RPVCCA_CC_DM_2014_10_21_B_20141007_CC_MINS_DRAFTDraft City Council Minutes
October 7, 2014
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DRAFT
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
OCTOBER 7, 2014
The meeting was called to order at 7:17 P.M. by Mayor Duhovic at Fred Hesse
Community Park, 29301 Hawthorne Boulevard.
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; Joel Rojas, Community Development Director;
Michael Throne, Director of Public Works; Nicole Jules, Deputy Director of Public
Works; Kathryn Downs, Deputy Director of Finance; Paul Christman, Building Official;
Sean Robinson, Human Resources Manager; Kit Fox, Senior Administrative Analyst;
and, Carla Morreale, City Clerk.
FLAG SALUTE:
The Flag Salute was led by Deputy Director of Public Works Nicole Jules.
MAYOR’S ANNOUNCEMENTS:
Mayor Duhovic announced the recent passing of Daniel Crespo, Mayor of Bell Gardens;
and Robert “Bob” Wilson, a longtime member of the Volunteer Program for the Lomita
Sheriff’s Station, who donated more than 20,000 hours of service to the Los Angeles
County Sheriff’s Department. He asked for a moment of silence in the memory of each
of these gentlemen.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
Mayor Duhovic announced Recyclers of the Month from the September 16, 2014 City
Council meeting: Heather Kovacev and Joe Locascio. 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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Councilwoman Brooks moved, seconded by Councilman Misetich, to approve the
agenda, as presented.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, Misetich and Mayor Duhovic
NOES: None
ABSENT: None
PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda)
None.
CITY MANAGER REPORT:
Acting City Manager Petru provided announcements regarding the following events:
1) Abalone Cove Shoreline Park Grand Re-Opening to be held on Saturday, October
25, 2014 from 11:30 a.m. to 3:00 p.m.; 2) Free Paper/Document Shredding Event to be
held on Saturday, October 18, 2014 at the Civic Center/Upper Pt. Vicente from 8:00
a.m. to 11:00 a.m., with the collection of electronic waste and free mulch giveaway at
this event; and, 3) San Ramon Canyon Stormwater Flood Reduction Project Ribbon
Cutting and Opening Ceremony to be held on Wednesday, October 15, 2014 at 9:15
a.m.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that late correspondence regarding Item D (Border Issues
Status Report) and Item G (First Amendment to the Right of Access Agreement with
Palos Verdes Shores Mobile Home Park) was distributed prior to the meeting and there
were no requests to speak regarding the Consent Calendar.
Mayor Duhovic requested that Item D (Border Issues Status Report) be removed from
the Consent Calendar for separate consideration.
Councilman Campbell requested that Item B (Approval of the Minutes) be removed from
the Consent Calendar for separate consideration.
Mayor Duhovic moved, seconded by Councilman Campbell, to approve the Consent
Calendar, with Item B (Approval of Minutes) and Item D (Border Issues Status Report)
removed from the Consent Calendar and to be heard after Regular Business items.
The motion passed on the following roll call vote:
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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
This item was removed from the Consent Calendar for separate consideration.
Register of Demands
ADOPTED RESOLUTION NO. 2014-64, 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.
Border Issues Status Report
This item was removed from the Consent Calendar for separate consideration.
August 2014 Monthly Report of Cash Balances
Received and filed the August 2014 Monthly Report of Cash Balances for the City of
Rancho Palos Verdes.
Payment of Parkland Dedication Fee for Final Tract Map No. 71878 (A 60-unit
Senior Condominium Subdivision Located at 5601 Crestridge Road: Crestridge
Senior Condominium Project, known as “Sol y Mar”)
Accepted, via Minute Order, the parkland dedication (Quimby) fee for Final Tract Map
No. 71878, pursuant to the City’s parkland dedication fee formula in the amount of
$1,278,322.21.
First Amendment to the Right of Access Agreement with Palos Verdes Shores
Mobile Home Park
Authorized the Mayor and City Clerk to execute Amendment No. 1 to the Right of
Access Agreement with Palos Verdes Shores Mobile Estates, Ltd. (PV Shores) for
construction access through the mobile home park related to the construction of the San
Ramon Canyon Stormwater Flood Reduction Project.
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# # # # # #
REGULAR BUSINESS:
Appointment of Committee Members and Chair to the Infrastructure Management
Advisory Committee (IMAC)
Mayor Duhovic provided introductory comments regarding the selection of four
members to the IMAC for a four-year term and three members for a two-year term, with
the selection of a Chair of the Committee from those members appointed for a four-year
term.
Discussion ensued among Council Members about allowing more time to consider the
applicants before making the appointments.
Councilwoman Brooks moved, seconded by Councilman Misetich, to continue this item
to the October 21, 2014, as the first item under Regular Business.
Without objection, Mayor Duhovic so ordered.
Adoption of an Urgency Ordinance and Introduction of a Non-Urgency Ordinance
to Establish Penalties and Other Permit Restrictions on Residential Construction
Projects that have been Ongoing for 4 Years or More
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there were seven requests to speak on the item.
Community Development Director Rojas provided a brief staff report regarding this item.
Discussion ensued among Council Members, City Attorney Lynch, and staff.
Jon Anderson, Rancho Palos Verdes, stated that the existing ordinance has had many
unforeseen circumstances, making it difficult for progress to be made on the interior
construction in certain sections of the home. He spoke in opposition to the proposed
ordinance.
Joseph John Anderson, Rancho Palos Verdes, provided information regarding the
construction at their home and the problems with their original contractor. He reported
that the contractor was eventually fired and the family has taken over the management
of the project, noting they are making good progress with timeline commitments from
each of the subcontractors. He spoke in opposition to the proposed ordinance.
Rick Otto, Rancho Palos Verdes, stated that he is the current plumber for the
Anderson’s project. He reported that upon being hired he evaluated and discovered
multiple problems with the previous construction work at the house, and noted he had to
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redo much of the previous plumbing at the home. He added that he and his crew are
working diligently in order to be done by the timeline of February 15, 2015.
William Glantz, Rancho Palos Verdes, stated that the details he heard indicate that the
original contractors were not professional, adding that Dr. Anderson would have much
of the work redone after it was completed, according to the workers. Mr. Glantz
reported that a second commercial vent has been installed at the Anderson house
facing the front door of the Glantz home. He stated he was in agreement with the
concept of having all the permits due on February 15, 2015, but noted the quiet period
should be equal to the construction period. He concluded that in the 14 years he has
lived at the location, they have had 6 months of no construction.
Phyllis Glantz, Rancho Palos Verdes, stated that the construction began on the
Anderson home in June 2009 but noted the quiet period should be longer, so that the
neighbors can have a time period of peace and tranquility. She was in support of the
ordinance although she requested a longer quiet period.
Kathleen Anderson, Rancho Palos Verdes, provided comments regarding the
construction problems with their prior building contractor. She stated that the ordinance
adopted in 2013 has not allowed them to pull new permits, or renew any existing
permits, adding that new permits for solar panels and resurfacing the pool is needed to
complete the radiant heating permit; and requested an extension of their permits to April
15, 2015. She reported on additional construction difficulties, noting she was opposed
to the proposed ordinance with severe financial penalties.
Dr. Joseph Anderson, Rancho Palos Verdes, stated that many of the problems seem to
stem from a lack of communication and provided comments regarding the ongoing
construction problems at his home, as well as recent changes to construction methods
to alleviate some of the construction noise.
Discussion ensued among Council Members, staff, and City Attorney Lynch.
Councilman Misetich moved, seconded by Councilwoman Brooks, to: 1) Require that all
construction be completed by February 15, 2015; 2) Direct staff to grant permits to allow
for completion of the project; 3) Direct staff to incorporate modifications to the ordinance
to address the input from Council that was raised, including a force majeure clause, fee
for appeal, and clarifications to the ordinance language offered by Mayor Pro Tem
Knight; and, 4) Direct staff to return with the item when ready for Council’s
consideration.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, Misetich and Mayor Duhovic
NOES: None
ABSENT: None
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City Manager Recruitment Update
Human Resources Manager Robinson provided a brief staff report regarding the
progress of the City Manager recruitment, noting that the Council is being requested to
identify a date(s) in which to conduct interviews of the most highly qualified candidates
for City Manager.
Discussion ensued among Council Members and consultant Bob Murray, Bob Murray
and Associates.
Mayor Duhovic moved, seconded by Councilwoman Brooks, to approve the staff
recommendation to receive and file an update on the progress of the recruitment for the
City Manager position. The Council selected October 26, 2014, as the date for first
interviews of the final candidates for City Manager.
Without objection, Mayor Duhovic so ordered.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
Approval of Minutes
City Clerk Morreale reported that this item was removed from the Consent Calendar by
Councilman Campbell.
Councilman Campbell stated that he was working on modifications to the Minutes of
August 5, 2014 and noted he would like to have that set of minutes continued to the
October 21, 2014 Council meeting for consideration.
Councilman Campbell moved, seconded by Mayor Duhovic, to continue the Minutes of
the August 5, 2014 Regular Meeting to the October 21, 2014 Council meeting; and
approve the September 2, 2014 Regular Meeting Minutes and approve the September
30, 2014 Adjourned Regular Meeting (Interviews).
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, Misetich and Mayor Duhovic
NOES: None
ABSENT: None
Border Issues Status Report
City Clerk Morreale reported that this item was removed from the Consent Calendar by
Mayor Duhovic.
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Mayor Duhovic provided comments regarding his concerns of the movement of propane
on the railroad lines from the Rancho LPG Tank Facility, and inquired if the Council was
interested in discussing the preparation of a letter to be presented to the California State
Lands Commission at the October 14, 2014 meeting in Santa Monica. Mayor Duhovic
noted he had drafted a letter that he proposed bringing to the California State Lands
Commission meeting.
Discussion ensued among Council Members and City Attorney Lynch.
Mayor Duhovic read the draft letter that he prepared for Council’s consideration.
Additional discussion ensued among Council Members.
RECESS AND RECONVENE:
Mayor Duhovic called a recess from 9:35 P.M. to 9:54 P.M. to allow for modifications to
the proposed letter.
Border Issues Status Report (continued)
Mayor Duhovic read his letter, as amended, to the Council for their consideration.
Discussion ensued among Council Members and at the suggestion of Mayor Pro Tem
Knight “significant threat” was modified to read “a potential risk.” Mayor Duhovic noted
he would provide the letter to staff to type, with direction that it be distributed to Council
to see if any Council Member has an objection to the letter being sent out.
Mayor Duhovic moved, seconded by Councilwoman Brooks, to receive and file the
current report on the status of Border Issues.
AYES: Brooks, Campbell, Knight, Misetich and Mayor Duhovic
NOES: None
ABSENT: None
FUTURE AGENDA ITEMS:
The following items were raised by Council Members as future agenda items:
Process of responding to residents’ emails sent to cc@rpv.com (Duhovic) [Mayor
Duhovic indicated that staff could work on this to provide a clearer protocol.]
Councilman Buscaino’s letter regarding the Rancho LPG Tank Facility (Duhovic)
Ordinance to address taxis using the RPV logo (Knight)
Assessment of the City’s street lighting system (Knight)
CITY COUNCIL ORAL REPORTS:
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Councilman Misetich suggested that oral reports by waived until the next Council
meeting.
Without objection, Mayor Duhovic so ordered.
RECESS TO CLOSED SESSION:
At 10:03 P.M., Mayor Duhovic recessed the meeting to Closed Session.
City Attorney Lynch announced the items to be discussed in Closed Session as listed
on the Closed Session Agenda Checklist.
RECONVENE TO OPEN SESSION:
At 11:40 P.M., Mayor Duhovic reconvened the meeting to Regular Session.
CLOSED SESSION REPORT:
City Attorney Lynch reported on the following Closed Session items: 1) With respect to
the item regarding Personnel – Public Employee Employment (City Manager),
discussion occurred, direction was given, and no action was taken; and, 2) With respect
to the item regarding Public Employee Performance Evaluation (City Attorney),
discussion occurred, direction was given, and no action was taken, with all Council
Members present for the Closed Session.
ADJOURNMENT:
At 11:41 P.M., Mayor Duhovic adjourned the meeting in the memory of Robert (Bob)
Wilson, a longtime member of the Volunteer Program for the Lomita Sheriff’s Station.
___________________
Mayor
Attest:
___________________
City Clerk
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