CC MINS 20131001 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
OCTOBER 1, 2013
The meeting was called to order at 6:00 P.M. by Mayor Brooks 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: Campbell, Duhovic, Knight, Misetich and Mayor Brooks
ABSENT: None
Also present were Carolyn Lehr, City Manager; Carolynn Petru, Deputy City Manager;
David Snow, Assistant City Attorney; Dennis McLean, Director of Finance/Information
Technology (IT); Joel Rojas, Community Development Director; Cory Linder, Director of
Recreation and Parks; Kathryn Downs, Deputy Director of Finance/IT; Sean Robinson,
Human Resources Manager; Paul Christman, Building Official; Nicole Jules, Senior
Engineer; Ron Dragoo, Senior Engineer; Siamak Motahari, Senior Engineer; Andy
Winje, Associate Engineer; Matt Waters, Senior Administrative Analyst; and, Carla
Morreale, City Clerk.
FLAG SALUTE:
The Flag Salute was led by Mark Doddy, RPVtv Station Manager.
MAYOR'S ANNOUNCEMENTS:
Mayor Brooks provided a brief recap regarding the recent Coastal Clean-Up Day event
at Abalone Cove. Mayor Brooks reported that she and Councilman Knight recently
attended the 6th Annual SoCal Environmental Excellence Development (SEED) Awards
Program provided by South Bay Business Environmental Coalition. Mayor Brooks
reported on the City Council Candidate Forum held on September 25th for the
November 5th General Municipal Election and announced that two additional Candidate
Forums will be held on October 2, 2013 and October 9, 2013 at Hesse Park. Mayor
Brooks announced that October is National Family History Month, noting that the South
Bay Genealogical Society is launching a project to preserve the pre-1940's history of
the first families or individuals living in the South Bay.
Mayor Brooks announced that the Red Onion Restaurant recently celebrated its 50th
Anniversary and presented Jeff Earle, the owner, with a proclamation commemorating
this event.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
City Council Minutes
October 1, 2013
Page 1 of 12
Mayor Brooks announced Recyclers of the Month from the September 17, 2013 City
Council meeting: Marsha Mashouf and Robert Jensen. 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. She noted that in addition to winning the
Recycler Drawing, the two individuals had also won a Personal Emergency
Preparedness Kit from the City at a value of$60.00.
APPROVAL OF THE AGENDA:
Mayor Brooks suggested that Item No. 3 (Adoption of an Urgency Ordinance and
Introduction of a Non-Urgency Ordinance to Establish Certain Permit Restrictions on
Construction Projects that Have Been Ongoing for 4 Years or More) be moved up on
the agenda due to the number of speakers.
Councilman Misetich moved, seconded by Councilman Knight, to approve the agenda,
as amended.
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:
Deputy Director of Finance/IT Downs provided a brief report regarding the effects of the
Federal government shut-down that has recently occurred, noting that at this time there
would be little impact to the City.
City Manager Lehr provided brief comments regarding misinformation in a local
newsletter regarding staffs plan to bring forward a multimillion dollar bond issuance to
fund projects in the City's Capital Improvement Plan, and reassured the public that the
information in the recent newsletter was false.
Marvin Jackmon, Southern California Edison (SCE), provided a PowerPoint and report
regarding the infrastructure replacements underway as part of the Rancho Palos Verdes
Reliability Project Update.
Discussion ensued among Council Members, staff and Mr. Jackmon.
NEW BUSINESS:
City Council Minutes
October 1, 2013
Page 2 of 12
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that late correspondence was distributed prior to meeting
regarding Item C (Border Issues Status Report), Item F (Award Professional Services
Contract for Master Plan of Drainage to RBF Consulting, Inc.), Item G (Award
Professional Services Contract for Drainage Improvement Feasibility Studies to KPFF,
Inc.), Item H (Award Professional Services Contract for Enhanced Watershed
Management Plan to John L. Hunter and Associates), and Item M (Register of
Demands).
Councilman Campbell requested that Item J (Award Professional Services Agreement
for Improvements at Abalone Cove Shoreline Park and Cable TV Building) be removed
from the Consent Calendar for separate consideration.
City Clerk Morreale reported that requests to speak were just received regarding Item
(Adoption of Ordinance No. 547 — Code Amendment to Rancho Palos Verdes Municipal
Code Section 17.76.1009 [City Tree Review Permit] to Expand the Public Notification
Procedures for Permit Decisions) and Item J (Award Professional Services Agreement
for Improvements at Abalone Cove Shoreline Park and Cable TV Building), noting those
items would follow immediately after the Consent Calendar.
Discussion ensued between Mayor Pro Tem Duhovic and staff regarding the water and
storm drain related items on the Consent Calendar.
Councilman Misetich moved, seconded by Councilman Campbell, to approve the
Consent Calendar, as amended.
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 17, 2013 Regular Council Meeting.
Border Issues Status Report
Received and filed the current report on the status of Border Issues.
City Council Minutes
October 1, 2013
Page 3 of 12
Notice of Completion for Storm Drain Rehabilitation Project - Lines 35, 36 & 37
(Supports City Council Goal - Public Infrastructure)
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, notice the surety company to exonerate the
Performance bond; and, 3) Authorized the Director of Public Works to release the 5%
retention payment in the amount of$17,712.91 to Sancon Engineering, 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.
Notice of Completion for 2012 Storm Drain Lining and Rehabilitation Project
(Supports City Council Goal - Public Infrastructure)
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 Performance bond; and,
3) Authorized the Director of Public Works to release the 5% retention payment in the
amount of$44,667.37 to Sancon Engineering, 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 Professional Services Contract for Master Plan of Drainage to RBF
Consulting, Inc. (Supports 2013 City Council Goal - Public Infrastructure)
1) Awarded a professional services contract to RBF Consulting, Inc. (RBF) for
development of a GIS-based master plan of drainage, for a not to exceed amount of
$551,030 over the duration of the contract; and, 2) Authorized the Mayor and City Clerk
to execute a professional services contract with RBF Consulting, Inc.
Award Professional Services Contract for Drainage Improvement Feasibility
Studies to KPFF, Inc. (Supports 2013 City Council Goal - Public Infrastructure)
1) Awarded a professional services contract to KPFF, Inc. for development of drainage
improvement feasibility studies for the Marguerite Open Channel and PVDS East of
Barkentine sites, for a not to exceed amount of$72,480 over the duration of the
contract; and, 2) Authorized the Mayor and City Clerk to execute a professional services
contract with KPFF, Inc.
Award Professional Services Contract for Enhanced Watershed Management Plan
to John L. Hunter and Associates (Supports 2013 City Council Goal - Public
Infrastructure)
City Council Minutes
October 1, 2013
Page 4 of 12
1) Awarded a professional services contract to John L. Hunter and Associates, Inc.
(JLHA) for development of the Peninsula Agencies Enhanced Watershed Management
Plan (EWMP), in conjunction with the EWMP and Coordinated Integrated Monitoring
Program (GIMP) Memoranda of Understanding approved at the August 6, 2013 meeting
of the City Council to comply with requirements of the MS4 Permit, for a not to exceed
amount of$476,063 over the duration of the contract; 2) Authorized Staff to invoice and
receive payments from the other Peninsula Agencies for their allocated share for these
services in accordance with the provisions of the approved EWMP and CIMP
Memoranda of Understanding; and, 3) Authorized the Mayor and City Clerk to execute a
professional services contract with John L. Hunter and Associates, Inc.
Adoption of Ordinance No. 547 — Code Amendment to Rancho Palos Verdes
Municipal Code Section 17.76.100 (City Tree Review Permit) to Expand the Public
Notification Procedures for Permit Decisions (Case No. ZON2013-00239)
(Supports 2013 City Council Goals - Transparency, Evaluating City Tree Review
Process)
This item was removed from the Consent Calendar for separate consideration.
Award Professional Services Agreement for Improvements at Abalone Cove
Shoreline Park and Cable TV Building (Supports 2013 City Council Goal - Public
Infrastructure)
This item was removed from the Consent Calendar for separate consideration.
August 2013 Monthly Report of Cash Balances
Received and filed the August 2013 Monthly Report of Cash Balances for the City of
Rancho Palos Verdes.
Third Amendment of Professional Services Agreement for RPV TV Station
Manager
Authorized the Mayor and City Clerk to sign the third amendment to the Professional
Services Agreement with Mark Doddy to provide Station Manager duties for RPV N.
Register of Demands
ADOPTED RESOLUTION NO. 2013-65, 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:
City Council Minutes
October 1, 2013
Page 5 of 12
Adoption of Ordinance No. 547 — Code Amendment to Rancho Palos Verdes
Municipal Code Section 17.76.100 (City Tree Review Permit) to Expand the Public
Notification Procedures for Permit Decisions (Case No. ZON2013-00239)
(Supports 2013 City Council Goals - Transparency, Evaluating City Tree Review
Process)
City Clerk Morreale reported that there was one request to speak regarding this item.
Minas Yerelian, stated that Ordinance No. 547 was well written and should include trees
on private property; views are a privilege and not a right; the party requesting tree or
brush removal should pay all expenses for this work; if a tree is removed, it should be
replaced by two trees and maintained by the person requesting removal; and, if a
person harms a tree, there should be a $25,000 penalty for that offense.
Discussion ensued among Council Members and staff.
Councilman Knight moved, seconded by Mayor Pro Tem Duhovic, to approve the staff
recommendation to: ADOPT ORDINANCE NO. 547, AN ORDINANCE OF THE CITY
OF RANCHO PALOS VERDES, 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 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
Award Professional Services Agreement for Improvements at Abalone Cove
Shoreline Park and Cable TV Building (Supports 2013 City Council Goal - Public
Infrastructure)
City Clerk Morreale reported that Councilman Campbell requested this item be removed
from the Consent Calendar for separate consideration and there was one request to
speak regarding this item.
Minas Yerelian, stated that in the Professional Services Agreement under the Terms
and Compensation section, there was no limit on the amount that could be spent or the
number of hours to be utilized by the consultant on the project.
City Council Minutes
October 1, 2013
Page 6 of 12
In response to the speaker's comments, Senior Engineer Motahari stated that the City
has set the maximum allowable fee for additional work, if needed, at 10 percent of the
total fee for this contract.
City Manager Lehr clarified that the contract amount included in the staff report and the
contract was for a not to exceed amount of$49,135 with a 10 percent contingency.
In response to inquiries from Councilman Campbell, Senior Engineer Motahari stated
that there was a component of the project, including fencing and landscaping, that
would address the screening of the existing propane tank; and the project would include
improving the existing parking surface and efficiency at the site, but would not add any
additional parking spaces.
Discussion ensued among Council Members and staff.
Councilman Campbell moved, seconded by Mayor Pro Tem Duhovic, to approve the
staff recommendation to: 1) Award contract to Black, O'Dowd and Associates, Inc.,
which is doing business as BOA Architecture, to provide plans, specifications and cost
estimate for the improvement of Abalone Cove Shoreline Park Staff Building and
Parking lot; and Cable TV Building Restroom ADA Compliance, in the amount not to
exceed $49,135 and authorize staff to spend up to a maximum of$4,913 (10%
allowance) for possible additional design work, for a total authorization of$54,048; and,
2) Authorize the Mayor and the City Clerk to execute the contract with Black, O'Dowd
and Associates, Inc., doing business as BOA Architecture.
The motion passed on the following roll call vote:
AYES: Campbell, Duhovic, Knight, Misetich and Mayor Brooks
NOES: None
ABSENT: None
REGULAR BUSINESS:
Adoption of an Urgency Ordinance and Introduction of a Non-Urgency Ordinance
to Establish Certain Permit Restrictions on Construction Projects that Have Been
Ongoing for 4 Years or More
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there were three requests to speak regarding this item.
Mayor Pro Tem Duhovic stated that he would be recusing himself from discussion of
this item and left the dais at 8:14 P.M.
Community Development Director Rojas provided a brief staff report regarding this item
and highlighted the modifications to the proposed ordinances per Council's direction.
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October 1, 2013
Page 7 of 12
Discussion ensued among Council Members and staff.
Randy Ellen Ross, Rancho Palos Verdes, stated that she appreciated staff and
Council's assistance in this matter, but noted the language modifications suggested by
staff brings unintended circumstances. She added the language should be tightened up
to address the issue regarding the completion of construction in four years.
Phyllis Glantz, Rancho Palos Verdes, stated that they live next door to the Anderson's
and noted concern with the neighbor's ability to take out new permits once the initial
construction permits are completed in four years.
Kathy Anderson, stated that their project has been very unusual and expressed
concerns regarding construction projects that have extenuating circumstances such as
theirs. She added that her engineer was waiting for a status update regarding the
drainage work at the Glantz residence so that they may proceed with the completion of
their project.
Ms. Glantz, stated that they started a landscaping project in June, removed palm trees
from their property, turned off their sprinklers, and have waterproofed the wall along the
property. She added that their structural engineer will be submitting plans for the wall
per the City's request.
Discussion ensued among Council Members and staff regarding the unintended
consequences of the currently proposed ordinance language, with the Council deciding
to return to the original proposed ordinance language, by striking Provision No. 3.
Councilman Knight moved, seconded by Mayor Brooks, to approve the staff
recommendation to: 1) ADOPT URGENCY ORDINANCE NO. 548U, AS AMENDED,
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, REGARDING
PROLONGED CONSTRUCTION PROJECTS THAT ARE ADVERSELY AFFECTING
NEIGHBORING PROPERTIES AND DECLARING THE URGENCY THEREOF; and,
2) INTRODUCE ORDINANCE NO. 549, AS AMENDED, AN ORDINANCE OF THE
CITY OF RANCHO PALOS VERDES, REGARDING PROLONGED CONSTRUCTION
PROJECTS THAT ARE ADVERSELY AFFECTING NEIGHBORING PROPERTIES.
The motion passed on the following roll call vote:
AYES: Campbell, Knight, Misetich and Mayor Brooks
NOES: None
ABSENT: Duhovic (recused)
RECESS AND RECONVENE:
Mayor Brooks called a brief recess from 8:39 P.M. to 8:55 P.M.
City Council Minutes
October 1, 2013
Page 8 of 12
PUBLIC HEARINGS:
Preliminary Review of the Draft General Plan Housing Element [Continued from
September 17, 2013]
City Clerk Morreale reported that this public hearing was continued from September 17,
2013 Council meeting.
Community Development Director Rojas provided a summary staff report and
PowerPoint presentation regarding this item.
Discussion ensued among Council Members and staff.
Ken Dyda, Rancho Palos Verdes, stated that if there are multiple uses with commercial
zoning allowed in a particular area there is no need to change the zoning of that area.
He opined that identifying a specific piece of property for specific zoning is spot zoning
and cautioned the Council to be careful how it considers the zoning of a particular area.
Assistant City Attorney Snow explained the meaning of spot zoning. He noted that the
proposal being considered is an overlay zone for the property location on Western
Avenue.
Discussion ensued among Council Members and staff.
Mayor Brooks declared the public hearing closed.
Mayor Pro Tem Duhovic moved, seconded by Councilman Knight, to approve the staff
recommendation to: Receive public comments at the public hearing, which was
continued from the September 17, 2013 meeting, on the Preliminary Draft Housing
Element, provide Staff with feedback on the document, and direct Staff to forward the
Preliminary Draft Housing Element to the Department of Housing and Community
Development (HCD) for review and feedback.
The motion passed on the following roll call vote:
AYES: Campbell, Duhovic, Knight, and Mayor Brooks
NOES: Misetich
ABSENT: None
REGULAR BUSINESS: (continued)
Scope of Services for Review of Employee Compensation (Supports 2013 City
Council Goal of Government Efficiency, Fiscal Control & Transparency)
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding this item.
City Council Minutes
October 1, 2013
Page 9 of 12
Mayor Brooks provided an overview regarding this item as a member of the Employee
Compensation Subcommittee.
Mayor Pro Tem Duhovic, as a member of the Employee Compensation Subcommittee,
provided a detailed report regarding this item.
Ken Dyda, Rancho Palos Verdes, commended the Subcommittee and staff for the
progress that has been made on this item. He added he has advocated for full
transparency of the compensation and benefits of Council Members and City
employees in one location on the City website for the past two years. He stated that he
anticipated every employee position to be listed on the template and footnotes
explaining some of the more complex elements represented by some of the columns;
and suggested the addition of a column for professional dues be added to the sample
template.
Discussion ensued among Council Members and staff.
Councilman Misetich moved, seconded by Mayor Pro Tem Duhovic, to approve the
recommendation of the City Council Ad-Hoc Subcommittee for 2013 Employee
Compensation to: 1) Direct Staff and the auditor to complete Agreed Upon Procedures
for one additional calendar year (2009) of the City Manager's salary and benefits for an
additional out-of-pocket cost of $2,250; 2) Direct Staff and the auditor to complete
Phase 2 procedures, as defined in the Engagement Letter from the independent auditor,
at a cost of$5,000, plus an estimated $2,500 one-time custom payroll system report
cost (out-of-pocket costs totaling about $7,500); 3) Directed Staff to return with a
proposed budget adjustment for FY13-14 in the amount of about $9,750; 4) Directed
Staff to exclude employee names from the template; and, 5) Directed Staff to provide a
notation in bold text on the table stating that the data contained therein should not be
compared with the State Controller's Report.
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 was one request to speak regarding this item.
Community Development Director Rojas provided a report regarding this item.
City Council Minutes
October 1, 2013
Page 10 of 12
Senior Administrative Analyst Fox provided comments regarding the response from Mr.
Siegenthaler of the National Park Service that the Windport Canyon property the City
acquired in 2010 and most likely any land currently owned by the City would not be able
to satisfy the conversion requirement.
Discussion ensued among Council Members, staff, and Assistant City Attorney Snow.
Mayor Brooks moved, seconded by Mayor Pro Tem Duhovic, to continue the meeting to
10:45 P.M.
Without objection, Mayor Brooks so ordered.
Ken Dyda,, Rancho Palos Verdes, raised a question regarding the possible prescriptive
right to the use of trails if the use of those trails can be substantiated over a period of
five years. He spoke in support of the acquisition, but noted that there are always long-
term maintenance costs associated with such a property acquisition.
Discussion ensued among Council Members, staff, and Assistant City Attorney Snow.
Councilman Knight moved, seconded by Mayor Brooks, to: 1) Refer the issue of
consistency of these purchases with the City's General Plan to the Planning
Commission; 2) Approve the purchase, as amended in the late correspondence, of
approximately 42 acres of open space in Malaga Canyon from Angeles LLC with 100%
of the acquisition cost funded by federal grant monies and, following the Planning
Commission's determination regarding General Plan consistency, authorize the Mayor
to execute the Purchase and Sale Agreement; and, 3) Approve the purchase of
approximately 16 acres of open space in Malaga Canyon from Ya Yi May with 100% of
the acquisition cost funded by federal grant monies and, following the Planning
Commission's determination regarding General Plan consistency, authorize the Mayor
to execute the Purchase and Sale Agreement.
The motion passed on the following roll call vote:
AYES: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks
NOES: None
ABSENT: None
FUTURE AGENDA ITEMS:
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding this item.
City Manager Performance Evaluation process on October 15th, with the City Manager's
y 19th .
Performance Evaluation to be placed on the November 19 Council meeting (Brooks)
City Council Minutes
October 1, 2013
Page 11 of 12
Code Amendment regarding non-remedial grading in the Landslide Moratorium area
(Duhovic)
Consideration of waiving the permit fee for emergency gas shut-off valves (Brooks)
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
September 17, 2013.
CLOSED SESSION REPORT:
Assistant City Attorney Snow reported on the following Closed Session items: 1) With
respect to the Potential Litigation Against the City arising from receipt of two claims
against the City of Rancho Palos Verdes that were filed by Kevin and Sandra Heffernan
pursuant to the Government Tort Claims Act on July 12, 2013, which are on file in the
City Clerk's Office, the Council rejected the two claims; 2) With respect to the existing
litigation of the City of Agoura Hills et. al. v. County of Los Angeles et. al., Superior
Court of California-County of Los Angeles case, a report was provided and no action
was taken; and, 3) With respect to the Potential Initiation of Litigation of the State of
California, et al., ex rel. David Sherwin v. Office Depot, Inc. case, a report was provided
no action was taken, with all Council Members present.
ADJOURNMENT:
At 10:46 P.M., Mayor Brooks adjourned the meeting to Saturday, October 5, 2013 at
9:00 A.M. at Fred Hesse Park for an Adjourned Regular Meeting/Council Workshop.
May.r
Attest:
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City Clerk
W:\City Councia Minutes\2013\20131001 CC MINS.doc
City Council Minutes
• October 1, 2013
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