council Minutes
September 17, 2013
Page 3 of 10
meeting regarding Item E (Award Professional Services Agreement for Preparation of a
Citywide Street Lighting Audit) and there was one request to speak regarding that item;
and late correspondence was distributed regarding Item F (Approval of Two Purchase
and Sale Agreements to Purchase Private Properties in Malaga Canyon for the Purpose
of Open Space Conservation) and there were three requests to speak on that item.
Councilman Campbell requested that Item C (FY12 -13 Continuing Appropriations &
Fiscal Year -End Budget Adjustments) and Item D (Claims Against the City by Kevin and
Sandra Heffernan) be removed from the Consent Calendar for separate consideration.
Mayor Brooks moved, seconded by Councilman Knight, to approve the Consent
Calendar as amended, with Items C and D removed from the Consent Calendar by
Councilman Campbell; and Items E and F removed from the Consent Calendar, as
there were requests to speak regarding those items.
The motion passed on the following roll call vote:
AYES: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks
NOES: None
ABSENT: 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 September 3, 2013 Regular Council Meeting.
FYI 2-13 Continuing Appropriations & Fiscal Year -End Budget Adjustments
(Supports 2013 City Council Goal #5 — Government Efficiency, Fiscal Control &
Transparency)
This item was removed from the Consent Calendar for separate consideration.
Claims Against the City by Kevin and Sandra Heffernan
This item was removed from the Consent Calendar for separate consideration.
Award Professional Services Agreement for Preparation of a Citywide Street
Lighting Audit
This item was removed from the Consent Calendar for separate consideration.
Approval of Two Purchase and Sale Agreements to Purchase Private Properties
City Council Minutes
September 17, 2013
Page 4 of 10
in Malaga Canyon for the Purpose of Open Space Conservation
This item was removed from the Consent Calendar for separate consideration.
Register of Demands
ADOPTED RESOLUTION NO. 2013 -601 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.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
FY12 -13 Continuing Appropriations & Fiscal Year -End Budget Adjustments
(Supports 2013 City Council Goal #5 — Government Efficiency, Fiscal Control &
Transparency)
City Clerk Morreale reported that this item was removed from the Consent Calendar by
Councilman Campbell for separate consideration.
Deputy Director of Finance /IT Downs answered questions from Council Member
Campbell and Mayor Pro Tern Duhovic regarding this item.
Mayor Pro Tern Duhovic moved, seconded by Councilman Knight, to: 1) ADOPT
RESOLUTION NO. 2013 -61, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, AMENDING RESOLUTION 2012 -43, THE BUDGET
APPROPRIATION FOR FY12 -13, TO REDUCE THE BUDGET FOR THE APPROVED
CONTINUING APPROPRIATIONS; 2) ADOPT RESOLUTION NO. 2013 -62, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
AMENDING RESOLUTION 2013 -43, THE BUDGET APPROPRIATION FOR FY13 -14,
TO INCREASE THE BUDGET FOR THE APPROVED CONTINUING
APPROPRIATIONS; and, 3) ADOPT RESOLUTION NO. 2013 -63, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING
RESOLUTION 2012 -43, THE BUDGET APPROPRIATION FOR FY12 -13, TO ADJUST
THE BUDGET IN VARIOUS FUNDS OF THE CITY.
The motion passed on the following roll call vote:
AYES: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks
NOES: None
ABSENT: None
Award Professional Services Agreement for Preparation of a Citywide Street
Lighting Audit
City Council Minutes
September 17, 2013
Page 5 of 10
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding this item and there was one request to speak on this item.
Minas Yerelian, Rancho Palos Verdes, stated that he was in favor of turning off the City
street lights to save money for the City and opposed to the expenditure for the Citywide
Street Lighting Audit. He added that money saved by turning off the street lights could
be used to landscape the medians of Hawthorne Blvd.
Discussion ensued among Council Members and staff.
Mayor Brooks moved, seconded by Councilman Knight, to approve the staff
recommendation to: 1) Award a professional services agreement to KX2 Holdings
Building Technologies Group, LP for preparation of a Citywide Street Lighting Audit for a
not -to- exceed amount of $78,496 and authorize an additional 10% ($7,849.60) as
contingency; and, 2) Authorize the Mayor and City Clerk to execute the agreement.
The motion passed on the following roll call vote:
AYES:
Campbell, Duhovic, Knight, Misetich, and Mayor Brooks
NOES:
None
ABSENT:
None
Approval of Two Purchase and Sale Agreements to Purchase Private Properties
in Malaga Canyon for the Purpose of Open Space Conservation
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there were three requests to speak regarding this item.
Community Development Director Rojas provided a brief staff report regarding this item.
Lenee Bilski, stated she was pleased to see the PowerPoint but expressed concerns
regarding the following: a lack of a proposal to the National Park Service for a possible
conversion or land swap for the Upper Pt. Vicente agricultural parcel; maintenance of
land at Upper and Lower Pt. Vicente; and, compliance with the Program of Utilization
(POU).
Bruce Grimes, Rancho Palos Verdes, stated that he is an urban farmer and he
advocated for the concept of urban agriculture for the possible land swap, noting his
specialty crops are sweet potatoes, figs, ginger, aloe vera and, hot chilis, which are
crops chosen for food value and medicinal properties.
Sunshine, Rancho Palos Verdes, stated that Community Development Director Rojas
reported in his presentation that two areas along the Malaga Canyon are landlocked,
but she noted there is a dedicated public right of way via Mossbank Drive. She further
opined that portions of the land were buildable; and, the land in the canyon was being
purchased for drainage issues not open space. She added that there are trails on the
property under discussion and she advocated for a proposed land swap or conversion.
City Council Minutes
September 17, 2013
Page 6 of 10
Discussion ensued among Council Members, staff and City Attorney Lynch.
Councilman Misetich moved, seconded by Mayor Pro Tern Duhovic, to continue this
item to the October 1, 2013 Council Meeting and directed staff to return with information
regarding the issues discussed.
The motion passed on the following roll call vote:
AYES:
Campbell, Duhovic, Knight, Misetich, and Mayor Brooks
NOES:
None
ABSENT:
None
PUBLIC HEARINGS:
Adoption of Addendum No. 7 to a Negative Declaration for Ordinance No. 510 and
Introduction of an Ordinance to Amend RPV Municipal Code Chapter 17.76.100 -
City Tree Review Permit (Case No. ZON2013- 00239) (Supports 2013 City Council
Goals: Transparency, Evaluating City Tree Review Process)
City Clerk Morreale reported that notice of the public hearing was duly published, written
protests included in late correspondence, and there were no requests to speak
regarding this item.
Mayor Brooks declared the public hearing open.
Mayor Brooks provided an introduction regarding the genesis of this item.
Senior Planner Alvarez provided a brief report regarding this item focusing on the
Planning Commission and staff's recommendations regarding the proposed increase in
the notification area and methods of notification proposed to be used.
Discussion ensued among Council Members, staff and City Attorney Lynch.
Mayor Brooks declared the public hearing closed.
Councilman Misetich moved, seconded by Councilman Knight, to approve the staff
recommendation to: ADOPT RESOLUTION NO. 2013 -641 A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ADOPTING
ADDENDUM NO. 7 TO THE NEGATIVE DECLARATION FOR ORDINANCE NO. 510,
FOR A CODE AMENDMENT TO REVISE CHAPTER 17.76.100 OF THE MUNICIPAL
CODE (CITY TREE REVIEW PERMIT); and, 2) INTRODUCE ORDINANCE NO. 547,
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, ADOPTING AN
ORDINANCE AMENDING RPV MUNICIPAL CODE SECTION 17.76.100(G)(1) TO
INCREASE PUBLIC NOTIFICATION OF A CITY TREE REVIEW PERMIT DECISION
TO THE 20 CLOSEST PROPERTIES; AMENDING RANCHO PALOS VERDES
MUNICIPAL CODE SECTION 17.76.100(G)(1) TO CLARIFY THAT THE NOTIFIED
PROPERTIES ARE TO BE PROPERTIES LOCATED WITHIN THE CITY OF RANCHO
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September 17, 2013
Page 7 of 10
PALOS VERDES; AND AMENDING RANCHO PALOS VERDES MUNICIPAL CODE
SECTION 17.76.100(G)(3) TO REQUIRE THE CITY TO POST A NOTICE OF
DECISION ON EACH TREE SUBJECT TO PERMIT APPROVAL, WITH THE
EXCEPTION OF POSTING NOTICES ON TREES LOCATED IN AREAS THAT ARE
TOO DIFFICULT OR HAZARDOUS TO ACCESS (CASE NO. ZON2013- 00239).
The motion passed on the following roll call vote:
AYES: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks
NOES: None
ABSENT: None
RECESS AND RECONVENE:
Mayor Brooks called a brief recess from 8:51 P.M. to 9:07 P.M.
Preliminary Review of the Draft General Plan Housing Element
City Clerk Morreale reported that notice of the public hearing was duly published, written
protests included in the staff report, and there was one request to speak regarding this
item.
Mayor Brooks declared the public hearing open.
Community Development Director Rojas provided a brief report regarding this item and
input received from the public at the Planning Commission meeting.
Ken Dyda, Rancho Palos Verdes, stated that he was opposed to the inclusion of a
range of housing, contrary to that for which the City was incorporated, was totally
without merit. He noted the rezoning of Western Avenue is in conflict with the City's
General Plan. He added that updates to the General Plan should be limited and noted
that the primary goal of the incorporation of the City was to ensure local control.
Discussion ensued among Council Members, staff and City Attorney Lynch.
Councilman Knight moved, seconded by Councilman Campbell, to continue the public
hearing to the October 1, 2013 Council meeting with direction to staff to return with the
following: 1) Information regarding the property along Western Avenue where the
property owner expressed interest in the possibility of mixed used housing; 2) Pros and
cons of self - certification of the Housing Element; 3) Income levels as defined by Los
Angeles County; and, 4) An explanation of how the other Peninsula cities deal with the
Housing Element and Regional Housing Needs Assessment requirements.
The motion passed on the following roll call vote:
AYES: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks
NOES: None
City Council Minutes
September 17, 2013
Page 8 of 10
ABSENT: None
REGULAR BUSINESS:
Proposed Responses to the Fiscal Health, Governance, Financial Management
and Compensation Section of the 2012 -13 Civil Grand Jury Report of the Cities of
Los Angeles
City Clerk Morreale reported that there was one request to speak regarding this item.
Mayor Brooks provided introductory comments.
Ken Dyda, Rancho Palos Verdes, stated that the Council should not be too complacent
regarding the report as it reflects the current status of the City's reserves and does not
acknowledge the City's future liabilities, including the sunset of the Storm Drain Fee
Program, the funding of the San Ramon project, and the ultimate case of dealing with
the Portuguese Bend landslide.
Director of Finance /IT McLean provided a brief staff report regarding this item.
Discussion ensued among Council Members, staff and City Attorney Lynch.
Councilman Misetich moved, seconded by Mayor Pro Tern Duhovic, to approve the staff
recommendation to: 1) Approve the proposed responses to the recommendations made
by the Civil Grand Jury; and, 2) Direct staff to forward the approved responses to the
Los Angeles County Civil Grand Jury by September 26, 2013.
The motion passed on the following roll call vote:
AYES:
Campbell, Duhovic, Knight, Misetich, and Mayor Brooks
NOES:
None
ABSENT:
None
Claims Against the City by Kevin and Sandra Heffernan
City Clerk Morreale reported that Councilman Campbell had requested this item be
removed from the Consent Calendar for separate consideration.
Councilman Campbell moved, seconded by Mayor Brooks, to continue this item for a
complete discussion to the Closed Session of the October 1, 2013 Council Meeting.
The motion passed on the following roll call vote:
AYES:
Campbell, Duhovic, Knight, Misetich, and Mayor Brooks
NOES:
None
ABSENT:
None
City Council Minutes
September 17, 2013
Page 9 of 10
FUTURE AGENDA ITEMS:
The following item was raised by Mayor Brooks as a future agenda item:
City Manager's Contract & Process Going Forward
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 August
6, 2013.
Councilman Campbell left the dais at 10:43 P.M. and returned to the dais at 10:46 P.M.
CLOSED SESSION REPORT:
City Attorney Lynch reported that with respect to the existing litigation of the Andrea
Joannou v City of Rancho Palos Verdes case, a report was provided regarding the
City's positive result in the Court of Appeal and no action was taken, with all Council
Members present.
ADJOURNMENT:
At 10:49 P.M., Mayor Brooks adjourned the meeting in the memory of the victims of the
tragedy at the Naval Shipyard in Washington, D.C. and the victims of the 9/11 Event.
City Clerk
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City Council Minutes
September 17, 2013
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