CC DM 20151215 B - 20151117 CC MINS DraftDraft City Council Minutes
November 17, 2015
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DRAFT
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:
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City Council roll call was answered as follows:
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:
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PRESENT: Brooks, Duhovic, Misetich and Mayor Knight
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.
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Jeff Calvagna, Rancho Palos Verdes, provided comments regarding wireless antenna
communication systems installed illegally or under false pretenses by Crown Castle.
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.
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Approval of Minutes
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.
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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.
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 (VVOA) residents before a neutral
mediator, upon which both parties agree, to discuss a settlement; 3) to engage in an
appraisal process with VVOA; 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 (VVOA), provided
comments and a PowerPoint presentation regarding the setbacks and proposed design
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of the Pacific Terrace Mausoleum, and opined the City should revoke the permit as
Green Hills provided false information to obtain approval.
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., VVOA, 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, VVOA, 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.
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Sharon Loveys, VVOA, provided comments regarding the placement of the Pacific
Terrace Mausoleum at Green Hills Memorial Park, noting that the location of the
Mausoleum has caused her the loss of her view and property value. She added that
arbitration or mediation would occur if the VVOA 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 VVOA 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.
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Mayor Knight declared the public hearing closed.
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, t o 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
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should conduct a mail-ballot election of affected property owners, for a 10 year
extension of the storm drain user fee with the same f ee structure and methodology.
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.
___________________
Mayor
Attest:
___________________
City Clerk
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