RPVCCA_CC_DM_2013_12_17_B_20131119_DRAFT_CC_MINSDraft City Council Minutes
November 19, 2013
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DRAFT
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
NOVEMBER 19, 2013
The meeting was called to order at 6:00 P.M. by Mayor Brooks at Fred Hesse
Community Park, 29301 Hawthorne Boulevard.
RECESS TO CLOSED SESSION:
At 6:00 P.M. the meeting was recessed into Closed Session, with all Council Members
present.
RECONVENE TO REGULAR SESSION FOR A STUDY SESSION:
At 6:37 P.M., Mayor Brooks reconvened the meeting to Regular Session for a City
Council Study Session.
City Council roll call was answered as follows:
PRESENT: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks
ABSENT: None
Also present were Carolyn Lehr, City Manager; Dennis McLean, Director of
Finance/Information Technology; Joel Rojas, Community Development Director; Les
Jones, Interim Director of Public Works; Kit Fox, Senior Administrative Analyst; and,
Carla Morreale, City Clerk.
PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA FOR THE STUDY
SESSION:
City Clerk Morreale reported that there were two requests to speak on Study Session
items and that each speaker would be allowed one minute during this section of the
meeting.
Mayor Brooks suggested that the speakers be permitted to speak during the items for
which they were present to speak.
DISCUSSION TOPICS:
Review of Tentative Agendas in Light of City Council Goals, Including Questions
of Staff
Discussion ensued among Council Members, City Attorney Lynch, and staff regarding
items on the upcoming Council Meeting agendas as listed on the Tentative Agendas;
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and several items moved to different dates.
Mayor Pro Tem Duhovic moved, seconded by Councilman Misetich, to approve the
Tentative Agendas, as amended.
Without objection, Mayor Brooks so ordered.
Future Agenda Items Proposed by Council Members to be Prioritized
View Restoration Compliance at the Time of Sale and Other Considerations
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding this item.
Mayor Brooks provided an overview regarding this item.
Clara Duran Reed, Rancho Palos Verdes, provided comments regarding her
suggestions to tie building permits and/or the sale of homes to the maintenance of large
trees blocking views on a property, so that the home is in compliance with the City’s
View Ordinance.
Ann Marinovich, Rancho Palos Verdes, stated that the View Ordinance should protect
views and landscapes and requested that the ordinance be enforced to the letter of the
law. She opined that there was too much compromise and the process needed to be
changed to protect the view of homeowners, adding that when trees are trimmed they
should be carefully shaped to retain the beauty of the trees.
Councilman Misetich moved, seconded by Mayor Pro Tem Duhovic, to agendize items
regarding the restoration of views at the point of a home sale and to address issues
regarding City trees.
Without objection, Mayor Brooks so ordered.
Placement of Surveillance Cameras at City Entrances
Mayor Brooks provided a brief report regarding this item.
Mayor Brooks moved, seconded by Mayor Pro Tem Duhovic, to place an item regarding
the placement of surveillance cameras at City entrances on a future agenda.
Discussion ensued among Council Members.
Without objection, Mayor Brooks so ordered.
RECESS AND RECONVENE:
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Mayor Brooks called a brief recess from 7:04 P.M. to 7:17 P.M.
REGULAR SESSION:
City Council roll call was answered as follows:
PRESENT: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks
ABSENT: None
Also present were Carolyn Lehr, City Manager; Carol Lynch, City Attorney; Dennis
McLean, Director of Finance/Information Technology; Joel Rojas, Community
Development Director; Les Jones, Interim Director of Public Works; Kit Fox, Senior
Administrative Analyst; Abigail Harwell, Assistant Planner; and, Carla Morreale, City
Clerk.
FLAG SALUTE:
The Flag Salute was led by a representative of the Assisteens, a South Bay girls youth
service organization associated with the Assistance League .
MAYOR’S ANNOUNCEMENTS:
Mayor Brooks invited Palos Verdes Peninsula Chamber of Commerce President Eileen
Hupp to say a few words. Ms. Hupp encouraged the Peninsula residents to think “Local
First” during the upcoming holidays and to support the local businesses , restaurants,
and non-profit organizations on the Peninsula.
Mayor Brooks presented a proclamation to Executive Director Sharon Pewtress and
Father Michael Bell of The Canterbury, a certified assisted living and skilled nursing
facility in Rancho Palos Verdes, in honor of The Canterbury’s 30th Anniversary.
Mayor Brooks presented proclamations to members of the Vanderlip Family on the
occasion of the 100th Anniversary of Frank A. Vanderlip’s historic purchase of the Palos
Verdes Peninsula.
Mayor Brooks recognized the following three local men who recently passed away:
Long-time Lawndale Mayor Harold E. Hoffmann; Long-time resident and professional
basketball player John Barnhill; and, Former Rolling Hills Estates Mayor Hugh Muller.
She added that the meeting would be adjourned in their memory.
RECYCLE DRAWING:
Mayor Brooks announced Recyclers of the Month from the November 6, 2013 City
Council meeting: Mary C. Ohman and Robert Craig. She indicated that all winners
receive a check for $250 representing a year of free refuse service and urged everyon e
to participate in the City’s Recycling Program.
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APPROVAL OF THE AGENDA:
Councilwoman Campbell moved, seconded by Mayor Pro Tem Duhovic, to approve the
agenda, as presented.
The motion passed on the following roll call vote:
AYES: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks
NOES: None
ABSENT: None
PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda):
Lane Mayhew, Lomita, stated that she represents the Vista Verde Condominiums and
noted that she has concerns regarding the noise level, regular funeral activity,
construction activity, and view related issues due to the proximity of the new Pacific
Terrace Mausoleum at Green Hills Memorial Park to their condominium complex.
Noel Weiss, Marina del Rey, provided an update regarding the Rancho LPG Tank
facility and noted he had distributed a proposed resolution for the Council to consider
regarding the need for the Rancho LPG Tank facility to create a Risk Management Plan.
He added that he also distributed a section the Los Angeles City Charter to move action
forward regarding the Rancho LPG Tank facility.
CITY MANAGER REPORT:
None.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that late correspondence was distributed regarding Item G
(Budget Adjustment for Payment of Property Taxes and “Due Diligence” Review to
Accept the Donation of Vacant Property in the Cherry Hill Lane Area) prior to the
meeting and there were no requests to speak regarding .
Councilman Misetich moved, seconded by Councilman Knight, to approve the Consent
Calendar, as presented. Councilman Knight noted that he would abstain regarding Item
F (Adoption of Ordinance No. 550 – Term of Office and Term Limits for Planning
Commissioners).
The motion passed on the following roll call vote:
AYES: Campbell, Duhovic, Knight*, Misetich, and Mayor Brooks
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NOES: None
ABSENT: None
ABSTAIN: Knight*
*Councilman Knight abstained regarding Item F.
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 October 29, 2013 Special City Council Meeting.
Approval of Catch Basin Maintenance Agreement (Supports 2013 City Council
Goal 4 - Public Infrastructure)
1) Approved a Maintenance Agreement between the City of Rancho Palos Verdes and
the County of Los Angeles for maintenance of the County owned catch basins to be
retrofitted as part of the Machado Lake Trash Screen Project; and, 2) Authorized the
City Manager and City Clerk to execute the Maintenance Agreement (Option 2)
between the City of Rancho Palos Verdes and the County of Los Angeles Department
of Public Works.
Appointment of Board Members to the Abalone Cove Landslide Abatement
District Board
Appointed Robert Douglas and Michael Barth, each to a full four-year term of office, on
the Abalone Cove Landslide Abatement District Board.
Appointment of Board Members to the Klondike Canyon Geologic Hazard
Abatement District Board
Appointed Gale Lovrich and Ron Dragoo, each to a full four-year term of office, on the
Klondike Canyon Geologic Hazard Abatement District Board.
Adoption of Ordinance No. 550 - Term of Office and Term Limits for Planning
Commissioners
ADOPTED ORDINANCE NO. 550, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, AMENDING SECTION 2.20.020 OF THE RANCHO PALOS
VERDES MUNICIPAL CODE REGARDING THE TERM OF OFFICE OF PLANNING
COMMISSIONERS AND ADDING SECTION 2.20.080 TO THE RANCHO PALOS
VERDES MUNICIPAL CODE IMPOSING A LIMIT ON THE NUMBER OF
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CONSECUTIVE TERMS (NO LIFETIME BAN) THAT A PERSON MAY SERVE AS A
PLANNING COMMISSIONER.
Budget Adjustment for Payment of Property Taxes and “Due Diligence” Review to
Accept the Donation of Vacant Property in the Cherry Hill Lane Area
1) Authorized the City Manager to accept the donation of a vacant property in the
Cherry Hill Lane area (Assessor’s Parcel No. 7572-004-002), subject to the verification
of acceptable title and condition of the property; and, 2) ADOPTED RESOLUTION NO.
2013-71, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, AMENDING RESOLUTION NO. 2013-43, THE BUDGET
APPROPRIATION FOR FY 2013-14, TO PAY FOR THE COST OF THE CURRENT
PROPERTY TAXES AND “DUE DILIGENCE” REVIEW FOR THE VACANT
PROPERTY TO BE DONATED TO THE CITY FROM THE CITY’S GENERAL FUND.
Notice of Completion for the Annual Sidewalk Repair Program, FY2012-13
(Supports 2013 City Council Goal No. 4, 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 $5,895.87 to John Simich Construction, 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.
Register of Demands
ADOPTED RESOLUTION NO. 2013-72, 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.
# # # # # #
PUBLIC HEARINGS:
Amendment to Special Use Permit (Planning Case No. ZON2010-00366): Request
to Amend the Approval to Allow Continued Use of Two (2) Temporary Modular
Buildings at Green Hills Memorial Park [27501 Western Avenue]
City Clerk Morreale reported that notice of the public hearing was duly published, no
written protests received, late correspondence was distributed prior to the meeting, and
there were requests to speak regarding this item.
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Mayor Brooks declared the public hearing open.
Assistant Planner Harwell provided a brief staff report regarding this item.
Ray Frew, applicant, Green Hills Memorial Park, stated that the Green Hills Memorial
Park has been suffering as a result of the economy, outlined several expensive projects
that are underway at the Green Hills Memorial Park, and requested an extension of 30-
60 months for the use of the temporary modular buildings.
Discussion ensued among Council Members and the speaker.
Lori Brown, Lomita, spoke in favor of the staff’s recommendation for denial of the
project, noting that she did not understand the statement that Greens Hills was suffering
due to the economy, as she witnesses funerals every day in the new mausoleum.
Roger Metzler, Rancho Palos Verdes, stated that he was in support of the staff
recommendation, added that the approval of the temporary buildings began in 2005 for
a period of two years, noting that the buildings are still present after 8 1/2 years.
David Tomblin, Rancho Palos Verdes, stated that the Planning Commission denied the
Green Hills Memorial request for an extension of the use of modular units twice in the
past. He explained that the denial was based on the premise that the continued use
and approval of the modular buildings would set a bad precedent for businesses
elsewhere in the City to use temporary modular buildings as permanent buildings.
John Resich, Member of Board of Directors, Green Hills Memorial Park, Rancho Palos
Verdes, stated that the buildings are temporary modular buildings and added that the
buildings could be enhanced to appear as if they were permanent buildings with
additional landscaping, a permanent foundation, an appropriate roof, and necessary
structural support if the Council would allow the use of the temporary buildings for a
longer period of time.
Discussion ensued among Council Members, staff, and Green Hills Memorial Park
representatives, Mr. Frew and Mr. Resich.
Mayor Pro Tem Duhovic moved, seconded by Councilman Campbell, to grant the
applicant an eight month extension to diligently pursue the conversion of the temporary
modular buildings to permanent buildings.
Councilman Misetich moved an amendment to the motion to allow for a one year
extension for the process.
Mayor Pro Tem Duhovic and Councilman Campbell, as the maker and seconder of the
motion, accepted the amendment.
Discussion ensued among Council Members, staff and the applicant.
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Mayor Brooks moved, seconded by Councilman Knight, substitute motion to adopt the
staff recommendation to deny a request to amend the Special Use Permit (Planning
Case No. ZON2010-00366) for an additional 30 months of continued use of two
temporary modular buildings at Green Hills Memorial Park, and direct Staff to bring back
an appropriate resolution to memorialize the decision at the next City Council meeting.
Additional discussion ensued among Council Members, staff, the applicant, and
Planning Commissioner Tomblin.
Mayor Brooks declared the public hearing closed.
The substitute motion as reiterated was the following: Mayor Brooks moved, seconded
by Councilman Knight, substitute motion to adopt the staff recommendation to deny a
request to amend the Special Use Permit (Planning Case No. ZON2010-00366) for an
additional 30 months of continued use of two temporary modular buildings at Green
Hills Memorial Park, and direct Staff to bring back an appropriate resolution to
memorialize the decision at the next City Council meeting.
The motion failed on the following roll call vote:
AYES: Knight and Mayor Brooks
NOES: Campbell, Misetich, and Duhovic
ABSENT: None
The original motion as amended was the following: Mayor Pro Tem Duhovic moved,
seconded by Councilman Campbell, to grant the applicant a one-year extension to
diligently pursue the conversion of the temporary modular buildings to permanent
buildings.
The motion passed on the following roll call vote:
AYES: Campbell, Duhovic, and Misetich
NOES: Knight and Mayor Brooks
ABSENT: None
RECESS AND RECONVENE:
Mayor Brooks called a brief recess from 8:52 P.M. to 9:11 P.M.
REORDER OF AGENDA:
The Council reordered the agenda by moving Item No. 3 (Introduction of Ordinance -
Code Amendment to Chapter 15.20 (Moratorium on Land Use Permits) up on the
agenda for consideration.
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Introduction of Ordinance - Code Amendment to Chapter 15.20 (Moratorium on
Land Use Permits) of the Rancho Palos Verdes Municipal Code to Establish an
Exception Category to Allow Minor, Non-Remedial Grading on Lots Developed
with a Residential Structure or Other Lawfully Existing Non-Residential Structure
within the City’s Landslide Moratorium Area
City Clerk Morreale stated that late correspondence was distributed prior to the meeting
and there were no requests to speak regarding this item.
Community Development Director Rojas provided a brief staff report regarding this item.
Councilman Knight recused himself from discussion and voting on this item since he
lives in the Landslide Moratorium Area and left the dais at 9:17 P.M.
Mayor Brooks moved, seconded to Mayor Pro Tem Duhovic, to: INTRODUCE
ORDINANCE NO. 552, AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES, ADOPTING AMENDMENTS TO CHAPTER 15.20 (MORATORIUM ON
LAND USE PERMITS) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO
ESTABLISH AN EXCEPTION CATEGORY TO ALLOW MINOR, NON-REMEDIAL
GRADING ON LOTS DEVELOPED WITH A RESIDENTIAL STRUCTURE OR OTHER
LAWFULLY EXISTING NON-RESIDENTIAL STRUCTURE WITHIN THE CITY’S
LANDSLIDE MORATORIUM AREA.
The motion passed on the following roll call vote:
AYES: Campbell, Duhovic, Misetich, and Mayor Brooks
NOES: None
ABSENT: Knight (recused)
ABSTAIN: None
Councilman Knight returned to the dais at 9:18 P.M.
Reintroduction of Ordinance No. 551 – Adopting New State Building Codes and
Fire Code
Mayor Brooks reported that this item was discussed at the last City Council meeting.
City Attorney Lynch stated that the changes suggested by Councilman Knight were
incorporated into the proposed ordinance.
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Councilman Misetich moved, seconded by Mayor Pro Tem Duhovic, to adopt staff
recommendation to: REINTRODUCE ORDINANCE NO. 551, AN ORDINANCE OF THE
CITY OF RANCHO PALOS VERDES, ADOPTING BY REFERENCE THE 2013
EDITION OF THE CALIFORNIA BUILDING, RESIDENTIAL, GREEN BUILDING
STANDARDS, PLUMBING, ELECTRICAL, MECHANICAL AND FIRE CODES, WHICH
ARE CODIFIED IN TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS,
CHAPTER 7A OF TITLE 26 OF THE LOS ANGELES COUNTY CODE, THE UNIFORM
CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS 1997 EDITION, THE
UNIFORM HOUSING CODE 1997 EDITION, AND THE INTERNATIONAL PROPERTY
MAINTENANCE CODE, 2012 EDITION, WITH APPENDICES AND AMENDMENTS
THERETO, AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE.
The motion passed on the following roll call vote:
AYES: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks
NOES: None
ABSENT: None
Introduction of Ordinance – Amendment to Municipal Code Sections 8.20.250,
8.20.220 and 8.24.060(A)(2) Making Minor Amendments to the Regulations
Regarding Residential Trash Containers
Mayor Brooks introduced discussion regarding this item. Discussion ensued among
Council Members and staff regarding items to be added to the City’s website for
residents to use regarding the new trash container regulations.
Council directed Staff to provide the following on the City’s website: a) The new hours
that trash receptacles are allowed to be placed at the curb; b) A downloadable notice
with the new hours that residents could use to alert their neighbors; and, c) Information
regarding the availability of side-yard trash pick-up for an additional cost.
Mayor Brooks moved, seconded by Mayor Pro Tem Duhovic, to: 1) INTRODUCE
ORDINANCE NO. 553, AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES, AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE
REGARDING TRASH CONTAINERS; and, 2) Direct Staff to provide the following on
the City’s website: a) The new hours that trash receptacles are allowed to be placed at
the curb; b) A downloadable notice with the new hours that residents could use to alert
their neighbors; and, c) Information regarding the availability of side-yard trash pick-up
for an additional cost.
The motion passed on the following roll call vote:
AYES: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks
NOES: None
ABSENT: None
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Professional Services Agreement for City Council Goal–Setting Facilitator
Senior Administrative Analyst Fox provided a brief staff report regarding this item.
Discussion ensued among Council Members and staff.
Councilman Campbell moved, seconded by Councilman Misetich, to continue this item
to the December 17, 2013 City Council Meeting with an invitation to Dr. Colman to be
present.
The motion passed on the following roll call vote:
AYES: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks
NOES: None
ABSENT: None
City Council Access to Email System
Mayor Brooks provided introductory remarks regarding this item.
Director of Finance/IT McLean provided a brief staff report regarding this item and the
option for the Council Members to utilize the @rpv.com domain email of the City.
Discussion ensued among Council Members, staff, and City Attorney Lynch.
RECESS AND RECONVENE:
Mayor Brooks called a brief recess from 10:05 P.M. to 10:10 P.M.
Discussion continued among Council Members, staff, and City Attorney Lynch.
Councilman Knight moved, seconded by Mayor Brooks, to direct staff to establish
@rpv.com email accounts for use by Councilmembers, as requested.
The motion passed on the following roll call vote:
AYES: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks
NOES: None
ABSENT: None
FUTURE AGENDA ITEMS:
The following items were raised by Council Members as future agenda items:
Free Standing Wall of Honor (Brooks)
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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 6, 2013.
CLOSED SESSION REPORT:
City Attorney Lynch reported on the following Closed Session items: 1) With respect to
the Potential Purchase of a Vacant Lot located on Cherry Hill Lane, the Council
unanimously directed (5-0), with all Council Members present, to proceed with the
acquisition of the vacant lot on Cherry Hill Lane; and, 2) With respect to the Existing
Litigation regarding the People of the State of California and City of Rancho Palos
Verdes v. Davoodian case, a report was provided and the Council gave unanimous
direction (5-0), with all Council Members present, to the City Attorney to proceed with
the course of action previously established by the Council.
RECESS TO CLOSED SESSION: 10:44 P.M.
RECONVENE TO REGULAR SESSION: 12:20 A.M. on November 20, 2013.
CLOSED SESSION REPORT:
City Attorney Lynch reported that with respect to the Public Employee Performance
Evaluation, the City Council conducted the City Manager’s Performance Evaluation,
with all Council Members present. The Council unanimously directed the Mayor and
Mayor Pro Tem to meet with the City Manager to discuss her Performance Evaluation.
ADJOURNMENT:
At 12:22 A.M. on November 20, 2013, Mayor Brooks adjourned the meeting in the
memory of the Late John Barnhill, Former Rolling Hills Estates Mayor Hugh Muller, and
Lawndale Mayor Harold E. Hoffmann.
___________________
Mayor
Attest:
___________________
City Clerk
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