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CC MINS 20151117 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING NOVEMBER 17, 2015 The meeting was called to order at 6:03 P.M. by Mayor Knight at Fred Hesse Community Park, 29301 Hawthorne Boulevard. ROLL CALL: City Council roll call was answered as follows: PRESENT: Brooks, Misetich, and Mayor Knight ABSENT: Campbell (excused) and Duhovic Also present were Doug Willmore, City Manager; Gabriella Yap, Deputy City Manager; Dave Aleshire, City Attorney; and, Carla Morreale, City Clerk. PUBLIC COMMENTS: (This section of the agenda is for audience comments regarding Closed Session items) None. RECESS TO CLOSED SESSION: City Attorney Aleshire announced the two items to be discussed in Closed Session and the Council recessed to Closed Session at 6:04 P.M. RECONVENE TO REGULAR SESSION: The meeting was reconvened to Regular Session at 7:03 P.M. CLOSED SESSION REPORT: City Attorney Aleshire reported that with respect to the Potential Litigation against the City regarding Green Hills Memorial Park item, a status report was provided and no reportable action was taken. City Attorney Aleshire reported that with respect to the Conference with Labor Negotiators, a status report on the negotiations was given, and no reportable action was taken. ROLL CALL: City Council roll call was answered as follows: City Council Minutes November 17, 2015 Page 1 of 10 PRESENT: Brooks, Duhovic, Misetich and Mayor Knight ABSENT: Campbell (excused) Also present were Doug Willmore, City Manager; Dave Aleshire, City Attorney; Gabriella Yap, Deputy City Manager; Joel Rojas, Community Development Director; Michael Throne, Director of Public Works; Deborah Cullen, Director of Finance; Cory Linder, Director of Recreation and Parks; Sean Robinson, Human Resources Manager; and, Carla Morreale, City Clerk. STUDY SESSION: PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA FOR THE STUDY SESSION: None. DISCUSSION TOPICS: Review of Tentative Agendas and 2015 Goals and Priorities Discussion ensued among Council Members and staff regarding items on the upcoming Council Meeting agendas as listed on the Tentative Agendas. Mayor Pro Tem Brooks moved, seconded by Councilman Misetich moved, to approve the Tentative Agendas, as amended. The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Misetich and Mayor Knight NOES: None ABSENT: Campbell RECESS: City Clerk Morreale noted that with the recent updates to the Council Chamber video and sound systems there would no longer be a need for a recess break at this time. REGULAR SESSION: ROLL CALL: City Council roll call was answered as follows: PRESENT: Brooks, Duhovic, Misetich and Mayor Knight City Council Minutes November 17, 2015 Page 2 of 10 ABSENT: Campbell (excused) PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Deputy City Manager Gabriella Yap. MAYOR'S ANNOUNCEMENTS: Mayor Knight announced that the Los Angeles County Lomita Sheriff Station recently celebrated its 40th Anniversary, noting that several Council Members were present for that event. RECYCLE DRAWING: Mayor Knight announced Recyclers of the Month from the November 4, 2015 City Council meeting: Ismail Poonawala and Susie W. Tso. 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: Councilman Misetich moved, seconded by Councilman Duhovic, to approve the agenda. The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Misetich and Mayor Knight NOES: None ABSENT: Campbell PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda) City Clerk Morreale reported that there were five requests to speak under Public Comments. Barry Yudess, Rancho Palos Verdes, provided comments regarding the upcoming Palos Verdes Peninsula Unified School District (PVPUSD) meeting to consider placing solar panels at several PVPUSD school sites. Connie Semos, provided comments regarding her most recent water bill; solar panels proposed to be mounted on above ground structures at several PVPUSD school sites; and, wireless antenna communication sites that are appearing all over the City. Jeff Calvagna, Rancho Palos Verdes, provided comments regarding wireless antenna communication systems installed illegally or under false pretenses by Crown Castle. City Council Minutes November 17, 2015 Page 3 of 10 Joan Davidson, provided comments regarding the proposed installation of solar panels at several PVPUSD school sites and proposed electricity rates to be paid over the next 25 years; and, cell antenna and equipment sites appearing in the Peninsula community. Sharon Yarber, Rancho Palos Verdes, provided comments regarding the blight and other impacts of the proposed installation of solar panel structures at several PVPUSD school sites, noting that there should be additional outreach to the community regarding this matter. April Sandell, Rancho Palos Verdes, provided comments regarding her concerns about the upcoming Western Avenue Corridor Street Enhancement Strategy. Sheri Hastings, Rancho Palos Verdes, provided comments regarding the need for a Social Media Policy for the City, noting her concerns with several negative postings on websites during the most recent City election. CITY MANAGER REPORT: City Manager Willmore provided a report regarding the City's new Online Documents Portal and invited the residents and Council to visit the new portal containing contracts and many other City documents. CONSENT CALENDAR: City Clerk Morreale reported that there were no requests to speak and no late correspondence distributed regarding the Consent Calendar. Mayor Pro Tem Brooks moved, seconded by Councilman Misetich, to approve the Consent Calendar, as presented. The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Misetich and Mayor Knight NOES: None ABSENT: Campbell 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 City Council Minutes November 17, 2015 Page 4 of 10 Approved the Minutes of the October 20, 2015 and November 4, 2015 Regular Meetings. Register of Demands ADOPTED RESOLUTION NO. 2015-101, 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. Gifts for Parks Accepted the Gifts for Parks donations and directed staff to prepare donor letters of appreciation for the Mayor's signature. Parkland Dedication Fees for Final Parcel Map No. 72999 (Case No. SUB2014- 00004) for Property located at 5656 Crest Road Accepted parkland dedication (Quimby) fees for Final Parcel Map No. 72999, pursuant to the City's Parkland Dedication Fee formula, in the amount of$42,893.61 Utility User Tax (UUT) Refund Update 1) Pay the 11 Utility User Tax (UUT) deficient refund claims that were unsigned, but had no other deficiency; and, 2) Mail a deficiency UUT claim reminder to residents for the remaining 719 deficient claims. The reminder would give residents an additional 30 days to provide the necessary information and/or make the needed corrections to their claim to receive a refund. # # # # # # PUBLIC HEARINGS: Green Hills Memorial Park Appeal of Planning Commission Decision regarding Annual Compliance Review (Case No. ZON2003-00086); Location: 27501 Western Avenue City Clerk Morreale reported that notice of the public hearing was duly published, written protests were included in the staff report and late correspondence distributed prior to the meeting, and there were 19 requests to speak regarding this item. Mayor Knight declared the public hearing open. City Attorney Aleshire provided a detailed staff report regarding the Green Hills Memorial Park Appeal of the Planning Commission decision regarding the Annual Compliance Review. City Council Minutes November 17, 2015 Page 5 of 10 RECESS AND RECONVENE: Mayor Knight called a brief recess from 8:20 P.M. to 8:31 P.M. Ellen Berkowitz, Los Angeles, Counsel, Green Hills Memorial Park, provided comments regarding the staff report and proposed recommendations, noting that the recommendations appear to be a workable and feasible solution to resolve the items under discussion. She reported on Green Hills being in agreement with the following matters: 1) to abide by the conditions as proposed; 2) to participate in a mediation process with the Vista Verde Owners Association (WOA) residents before a neutral mediator, upon which both parties agree, to discuss a settlement; 3) to engage in an appraisal process with WOA; 4) to negotiate an indemnification agreement with the City; and, 5) to comply with proposed measures to provide additional maps and survey information to the City and continue to adhere to all operational restrictions. Noel Weiss, Marina del Rey, Vista Verde Condominium Owners, provided comments regarding the process being clearly biased in favor of Green Hills Memorial Park; requirements under zoning law and the need for an after-the-fact variance and the obligation for Green Hills to apply for that variance; and, noted there will probably be litigation and property claims since there are no statute of limitations issues. Elmer Scheel, provided comments regarding Green Hills Memorial Park knowingly building the Pacific Terrace Mausoleum at the height and location it was constructed; and commented on the loss of property value, views, privacy, and peace and quiet due to the actions and inactions of Green Hills Memorial Park. Ms. Sabath, Rancho Palos Verdes, provided comments regarding the impact of living near Green Hills Memorial Park due to the location of the Pacific Terrace Mausoleum to the condominiums in Lomita and homes in the Peninsula Verde neighborhood, and the effect on privacy and property values. Julie Keye, Lomita, provided comments regarding the actions of Green Hills Memorial Park and noted she would be filing criminal lawsuits with the Los Angeles District Attorney regarding this matter. Chip Keye, on behalf of Matt Martin, provided comments and a PowerPoint presentation with audio augmentation regarding comments made at Planning Commission hearings regarding the Pacific Terrace Mausoleum. Joanna Jones-Reid, Lomita, Vista Verde Owners Association (WOA), provided comments and a PowerPoint presentation regarding the setbacks and proposed design of the Pacific Terrace Mausoleum, and opined the City should revoke the permit as Green Hills provided false information to obtain approval. City Council Minutes November 17, 2015 Page 6 of 10 Lori Brown, Lomita, Vista Verde Condominiums, provided comments and a PowerPoint presentation regarding the Pacific Terrace Mausoleum as a public nuisance due to the noise and exhaust fumes from machinery used on top of the mausoleum, moving of dirt at the site; and lack of privacy at the condominiums due to the proximity of funeral and visitation activities. Jim Gordon, provided comments and a PowerPoint presentation regarding the misleading submissions by Green Hills Memorial Park regarding the location of the Pacific Terrace Mausoleum. Diane Smith, Rancho Palos Verdes, continued with Mr. Gordon's PowerPoint presentation and noted that the Planning Commission made their decision regarding the Pacific Terrace Mausoleum based on a faulty and misleading plan submitted by Green Hills Memorial Park. Paul Funk, Lomita, referenced the independent investigations that were conducted regarding the misrepresentations made by Green Hills Memorial Park and failure of staff to act properly regarding the building location of the Pacific Terrace Mausoleum. Nevada Prewitt, provided comments regarding the administrative investigation conducted regarding the location of the Pacific Terrace Mausoleum; misrepresentations by Green Hills Memorial Park; inaccurate appraisal of her property; loss of her view, enjoyment of her home, and loss of her health. Debbie Landes, Lomita, Vista Verde Owners, provided comments regarding the problems the condominium residents face on a daily basis due to the location of the mausoleum, including noise and music from the funerals and visitations, and decreased property value. Linda Ott, Lomita, Vista Verde, provided comments regarding the sacred and peaceful nature of Green Hills Memorial Park before the Pacific Terrace Mausoleum was built, and the devaluation of personal property since the project was built. Nadia G., WOA, provided comments and a PowerPoint presentation regarding the invalid nature of the permit; misrepresentation of the facts by Green Hills; and lack of notice to the neighbors regarding the proposed mausoleum project. Brian Carter, WOA, provided comments and a PowerPoint presentation regarding the schematic site section, drawings and views submitted for the Pacific Terrace Mausoleum project and noted that Green Hills Memorial Park misrepresented the plans for the proposed project. Sharon Loveys, WOA, provided comments regarding the placement of the Pacific Terrace Mausoleum at Green Hills Memorial Park, noting that the location of the City Council Minutes November 17, 2015 Page 7 of 10 Mausoleum has caused her the loss of her view and property value. She added that arbitration or mediation would occur if the WOA selected the arbitrator. April Sandell, Rancho Palos Verdes, provided comments regarding the problems pertaining to the Pacific Terrace Mausoleum at Green Hills Memorial Park noting that many of the issues could have been avoided; and opined there should be punitive damages paid in this situation. David Tomblin, Rancho Palos Verdes, speaking independently as a Planning Commissioner stated that after two independent reviews it was clear that Green Hills Memorial Park had illegally interred people within a required setback; noted the Planning Commission turned down a Green Hills Memorial Park application three times; the depiction of small walls on plans ended up being monuments which were taller than designed; and noted that the cemetery can be closed down if not in compliance with their Conditional Use Permit, per State law. Sharon Yarber, Rancho Palos Verdes, provided comments regarding the progress made by City Attorney Aleshire to find a solution to a very complex issue; mediation and arbitration; and opined that the monetary offer from the City should be increased due to pain, suffering and devaluation of property. Ellen Berkowitz, in rebuttal, provided comments regarding the relocation of 31 plots previously sold to individuals from the northwest corner to other locations in the cemetery; the appraiser previously used was selected by the homeowners' association, and the instructions regarding the appraisal were jointly prepared by the City, Green Hills, and the WOA attorney at the time. Ms. Berkowitz noted she had the utmost respect for the Vista Verde homeowners. Discussion ensued among Council Members, staff, and City Attorney Aleshire. Mayor Pro Tem Brooks moved, seconded by Councilman Duhovic, to: ADOPT RESOLUTION NO. 2015-102, AS AMENDED, AND THE CONDITIONS OF APPROVAL, AS AMENDED, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, PARTIALLY UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND PARTIALLY MODIFYING THE CONDITIONS OF APPROVAL OF THE CONDITIONAL USE PERMIT AND PERMITTING CONTINUED OPERATION OF MAUSOLEUM WITH CONDITIONS TO MINIMIZE IMPACTS, with the addition of foliage as a buffer to screen the site. City Attorney Aleshire noted that there could be the addition of a condition of approval to add foliage as a buffer to screen the mausoleum from the condominium site, if approved by the Vista Verde Owners Association. Mayor Knight declared the public hearing closed. City Council Minutes November 17, 2015 Page 8 of 10 The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Misetich and Mayor Knight NOES: None ABSENT: Campbell REGULAR BUSINESS: Master Plan of Drainage and Engineer's Preliminary Report for Storm Drain User Fee 2016 Renewal City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were two requests to speak regarding this item. City Manager Willmore provided a staff report and PowerPoint presentation regarding this item. Discussion ensued among Council Members and staff. Lowell Wedemeyer, Rancho Palos Verdes, Infrastructure Management Advisory Committee (IMAC), stated that the IMAC voted unanimously, with 6 Committee Members present, in favor of bringing the storm drain user fee forward as a public hearing; and noted that there are competing demands for the unrestricted funds available for storm drain and other Capital Improvement Projects, in the amount of approximately $18.9 million. Kelvin Vanderlip, Rancho Palos Verdes, IMAC, stated that the IMAC and Finance Advisory Committee were committed on working with staff regarding future capital improvement projects, both funded and unfunded. He noted that the loss of the Storm Drain User Fee could affect other projects that are not storm drain related. Councilman Misetich moved, seconded by Councilman Duhovic, to continue the meeting to 11:00 P.M. Without objection, Mayor Knight so ordered. Discussion ensued among Council Members and staff. Councilman Misetich moved, seconded by Mayor Pro Tem Brooks, to approve the staff recommendation to: 1) Receive and file a summary of the 2015 Master Plan of Drainage (on the City's website since October 1, 2015), and the Draft Preliminary Report for the Water Quality and Flood Protection Program Storm Drain User Fee, 2016 Renewal; and, 2) Schedule a public hearing for January 19, 2016, to consider whether the City should conduct a mail-ballot election of affected property owners, for a 10 year extension of the storm drain user fee with the same fee structure and methodology. City Council Minutes November 17, 2015 Page 9 of 10 The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Misetich and Mayor Knight NOES: None ABSENT: Campbell FUTURE AGENDA ITEMS: The following items were raised by Council Members as future agenda items: Ethics and Integrity Committee with a focus on Social Media (Brooks) Southside Public Safety Facility Task Force (Duhovic) Summary Report of Regional Activities and Future Projects for Council's Consideration (Knight) CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings since the last City Council Oral Reports were provided on November 4, 2015. ADJOURNMENT: At 10:48 P.M., Mayor Knight adjourned the meeting. ( . /4F May► Attest: 17A41.,ezteC_. City Clerk W:1City Council Minutes12015\20151117 CC MINS.docx City Council Minutes November 17, 2015 Page 10 of 10