CC DM 20160315 B - 20160216 CC MINS DRAFTDRAFT
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
FEBRUARY 16, 2016
The meeting was called to order at 6:06 P.M. by Mayor Dyda at Fred Hesse Community
Park, 29301 Hawthorne Boulevard.
City Council roll call was answered as follows:
PRESENT: Brooks, Campbell, Duhovic, Misetich, and Mayor Dyda
ABSENT: None
PUBLIC COMMENTS: (This section of the agenda is for audience comments regarding
Closed Session items)
None.
CLOSED SESSION ITEMS ANNOUNCED:
City Attorney Aleshire announced the items to be discussed in Closed Session and
noted that there was the need for a third item to be added. He requested that the
Council take action to add an item regarding Potential Litigation to the Closed Session
agenda, as the need to address this matter arose after the posting of the agenda.
Councilman Duhovic moved, seconded by Councilman Misetich, to add the item
regarding Potential Litigation to the Closed Session Agenda.
Without objection, Mayor Dyda so ordered.
RECESS TO CLOSED SESSION:
At 6:10 P.M., the Council recessed to Closed Session.
RECONVENE TO REGULAR SESSION:
The meeting was reconvened to Regular Session at 6:54 P.M.
ROLL CALL:
City Council roll call was answered as follows:
PRESENT: Brooks, Campbell*, Duhovic, Misetich and Mayor Dyda
ABSENT: None
Draft City Council Minutes
February 16, 2016
Page 1 of 12
*Mayor Pro Tem Campbell returned to the dais at 6:57 P.M.
Also present were Doug Willmore, City Manager; Gabriella Yap, Deputy City Manager;
David Aleshire, City Attorney; Michael Throne, Director of Public Works; Cory Linder,
Director of Recreation and Parks; Deborah Cullen, Director of Finance; Terry Rodrigue,
Interim Community Development Director; Ara Mihranian, Deputy Community
Development Director; Nicole Jules, Deputy Director of Public Works; So Kim, Senior
Planner; Sean Robinson, Human Resources Manager; and, Carla Morreale, City Clerk.
Also present were the following: Christy Lopez, Deputy City Attorney; and Phil White,
Audit Partner, Vavrinek, Trine, Day & Co., LLP and Day.
CLOSED SESSION REPORT:
City Attorney Aleshire reported on the following Closed Session items: 1) With respect
to the Existing Litigation pertaining to the Sharon Yarber v. City of Rancho Palos Verdes
case, a status report was provided and no reportable action was taken; 2) With respect
to the item pertaining to Potential Litigation Against the City regarding the Vista Verde
Homeowners Association, a status report was provided and no reportable action was
taken; and, 3) With respect to the Potential Litigation Against the City item that was
added to the Closed Session, a status report was provided and no reportable action
was taken.
STUDY SESSION:
PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA FOR THE STUDY
SESSION:
None.
DISCUSSION TOPICS:
Review of Tentative Agendas and Council Goals and Priorities
Discussion ensued among Council Members and staff regarding items on the upcoming
Council Meeting agendas as listed on the Tentative Agendas.
Councilwoman Brooks moved, seconded by Councilman Misetich, to approve the
Tentative Agendas, as amended.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Dyda
NOES: None
Draft City Council Minutes
February 16, 2016
Page 2 of 12
ABSENT: None
REGULAR SESSION:
City Council roll call was answered as follows:
PRESENT: Brooks, Campbell, Duhovic, Misetich and Mayor Dyda
ABSENT: None
Also present were Doug Willmore, City Manager; Gabriella Yap, Deputy City Manager;
David Aleshire, City Attorney; Michael Throne, Director of Public Works; Cory Linder,
Director of Recreation and Parks; Deborah Cullen, Director of Finance; Terry Rodrigue,
Interim Community Development Director; Ara Mihranian, Deputy Community
Development Director; Nicole Jules, Deputy Director of Public Works; So Kim, Senior
Planner; Sean Robinson, Human Resources Manager; and, Carla Morreale, City Clerk.
Also present were the following: Christy Lopez, Deputy City Attorney; and Phil White,
Audit Partner, Vavrinek, Trine, Day & Co., LLP.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Mayor Dyda.
MAYOR'S ANNOUNCEMENTS:
None.
RECYCLE DRAWING:
Mayor Dyda announced Recyclers of the Month from the February 2, 2016 City Council
meeting: Kthyun Suh and Susie Collins. 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 Councilwoman Brooks, to approve the
agenda with Item No. 2 (Consideration and Possible Action to Initiate a Code
Amendment for Employee Housing, as Identified in the City's 2013-2021 Housing
Element (ZON2016-00041), Item No. 4 (Consideration and Possible Action to
Enact a Code Amendment to Regulate and Prohibit Medical Marijuana
(ZON2016-00050), and Item No. 8 (Consideration and Possible Action to require
Earlier Agenda Posting and Receipt of Late Correspondence) removed from the
agenda and placed on future Council meeting agendas.
Draft City Council Minutes
February 16, 2016
Page 3 of 12
Mayor Pro Tem Campbell offered an amendment to the motion, to remove Item No. 9
(Consideration and Possible Action on the Civic Reporting Openness in Negotiations
Efficiency ("CRONEY") Act) and place that item on a future agenda. The maker and
seconder of the motion accepted the amendment.
The motion, as amended, passed on the following roll call vote:
AYES:
Brooks, Campbell, Duhovic, Misetich and Mayor Dyda
NOES:
None
ABSENT:
None
Discussion ensued among Council Members and City Attorney Aleshire.
Councilman Misetich moved, seconded by Mayor Dyda, to continue public hearing Item
No. 2 (Consideration and Possible Action to Initiate a Code Amendment for Employee
Housing, as Identified in the City's 2013-2021 Housing Element (ZON2016-00041), to
the March 1, 2016 City Council Meeting.
The motion passed on the following roll call vote:
AYES:
Brooks, Campbell, Duhovic, Misetich and Mayor Dyda
NOES:
None
ABSENT:
None
CITY MANAGER REPORT:
City Manager Willmore provided a report regarding his attendance at the League of
California Cities Annual City Manager's conference.
PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda)
Noel Weiss, attorney for several Vista Verde Owners Association (VVOA) homeowners,
provided comments regarding the Green Hills Memorial Park issue, claims that he
recently filed for 29 homeowners, Writ of Mandate Summons served on the City, and
development of the Inspiration Slope Mausoleum Building at Green Hills.
The following members of the public provided comments regarding Green Hills
Memorial Park, Inspiration Slope Construction, and Pacific Terrace Mausoleum:
Bernadette Sabath, Rancho Palos Verdes; April Sandell, Rancho Palos Verdes; Mike
McClung, Rancho Palos Verdes; Lori Brown, Vista Verde homeowner; Debbie Landes,
Lomita; Sharon Lovers, VVOA; and, Jane Gualeni, Rancho Palos Verdes.
Minas Yerelian, Rancho Palos Verdes, provided comments regarding the beautification
of Hawthorne Boulevard.
Draft City Council Minutes
February 16, 2016
Page 4 of 12
CONSENT CALENDAR:
City Clerk Morreale reported that there was one request to speak regarding Item H
(Consideration and Possible Action to Award a Construction Contract and an Inspection
Contract for the 2015 Storm Drain Lining Project).
Councilwoman Brooks moved, seconded by Councilman Misetich, to approve the
Consent Calendar, with Item H (Consideration and Possible Action to Award a
Construction Contract and an Inspection Contract for the 2015 Storm Drain Lining
Project) removed and to be heard immediately after the Consent Calendar.
The motion passed on the following roll call vote:
AYES:
Brooks, Campbell, Duhovic, Misetich and Mayor Dyda
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 January 19, 2016 Regular Meeting; and February 2, 2016
Adjourned Regular Meeting (Interviews).
Consideration and Possible Action regarding a Claim Against the City by Kalan
Mavar
Rejected the claim and directed staff to notify the claimant.
Consideration and Possible Action to Authorize the City Clerk to File a Notice of
Completion for the Roan Road Storm Drain Rehabilitation Project
1) Accepted the project as complete; 2) Authorized the City Clerk to file a Notice of
Completion for the project with the Los Angeles County Recorder; and if no claims are
filed within 35 days after recordation, and upon the contractor posting an acceptable
warranty bond, send a notice to the surety company to exonerate the Performance
Bond; and, 3) Authorized the Director of Public Works to release the 5% construction
retention payment to GRFCO, Inc. 35 days after recordation of the Notice of Completion
by the Los Angeles County Recorder, contingent upon no claims being filed on the
project, and the contractor posting an acceptable warranty bond with the City.
Draft City Council Minutes
February 16, 2016
Page 5 of 12
Register of Demands
ADOPTED RESOLUTION NO. 2016-06, 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.
Consideration and Possible Action to Accept Gifts for Parks Donations
Accepted Gifts for Parks donations and directed Staff to prepare donor letters of
appreciation for the Mayor's signature.
Consideration and Possible Action to Approve a License Agreement between the
Southern California Edison Company (SCE) and the City to Allow the City to Place
Signs on SCE Poles
1) Approved a License Agreement with the Southern California Edison Company (SCE)
to allow the City the option to mount non -electrified traffic regulating signs, American
flags, Neighborhood Watch signs, banners and related appurtenances on SCE poles;
and, 2) Authorized the Mayor and City Clerk to sign the agreement.
Consideration and Possible Action to Award a Construction Contract and an
Inspection Contract for the 2015 Storm Drain Lining Project
This item was removed from the Consent Calendar for separate consideration.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
Consideration and Possible Action to Award a Construction Contract and an
Inspection Contract for the 2015 Storm Drain Lining Project
City Clerk Morreale reported that there was one request to speak regarding this item.
Director of Public Works Throne provided a brief staff report regarding this item.
John Colich, owner, Southwest Pipeline, Rancho Palos Verdes, provided comments
regarding his willingness to perform the storm drain lining work for this project.
The following Council Members disclosed that they each had spoken with a
representative from Nu Line Technologies, LLC: Councilman Duhovic, Councilwoman
Brooks, and Councilman Misetich.
Councilman Misetich moved, seconded by Councilwoman Brooks, to approve the staff
recommendation to: 1) Approve the construction documents for the 2015 Storm Drain
Draft City Council Minutes
February 16, 2016
Page 6 of 12
Lining Project; 2) Find the bid presented by Nu Line Technologies, LLC, to be non-
responsive and reject it; 3) Award a construction contract to Southwest Pipeline and
Trenchless Corporation, in the amount of $897,571, and authorize a construction
contingency in the amount of $90,000; 4) Award a professional services agreement for
construction management and inspection to KOA Corporation in the amount of $40,000;
and, 5) Authorize the Mayor and City Clerk to execute the agreements, subject to
approval as to form by the City Attorney.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Dyda
NOES: None
ABSENT: None
Consideration and Possible Action to Approve Revision "R" to Conditional Use
Permit No. 215, et. al., for the Terranea Resort and Spa (ZON2015-00531)
[Location: 100 Terranea Way]
City Clerk Morreale reported that notice of the public hearing was duly published, written
protests included in the staff report, and there were two requests to speak regarding this
item.
Mayor Dyda declared the public hearing open.
Deputy Community Development Director Mihranian provided a staff report and
PowerPoint presentation regarding this item.
Bob Lowe, Chairman, Terranea Resort and Spa/Lowe Enterprises, Rancho Palos
Verdes, provided comments regarding the proposed revision to the Conditional Use
Permit and the positive relationship between Terranea Resort and the City.
Discussion ensued among Council Members and staff.
Mayor Dyda declared the public hearing closed.
Councilwoman Brooks moved, seconded by Councilman Misetich, to: ADOPT
RESOLUTION NO. 2016-07, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, APPROVING REVISION "R" TO CONDITIONAL USE
PERMIT NO. 215, ET. AL. BY AMENDING THE COUNCIL -ADOPTED CONDITIONS
OF APPROVAL TO: 1) RESTRIPE THE ENTRY DRIVEWAY TO CREATE TWO
INBOUND LANES AND ONE OUTBOUND LANE BY REPLACING THE REQUIRED
BICYCLE LANES WITH SHARROW LANES (SHARED VEHICLE AND BICYCLE
LANE) WITH NO MODIFICATION TO THE REQUIRED PARKING SPACES ALONG
Draft City Council Minutes
February 16, 2016
Page 7 of 12
THE OUTBOUND LANE; AND, 2) REPLACE THE TURF AT THE MEADOW LAWN
AREA (ADJACENT TO THE BANQUET FACILITIES) WITH PERMEABLE PAVERS TO
FACILITATE THE CURRENT PRACTICE OF INSTALLING TEMPORARY TENTS IN
THIS AREA IN CONNECTION WITH THE BALLROOM FACILITIES.
The motion passed on the following roll call vote:
AYES:
Brooks, Campbell, Duhovic, Misetich and Mayor Dyda
NOES:
None
ABSENT:
None
RECESS AND RECONVENE:
Mayor Dyda called a brief recess from 8:07 P.M. to 8:20 P.M
Consideration and Possible Action to Initiate a Code Amendment for Employee
Housing, as Identified in the City's 2013-2021 Housing Element (ZON2016-00041)
This item was continued to the March 1, 2016 City Council Meeting.
Consideration and Possible Action to Grant a Second Amendment to Revision
`BB' to Conditional Use Permit No. 163 and Variance, and Approve a Coastal
Permit for an Existing 70' -tall Flag Pole at Trump National Golf Club (Case No.
ZON2015-00512) [Location: 1 Trump National Way]
City Clerk Morreale reported that notice of the public hearing was duly published, written
protests included in late correspondence distributed prior to the meeting, and there were
two requests to speak regarding this item.
Mayor Dyda declared the public hearing open.
Senior Planner Kim provided a staff report and PowerPoint presentation regarding this
item and read into the record minor modifications to the resolution.
Discussion ensued among Council Members and staff.
Lili Amini, General Manager, Trump National Golf Club, provided comments regarding
the process for the Flag Pole approval over the last nine years.
Mayor Dyda declared the public hearing closed.
Councilwoman Brooks moved, seconded by Councilman Misetich, to approve the staff
recommendation to: ADOPT RESOLUTION NO. 2016-08, AS AMENDED, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
CONDITIONALLY APPROVING:
Draft City Council Minutes
February 16, 2016
Page 8 of 12
1) AMENDMENT NO. 2 TO REVISION "BB" TO CONDITIONAL USE PERMIT NO. 163
AND VARIANCE, THEREBY AMENDING THE EXISTING ACTION DEADLINE
CONDITIONS; and, 2) COASTAL DEVELOPMENT PERMIT FOR AN EXISTING 70' -
TALL FLAG POLE AT TRUMP NATIONAL GOLF CLUB.
The motion passed on the following roll call vote:
AYES:
Brooks, Campbell, Duhovic, Misetich and Mayor Dyda
NOES:
None
ABSENT:
None
Consideration and Possible Action to Enact a Code Amendment to
Regulate and Prohibit Medical Marijuana (ZON2016-00050)
This item was continued to a future Council Meeting.
Consideration and Possible Action to Introduce an Ordinance for Wireless
Telecommunication Installations in the City's Public Rights -of -Way
City Clerk Morreale reported that notice of the public hearing was duly published, no
written protests received, and there were three requests to speak regarding this item.
Mayor Dyda declared the public hearing open.
Deputy City Attorney Lopez provided a brief staff report regarding this item, noting that
the recommendation was to continue this item to the March 1, 2016 City Council
Meeting in order to consider and address additional comments received from the public
and legal concerns received from wireless carriers.
John Freeman, Rancho Palos Verdes, provided comments regarding this item and
noted he provided for the Council's consideration a simple 7 -step guide regarding the
approval process for a wireless telecommunications facilities and suggested a
Frequently Asked Questions brochure be prepared to help better educate the public.
Jeff Calvagna, Rancho Palos Verdes, urged the Council to approve the ordinance with
minimal changes and noted the addition of numerous cell tower sites throughout the
City with little regard for aesthetics, neighborhood compatibility, and impact on
residents' lives.
Paul O'Boyle, attorney, Crown Castle, provided comments regarding the proposed
ordinance and noted they had no objection to the continuance of the item to a future
date. He added that he had supplied the City with wireless antenna configurations to
allow for the tactful placement of wireless telecommunication facilities.
Draft City Council Minutes
February 16, 2016
Page 9 of 12
Councilman Misetich moved, seconded by Councilwoman Brooks, to continue the public
hearing to the March 1, 2016 City Council Meeting.
Discussion ensued among Council Members, staff, and Deputy City Attorney Lopez.
Councilwoman Brooks offered an amendment to the motion, seconded by Councilman
Duhovic, to include the provision of a simple guide regarding the approval process and
a Frequently Asked Questions brochure for the public. The maker of the motion
accepted the amendment.
A reiteration of the amended motion is the following: Councilman Misetich moved,
seconded by Councilwoman Brooks, to continue the public hearing to the March 1, 2016
City Council Meeting; and, direct staff to provide a simple guide regarding the approval
process regarding wireless telecommunications facilities and a Frequently Asked
Questions brochure for the public.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Dyda
NOES: None
ABSENT: None
N*elllWs1:I 1►1**3
Consideration and Possible Action to Appoint City Advisory Board Members
City Clerk Morreale reported that there was one request to speak regarding this item.
Minas Yerelian, Rancho Palos Verdes, provided comments regarding the current
Planning Commissioners and the recent extension on an application before the
Planning Commission.
City Clerk Morreale distributed ballots for each of the City Advisory Boards (Boards)
with current openings and the following residents were appointed to the following
Boards: 1) Appointed David Bradley, Robert (Bob) Nelson, and David Tomblin to the
Planning Commission, each with a four-year term of office to expire on the first regular
City Council meeting in December of odd years (December 3, 2019), or until a
successor is appointed, pursuant to Section 2.20.020 of the Rancho Palos Verdes
Municipal Code; 2) Appointed Krista Johnson and Romolo (Ron) Santarosa to the
Finance Advisory Committee, each with a four-year term of office, until February 16,
2020, or until a successor is appointed; and, 3) Appointed Jack Fleming, Martin Fox and
Max Hooper to the Oversight Committee for the Water Quality & Flood Protection
Program, each with a four-year term of office to expire on the date of the second regular
City Council meeting in January of even years (January 21, 2020) or until a successor is
appointed, pursuant to Section 3.44.080 of the Rancho Palos Verdes Municipal Code.
Draft City Council Minutes
February 16, 2016
Page 10 of 12
Councilwoman Brooks moved, seconded by Councilman Duhovic, to appoint Yi Hwa
Kim to the Traffic Safety Committee to fill a vacancy for an unexpired term of office
ending January 6, 2019, or until a successor is appointed.
The motion passed on the following roll call vote:
AYES:
Brooks, Campbell, Duhovic, Misetich and Mayor Dyda
NOES:
None
ABSENT:
None
Consideration and Possible Action to Review and Discuss the FY14-15
Comprehensive Annual Financial Report (CAFR) of the City of Rancho Palos
Verdes
City Clerk Morreale reported that there were no requests to speak regarding this item.
Director of Finance Cullen provided a detailed staff report and PowerPoint presentation
regarding this item.
Phil White, Audit Partner, Vavrinek, Trine, Day & Co., LLP and Day, provided comments
regarding the CAFR, noting that the Independent Auditor's opinion was that the City has
received a clean opinion. He added that new pension liability standards, as dictated by
GASB 68 and GASB 71, were included in this year's financial statements.
Discussion ensued among Council Members and staff.
Councilman Misetich moved, seconded by Mayor Pro Tem Campbell, to: Receive and
file the following: A) FY14-15 Comprehensive Annual Financial Report (CAFR) of the
City of Rancho Palos Verdes; and, B) Statements on Auditing Standards (SAS) 114
Letter from Independent Auditors to those charged with governance.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Dyda
NOES: None
ABSENT: None
Consideration and Possible Action to require Earlier Agenda Posting and Receipt
of Late Correspondence
This item was continued to a future Council Meeting.
Consideration and Possible Action on the Civic Reporting Openness in
Negotiations Efficiency ("CRONEY") Act (Aleshire/Willmore) (30 mins)
Draft City Council Minutes
February 16, 2016
Page 11 of 12
This item was continued to a future Council Meeting.
FUTURE AGENDA ITEMS:
The following items were raised by Council Members as future agenda items:
Future Agenda Items and Study Session Process (Dyda)
Helicopter Noise Issues (Brooks)
Modification to the Study Session Procedure regarding Staff Driven Issues (Duhovic)
Modification to a Process to Remedy Action of Repeat Offenders/Violators (Duhovic)
Standing Report regarding Green Hills Memorial Park Issues (Duhovic)
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
February 2, 2016.
ADJOURNMENT:
At 10:11 P.M., Mayor Dyda adjourned the meeting.
Attest:
City Clerk
WACity Council Minutes\2016\20160216 CC MINS DRAFT.docx
Mayor
Draft City Council Minutes
February 16, 2016
Page 12 of 12