CC DM 20161018 B - 20160920 DRAFT CC MINS with Study SessionDRAFT
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
SEPEMBER 20, 2016
The meeting was called to order at 6:01 P.M. by Mayor Dyda at Fred Hesse Community
Park, 29301 Hawthorne Boulevard.
City Council roll call was answered as follows:
PRESENT: Brooks, Duhovic, and Mayor Dyda
ABSENT: *Campbell and *Misetich
*Councilman Misetich arrived at 6:10 P.M.
*Mayor Pro Tem Campbell arrived at 6:40 P.M.
Also present were Doug Willmore, City Manager; David Aleshire, City Attorney;
Gabriella Yap, Deputy City Manager; and, Teresa Takaoka, Acting City Clerk.
CLOSED SESSION ITEMS ANNOUNCED:
City Attorney Aleshire announced the items to be discussed in Closed Session.
PUBLIC COMMENTS: (This section of the agenda is for audience comments regarding
Closed Session items)
None.
RECESS TO CLOSED SESSION:
At 6:04 P.M., the Council recessed to Closed Session.
RECONVENE TO REGULAR SESSION:
The meeting was reconvened to Regular Session at 7:02 P.M.
ROLL CALL:
City Council roll call was answered as follows:
PRESENT: Brooks, Campbell, Duhovic, Misetich, and Mayor Dyda
ABSENT: None
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Also present were Doug Willmore, City Manager; David Aleshire, City Attorney;
Gabriella Yap, Deputy City Manager; Michael Throne, Director of Public Works; Cory
Linder, Director of Recreation and Parks; Deborah Cullen, Director of Finance; Ara
Mihranian, Community Development Director; Octavio Silva, Associate Planner; and
Teresa Takaoka, Acting City Clerk.
Also present were the following: Sgt. Dave Shive, Lomita Station, Los Angeles County
Sheriff's Department.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Mayor Dyda
CLOSED SESSION REPORT:
City Attorney Aleshire reported on the following Closed Session items: 1) With respect
to the item involving litigation with City of Carson, et al v. Dean C. Logan a report was
give and no reportable action was taken; and, 2) With respect to the Potential Litigation
against the City a report was given and no reportable action was taken.
MAYOR'S ANNOUNCEMENTS:
Mayor Dyda announced the New Batch of Recycling Month Entry cards and he urged
residents to complete the cards for their chance at the recycle drawing.
RECYCLE DRAWING:
Mayor Dyda announced Recyclers of the Month from the September 6, 2016 City
Council meeting: Logan Webster and JoAnna Kerrigan. He indicated that all winners
receive a check for $250 and urged everyone to participate in the City's Recycling
Program.
APPROVAL OF AGENDA:
Councilwoman Brooks moved, seconded by Councilman Misetich, to approve the
agenda, as presented.
The motion passed on the following roll call vote:
AYES:
Brooks, Campbell, Duhovic, Misetich and Mayor Dyda
NOES:
None
ABSENT:
None
STUDY SESSION:
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Page 2 of 13
PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA FOR THE STUDY
SESSION:
None.
DISCUSSION TOPICS:
Review of Tentative Agendas and 2014 City Council Goals and Priorities
Mayor Pro Tem Campbell moved, seconded by Councilman Duhovic to move the Study
Session items to the end of Regular Business.
Discussion ensued among Council Members.
Mayor Pro Tem Campbell moved to call the question, seconded by Councilman
Duhovic.
The motion passed on the following roll call vote:
AYES: Campbell, Duhovic, Misetich
NOES: Brooks and Mayor Dyda
Councilwoman Brooks moved, seconded by Councilman Misetich, to receive and file
the Tentative Agendas and 2014 City Council Goals and Priorities.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Dyda
NOES: None
PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda)
Mickey Rodich, Rancho Palos Verdes, provided comments regarding the interpretation
of free speech; Neighborhood Watch; the need for more public discussion on items on
the agenda; and the Ladera Linda Master Plan.
Matt Martin, Rancho Palos Verdes, provided comments regarding concerns with rooftop
burials at Green Hills Memorial Park.
Noel Weiss, provided comments regarding concerns about the Rancho LPG Tank
Facility located in San Pedro.
Thomas Olson, Rancho Palos Verdes, provided comments regarding parking issues at
Del Cerro Park and the continued traffic issues in the area.
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Barry Yudess, Rancho Palos Verdes, provided comments regarding Palos Verdes Drive
South landslide issue; the role committee members play in decision making; and the soil
issues at Ladera Linda.
Joan Davidson, Palos Verdes Estates, provided comments regarding ethics and the
need for councilmembers to adhere to a code of ethics and disclose any conflicts.
CITY MANAGER REPORT:
City Manager Willmore reported on: September as National Preparedness Month; the
City's net taxable value increase of 4.2% in 2016-17 property taxes; the Storm Drain
Lining Project; and the upcoming meeting for Ladera Linda Parks Master Plan.
CONSENT CALENDAR:
Acting City Clerk Takaoka reported that late correspondence was distributed prior to the
meeting regarding Items E, F, O, and 1 and there were requests to speak on items E, L,
and O.
Councilman Brooks moved, seconded by Councilman Duhovic, to approve the Consent
Calendar, with items E (Consideration and Possible Action to Receive and File a Report
on the City Attorney's Determination Regarding a Requested Administrative
Interpretation Procedure Relating to Vault Storage and Rooftop Burials at the Inspiration
Slope Mausoleum), L (Consideration and Possible Action to Request that Governor
Brown Veto Senate Bill No. 1069 Regarding Second Dwelling Units), and O (Receive
and File a Status Report Regarding the City Attorney's Opinion Concerning the Access
Issues for the Vacant Lot Known as Elkmont Canyon (Assessor's Parcel Number (APN)
7576-026-028, Case No. ZON2014-00229) removed and to be heard immediately after
the Consent Calendar; and, with item F (Consideration and Possible Action to Support
the West Los Angeles (LA) Veterans' Administration (VA) Campus Master Plan)
removed and to be heard at the end of Regular Business.
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.
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Approval of Minutes
Approved the Minutes of the August 21, 2016, Regular Meeting.
Register of Demands
ADOPTED RESOLUTION NO. 2016-42, 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 Enter into Local Return (LR) Fund
Exchange Agreements with the Cities of Montebello and Rolling Hills
1) Approved a Proposition A LR Fund Exchange Agreement with the City of Montebello
in a form approved by the City Attorney; 2) Approved an additional appropriation of
$750,000 in exchange for $1,000,000 of Proposition A LR Funds from the City of
Montebello; 3) Approved a Proposition A LR Fund Exchange Agreement with the City of
Rolling Hills in a form approved by the City Attorney; 4) Approved an additional
appropriation of $56,250 in exchange for $75,000 of Proposition A LR Funds; and, 5)
Receive $65,000 of gifted Proposition C Funds from the City of Rolling Hills.
Consideration and Possible Action to Receive and File a Report on the City
Attorney's Determination Regarding a Requested Administrative Interpretation
Procedure Relating to Vault Storage and Rooftop Burials at the Inspiration Slope
Mausoleum
This item was removed from the Consent Calendar for separate consideration.
Consideration and Possible Action to Support the West Los Angeles (LA)
Veterans' Administration (VA) Campus Master Plan
This item was removed from the Consent Calendar for separate consideration.
Consideration and Possible Action to Award a Professional Services Agreement
for Civil Engineering Services for the Altamira Canyon Culvert at Palos Verdes
Drive South (PVDS) Modifications Project
1) Awarded a professional services contract to PENCO Engineering for civil engineering
final design services for the Altamira Canyon Culvert at PVDS Modifications project, in
an amount not to exceed $74,443; and 2) Authorized the Mayor and City Clerk to
execute a professional services agreement with PENCO Engineering, pending final
approval as to form by the City Attorney.
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Consideration and Possible Action to Award a Professional Services Agreement
for Civil Engineering Services for the Storm Drain Deficiency Improvement
Program, Year 1
1) Awarded a professional services contract to Dudek for civil engineering services for
Year 1 projects identified in the Storm Drain Deficiency Improvement Program, in an
amount not to exceed $255,042; and 2) Authorized the Mayor and City Clerk to execute
a professional services agreement with Dudek, pending final approval as to form by the
City Attorney.
Consideration and Possible Action to Award Construction and Construction
Management Change Orders for Residential Street Rehabilitation Project, Area 6,
Phase I — PCC Improvements and AC Repairs
1) Approved the construction plans and project specifications on file in the Public Works
Department for the Residential Street Rehabilitation Project, Area 6 Phase I — PCC
Improvements and AC Repairs; 2) Approved a construction contract change order in the
amount of $640,698 to the existing construction contract with Hardy & Harper, Inc. for
Residential Street Rehabilitation Project, Area 2 Phase I and authorize Staff to use up to
an additional 5% ($32,035) for project contingency during the completion of the
remainder of the Residential Street Rehabilitation Project, Area 6 Phase I; 3) Approved
a professional services agreement change order in the amount of $144,560 to the
existing professional services agreement with Anderson Penna Partners for
construction management, inspection and materials testing services related to the
above referenced project; and 4) Authorized the Director of Public Works to execute the
change orders.
Consideration and Possible Action to Repeal Resolution No. 2016-34, thereby
Removing the Following Designated Committee Positions from the Biennial
Conflict of Interest Code: Finance Advisory; Storm Drain User Fee Oversight
(WQFPP); Infrastructure Management; and Traffic Safety
Adopted Resolution No. 2016-43, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES, AMENDING THE PREVIOUSLY ADOPTED
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. 2016-34.
Consideration and Possible Action Regarding a Claim Against the City by Betty
Tansavatdi and the Estate of Pissanuk Jonathan Tansavatdi
Rejected the claim and direct Staff to notify the claimant.
Consideration and Possible Action to Request that Governor Brown Veto Senate
Bill No. 1069 Regarding Second Dwelling Units
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This item was removed from the Consent Calendar for separate consideration.
Consideration and Possible Action to Request that Governor Brown Sign
Assembly Bill No. 1952 Regarding Property Tax Postponement for Seniors and
Disabled Citizens
Authorized the Mayor to sign a letter to Governor Brown requesting his signature on
Assembly Bill No. 1952 (AB 1952) regarding property tax postponement for seniors and
disabled citizens.
Consideration and Possible Action to Request that Governor Brown Veto
Assembly Bill No. 626 Regarding Public Contract Claim Resolution
Authorized the Mayor to sign a letter to Governor Brown requesting veto of Assembly
Bill No. 626 (AB626) regarding public contract claim resolution.
Receive and File a Status Report Regarding the City Attorney's Opinion
Concerning the Access Issues for the Vacant Lot Known as Elkmont Canyon
(Assessor's Parcel Number (APN) 7576-026-028, Case No. ZON2014-00229)
This item was removed from the Consent Calendar for separate consideration.
Consideration of Approval of Mutual Release Agreement Between the City of
Rancho Palos Verdes and Richards, Watson and Gershon, a Professional
Corporation
Approved the Mutual Release Agreement between the City of Rancho Palos Verdes
and Richards, Watson and Gershon, a Professional Corporation.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
Consideration and Possible Action to Receive and File a Report on the City
Attorney's Determination Regarding a Requested Administrative Interpretation
Procedure Relating to Vault Storage and Rooftop Burials at the Inspiration Slope
Mausoleum
Acting City Clerk Takaoka reported that there was one request to speak on this item.
Noel Weiss, commented on the City's role regarding pending litigation and interpretation
procedures relating to vault storage and rooftop burials at the Inspiration Slope
Mausoleum at Green Hills.
Discussion ensued among Council Members, Staff and City Attorney Aleshire.
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Councilwoman Brooks moved, seconded by Councilman Duhovic, to receive and file the
report on the City Attorney's determination that the requested Administrative
Interpretation Procedure is not appropriate for the vault storage and rooftop burials at
the Inspiration Slope Mausoleum.
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 Request that Governor Brown Veto Senate
Bill No. 1069 Regarding Second Dwelling Units
Acting City Clerk Takaoka reported that there was one request to speak on this item.
April Sandell, Rancho Palos Verdes, commented that she appreciates Staff's efforts in
getting this item to the Governor's office.
Discussion ensued among Council Members.
Councilwoman Brooks, seconded by Councilman Duhovic to authorize the Mayor to
sign a letter to Governor Brown requesting a veto of Senate Bill No. 1069 (SB 1069)
regarding second dwelling units.
The motion passed on the following roll call vote:
AYES:
Brooks, Campbell, Duhovic, Misetich and Mayor Dyda
NOES:
None
ABSENT:
None
Receive and File a Status Report Regarding the City Attorney's Opinion
Concerning the Access Issues for the Vacant Lot Known as Elkmont Canyon
(Assessor's Parcel Number (APN) 7576-026-028, Case No. ZON2014-00229)
Acting City Clerk Takaoka reported that there was one request to speak on this item.
Other speaker slips were received as the public testimony began for a total of seven
speakers.
Jeff Lewis, attorney representing sixty homeowners in Elkmont Canyon area, stated he
was available for questions.
Gregory Schill, Merin Dahlerbruch, Rancho Palos Verdes and Marc Artino commented
on access issues; drainage issues; formally requested that no other vegetation be
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removed without prior notification of homeowners in the canyon; and spoke in
opposition to the project.
Patty Naegely, attorney for applicant, noted that the access application request was
withdrawn so no formal action is needed by council tonight.
Sharon Yarber, Rancho Palos Verdes, spoke in opposition to the project and
encouraged staff to not bifurcate the CEQA process.
April Sandell, Rancho Palos Verdes, encouraged staff to consider all the issues as the
project is located in a canyon.
Discussion ensued among Council Members, staff and City Attorney Aleshire.
Councilman Misetich moved, seconded by Councilwoman Brooks, to receive and file a
status report regarding the City Attorney's opinion concerning the access issues for the
vacant lot known as Elkmont Canyon.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Dyda
NOES: None
ABSENT: None
PUBLIC HEARINGS:
Consideration and Possible Action to Review Development Code Amendment
Options for Addressing Short -Term Rentals (Case No. ZON2016-00188)
Acting City Clerk Takaoka reported that the notice of the public hearing was duly
published and written protests were received and included as part of late
correspondence and there were 45 requests to speak regarding this item.
Councilman Misetich noted his attendance at a recent planning commission and
clarified there was no ethical issue as it is his right to attend meetings as a resident.
Associate Planner Silva provided a brief staff report and Powerpoint presentation.
Director Mihranian provided brief comments regarding the subject matter.
Discussion ensued among Council Members, Staff and City Attorney Aleshire.
Mayor Dyda called a brief recess from 8:20 P.M. to 8:31 P.M.
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Mayor Dyda declared the public hearing open.
The following members of the public provided comments regarding short term rentals
and spoke in support of a full ban due to numerous issues including safety; loss of
privacy; loss of a peaceful neighborhood; quality of life; and the potential for diminished
home values: Greg Mitre, Carmen Mitre, Michael Huang, George Cinfo, Dr. Michael
Friedman, Margy Bloom, Betty Riedman, Dana Graham, and Chris Huang.
The following members of the public provided comments regarding short term rentals
and spoke in favor of reviewing the information before making a decision and to
consider not banning the rentals: Irene Henrikson, Mickey Rodich, Ying Sai, Maura
Mizuquchi, Mark Coleman, Lucas Coleman, and Pantea Sharifi Hannanier.
The following members of the public provided comments regarding short term rentals
and spoke in support of a full ban: Noel Park, Jeff Lewis, Tracy Burns, Joyce Nitz, Janet
Nitz, Ralph Quakenbush, Mallika, and James Huang.
The following members of the public provided comments regarding short term rentals
and spoke in favor of reviewing the information before making a decision and to
consider not banning the rentals: Millie Lee, Cindy Quimbayo, Yolanda Quimbayo,
David Quimbayo, John Quimbayo, David Gregg, Alan Siegel, and Ron Reto.
The following members of the public provided comments regarding short term rentals
and spoke in support of a full ban: Nelly Bertolina, James Bertolina, Mary Gordon, Steve
Gordon, Gloria Schack, Pete Gasteiger, Sandra Hammersmark, Wei Chen, Jarrod
Koch, John Bradley, Guy Grant, Minas Yerelian, Karen Chuang, and Carolynn Petru.
Mayor Dyda declared the public hearing closed.
Mayor Dyda called a brief recess from 10:01 P.M. to 10:11 P.M.
Councilman Misetich moved to extend the meeting to 11:00 P.M. for the consideration
of new business.
Without objection, Mayor Dyda so ordered.
Discussion ensued among Council Members, staff and City Attorney Aleshire.
Councilwoman Brooks moved to extend the meeting to 11:20 P.M. for the consideration
of new business.
Without objection, Mayor Dyda so ordered.
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Discussion ensued among Council Members.
Councilwoman Brooks moved, seconded by Councilman Misetich, moved to: 1) affirm
he City's existing prohibition (100°/x) of short term rentals in single family residential
zoning areas; and 2) direct staff to return with any necessary processes, code
amendment language updates, or code enforcement steps to enforce the prohibition.
The motion passed on the following roll call vote:
AYES: Brooks, Duhovic, Misetich and Mayor Dyda
NOES: Campbell
ABSENT: None
REGULAR BUSINESS:
Consideration and Possible Action to Receive a Status Update Regarding the
Placement of Soil at Palos Verdes Peninsula Unified School District's Ladera
Linda Fields
Acting City Clerk Takaoka reported that late correspondence was distributed and there
were seven requests to speak regarding this item.
Mayor Pro Tem Campbell left the dais at 10:54 P.M. and returned at 11:00 P.M.
Councilwoman Brooks moved to extend the meeting to 11:20 P.M. for the consideration
of new business.
Without objection, Mayor Dyda so ordered.
Senior Administrative Analyst Fox presented a brief staff report.
Discussion ensued among Council Members and staff.
Councilwoman Brooks moved to extend the meeting to 11:35 P.M. for the consideration
of new business.
Without objection, Mayor Dyda so ordered.
The following members of the public provided comments regarding the dirt at Ladera
Linda fields; the need for transparency from other agencies; a desire for answers and
the eventual closure of this issue: Joan Davidson, Palos Verdes Estates; Barry Yudess,
Rancho Palos Verdes; Jessica Vlaco, Rancho Palos Verdes; Sandy Valeri, Rancho
Palos Verdes; and, Barry Hildebrand, Rancho Palos Verdes.
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Councilman Duhovic moved to extend the meeting to 11:50 P.M. for the consideration
of new business.
Without objection, Mayor Dyda so ordered.
Discussion ensued among Council Members, staff and the City Attorney.
Councilman Duhovic moved to extend the meeting to 12:00 A.M. for the consideration
of new business.
Without objection, Mayor Dyda so ordered.
Councilwoman Brooks moved, seconded by Councilman Duhovic, to approve the Staff
recommendation to: 1) review the status of the investigations regarding possible soil
contamination at the Palos Verdes Peninsula Unified School District's Ladera Linda
Fields; 2) request that Staff submit a formal letter to DTSC proceed as soon as possible,
noting the issues AYSO is experiencing; 3) request Staff send a formal letter to
PVPUSD and AYSO to request meetings; 4) to review whether there is a need for an
after -the -fact grading permit for the soil imported by AYSO; and 5) to ask Staff to return
with options and cost estimates for facility use of the upper fields at Hesse Park by
AYSO.
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 Support the West Los Angeles (LA)
Veterans' Administration (VA) Campus Master Plan
Acting City Clerk Takaoka reported that this item was removed from the Consent
Calendar by Mayor Pro Tem for separate consideration.
Mayor Pro Tem Campbell left the dais at 11:57 P.M.
Councilman Duhovic moved, seconded by Councilwoman Brooks, to authorize the
Mayor to sign a letter to Secretary of Veterans' Affairs Robert McDonald supporting
Senate Bill No. 2013 (S. 2013), House Resolution No. 3484 (H.R. 3484) and the West
LA VA Campus Master Plan.
The motion passed on the following roll call vote:
AYES: Brooks, Duhovic, Misetich and Mayor Dyda
NOES: None
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ABSTAIN: Campbell
FUTURE AGENDA ITEMS:
This item was continued to the October 4, 2016 meeting.
CITY COUNCIL ORAL REPORTS:
This item was continued to the October 4, 2016 meeting.
ADJOURNMENT:
At 11:59 P.M., Mayor Dyda adjourned the meeting.
Attest:
Acting City Clerk
W:\City Council Minutes\2016\20160920 DRAFT CC MINS with Study Session.docx
Mayor
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