RPVCCA_CC_DM_2014_09_16_B_20140805__CC_MINS_DRAFTDraft City Council Minutes
August 5, 2014
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DRAFT
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
ADJOURNED REGULAR MEETING
AUGUST 5, 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 7:05 P.M. *Councilman Campbell
participated via teleconference for a portion of the meeting, as listed on the agenda,
from Camp Emerald Bay, 1 Cove Road, Avalon, CA 90704.
City Council roll call was answered as follows:
PRESENT: Brooks, Knight, Misetich and Mayor Duhovic
ABSENT: Campbell*
*Mayor Duhovic announced that Councilman Campbell would be joining by
teleconference later in the meeting.
Also present were Carolynn Petru, Acting City Manager; Carol Lynch, City Attorney;
Dennis McLean, Director of Finance; Joel Rojas, Community Development Director;
Michael Throne, Director of Public Works; Sean Robinson, Human Resources Manager;
Nicole Jules, Senior Engineer; Eduardo Schonborn, Senior Planner; Kit Fox, Senior
Administrative Analyst; and, Carla Morreale, City Clerk.
FLAG SALUTE:
The Flag Salute was led by Mayor Pro Tem Knight.
MAYOR’S ANNOUNCEMENTS:
None.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
Mayor Duhovic announced Recyclers of the Month from the July 29, 2014 City Council
meeting: Bill Van Den Hoek and Cheng Y. Chin. 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:
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City Clerk Morreale reported that there was a request to reorder the agenda to move
Item No. 2 (Ordinance Reducing the Utility User Tax Rate from 3% to 2.75% and
Modernizing the City’s Utility User Tax and Emergency Resolution Authorizing the City
Council to Call an Election on November 4, 2014 to Request the Voters to Approve the
Ordinance) and Item No. 3 (November 4, 2014 Special Municipal Election) up on the
agenda.
Councilman Misetich moved, seconded by Mayor Pro Tem Knight, to not reorder the
agenda and approve it, as presented.
The motion passed on the following roll call vote:
AYES: Brooks, Knight, Misetich and Mayor Duhovic
NOES: None
ABSENT: Campbell
PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda)
None.
CITY MANAGER REPORT:
None.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that late correspondence regarding Item No. E (Border
Issues Status Report) was distributed prior to the meeting and there were no requests
to speak regarding the items on the Consent Calendar.
Councilwoman Brooks moved, seconded by Mayor Pro Tem Knight, to approve the
Consent Calendar, as presented.
The motion passed on the following roll call vote:
AYES: Brooks, Knight, Misetich and Mayor Duhovic
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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Register of Demands
ADOPTED RESOLUTION NO. 2014-46, 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.
May 2014 Monthly Report of Cash Balances
Received and filed the May 2014 Monthly Report of Cash Balances for the City of
Rancho Palos Verdes.
June 2014 Monthly Report of Cash Balances
Received and filed the June 2014 Monthly Report of Cash Balances for the City of
Rancho Palos Verdes.
Border Issues Status Report
Received and filed the current report on the status of Border Issues.
Traffic Safety Committee Work Plan
Approved the 2014-15 Work Plan for the Traffic Safety Committee.
Consider Approval of Request by the Peninsula Education Foundation for
Placement of Banners on Street Light Poles on Silver Spur Road
1) Approved the request by the Peninsula Education Foundation for placement of
banners on street light poles on Silver Spur Road between Hawthorne Boulevard and
Drybank Drive; and, 2) Authorized the Public Works Department to issue a no-fee
encroachment permit for these banners, upon the Permittee meeting all other
requirements for an encroachment permit.
Approval of Minutes
Approved the Minutes of the July 22, 2014 Adjourned Regular Meeting.
Emergency Preparedness Committee FY 2014-15 Annual Work Plan
Approved the proposed FY 2014-15 Emergency Preparedness Committee Annual Work
Plan.
# # # # # #
PUBLIC HEARING:
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Fi Final Environmental Impact Report (Final EIR) and Code Amendment for the Zone
2 Landslide Moratorium Ordinance Revisions (Case No. ZON2009-00409) /
Location: “Zone 2” of the City’s Landslide Moratorium Area [Continued from
June 17, 2014]
City Clerk Morreale reported that this public hearing was continued from the Council
meeting of June 17, 2014; late correspondence was distributed prior to the meeting; and
there were eight requests to speak regarding this matter.
Mayor Pro Tem Knight recused himself from the discussion of this item and left the dais
at 7:10 P.M.
Senior Planner Schonborn provided a staff report regarding this item.
Discussion ensued among Council Members and staff.
Robert Maxwell, referenced his handout distributed to the City Council prior to the
meeting. He noted the following concerns: 1) The City is allowing houses to be built on
unstable land; and, 2) There is evidence of cracking at Wayfarer’s Chapel, houses
along Altamira Canyon, and in Altamira Canyon itself, yet the EIR allows building in the
landslide area. He added that the land is moving and to approve the EIR is an error.
Stuart Miller, Attorney, Portuguese Bend Community Association, Laguna Hills, stated
that he was disappointed in the consultant’s responses to his concerns submitted in
May 2014 regarding the Final EIR, and noted the approval of this item would allow ad
hoc determinations by different consultants without clear standards and formal
requirements of coordination. He noted concerns with erosion control; water runoff and
drainage issues; lack of specific requirements for an erosion plan to be submitted by the
applicants; evacuation of the Portuguese Bend area; and the impact on private roads,
which was not analyzed. He provided comments regarding the landslide and the Monks
case and noted that the Portuguese Bend Community Association would consider a
lawsuit.
Cassie Jones, Rancho Palos Verdes, commented on photographs she submitted to the
Council, which demonstrated water running down the streets in the Portuguese Bend
area from runoff after grading for a new development and from hardscape in the area.
She noted that water does not run into Alta Mira Canyon or the ocean. She added that
she had concerns with landslides in the area and inadequate studies and there should
be no project available at this time.
Bill Hunter, Rancho Palos Verdes, stated that no current homeowners in Portuguese
Bend want any more development until Alta Mira Canyon is designed, financed and
engineered to address the drainage issues. He stated he had concerns with the EIR for
the following conditions in Portuguese Bend: 1) an ancient landslide area, 2) 1950’s
infrastructure that will not accommodate the amount of drainage that occurs in the
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community; 3) much of the natural native grasses have died and will not afford
necessary drainage and erosion protection; 4) problems with evacuation during an
emergency; and, 5) potential fire danger.
Robert Douglas, Abalone Cove Landslide Abatement District (ACLAD), Rancho Palos
Verdes, stated that over the years he and his students have worked on the geology and
hydrology in the Portuguese Bend area. He noted concerns with the following: water
and drainage; rainfall which ends up as groundwater; and buildup of groundwater, which
is the trigger for instability and landslide movement. He added that without the
management of storm water runoff and groundwater formation there would be no
stability in the area. He reported that ACLAD opines that sections in the Draft and Final
EIR are simply inadequate. He noted that ACLAD disagrees with the staff
recommendation and recommends that the Council reject the EIR.
Jim Knight, Rancho Palos Verdes, stated that he was speaking as a private citizen and
resident regarding this item since he is recused from participation as a Council Member.
He noted that if the EIR is certified by the City Council, the Council would be agreeing
with the following: 1) the analysis and conclusions of the EIR; 2) the full build-out of the
subdivision; and, 3) the standards that existed when the subdivision map was recorded,
in 1949, are in compliance with conditions that exist today. He noted concerns with
fissures in storm drain systems that might endanger downslope land; the burden of
proof on the community, not the City, that the subdivision is able to handle a full build-
out; establishment of a new geological standard for the new additional Zone 2 homes,
which is a non-scientific unquantifiable standard and is not the same standard used
throughout the City; and drainage problems. He concluded that the EIR does not
adequately address the potential impacts adequately and has too many flaws for
certification.
Jeremy Davies, Rancho Palos Verdes, stated that the FEIR states that the drainage
system can handle the drainage from a full build-out of all 111 lots, which includes the
Monks lots and the remaining 31 lots. He noted concerns with the following: drainage;
road design, pavement integrity and roadway system; and, the weight/loading of
construction vehicles. He noted that the conclusions in the FEIR are of major
importance to the integrity of the document and fail to adequately address the
comments submitted by the public, contains unsubstantiated assertions, and was non-
compliant.
Discussion ensued among Council Members, staff, City Attorney Lynch, and consultant
Abe Lieder, Project Manager, Rincon Consultants.
Clare Look-Jaegar, Traffic Engineering Consultant/Principal, Linscott, Law and
Greenspan Engineers, stated that her firm prepared the traffic analysis included as part
of the Final EIR. She provided clarification regarding the emergency evacuation
analysis for the Portuguese Bend area, noting that the discharge rate of vehicles is the
number of vehicles that could clear a particular point in time and the analysis did not
state that the entire community would be evacuate in 66 seconds. She provided details
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regarding the particular assumptions used for the analysis and concluded that under
those assumptions, the community could be evacuated in less than 15 minutes with two
access points and under 30 minutes with one access point.
Discussion continued among Council Members and City Attorney Lynch.
Councilman Misetich moved, seconded by Councilwoman Brooks, to table the item.
The motion passed on the following roll call vote:
AYES: Brooks, Misetich and Mayor Duhovic
NOES: None
ABSENT: Knight (recused); Campbell (absent)
RECESS AND RECONVENE:
Mayor Duhovic called a brief recess from 8:06 P.M. to 8:20 P.M.
REGULAR BUSINESS:
Ordinance Reducing the Utility User Tax (UUT) Rate from 3% to 2.75% and
Modernizing the City’s Utility User Tax and Emergency Resolution Authorizing
the City Council to Call an Election on November 4, 2014 to Request the Voters to
Approve the Ordinance
Mayor Pro Tem Knight returned to the dais at 8:20 P.M.
*Councilman Campbell joined the meeting at 8:20 P.M., via teleconference from the
remote location as listed on the agenda.
City Attorney Lynch provided a brief overview and PowerPoint presentation regarding
the proposed ordinance reducing the Utility User Tax (UUT) rate from 3% to 2.75% and
modernizing the City’s Utility User Tax, and emergency resolution authorizing the City
Council to call an election.
Director of Finance McLean provided a brief staff report and PowerPoint presentation
responding to questions and issues raised at the July 29, 2014 Council meeting, as well
as fiscal matters to be considered by the Council.
Tom Long, Rancho Palos Verdes, stated that when he served on Council, the decision
was made to postpone the issues regarding the UUT until the conclusion of litigations of
other cities. He noted that, unfortunately, the litigation did not sustain the tax, resulting
in the difficult decision that is before the Council for consideration. He stated that
Alternative Nos. 1-3 were not optimal considerations, spoke in support of staff’s
recommendation, and opined the matter should be placed before the voters for their
decision.
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Discussion ensued among Council Members, staff, and City Attorney Lynch.
Councilman Misetich moved, seconded by Mayor Pro Tem Knight, to place the UUT
Measure before the voters on the November 4, 2014 Election with the incorporation of
the modernization language, and keep the UUT rate at 3%.
Discussion ensued among Council Members, staff, and City Attorney Lynch.
Councilman Campbell moved, seconded by Councilwoman Brooks, to call the question.
The motion to call the question passed on the following roll call vote:
AYES: Brooks, Campell, Knight, Misetich and Mayor Duhovic
NOES: None
ABSENT: None
The motion on the floor failed on the following roll call vote, as a unanimous vote was
necessary:
AYES: Brooks, Misetich and Knight
NOES: Campbell and Mayor Duhovic
ABSENT: None
Discussion ensued among Council Members.
Tom Long, stated that he had listened carefully to the concerns of Council and
suggested the following compromise to: Hold the election in March 2015 with the City of
Los Angeles; place the UUT Measure before the voters for their consideration; keep the
UUT rate at 3%; and, suspend the collection of the telecommunication portion of the
UUT tax in the interim period.
Councilman Misetich moved, seconded by Councilwoman Brooks, to place the UUT
Measure before the voters on the March 2015 Election with the City of Los Angeles
conducting the election; and keep the UUT rate at 3%, with the incorporation of the
modernization language, with the suspension of the collection of the telecommunication
portion of the UUT tax in the interim period.
City Attorney Lynch suggested that the motion be bifurcated so as to consider the
suspension of the collection of the telecommunication portion of the UUT tax in the
interim period separately.
City Attorney Lynch reiterated the first motion, as bifurcated, to be the following: To
place the UUT Measure before the voters on the March 2015 Election with the City of
Los Angeles conducting the election; and keep the UUT rate at 3%, with the
incorporation of the modernization language.
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City Attorney Lynch stated that the second motion would address the suspension of the
collection of the telecommunication portion of the UUT tax in the interim period.
Discussion continued among Council Members and City Attorney Lynch.
The motion failed on the following roll call vote, as a unanimous vote was necessary:
AYES: Brooks, Knight, Misetich and Mayor Duhovic
NOES: Campbell
ABSENT: None
Discussion continued among Council Members and City Attorney Lynch.
RECESS AND RECONVENE:
Mayor Duhovic called a brief recess from 9:47 P.M. to 9:56 P.M.
Councilman Campbell left the meeting at 9:47 P.M.
November 4, 2014 Special Municipal Election
City Clerk Morreale reported that in light of the previous action regarding the UUT item,
this report could be received and filed.
Mayor Duhovic moved, seconded by Councilman Brooks, to receive and file this item.
Without objection, Mayor Duhovic so ordered.
Consideration of Portuguese Bend Drainage Petition
City Clerk Morreale reported there was late correspondence distributed prior to the
meeting and there were two requests to speak regarding this item.
Mayor Pro Tem Knight recused himself from discussion of this item and left the dais at
9:57 P.M.
Director of Public Works Throne provided a brief staff report and PowerPoint
presentation regarding this item, noting that a petition had been received from a portion
of the residents in the Portuguese Bend area regarding the development and
maintenance of a City-owned drainage system and the private roads in that community.
Robert Cumby, Board of Directors President, Portuguese Bend Community Association
(PBCA), Rancho Palos Verdes, stated that the streets in the PBCA are owned by the
individual lot owners and the Board of Directors was not in support of the petition
submitted by some of the residents in the area.
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Leanne Twidwell, Rancho Palos Verdes, stated that she just heard about this item
today, but inquired as to the status of the Altamira Canyon Project. She asked for staff
direction in seeking grants for work of this nature.
Director of Public Works Throne provided a status update regarding the future Altamira
Canyon Project and noted the Public Works Department would be inviting that area to
participate in discussions about the project during the project study report process and
be available to answer general questions and provide information to Ms. Twidwell
regarding grants.
Councilwoman Brooks moved, seconded by Councilman Misetich, to receive and file
the petition and refer the petitioner’s request to the Portuguese Bend C ommunity
Association for deliberation with their membership.
Without objection, Mayor Duhovic so ordered.
Mayor Pro Tem Knight returned to the meeting at 10:09 P.M.
FUTURE AGENDA ITEMS:
None.
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 June
16, 2014.
CLOSED SESSION REPORT:
City Attorney Lynch reported that with respect to the Closed Session item regarding
public employee employment, a report was provided and no action was taken, with
Councilman Campbell absent from the Closed Session.
ADJOURNMENT:
At 10:34 P.M., Mayor Duhovic adjourned the meeting.
___________________
Mayor
Attest:
___________________
City Clerk
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