RPVCCA_CC_DM_2014_04_01_B_20140304_CC_MINS_DRAFTDraft City Council Minutes
March 4, 2014
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DRAFT
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
MARCH 4, 2014
The meeting was called to order at 6:00 P.M. by Mayor Duhovic at Fred Hesse
Community Park, 29301 Hawthorne Boulevard, and was immediately recessed into
Closed Session. The meeting reconvened at 7:08 P.M.
City Council roll call was answered as follows:
PRESENT: Brooks, Campbell, Knight, Misetich and Mayor Duhovic
ABSENT: None
Also present were Carolynn Petru, Acting City Manager; Carol Lynch, City Attorney;
Dennis McLean, Director of Finance/Information Technology (IT); Joel Rojas,
Community Development Director; Michael Throne, Director of Public Works; Cory
Lindor, Director of Recreation and Parks; Kathryn Downs, Deputy Director of
Finance/IT; Sean Robinson, Human Resources Manager; Eduardo Schonborn, Senior
Planner; Leza Mikhail, Associate Planner; Kit Fox, Senior Administrative Analyst; and,
Carla Morreale, City Clerk.
FLAG SALUTE:
The Flag Salute was led by Girl Scout Troop No. 3675, from St. John Fisher School.
MAYOR’S ANNOUNCEMENTS:
None.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
Mayor Duhovic announced Recyclers of the Month from the February 18, 2014 City
Council meeting: Mary Hashan and George Walker. 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, the two individuals had also won a Personal Emergency
Preparedness Kit from the City at a value of $60.00.
APPROVAL OF THE AGENDA:
Councilman Misetich moved, seconded by Councilwoman Brooks, to approve the
agenda, as presented.
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Without objection, Mayor Duhovic so ordered.
PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda)
Jim Parker, Vice President, Skate Park PV, Palos Verdes, requested advocates for a
skate park in the audience stand to be recognized, shared several video clips from the
organization’s website and reported the following: there is great support for a skate park
on the Peninsula; there is much open space on the Peninsula, but there is no legal
place to skateboard; there is room available at the RPV Civic Center to accommodate a
skate park; and, requested that an item regarding a skate park be agendized for a City
Council Study Session.
The following additional people, representing Skate Park PV, spoke in support of a
skate park facility on the Palos Verdes Peninsula: Brandon Yavas, Rancho Palos
Verdes; Laurie Gray, Rancho Palos Verdes; Chris Strong, Palos Verdes Estates;
Marcus Guerrero, Rolling Hills Estates; Cody M., Rolling Hills; Joe Jennings, Palos
Verdes Estates; Alex Gray, Rancho Palos Verdes; and, Luke Madden, Palos Verdes
Estates.
Carol Mueller, Rancho Palos Verdes, stated that the curbs and streets in front of her
house have been marked for Cal Water Service to relocate an overflow and pressure
reduction valve to her property. She added that she was unable to obtain any
information other than a copy of the permit for the work to be done.
Noel Weiss, Marina del Rey, provided a handout and stated he had concerns regarding
the potential for groundwater contamination and other safety risks associated with
hydraulic fracturing and the Rancho LPG Tank facility.
Carol Moeller, RPV Residents for Fair Elections, Rancho Palos Verdes, stated she was
present to ask the Council to adopt a resolution urging the US Congress to amend the
Constitution to allow federal, state and local governments to limit spending on elections.
CITY MANAGER REPORT:
Acting City Manager Petru reported that for the first time in 30 years, the City had to
cancel the Whale of a Day event due to inclement weather, and announced that the
Whale of a Day event has been rescheduled for Saturday, April 5, 2014.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that there was one request to speak regarding Item H
(Final Vesting Parcel Map No. 69928).
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Councilwoman Brooks moved, seconded by Councilman Misetich, to approve the
Consent Calendar, with Item No. H (Final Vesting Parcel Map No. 69928) 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, Campbell, Knight, Misetich and Mayor Duhovic
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 February 4, 2014 Regular Meeting and February 10, 2014
Adjourned Regular Meeting.
Award Construction and Construction Management/Inspection Services
Contracts for the Blackhorse CDBG Access Ramps – ADA Compliance Project –
Phase II (Supports 2014 City Council Goal #2, Public Infrastructure – Citywide
Street Maintenance)
1) Approved the construction plans and contract documents, on file in the Department of
Public Works, for the Blackhorse Road CDBG Access Ramps - ADA Compliance
Project – Phase II; 2) Awarded a construction contract to RG General Engineering in the
amount of $27,632 for the project; 3) Approved the first amendment to the on-call
engineering services agreement with Merit Civil Engineering which requires that
prevailing wages be paid; 4) Authorized staff to utilize an additional 10% ($4,000) for
contingency; and, 5) Authorized the Mayor and City Clerk to execute the agreements.
Register of Demands
ADOPTED RESOLUTION NO. 2014-10, 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.
January 2014 Monthly Report of Cash Balances
Received and filed the January 2014 Monthly Report of Cash Balances for the City of
Rancho Palos Verdes.
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FY13-14 Midyear Financial Report
1) Received and filed the FY13-14 Midyear Financial Report; and, 2) ADOPTED
RESOLUTION NO. 2014-11, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2013-43, THE
BUDGET APPROPRIATION FOR FY13-14, TO ADJUST THE BUDGET IN VARIOUS
FUNDS OF THE CITY.
Notice of Completion for the FY 2011-12 Areas 3 and 5 Residential Streets
Improvement Project - Phase II (Supports 2014 City Council Goal #2, Public
Infrastructure – Citywide Street Maintenance)
1) Accepted the work as complete; 2) Authorized the City Clerk to file a Notice of
Completion with the L.A. County Registrar-Recorder Office and if no claims are filed
within 35 days after recordation, and upon the contractor posting an acceptable
warranty bond, notice the surety company to exonerate the Performance bond; and,
3) Authorized the Director of Public Works to release the 5% retention payment in the
amount of $64,786.63 to VSS International, Inc. 35 days after recordation of the Notice
of Completion by the L.A. County Recorder contingent upon no claims being filed on the
project, and the contractor posting an acceptable warranty bond.
Final Vesting Parcel Map No. 69928 (Applicant: Dana Ireland; Location: 32639
Nantasket Drive)
This item was removed from the Consent Calendar for separate consideration.
# # # # # #
ITEM(S) REMOVED FROM THE CONSENT CALENDAR:
Final Vesting Parcel Map No. 69928 (Applicant: Dana Ireland; Location: 32639
Nantasket Drive)
City Clerk Morreale reported that there was one request to speak regarding this item.
Bob Nelson, Sea Bluff Homeowners Association, Rancho Palos Verdes, stated that the
proposed project with 26-foot tall homes located 10 feet from the sidewalk, which is
currently known as the Wildflower Trail. He added that the project will obliterate views
from three residences and from the Wildflower Trail and that the project will change the
look of the neighborhood.
Sam Celly, Rancho Palos Verdes, stated that when a project has been approved by the
City Council or Planning Commission, it is not fair to the applicant and property owner,
or constitutional, for the project to be revisited again.
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Senior Planner Schonborn provided a brief report regarding this item.
City Attorney Lynch stated that the approval of the Final Vesting Parcel Map was a
ministerial act, once the developer completes all of the conditions of approval. She
added that there were two additional actions for Council’s consideration: 1) Subdivision
Improvement Agreement to put in the necessary improvements for the development,
including curb cuts and utilities; and, 2) The vacation of a remnant street easement at
the end of the property that has never been used by the City.
Discussion ensued among Council Members and staff.
Mayor Duhovic moved, seconded by Councilman Campbell, to: 1) ADOPT
RESOLUTION NO. 2014-12, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, VACATING THE UNUSED EASEMENT FOR STREET
AND PUBLIC ACCESS PURPOSES THAT TRAVERSE THE PROPERTY; 2) Authorize
the Mayor and City Clerk to execute a Subdivision Improvement Agreement; and,
3) Approve Final Vesting Parcel Map No. 69928.
The motion passed on the following roll call vote:
AYES: Campbell, Knight, Misetich and Mayor Duhovic
NOES: None
ABSENT: None
ABSTAIN: Brooks
REGULAR BUSINESS:
Appointments to the Planning Commission
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting, provided a brief report regarding this item, and distributed ballots for Council’s
use.
After one round of ballots the following four members were appointed 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, or until a successor is appointed: Dave
Emenhiser, Gordon Leon, John Cruikshank, and William James.
Coastal Specific Plan Implementation
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there were three requests to speak regarding this item.
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Community Development Director Rojas provided a staff report regarding the Coastal
Specific Plan (CSP), which included a historical overview of the CSP and a detailed
explanation regarding visual corridors.
Edward Stevens, Rancho Palos Verdes, stated that he had concerns regarding the
gradual reduction of the beautiful ocean views along the 7½ miles of City coastline.
Sharon Yarber, Rancho Palos Verdes, stated that the Council should ask questions
initially so that the public is informed; and stated the Council should consider whether
there should be more specific guidelines provided to staff regarding the interpretation
and application of the CSP. She added that there was too much ambiguity regarding
the location of the viewing station and there should be tighter boundaries on that
discretion for purposes of clarity.
Lenee Bilski, Rancho Palos Verdes, stated that the CSP names Palos Verdes Drive
West and Palos Verdes Drive South as view corridors, which are primarily used by
passenger vehicles and pedestrians. She provided comments regarding visual
corridors, visual focal points, and vistas, and the fog line, which is the white line on the
right also known as the bike lane. She opined that the viewing station should be at the
height of 3-feet above the fog line, as that is the most consistent place from which to
measure.
Sam Celly, Rancho Palos Verdes, stated that Community Development Director Rojas’s
understanding, experience and knowledge of the rules of the Coastal Specific Plan is
probably the best in the room and to the fairest amount possible the rule is subject to
interpretation, the job is well done. He provided comments regarding public policy and
the rights of the property owners. He noted that there must be a balance between the
fundamental rights of the property owner to build a home on their property and those
who drive by to a protected view of the ocean.
Discussion ensued among Council Members, staff, and City Attorney Lynch.
Mayor Pro Tem Knight moved to direct staff to review the CSP to analyze guidelines
used as viewing stations and return with language recommendations to support the
ultimate goal of protecting coastal views, with the inclusion of all input submitted for
consideration.
Councilwoman Brooks offered an amendment to include the viewing station as 3-feet
above the fog line as suggested, acknowledging that there will be exceptions; and the
ramifications of the viewing corridor and vista corridor with clarification, with a date
specified to return to Council.
Discussion continued among Council Members, staff, and City Attorney Lynch.
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Mayor Pro Tem Knight moved, seconded by Councilwoman Brooks, to: Direct staff to
review the Coastal Specific Plan to analyze guidelines used for viewing stations and
return with policies to support the ultimate goal of protecting coastal views, with the
inclusion of all input submitted for consideration.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, Misetich and Mayor Duhovic
NOES: None
ABSENT: None
RECESS AND RECONVENE:
Mayor Duhovic called a brief recess from 9:08 P.M. to 9:21 P.M.
City Council Consideration whether to Appeal the Planning Commission’s
Decision related to a Project located at 3344 Palos Verdes Drive West (Case No.
ZON2012-00141)
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there were 8 requests to speak regarding this item.
Associate Planner Mikhail provided a staff report and PowerPoint presentation
regarding this item.
Discussion ensued among Council Members, staff, and City Attorney Lynch.
Louie Tomaro, AIA, Tomaro Architecture, provided a brief recap of his work with this
project over the past two years. He noted that there was originally a structure at the site
with trees and landscaping which was removed, and once that home and landscaping
was removed it resulted in an open vista. He added that because of that open vista the
Coastal Commission required the applicant to prepare a plan that was reasonable to
preserve the view, resulting in a plan to provide a view of the horizon over the top of the
applicant’s house. He noted that the Coastal Commission agreed with the City’s
findings that further grading on the lot was unfeasible, since bedrock was located
directly below the immediate grade. Mr. Tomaro noted that there was not one single
family residence on the seaward side along Palos Verdes Drive that meets the 2 degree
down arc; and concluded that the new residence will not block the view of southbound
traffic, although view obstruction does occur from one of the nearby residences, and
there was no view obstruction from the northbound lanes.
Shamita Khosla, property owner, stated that the process over two years has been a
very long one and she and her husband are concerned that they will not be able to raise
their family in the home due to the long process. She added that the previous home at
the site obstructed more of the view then the proposed project; noted they are
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requesting to build on a buildable lot and the project has been approved; and, reported
they have cooperated with City staff, the Planning Commission, and Coastal
Commission.
Bob Nelson, Planning Commissioner, Rancho Palos Verdes, stated that the Planning
Commission approved this project three times, and the Coastal Commission approved it
once de novo, and he continued to support the approval of the project.
Lenee Bilski, Rancho Palos Verdes, provided comments regarding vistas, views, and
the Coastal Specific Plan, which states that a function of Palos Verdes Drive is as the
primary visual corridor accessible to the greatest number of viewers. She reported that
the proposed project was revised by the applicant when the Coastal Commission
appealed the project; noted that after Coastal Commission approval, the Planning
Commission reviewed the revised project; and provided information regarding the
viewing station for this project as the location of the City’s Coastal Trail; and provided
comments regarding visual aspects and the vista from the project; and stated the history
of the project was that it was originally noticed as a non-appealable project.
Council discussion continued among Council Members, staff, and City Attorney Lynch.
Councilwoman Brooks moved, seconded by Mayor Duhovic, to continue the meeting
until 11:00 P.M. to consider new business.
Without objection, Mayor Duhovic so ordered.
Sam Celly, Rancho Palos Verdes, commented on the process and inquired if the project
is actually appealable. He opined that the project looks beautiful and questioned the
process since the owner has spent time, effort and money to build his home.
Raju Chhabia, stated that he sold this property to the owners and never anticipated
there would be so many issues regarding the proposed project.
Dr. Kirti Celly, Rancho Palos Verdes, stated that she was in support of the project as it
has already been approved by the Planning Commission and Coastal Commission.
Minas Yerelian, Rancho Palos Verdes, stated that the height of the house should be
lowered, and the project should be lowered if, upon excavation, bedrock is not
encountered.
Dave Emenhiser, Planning Commission Chair, stated that he was present to speak
regarding the majority vote of the Planning Commission. He noted the Planning
Commission found the home compatible with the neighborhood; there would not be a
significant impact on the views for the neighbors on the other side of Palos Verdes Drive
West, with the approval of the project. He stated that he personally had concerns
regarding the following: 1) the view impact for the general public; 2) the possibility of
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setting a precedent for approvals of additional taller single family residences along
Palos Verdes Drive West in the future; and, 3) the height of the structure, which was
ultimately approved at a lower height by the Coastal Commission.
Councilwoman Brooks moved, seconded by Councilman Misetich, to not appeal the
Planning Commission's February 11, 2014 decision to conditionally approve Site Plan
Review and Grading Permit applications related to a proposed new residence located at
3344 Palos Verdes Drive West.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, Misetich and Mayor Duhovic
NOES: None
ABSENT: None
Councilman Campbell left the meeting at 10:38 P.M.
Matrix Report Status Update
Councilwoman Brooks moved, seconded by Mayor Duhovic, to move this item to a
future Council meeting.
Without objection, Mayor Duhovic so ordered.
Review of City Council Policy No. 29 (Federal and State Legislative Activities of
the City Council)
City Clerk Morreale reported that there was one request to speak regarding this item.
Senior Administrative Analyst Fox provided a brief staff report regarding this item.
Discussion ensued among Council Members and staff.
Noel Weiss, Marina del Rey, stated that he wanted to make sure this policy did not
preclude the Council’s consideration of matters of concern regarding other cities.
Councilman Misetich moved, seconded by Councilwoman Brooks, to review and
approve Staff’s proposed revisions, as amended, to City Council Policy No. 29.
Without objection, Mayor Duhovic so ordered.
Reestablishment Agreement for City’s Consolidated Loan to the Former
Redevelopment Agency
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Councilwoman Brooks moved, seconded by Councilman Misetich, to waive the staff
report.
Without objection, Mayor Duhovic so ordered.
Councilwoman Brooks moved, seconded by Councilman Misetich, to: ADOPT
RESOLUTION NO. 2014-13, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, APPROVING THE EXECUTION OF A
REESTABLISHMENT AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE
RANCHO PALOS VERDES REDEVELOPMENT AGENCY AND THE CITY.
The motion passed on the following roll call vote:
AYES: Brooks, Knight, Misetich and Mayor Duhovic
NOES: None
ABSENT: Campbell
Update on the City Manager Recruitment
Human Resources Manager Robinson provided a brief staff report regarding this item.
Discussion ensued among Council Members and staff.
Councilwoman Brooks moved, seconded by Mayor Pro Tem Knight, to receive and file
the list of Statement of Qualifications and Proposals submitted by the executive
recruiting firms to conduct the City Manager recruitment.
Without objection, Mayor Duhovic so ordered.
City Council Policy regarding Disclosure of City Council Members’ Emails and
other Correspondence Solely in the Possession of City Council Members in
Response to Public Records Act Requests
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding this item.
City Attorney Lynch reported that the late correspondence included a slight revision to
the policy to clarify that if an email is addressed to a Council Member’s personal email
and is not copied to the Council Members’ City Council email address, and the Council
Member replies to the email using his/her personal email, then that reply would not be
provided to the City Attorney’s Office for review, and would only show up later if it was
redistributed to a City email address in which case it would be picked up on the City
server. She provided information regarding the following court cases regarding Public
Records Act requests: 1) City of Tracy v. Lawrence Livermore Labs; and, 2) Smith v.
City of San Jose, a current case before the Appeal Court.
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Discussion ensued among Council Members.
Councilwoman Brooks moved, seconded by Councilman Misetich, to approve the City
Council Policy, as amended, with the revised policy.
Without objection, Mayor Duhovic so ordered.
FUTURE AGENDA ITEMS:
Traffic Control at Miraleste Intermediate School Intersection (Duhovic).
Acting City Manager stated that she would address the traffic control issue with Lomita
Sheriff’s Station Capt. Bolin.
Skate Park Proposal at Point Vicente Park/Civic Center (Duhovic).
Mayor Duhovic moved, seconded by Councilwoman Brooks, to continue the meeting in
order to allow for the Council to provide their City Council Oral Reports.
Without objection, Mayor Duhovic so ordered.
CITY COUNCIL ORAL REPORTS:
Each Council Member reported on his/her attendance at various organization and
association meetings since the last City Council Oral Reports were provided on
February 18, 2014. Councilman Misetich reported that he would submit his report in
writing.
CLOSED SESSION REPORT:
City Attorney Lynch reported that with respect to the Existing Litigation of the
Nakamura, et al. v. Southern California Edison case, a report was provided with
unanimous direction given to the City Attorney, with all Council Members present.
ADJOURNMENT:
At 11:17 P.M., Mayor Duhovic adjourned the meeting.
___________________
Mayor
Attest:
___________________
City Clerk
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