CC MINS 20140902 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
SEPTEMBER 2, 2014
The meeting was called to order at 6:00 P.M. by Mayor Duhovic at Fred Hesse
Community Park, 29301 Hawthorne Boulevard, and was immediately recessed into
Closed Session. The meeting reconvened at 7:43 P.M.
City Council roll call was answered as follows:
PRESENT: Brooks, Campbell, Knight, and Mayor Duhovic
ABSENT: Misetich (excused)
Also present were Carolynn Petru, Acting City Manager; Carol Lynch, City Attorney;
Dennis McLean, Director of Finance; Joel Rojas, Community Development Director;
Michael Throne, Director of Public Works; Ara Mihranian, Deputy Community
Development Director; Kathryn Downs, Deputy Director of Finance; Kit Fox, Senior
Administrative Analyst; and, Carla Morreale, City Clerk.
Also present was: Executive Director Jacki Bacharach, South Bay Cities Council of
Governments.
FLAG SALUTE:
The Flag Salute was by Councilwoman Brooks.
MAYOR'S ANNOUNCEMENTS:
Mayor Duhovic announced that September is Childhood Cancer Awareness Month.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
Mayor Duhovic announced Recyclers of the Month from the August 19, 2014 City
Council meeting: Michael A. White and Walter Wey. 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 at a value of$60.00.
APPROVAL OF THE AGENDA:
Councilwoman Brooks moved to approve the agenda, as presented.
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September 2, 2014
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Mayor Duhovic offered an amendment to move Item 2 (South Bay Cities Council of
Governments Work Program) up to be heard before the Public Hearing.
Councilwoman Brooks moved, seconded by Mayor Duhovic, to approve the agenda, as
amended, with Item 2 (South Bay Cities Council of Governments Work Program) to be
heard before the Public Hearing.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, and Mayor Duhovic
NOES: None
ABSENT: Misetich
PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda)
Minas Yerelian, Rancho Palos Verdes, provided comments regarding concerns about
the CaIPERS pension program, noting that the City should withdraw from CaIPERS by
offering the employees an alternate plan, such as a 401K plan.
CITY MANAGER REPORT:
Acting City Manager Petru provided a recap regarding the recent beach closures from
August 25, 2014 through September 1, 2014, at Sacred Cove, Inspiration Point and
Portuguese Point due to unsafe weather conditions and dangerous ocean conditions at
the recommendation of the Abalone Cove Safety Task Force. She thanked the first
responders from the Los Angeles County Lifeguards, Los Angeles County Sheriffs
Department, Mountains Recreation and Conservation Authority Park Rangers, and
Recreation and Park staff for interfacing with the public regarding the reasons for the
closure.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding Item C (Request for Release of Liens Against North Windport
Canyon Properties-Assessor's Parcel Nos. 7583-022-012 & 7583-022-013), Item F
(Request for Waiver of Application Fees for a Conditional Use Permit, Coastal Permit
and Environmental Assessment for the Proposed "Heritage Castle Museum" at 5500
Palos Verdes Drive South-Planning Case No. ZON2014-00332) and Item J (FYI 3-14
Fiscal Year-End Budget Adjustments and Continuing Appropriations); and there were 4
requests to speak regarding Item F.
Councilman Brooks moved approval of the Consent Calendar with Item F (Request for
Waiver of Application Fees for a Conditional Use Permit, Coastal Permit and
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September 2, 2014
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Environmental Assessment for the Proposed "Heritage Castle Museum" at 5500 Palos
Verdes Drive South-Planning Case No. ZON2014-00332) removed from the Consent
Calendar and to be heard immediately after the Consent Calendar since there were
requests to speak on that item.
Mayor Duhovic requested that Item J (FYI 3-14 Fiscal Year-End Budget Adjustments
and Continuing Appropriations) be removed from the Consent Calendar for separate
consideration.
Councilman Campbell requested that Item G (Claim Against the City by Ming Gong) be
removed from the Consent Calendar for separate consideration.
Councilman Brooks moved, seconded by Mayor Duhovic, to approve the Consent
Calendar, as amended, with Item F (Request for Waiver of Application Fees for a
Conditional Use Permit, Coastal Permit and Environmental Assessment for the
Proposed "Heritage Castle Museum" at 5500 Palos Verdes Drive South-Planning Case
No. ZON2014-00332) removed from the Consent Calendar and to be heard immediately
after the Consent Calendar; and Item G (Claim Against the City by Ming Gong) and Item
J (FYI 3-14 Fiscal Year-End Budget Adjustments and Continuing Appropriations)
removed from the Consent Calendar and to be heard at the end of Regular Business.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, and Mayor Duhovic
NOES: None
ABSENT: Misetich
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 July 29, 2014 Adjourned Regular Meeting.
Request for Release of Liens Against North Windport Canyon Properties
(Assessor's Parcel Nos. 7583-022-012 & 7583-022-013)
ADOPTED RESOLUTION NO. 2014-51, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, THEREBY AGREEING TO FORGIVE THE
INTEREST ACCRUED SINCE OCTOBER 1, 1996, FOR THE LIEN FOR $36,551.06
RECORDED ON OCTOBER 24, 1996, AS INSTRUMENT NO. 96-1732129; AND TO
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September 2, 2014
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RELEASE THE LIEN FOR $6,450.19 RECORDED ON OCTOBER 24, 1996, AS
INSTRUMENT NO. 96-1732130.
Register of Demands
ADOPTED RESOLUTION NO. 2014-52, 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.
July 2014 Monthly Report of Cash Balances
Received and filed the July 2014 Monthly Report of Cash Balances for the City of
Rancho Palos Verdes.
Request for Waiver of Application Fees for a Conditional Use Permit, Coastal
Permit and Environmental Assessment for the Proposed "Heritage Castle
Museum" at 5500 Palos Verdes Drive South (Planning Case No. ZON2014-00332)
This item was removed from the Consent Calendar for separate consideration.
Claim Against the City by Ming Gong
This item was removed from the Consent Calendar for separate consideration.
Claim Against the City by Progressive Insurance as Subrogee of Karyn Barrus
Rejected the claim and directed staff to notify the claimant.
Biennial Update of the City's Conflict of Interest Code (Morreale)
1) Received and filed the 2014 Local Agency Biennial Notice for the City of Rancho
Palos Verdes, Successor Agency to the Rancho Palos Verdes Redevelopment Agency,
and the Rancho Palos Verdes Improvement Authority indicating that the Conflict of
Interest Code for these agencies must be amended; and, 2) ADOPTED RESOLUTION
NO. 2014-53, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, ADOPTING A CONFLICT OF INTEREST CODE WHICH
INCORPORATES BY REFERENCE THE STANDARD CONFLICT OF INTEREST
CODE PREPARED BY THE FAIR POLITICAL PRACTICES COMMISSION AND
REPEALING RESOLUTION NO. 2012-64.
FY13-14 Fiscal Year-End Budget Adjustments and Continuing Appropriations
(Supports 2014 City Council Goal — Government Efficiency, Accountability, Fiscal
Control, Transparency and Oversight)
This item was removed from the Consent Calendar for separate consideration.
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September 2, 2014
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Adoption of Ordinance No. 558 Adopting the Los Angeles County Fire Code
ADOPTED ORDINANCE NO. 558, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, ADOPTING BY REFERENCE THE 2014 LOS ANGELES COUNTY
FIRE CODE, WHICH IS TITLE 32 OF THE LOS ANGELES COUNTY CODE; WITH
AMENDMENTS THERETO; AND AMENDING THE RANCHO PALOS VERDES
MUNICIPAL CODE.
Claim Against the City by Sharon Yarber
Rejected the portion of the claim that is timely and directed staff to notify the claimant.
Amendment to the Rules of Procedure
ADOPTED RESOLUTION NO. 2014-54, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, SETTING FORTH THE PROPOSED
REVISION TO THE CITY COUNCIL RULES OF PROCEDURE REGARDING ITEMS
THAT HAVE BEEN ON THE LIST OF "FUTURE AGENDA ITEMS" FOR MORE THAN
ONE YEAR.
# # # # # #
ITEM(S) REMOVED FROM THE CONSENT CALENDAR:
Request for Waiver of Application Fees for a Conditional Use Permit, Coastal
Permit and Environmental Assessment for the Proposed "Heritage Castle
Museum" at 5500 Palos Verdes Drive South (Planning Case No. ZON2014-00332)
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding this item and there were 4 requests to speak.
Senior Administrative Analyst Fox provided a brief staff report regarding the request for
a waiver of planning fees related to the conversion of the Harden Estate gatehouse
located at 5500 Palos Verdes Drive South into the Heritage Castle Museum.
Discussion ensued among Council Members and staff.
Charlotte Ginsburg, stated that she was aware of the concerns raised by the public and
the Council. She reported that her intention would be to offer the location to be used by
small docent led groups in the community with an emphasis on teaching and providing
information about the local history of the Peninsula. She concluded that the property
would be preserved in its historic state and was too beautiful to be enjoyed by only one
family, noting that she and her husband wanted to share it with the community.
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September 2, 2014
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Vicki Mack, Palos Verdes Estates, stated that this home originally belonged to the sister
of Frank Vanderlip. She noted that the Ginsburgs wanted to make this site available for
future generations and noted that the Palos Verdes Historical Society was recently
reconstituted. She urged the Council to approve the request for waiver of application
fees.
Lloyd Greenlund, stated that this home, which was built in 1929, was to be the
Gatehouse to what was intended to be a palace built on Portuguese Bend with formal
gardens extending out to the water as illustrated on the original drawings. He noted that
part of Frank Vanderlip's vision on large estates was low density development, the
preservation of open space, and protection of open views of the coastline.
Lenee Bilski, Rancho Palos Verdes, stated that she was not in favor of the fee waiver
and noted that public discussion of the merits of the project should take place before the
applicant and City move forward on this item. She noted concerns with the policy of
historical status of homes, traffic, parking, congestion and an overall vision plan for the
Palos Verdes Drive South area. She added that a more appropriate name for
consideration could be Palos Verdes Heritage Museum.
Additional discussion ensued among Council Members.
Councilwoman Brooks moved, seconded by Mayor Pro Tem Knight, to grant the
requested fee waiver in the amount of$15,970.
The motion passed on the following roll call vote:
AYES: Brooks, Knight, and Mayor Duhovic
NOES: Campbell
ABSENT: Misetich
REGULAR BUSINESS:
South Bay Cities Council of Governments Work Program
Executive Director Jacki Bacharach provided a brief report and PowerPoint presentation
regarding the FY14-15 Work Plan for the South Bay Cities Council of Governments
(SBCCOG).
Discussion ensued among Council Members and Ms. Bacharach.
By acclamation, the SBCCOG FY14-15 Work Plan was received and filed.
RECESS AND RECONVENE:
Mayor Duhovic called a brief recess from 8:46 P.M. to 8:56 P.M.
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September 2, 2014
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PUBLIC HEARING:
General Plan Amendment, Zone Change, and Certification of a Mitigated
Negative Declaration (Case No. ZON2014-00143) for Property Located at 10
Chaparral Lane (Supports 2014 City Council Goal — City Trail Systems
Enhancement)
City Clerk Morreale reported notice of the public hearing was duly published, written
protests included with the staff report and late correspondence distributed prior to the
meeting, and there were three requests to speak regarding this item.
Mayor Duhovic declared the public hearing open.
Community Development Director Rojas provided a brief report and noted that staff
suggested continuing this item for two weeks, to allow the geologist to be present to
address issues regarding this property.
Joe Oliveri, Rancho Palos Verdes, requested the item be continued for four weeks since
he has travel plans in two weeks.
Luis De Moraes, AIA, Project Architect, Rancho Palos Verdes, speaking on behalf of his
client stated that he would like the item considered in two weeks, as he knows his client
will be in town during that time period.
Discussion ensued among Council Members, staff and City Attorney Lynch.
Councilwoman Brooks moved, seconded by Mayor Pro Tem Knight, to continue the
public hearing to the September 30, 2014 Council meeting.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, and Mayor Duhovic
NOES: None
ABSENT: Misetich
REGULAR BUSINESS: (continued)
Coastal Specific Plan Corridors Element—Adoption of City Council Policy for
Identifying a Viewing Station
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there was one request to speak regarding this item.
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Community Development Director Rojas provided a brief staff report and PowerPoint
presentation regarding this item.
City Attorney Lynch suggested that the City Council Policy be memorialized with the
adoption of a resolution which affords the policy more solemnity.
Lenee Bilski, Rancho Palos Verdes, stated that this item should be considered as an
amendment to the glossary of terms in the back of the Coastal Specific Plan and
suggested staff could contact the Coastal Commission staff to inquire about the
process. She suggested a shorter definition should be used for the "viewing station" to
keep it simple and clear.
Discussion ensued among Council Members, staff and City Attorney Lynch.
Councilwoman Brooks moved, seconded by Mayor Pro Tem Knight, to adopt City
Council Policy No. 49, as amended, thereby instituting a policy for identifying the
viewing station described in the City's Coastal Specific Plan Corridors Element for
purposes of determining the visual impact of development projects from the public right-
of-way for projects within the City's designated Coastal District that are not located
within a defined visual corridor. The policy language was amended to state the
following: " ... It shall be the policy of the City that for purposes of this requirement, the
"viewing station" shall be at an elevation that is 3-feet above the "fog line" (painted white
line/bike lane line) adjacent to the vehicle travelling lane along the seaward side of
Palos Verdes Drive West or Palos Verdes Drive South where the best and most
important view exists over the site of the proposed project. The viewing station may or
may not be immediately adjacent to the subject property line."
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, and Mayor Duhovic
NOES: None
ABSENT: Misetich
City Attorney Lynch noted that staff would return with a resolution commemorating the
Council's decision at the next City Council meeting.
Code Amendment Initiation Request (CAIR) to Improve Citywide Outdoor Lighting
Regulations for Exterior Lighting (CASE NO. ZON2014-00320)
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there were no requests to speak regarding this items.
Community Development Director Rojas provided a brief staff report regarding this item.
Discussion ensued among Council Members and staff.
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September 2, 2014
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Mayor Pro Tern Knight moved, seconded by Councilwoman Brooks, to direct Staff to
initiate a Code Amendment to improve the City's existing Development Code Standards
for non-residential exterior lighting on private property including, but not limited to,
specifying that light fixtures are to be fully shielded so the light source is not visible from
any adjacent property, establishing acceptable color temperatures for exterior lights,
imposing restrictions on exterior light emissions based on lumens instead of wattage,
and addressing the glare of exterior lights to vehicles on public rights-of-way.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, and Mayor Duhovic
NOES: None
ABSENT: Misetich
Status Report on Crime Prevention Technology
Acting City Manager Petru provided a brief status update report regarding crime
prevention technology, which has been discussed at the Regional Law Enforcement
Committee (Committee) meetings,
Councilwoman Brooks provided additional information regarding the Committee's work
and noted the next meeting would be held on November 13, 2014 to continue the
discussion of crime prevention technology.
Discussion ensued among Council Members and staff.
Councilman Campbell left the dais at 9:51 P.M. and returned at 9:55 P.M.
Mayor Pro Tem Knight moved, seconded by Mayor Duhovic, to receive and file the
status report on the Regional Law Enforcement Committee's consideration of crime
prevention technology in conjunction with the Lomita Sheriffs Station.
Without objection, Mayor Duhovic so ordered.
Claim Against the City by Ming Gong
City Clerk Morreale reported that Councilman Campbell requested this item be removed
from the Consent Calendar for separate consideration.
Councilman Campbell provided comments regarding the process of the rejection of
claims and requested quarterly reports regarding the Claims Against the City.
Discussion ensued among Council Members, staff and City Attorney Lynch.
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September 2, 2014
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Councilman Campbell moved, seconded by Councilwoman Brooks, to approve the staff
recommendation to reject the claim and direct staff to notify the claimant.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, and Mayor Duhovic
NOES: None
ABSENT: Misetich
FY13-14 Fiscal Year-End Budget Adjustments and Continuing Appropriations
(Supports 2014 City Council Goal — Government Efficiency, Accountability, Fiscal
Control, Transparency and Oversight)
City Clerk Morreale reported that Mayor Duhovic requested this item be removed from
the Consent Calendar for separate consideration and late correspondence was
distributed regarding this item prior to the meeting.
Mayor Duhovic made inquiries regarding several budget adjustments and entries
provided in the staff report. Discussion ensued among Council Members and staff.
Mayor Duhovic moved, seconded by Councilwoman Brooks, to approve the staff
recommendation to: 1) ADOPT RESOLUTION NO. 2014-55, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING
RESOLUTION NO. 2013-43, THE BUDGET APPROPRIATION FOR FY13-14, TO
ADJUST THE BUDGET IN VARIOUS FUNDS OF THE CITY; 2) ADOPT RESOLUTION
NO. 2014-56, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, AMENDING RESOLUTION NO. 2013-43, THE BUDGET
APPROPRIATION FOR FY13-14, TO REDUCE THE BUDGET FOR THE APPROVED
CONTINUING APPROPRIATIONS; and, 3) ADOPT RESOLUTION NO. 2014-57, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
AMENDING RESOLUTION NO. 2014-41, THE BUDGET APPROPRIATION FOR
FY14-15, TO INCREASE THE BUDGET FOR THE APPROVED CONTINUING
APPROPRIATIONS.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, and Mayor Duhovic
NOES: None
ABSENT: Misetich
FUTURE AGENDA ITEMS:
None.
CITY COUNCIL ORAL REPORTS:
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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
19, 2014.
CLOSED SESSION REPORT:
City Attorney Lynch reported on the following Closed Session items: 1) With respect to
the potential litigation against the City by Green Hills Memorial Park, that item was not
discussed; 2) With respect to the potential initiation of litigation where the City Council
was deciding whether to initiate litigation against Green Hills Memorial Park, the Council
unanimously (4-0, with Councilman Misetich absent) gave direction to the City Attorney
to send a letter to Green Hills; and 3) With respect to the potential litigation against the
City based on the receipt of a Claim Against the City received from Sharon Yarber, she
stated the Council would be going back into Closed Session to discuss this item.
RECESS TO CLOSED SESSION:
At 10:35 P.M., Mayor Duhovic recessed the meeting to Closed Session.
RECONVENE TO REGULAR SESSION:
At 11:18 P.M., Mayor Duhovic reconvened the meeting to Regular Session.
CLOSED SESSION REPORT:
City Attorney Lynch reported on the following Closed Session item: With respect to the
potential litigation against the City based on the receipt of a Claim Against the City
received from Sharon Yarber, a report was given and direction provided to the City
Attorney (4-0, with Councilman Misetich absent).
ADJOURNMENT:
At 11:20 P.M., Mayor Duhovic adjourned the meeting to Tuesday, September 16, 2014
at 6:00 P.M. at Hesse Park for an Adjourned Regular Meeting to begin to conduct
interviews of applicants for the Infrastructure Management Ad 'sory Committee.
ayor
Attest: N'bk.
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City Clerk
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City Council Minutes
September 2, 2014
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