RPVCCA_CC_DM_2015_03_03_B_20150203_CC_MINS_REG_DRAFTDRAFT
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
FEBRUARY 3, 2015
The meeting was called to order at 7:44 P.M. by Mayor Knight at Fred Hesse
Community Park, 29301 Hawthorne Boulevard.
City Council roll call was answered as follows:
PRESENT: Brooks, Duhovic, Misetich, and Mayor Knight
ABSENT: Campbell (excused)
Also present were Carolynn Petru, Acting City Manager; Carol Lynch, City Attorney;
Joel Rojas, Community Development Director; Michael Throne, Director of Public
Works; Cory Linder, Director of Recreation and Parks; Kathryn Downs, Acting Director
of Finance; Leza Mikhail, Associate Planner; Sean Robinson, Human Resources
Manager; Dan Landon, Information Technology Manager; Kit Fox, Senior Administrative
Analyst; and, Carla Morreale, City Clerk.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Councilman Duhovic.
CEREMONIAL:
Mayor Knight recognized Bob Douglas for his many years of service to the City and the
Abalone Cove neighborhood by serving on the Abalone Cove Landslide Abatement
District Board since 1996 and presented him with Certificate of Appreciation.
MAYOR'S ANNOUNCEMENTS:
Mayor Knight invited Mayor Pro Tem Brooks to comment on recent changes to the
McTaggart Memorial Hall and Council Chambers.
Mayor Pro Tem Brooks reported on the recent remodel of McTaggart Memorial Hall and
Council Chambers, and noted that a number of items are still to be completed. She
thanked the staff members involved in the renovation and thanked the City Council for
their support of the improvement project.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
Draft City Council Minutes
February 3, 2015
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Mayor Knight announced Recyclers of the Month from the January 6, 2015 City Council
meeting: Herschel G. Owens and Helen Andrews. 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.
Mayor Knight announced Recyclers of the Month from the January 20, 2015 City
Council meeting: Evelyne Berman and Ivan Stevenson. 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, Ms. Berman and Mr. Stevenson had also won a Personal
Emergency Preparedness Kit from the City at a value of $60.00.
APPROVAL OF THE AGENDA:
Mayor Pro Tem Brooks suggested that Item No. 2 (Appointments to the Finance
Advisory Committee) be moved up on the agenda to be the first item of regular business
after the Consent Calendar.
Councilman Duhovic suggested that Item No. 5 (Contract with new City Manager) be
considered immediately after Item No. 2.
Mayor Pro Tem Brooks moved, seconded by Councilman Misetich, to approve the
agenda, as amended, with Item No. 2 (Appointments to the Finance Advisory
Committee) and Item No. 5 (Contract with new City Manager) to be considered
immediately after the Consent Calendar
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)
Bob Nelson, Rancho Palos Verdes, urged the City Council to explore participation in the
World Special Olympic Games which is being hosted in Los Angeles this summer.
Laura Walters, Gardena, Los Angeles County Fire Department, reminded residents of
the need to regularly test smoke detectors; and noted the importance of making sure
that flammable items are at least 3 feet from fireplaces or space heaters, and fires are
extinguished and space heaters turned off when leaving a room. She added that
sandbags were available at every Los Angeles County Fire Station.
CITY MANAGER REPORT:
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February 3, 2015
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Acting City Manager Petru thanked specific staff members involved in the recent
renovations of McTaggart Memorial Hall and Council Chambers, noting it was a real
team effort. She provided comments regarding the new wireless speaker timer in the
Council Chambers to assist the speaker with visual and auditory cues while keeping the
Council informed as to the countdown of the speaker's time.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that late correspondence regarding Item G (Palos Verdes
Nature Preserve — Recordation of Deed Restrictions Pursuant to the Habitat
Conservation Fund Grant) and there were requests to speak regarding Item G and Item
K (Authorization to Use the City's View Restoration Mediator to Assist with an Appeal of
Fence/Wall Permit Decisions - Project Address: 29023 Sprucegrove Drive; Applicant:
Mr. & Mrs. Hesser/ Appellant: Mr. & Mrs. Shahbazian).
Councilman Duhovic requested that Item G be removed from the Consent Calendar for
separate consideration.
Mayor Pro Tem Brooks moved, seconded by Councilman Misetich, to approve the
Consent Calendar, with Item G (Palos Verdes Nature Preserve — Recordation of Deed
Restrictions Pursuant to the Habitat Conservation Fund Grant) and Item K
(Authorization to Use the City's View Restoration Mediator to Assist with an Appeal of
Fence/Wall Permit Decisions - Project Address: 29023 Sprucegrove Drive) removed
from the Consent Calendar and to be heard immediately after the Consent Calendar.
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
Approved the Minutes of the December 11, 2014 Special Meeting; December 16, 2014
Regular Meeting; January 6, 2015 Regular Meeting; January 13, 2015 Special Meeting;
January 18, 2015 Special Meeting; January 20, 2015 Regular Meeting; and, January
27, 2015 Special Meeting.
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February 3, 2015
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Border Issues Status Report
Received and filed the current report on the status of Border Issues.
Register of Demands
ADOPTED RESOLUTION NO. 2015-06, 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.
November 2014 Monthly Report of Cash Balances
Received and filed the November 2014 Monthly Report of Cash Balances for the City of
Rancho Palos Verdes.
December 2014 Monthly Report of Cash Balances
Received and filed the December 2014 Monthly Report of Cash Balances for the City of
Rancho Palos Verdes.
Palos Verdes Nature Preserve — Recordation of Deed Restrictions Pursuant to the
Habitat Conservation Fund Grant (Supports 2014 City Council Goals — Trail
System Enhancement and Citizen Involvement & Public Outreach)
This item was removed from the Consent Calendar for separate consideration.
Household Hazardous and Electronic Waste Collection Program Site Liability
Agreement with County of Los Angeles
Authorized the Mayor and City Clerk to execute the attached Household Hazardous and
Electronic Waste Collection Program Site Liability Agreement with the County of Los
Angeles and County Sanitation District No. 2 of Los Angeles County.
Traffic Safety Committee Work Plan
Approved the attached 2015-16 Work Plan for the Traffic Safety Committee (TSC).
Vehicle Procurement
Authorized the Director of Public Works to execute a purchase contract with National
Auto Fleet Group in the amount of $36,391.47 for the purchase of one 2015 Ford Super
Duty F350 DRW, 4WD Crew Cab 172" XL.
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February 3, 2015
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Authorization to Use the City's View Restoration Mediator to Assist with an
Appeal of Fence/Wall Permit Decisions (Case Nos. ZON2014-00202 & ZON2014-
00415); Project Address — 29023 Sprucegrove Drive; Applicant: Mr. & Mrs. Hesser/
Appellant: Mr. & Mrs. Shahbazian
This item was removed from the Consent Calendar for separate consideration.
ITEM(S) REMOVED FROM THE CONSENT CALENDAR:
Palos Verdes Nature Preserve — Recordation of Deed Restrictions Pursuant to the
Habitat Conservation Fund Grant (Supports 2014 City Council Goals — Trail
System Enhancement and Citizen Involvement & Public Outreach)
City Clerk Morreale reported that Councilman Duhovic requested this item be removed
from the Consent Calendar and there was one request to speak regarding this item.
Andrea Vona, Executive Director, Palos Verdes Peninsula Land Conservancy (PVPLC),
stated that she was present to answer any questions of the Council.
Councilman Duhovic inquired as to the differences between the current restrictions on
the Preserve property and the proposed Deed Restrictions as they relate to the Habitat
Conservation Fund Grant.
Community Development Director Rojas and City Attorney Lynch explained the
differences, noting that the deed restrictions do not restrict the City from performing any
work that might be necessary on its properties due to landslide issues, and which is
consistent with the Natural Community Conservation Planning (NCCP). Community
Development Director Rojas added that the deed restriction is that the property has to
be used for recreational purposes for 20 years, whereas the conservation easement on
the properties prohibit all development activity into perpetuity. City Attorney Lynch
reiterated that the deed restrictions actually enhance public access where the trails and
trail markers are placed.
Discussion ensued among Council Members and staff.
Mayor Pro Tem Brooks moved, seconded by Councilman Misetich, to: Authorize the
Community Development Director to sign and record Deed Restrictions on the
properties that make up the Palos Verdes Nature Preserve as required by the California
Department of Parks and Recreation for the 2012 Habitat Conservation Fund grant
awarded to City for trail improvements and habitat restoration.
The motion passed on the following roll call vote:
Draft City Council Minutes
February 3, 2015
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OMAR
AYES: Brooks, Duhovic, Misetich, and Mayor Knight
NOES: None
ABSENT: Campbell
Authorization to Use the City's View Restoration Mediator to Assist with an
Appeal of Fence/Wall Permit Decisions (Case Nos. ZON2014-00202 & ZON2014-
00415); Project Address — 29023 Sprucegrove Drive; Applicant: Mr. & Mrs. Hesser/
Appellant: Mr. & Mrs. Shahbazian
City Clerk Morreale reported that there were three requests to speak regarding this
item.
Cyrus Shahbazian, stated that there have been conflicts with their next door neighbor
regarding the height of a fence and provided a recap of the issues. He noted that one
of the primary attractions of Rancho Palos Verdes is the views, noting the Municipal
Code addresses the protection of views and balancing the need for privacy with that of
the right to a view.
Vicky Shahbazian, stated that the Shahbazian's were willing to mediate and work out a
compromise in this matter in order to preserve their view as well as have the Hesser's
view preserved while the Hesser's obtain some privacy. Ms. Shahbazian noted that
they were always willing to be open to a compromise.
Hossein Shahbazian, stated that they have lost their view and fence since the staff did
not follow the City ordinances regarding the views.
Mayor Pro Tem Brooks moved, seconded by Councilman Duhovic, to approve the staff
recommendation to: Take no action to amend the View Restoration Mediator's contract
as both parties involved with this matter believe that mediation would not be beneficial,
thereby allowing the Planning Commission to continue with its consideration of the
Fence/Wall Permit application appeal.
The motion passed on the following roll call vote:
AYES: Brooks, Duhovic, Misetich, and Mayor Knight
NOES: None
ABSENT: Campbell
REGULAR BUSINESS:
Appointments to the Finance Advisory Committee
Mayor Knight suggested that this item be continued to the February 17, 2015 Council
meeting, so that Councilman Campbell would have the opportunity to conduct
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February 3, 2015
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interviews of the applicants and participate in the selection of the Finance Advisory
Committee members.
Discussion ensued among Council Members.
Mayor Pro Tem Brooks moved, seconded by Councilman Misetich, to continue this item
to the February 17, 2015 Council meeting, so that Councilman Campbell would have
the opportunity to conduct interviews of the applicants and participate in the selection of
the Finance Advisory Committee members.
The motion passed on the following roll call vote:
AYES: Brooks, Duhovic, Misetich, and Mayor Knight
NOES: None
ABSENT: Campbell
Contract with New City Manager
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding this item.
City Attorney Lynch provided a brief staff report regarding this item. She read into the
record the following clarification to the agreement, suggested by Councilman Duhovic:
"Section 2 (B) Nothing in this Agreement shall prevent, limit or otherwise interfere with
the right of the COUNCIL to terminate the services of EMPLOYEE at any time for
cause, or without cause upon ninety (90) days advance written notice, subject only to
the provisions set forth in Section 4, paragraphs A, B and D of this Agreement." She
noted that Mr. Willmore was present and had advised her that he was prepared to
execute the agreement.
Douglas Willmore, new City Manager, stated he was pleased to be joining the City
soon. He noted he was looking forward to meeting the residents, becoming a part
of the community, and making government accessible to as many residents as
possible.
Councilman Duhovic moved, seconded by Mayor Pro Tem Brooks, to approve the
contract with the new City Manager.
The motion passed on the following roll call vote:
AYES: Brooks, Duhovic, Misetich, and Mayor Knight
NOES: None
ABSENT: Campbell
RECESS AND RECONVENE:
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February 3, 2015
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Mayor Knight called a brief recess from 8:39 P.M. to 8:51 P.M.
REORDER OF THE AGENDA:
Mayor Knight suggested that the Council consider Item No. 4 (Review of Draft City
Council Policy — Designation of Qualified Historic Buildings or Properties) at this time
since it was anticipated to be a short item.
Mayor Pro Tem Brooks moved, seconded by Councilman Duhovic, to reorder the
agenda to consider Item No. 4 (Review of Draft City Council Policy — Designation of
Qualified Historic Buildings or Properties) at this time.
Without objection, Mayor Knight so ordered.
Review of Draft City Council Policy (Designation of Qualified Historic Buildings or
Properties)
Senior Administrative Analyst Fox provided a brief staff report regarding this item.
Discussion ensued among Council Members, staff, and City Attorney Lynch.
Councilman Duhovic recommended that "Resources" as noted in the document should
be defined as qualified historic buildings or properties.
Discussion ensued among Council Members, staff, and City Attorney Lynch.
Mayor Pro Tem Brooks moved, seconded by Councilman Duhovic, to approve the staff
recommendation to: Approve the proposed City Council Policy, as amended, via Minute
Order.
The motion passed on the following roll call vote:
AYES: Brooks, Duhovic, Misetich, and Mayor Knight
NOES: None
ABSENT: Campbell
PUBLIC HEARINGS:
Appeal of Planning Commission's Denial of a Height Variation, Grading Permit
and Site Plan Review for a Proposed First and Second Story Addition to the
Existing Residence Located at 6321 Villa Rosa (Case No. ZON2014-00064)
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City Clerk Morreale reported that this public hearing was continued from December 16,
2014, late correspondence was distributed prior to the meeting, and there were 10
requests to speak regarding this item.
Mayor Knight noted that since this public hearing had been considered in December
and due to the number of requests to speak, he would limit each speaker's time to two
minutes.
Associate Planner Mikhail provided a staff report regarding this item.
Mayor Knight noted that there was a correction to be made that there was a reduction
from four balconies to one balcony.
Sam Hassan, owner/appellant, Rancho Palos Verdes, stated that he appreciated
Council and staff time in reviewing their proposed addition, which has been through
multiple redesigns including the reduction of square footage to protect privacy and
maintain the view lines designated by the City. He noted that his engineer has taken all
of the comments from the last meeting and incorporated the changes in the new revised
plan; and he and his family were motivated to begin the project.
Wilfrido Rodriguez, architect/engineer, Rancho Palos Verdes, provided an overview of
the proposed single family residence project. He noted that during the course of the
project, the proposed plans were redesigned to reduce the bulk and mass of the
structure, incorporating architectural considerations of the neighborhood; reduce
building and roof height to protect views; and eliminate square footage of both floors,
with windows modified and balconies reduced from four to one to protect the privacy of
neighboring structures. He summarized that the comments provided by Council in
December were incorporated into the revised plans to reduce the square footage an
additional 265 square feet; reduce the number of balconies to one; increase the east
side yard setback to 11.7 feet; and move the HVAC unit from the side yard to the rear of
the property.
Ray Nuber, Rancho Palos Verdes, commented on his involvement in community
activities for years, noting he was one of more than 60 residents who is opposed to the
proposed project. He opined that the plans are not compatible with the neighborhood
character and have not reduced the view impacts to a level of insignificance. He stated
the proposed project is large and there are concerns with the height which could be
addressed with the design of a split level style home.
Vincent Liu, Rancho Palos Verdes, stated he has lived in and been involved in the
community for years. He noted he has reviewed the design and expressed his support
for a single story design proposed by Mr. Yamada as this design would meet the City
standard in total allowable square footage and eliminate concerns expressed by the
neighbors regarding a height variation.
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February 3, 2015
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AWO
David Hoenish, Rancho Palos Verdes, stated in support of reversal of the City Council's
decision on December 16, 2014, to allow for the expansion of the proposed addition to
the residence. He added that the residents in the area are opposed to the proposed
project, which he opined was in direct conflict with Proposition M, which was passed to
protect the views of the residents and not allow mansionization.
Jeffrey Lewis, counsel for the Hamilton, Carado and Sheh families, Rancho Palos
Verdes, stated if the proposed project was approved it would increase the ability for
additional homes through the neighborhood compatibility process to qualify for a second
story larger home. He commented on the necessary findings that Council would need
to make regarding no cumulative view impairment and neighborhood compatibility.
Kevin Hamilton, Rancho Palos Verdes, provided comments regarding his involvement
with the City and community. He noted that he and Mr. Hassan have met on several
occasions to discuss the proposed project and expressed his opinion that the
neighborhood would look more favorably on a single story addition even if it required a
lot coverage variance. He opined that there are significant cumulative view impacts
based on his quantitative analysis of the issue.
William Sheh, Rancho Palos Verdes, stated his home is next door to the proposed
project and commented on his desire to raise his family in this wonderful community
with wide open space and excellent schools. He added this was not the neighborhood
for a two-story house, noting he has improved his home but maintained the exterior
which is modest and in character with the neighborhood. He added that 60 people in
the neighborhood are in opposition to the two-story proposed project and encouraged
the Council to uphold the Planning Commission denial of the project.
Akemichi Yamada, Rancho Palos Verdes, stated that he recommended a single -story
design for the proposed project, allowing for a 3,000 square foot home by utilizing a lot
coverage variance and pointed out other homes in the neighborhood which were
increased in size using a single -story design. He encouraged the use of a single -story
design which would eliminate problems of compatibility, bulky appearance, blocked
views and privacy issues.
Steve Nash, Rancho Palos Verdes, stated he was a real estate appraiser for 34 years
and commented on homes which generally do not conform to neighborhood
compatibility and the impact on other home values. He noted that the proposed project
would have a negative impact on values due to the design and he encouraged the
Council to accept the findings of the Planning Commission.
Wilfrido Rodriguez, in rebuttal for the appellant, stated that they have tried to address
the concerns of the neighbors by redesigning the proposed project multiple times to
reduce the size of the project and address neighborhood compatibility and concerns
regarding the height, architectural design, view and privacy impacts, and the bulk and
mass of the home.
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February 3, 2015
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Discussion ensued among Council Members, staff, and City Attorney Lynch.
Mayor Pro Tem Brooks moved to approve the appeal of the application with the
changes as noted by staff regarding the reduction in balconies to be made on the plans.
Associate Planner Mikhail read into the record the following changes to the resolution:
In the second to last Whereas, there was the addition of a fifth element to read "5) the
HVAC system was relocated from the west side yard to the rear yard;" with a condition
of approval to memorialize the relocation of the HVAC system which reads "Pursuant to
the plans approved by the City Council, the HVAC mechanical equipment shall be
relocated from the west side yard to the rear yard of the property."
Mayor Knight declared the Public Hearing closed.
Mayor Pro Tem Brooks moved, seconded by Councilman Duhovic, to approve the
appeal of the application, with the changes noted by staff, and recommendation to:
ADOPT RESOLUTION NO. 2015-07, AS AMENDED, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING AN APPEAL
BY THE APPLICANT TO OVERTURN THE PLANNING COMMISSION'S DECISION,
THEREBY APPROVING A HEIGHT VARIATION, GRADING PERMIT, AND SITE PLAN
REVIEW (CASE NO. ZON2014-00064) TO ALLOW THE CONSTRUCTION OF A NEW
ONE AND TWO-STORY ADDITION TO THE RESIDENCE LOCATED AT 6321 VILLA
ROSA.
The motion passed on the following roll call vote:
AYES: Brooks, Duhovic, Misetich, and Mayor Knight
NOES: None
ABSENT: Campbell
REGULAR BUSINESS:
Classification/Compensation Study
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding this item.
Human Resources Manager Robinson provided introductory remarks regarding this
item and invited Georg Krammer, Koff and Associates to provide his presentation
regarding the Classification and Compensation Study.
Georg Krammer, Koff and Associates, provided an overview of the process used to
conduct the Classification and Compensation Study and outlined the multi -step process
including the gathering and analysis of data from comparative agencies, and outreach
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February 3, 2015
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to staff to include the completion of questionnaires, interviews of employees, and
employee review and comments regarding the draft class descriptions and class
allocations.
Discussion ensued among Council Members, Mr. Krammer, staff, and City Attorney
Lynch.
Councilman Duhovic requested analytical data be provided regarding calculations for
negotiations, with Tier 1 as a point of comparison.
Councilman Misetich moved, seconded by Mayor Pro Tem Brooks, to continue the
meeting until 11:00 P.M.
Without objection, Mayor Knight so ordered.
Councilman Duhovic moved, seconded by Mayor Pro Tem Brooks, to continue the
Classification and Compensation Study item to a Council meeting in March, with
direction to Koff and Associates to provide additional requested data in advance of the
meeting.
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 item was raised by a Council Member as a future agenda item:
Wireless Antenna Ordinance (Knight)
CITY COUNCIL ORAL REPORTS:
Mayor Knight suggested that each Council Member provide a written submittal of
his/her City Council Oral Report covering the period since the last City Council Oral
Reports were provided on November 18, 2014 to the present. He noted these reports
should be submitted to the City Clerk and they will be placed on the City's website.
CLOSED SESSION REPORT:
City Attorney Lynch reported that with respect to the Conference with Labor Negotiator,
discussion occurred and no action was taken.
ADJOURNMENT:
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At 10:47 P.M., Mayor Knight adjourned the meeting.
Attest:
City Clerk
WACity Council Minutes\2015\20150203 CC MINS DRAFT.doc
Mayor
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