CC MINS 20140121 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
JANUARY 21, 2014
The meeting was called to order at 7:02 P.M. by Mayor Duhovic at Fred Hesse
Community Park, 29301 Hawthorne Boulevard, for a City Council Study Session.
STUDY SESSION:
City Council roll call was answered as follows:
PRESENT: Brooks, Campbell, Knight, Misetich, and Mayor Duhovic
ABSENT: None
Also present were Carolyn Lehr, City Manager; Carol Lynch, City Attorney; Dennis
McLean, Director of Finance/Information Technology; Joel Rojas, Community
Development Director; Michael Throne, Director of Public Works; Kit Fox, Senior
Administrative Analyst; Eduardo Schonborn, Senior Planner; and, Carla Morreale, City
Clerk.
PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA FOR THE STUDY
SESSION:
None.
DISCUSSION TOPICS:
Review of Tentative Agendas
Discussion ensued among Council Members, City Attorney Lynch, and staff regarding
items on the upcoming Council Meeting agendas as listed on the Tentative Agendas,
resulting in one item being moved to a different date.
Councilwoman Brooks moved, seconded by Mayor Pro Tem Knight, to approve the
Tentative Agendas, as amended.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, Misetich, and Mayor Duhovic
NOES: None
ABSENT: None
ABSTAIN: None
City Council Minutes
January 21, 2014
Page 1 of 10
RECESS AND RECONVENE:
Mayor Duhovic called a brief recess from 7:04 P.M. to 7:06 P.M.
REGULAR SESSION:
City Council roll call was answered as follows:
PRESENT: Brooks, Campbell, Knight, Misetich, and Mayor Duhovic
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; Joel Rojas, Community Development Director; Michael Throne, Director of
Public Works; Kit Fox, Senior Administrative Analyst; and, Carla Morreale, City Clerk.
FLAG SALUTE:
The Flag Salute was led by Councilman Campbell.
MAYOR'S ANNOUNCEMENTS:
Mayor Duhovic made the following announcements: 1) City Business Licenses are due
on January 31, 2014; 2) Daniel Juarez, a Rancho Palos Verdes resident, was recently
appointed as a judge to the Los Angeles County Superior Court; and, 3) An event over
the weekend regarding a missing girl ended happily with the young girl being found safe
and unharmed the morning after she had gone missing.
Mayor Duhovic recognized the following two local women who recently passed away:
Long-time resident and renowned animal caregiver on the Peninsula, Helga Herrbrich;
and, Long-time resident of the Peninsula, Cherie Bennett.
Councilman Misetich added brief comments regarding the recent passing of Helga
Herrbrich, as she was a close family friend.
Mayor Duhovic noted that the meeting would be adjourned in the memory of Helga
Herrbrich and Cherie Bennett.
RECYCLE DRAWING:
Mayor Duhovic announced Recyclers of the Month from the November 6, 2013 City
Council meeting: Joanie Shoemaker and Mary Lopes. 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 THE AGENDA:
City Council Minutes
January 21, 2014
Page 2 of 10
Councilwoman Brooks suggested that Item 5 (Appointments to the Storm Drain User
Fee Oversight Committee) be moved up on the agenda to follow immediately after the
Consent Calendar.
Councilwoman Brooks moved, seconded by Councilman Misetich, to approve the
agenda, as amended.
Without objection, Mayor Duhovic so ordered.
PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda):
Minas Yerelian, Rancho Palos Verdes, provided comments regarding the scheduling of
the items on the Council agenda; and, the lack of the use of Ladera Linda due to the
aging utilities at the site.
David Emenhiser, Sea Bluff Homeowners Association (HOA), Rancho Palos Verdes,
commented on and thanked Council and staff for the recent trail improvements along
the coast from the lighthouse to Abalone Cove, noting that he has seen as increase in
the use of the trails; and for the replacement of safety railing along the coastal bluff from
Terranea Resort to Vanderlip Park.
CITY MANAGER REPORT:
Director of Finance/IT McLean provided an update regarding the recent CaIPERS
pension investment returns as reported by CaIPERS.
City Manager Lehr highlighted methods for improved communication from staff
regarding significant projects and developments, City Council activities, and community
outreach; and provided information regarding past reports on projects and
developments which were contained in the Weekly Reports.
Deputy City Manager Petru reported that information regarding the status of current
projects is highlighted in yellow in the Updated City Council Goals and Priorities List
which is made a part of each Study Session. She reported on enhancement of the
Council Calendar to include staffs attendance at interagency meetings or community
meetings and noted the City Council Members have been invited to provide similar
information for the benefit of the community, as that document is part of the Weekly
Report.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
Councilwoman Brooks moved, seconded by Councilman Campbell, to approve the
Consent Calendar, as presented.
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January 21, 2014
Page 3 of 10
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, Misetich, and Mayor Duhovic
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 December 17, 2013 Special Meeting and December 17,
2013 Regular City Council Meeting.
Register of Demands
ADOPTED RESOLUTION NO. 2014-02, 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.
# # # # # #
REGULAR BUSINESS:
Appointments to the Storm Drain User Fee Oversight Committee
City Clerk Morreale reported that the applicants for the two open seats on the Storm
Drain User Fee Oversight Committee were interviewed earlier in the evening and
distributed ballots for the Council's use.
After two rounds of ballots, Lowell Wedemeyer and Frank Lyon were appointed to the
Storm Drain User Fee Oversight Committee, each with a four year term of office, with
the term of office expiring on the date of the second regular City Council meeting in
January of even years (January 16, 2018) or until a successor is appointed, pursuant to
Section 3.44.080 of the Rancho Palos Verdes Municipal Code.
PUBLIC HEARINGS:
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January 21, 2014
Page 4 of 10
Draft Mitigated Negative Declaration (MND) for the Marymount Athletic Field
Expansion Project/Marymount University California (Location: 30800 Palos
Verdes Drive East) [Continued from December 3, 2013]
City Clerk Morreale reported the public hearing was continued from December 3, 2013;
late correspondence was distributed prior to the meeting; and there were eight requests
to speak on the item.
Councilwoman Brooks provided a disclosure regarding her association with Marymount
University California, noting that her home is not within the 500 foot radius from the
project and that she would seek to make a decision after hearing all of the facts.
Mayor Duhovic, Councilman Misetich and Mayor Pro Tem Knight also provided
disclosures to the public.
Community Development Director Rojas provided background comments regarding the
Marymount Athletic Field Expansion Project, noting the difference between the CEQA
process and the process regarding a Conditional Use Project. He added that the
comment period regarding the Mitigated Negative Declaration ends on January 24,
2014. He explained that the following consultants were present: Abe Leider, Project
Manager, Rincon Consultants and Clare Look-Jaeger, Traffic Engineer, Linscott, Law
and Greenspan, (LLG) to provide information, participate in the discussion, and gather
questions and concerns from the public, to which they will respond in the Final Mitigated
Negative Declaration.
Abe Leider, Project Manager, Rincon Consultants, provided a brief overview of the
CEQA documentation part of processing the application for the Marymount Athletic Field
Expansion Project. He noted that after examining the documents for the previous
athletic field application and conducting an Initial Study, it was determined that a
Mitigated Negative Declaration was the appropriate process for the project.
Discussion ensued among Council Members, staff and City Attorney Lynch.
Don Davis, legal counsel for Marymount University California, stated that the university
was in agreement with the MND process conducted by Rincon, noting the analysis was
accurate and satisfied the purpose of the California Environmental Quality Act (CEQA).
He added that the matter before Council was a new environmental application for the
Athletic Field Expansion Project. He commented on the location and configuration of the
athletic field and the height of the poles surrounding the athletic field.
Lois Karp, CCC/ME, Rancho Palos Verdes, stated that CCC/ME does not believe an
MND was the appropriate process to be used, based on significant changes since the
approved EIR which made substantial findings. She listed items that were not
addressed in the MND including the following: changes to the grading resulting in a
large export of soil; incorrect number used for the student enrollment cap; location of the
athletic field being the same as that in Measure P; safety of the field; the use of the field
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January 21, 2014
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for National Association of Intercollegiate Athletics (NAIA) sports, which will result in an
increased traffic impact.
Jim Gordon, CCC/ME, Rancho Palos Verdes, stated he would be providing Rincon with
a copy of the Marymount application dated October 29, 2012, noting that there were four
revisions to the project, resulting in substantial changes to the project.
Ari Requicha, Rancho Palos Verdes, opined that the revisions to the athletic field are
going to be unsafe and ugly, interfering with the beautiful view of the ocean. He noted
concerns with errant balls landing on Palos Verdes Drive East which will impair the
safety of those on that busy street and the impact of additional crowds to watch the
college athletic events.
Ken Behring, Rancho Palos Verdes, stated that he is opposed to the proposed
permanently extended 30-foot poles along the western and southern boundaries of the
athletic field, which will cause a significant impact on the view of the ocean and Catalina
Island from his home and many other homes in the area.
Rick Anchan, Rancho Palos Verdes, stated that 27 homes will have a visual impact
based on the poles and protective screen or fence, not the 5-6 homes noted in the
Rincon report. He noted concerns with the safety of errant balls entering the roadway
and the way to enforce a plan for the poles and fencing to be lowered after an event
according to the project requirements.
Joseph Sparks, Rancho Palos Verdes, stated that he recently bought a home on
Casilina Drive and noted he was concerned that the screening and poles will
dramatically affect the view from his home. He opined the poles and screening should
be designed to be completely retractable all around the field and that the grading of the
field be lowered to appease the residences uphill from the school.
RECESS AND RECONVENE:
Mayor Duhovic called a brief recess from 8:36 P.M. to 8:51 P.M.
Discussion ensued among Council Members, staff, City Attorney Lynch and the Mr.
Lieder (Rincon consultant).
Clare Look-Jaeger, Traffic Engineer/Principal, Linscott, Law and Greenspan, (LLG),
stated that her firm prepared a detailed traffic analysis regarding the expansion of the
existing athletic field based on the current usage in comparison to the future use of the
field. She noted the following: 1) The greatest increase of traffic would be based on the
use of the field as an NAIA sports location; 2) There would be a significant traffic impact
at the Miraleste Drive and Palos Verdes Drive East intersection, which would be
mitigated by a traffic signal at that location; and there would be a projected shortfall
regarding campus parking based on use of the athletic field for a Marymount University
home game.
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January 21, 2014
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Discussion ensued among Council Members, Ms. Look-Jaeger, and Mr. Davis.
Mr. Davis stated that the athletic field application is for the Marymount University
California use only for physical education and intramural college sports for the sports of
soccer and lacrosse.
Discussion ensued among Council Members, staff, consultants, and City Attorney Lynch
regarding the mitigation of the following issues: retractable poles and screening to
lessen the impact on views; possible silhouetting of the screens; field inspections; netting
implementation plan which would articulate the monitoring of the screening with
penalties for lack of adherence to the plan; location of the fencing; errant ball study;
clarity regarding student enrollment numbers; lighting; types of sports to be played on
the field; water quality drainage issues; landscaping or loss of trees; number of homes
that will have a visual impact; 60 foot buffer setback area; the concept of piece-mealing
the project in relation to the CEQA process; NAIA membership and requirements to the
field size.
Dr. Michael Brophy, Marymount University California, stated that the university is in
support of the inquiry process regarding the athletic field, and provided comments
regarding the following: parking lot, the University baccalaureate program, use of the
campus by the community; and use of the chapel. He noted he would like to have the
staff determine a specific date for the public hearing.
Community Development Director Rojas reported that it was anticipated the public
hearing would be held in March at the earliest.
After the completion of the public comment period for the sole purpose of obtaining
comments from the general public and City Council on the Draft Mitigated Negative
Declaration (Draft MND) for the Marymount Athletic Field Expansion project, Mayor
Duhovic declared the public hearing closed.
Amendment of Municipal Code Section 17.56.020 (Conduct of Construction and
Landscaping Activities) to Reduce the City's Existing Allowable Construction
Hours, Codify an Existing Requirement related to Construction Vehicle Staging
and Clarify other Provisions of the Section (Case No. ZON2013-00420)
City Clerk Morreale reported that notice of the public hearing was duly published, no
written protests received, and no requests to speak regarding this item.
Mayor Duhovic declared the public hearing open.
Councilman Misetich moved, seconded by Councilwoman Brooks, to waive the staff
report.
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January 21, 2014
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City Attorney Lynch read a typographical error into the record, noting that the word "the"
would be inserted before "city's building official" in Section 17.56.020(C)(c).
Mayor Duhovic declared the public hearing closed.
Councilwoman Brooks moved, seconded by Councilman Campbell, to adopt the staff
recommendation to: INTRODUCE ORDINANCE NO. 555, AS AMENDED, AN
ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, THEREBY AMENDING
SECTION 17.56.020 OF THE RANCHO PALOS VERDES MUNICIPAL CODE, TO
REDUCE THE CITY'S EXISTING ALLOWABLE CONSTRUCTION HOURS, CODIFY
AN EXISTING CONDITION OF APPROVAL REGULATING THE IDLING OF
CONSTRUCTION VEHICLES, AND CLARIFY CERTAIN OTHER PROVISIONS OF
THE SECTION (CASE NO. ZON2013-00420).
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, Misetich, and Mayor Duhovic
NOES: None
ABSENT: None
ABSTAIN: None
RECESS AND RECONVENE:
Mayor Duhovic called a brief recess from 9:56 P.M. to 10:05 P.M.
Councilwoman Brooks moved, seconded by Councilman Misetich, to continue the
meeting until 11:00 P.M.
Without objection, Mayor Duhovic so ordered.
City Council Goal-Setting Exercise
Dr. Colman inquired if there was input from the Council regarding the information
discussed at the prior goal-setting session.
Mayor Duhovic reviewed the draft Mission Statement, Vision Statement, and Core
Values Statement and asked for input from Council Members.
Discussion ensued and the Council decided to modify the title of the Mission Statement
to "Mission Statement of City Government" for clarity; and modify the Core Values
Statement to add the word "municipal" in front of"service" so that the Core Values
Statement reads "The primary purpose of this City government is to provide excellent,
professional and high-quality municipal service."
Discussion continued among Council Members, staff, City Attorney Lynch, and Dr.
Colman regarding the Council's overall priorities and goals for the City. Also discussed
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January 21, 2014
Page 8 of 10
was the time frame to achieve the goals, funding, and necessary periodic updates from
staff regarding progress on the goals. The Council Members each began to prioritize
their individual top goals for 2014.
Mayor Duhovic moved, seconded by Councilman Misetich, to continue the meeting until
11:30 P.M.
Without objection, Mayor Duhovic so ordered.
The Council decided to continue this item to the next Council meeting.
City Council Meeting Schedule
Council discussion ensued regarding possible dates and the availability of Council
Members for the California Joint Powers Insurance Authority training and the
Infrastructure Workshop.
Directed staff to provide additional dates for Council consideration to conduct the
following two workshops: 1) California Joint Powers Insurance Authority (CJPIA)
Governance Training; and, 2) Infrastructure Workshop.
Compensation to be paid to the Deputy City Manager While She Performs
Additional Duties as the Acting City Manager
City Attorney Lynch provided a brief report regarding this item, noting the inclusion of
additional information as requested by Council.
Discussion ensued among Council Members, staff, and City Attorney Lynch.
Councilwoman Brooks moved, seconded by Mayor Pro Tem Knight, to approve
compensation for the Deputy City Manager in the amount of$1,000 per month, which
will be allocated between a temporary salary increase of$650 and an increase to her
automobile allowance in the amount of$350.
The motion passed on the following roll call vote:
AYES: Brooks, Knight, Misetich, and Mayor Duhovic
NOES: Campbell
ABSENT: None
ABSTAIN: None
FUTURE AGENDA ITEMS:
The following items were raised by Council Members as future agenda items:
Initiating the search for selection of a new City Manager (Duhovic)
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January 21, 2014
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CITY COUNCIL ORAL REPORTS:
This item was deferred to the next meeting.
ADJOURNMENT:
At 11:32 P.M., Mayor Duhovic adjourned the meeting in the memory of the late Helga
Herrbrich and the late Sherie Bennett.
• :I
Mayor
Attest:
City Clerk
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January 21, 2014
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