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CC MINS 20120131 ADJ MINUTES RANCHO PALOS VERDES CITY COUNCIL ADJOURNED REGULAR MEETING JANUARY 31, 2012 The meeting was called to order by Mayor Misetich at Pt. Vicente Interpretive Center, 31501 Palos Verdes Drive West at 7:33 P.M, notice having been given with affidavit on file. City Council roll call was answered as follows: PRESENT: Brooks, Campbell, Duhovic, Knight and Mayor Misetich ABSENT: None Also present were: Carolyn Lehr, City Manager; Carolynn Petru, Deputy City Manager/Interim Director of Recreation and Parks; Carol Lynch, City Attorney; Joel Rojas, Community Development Director; Tom Odom, Director of Public Works; Dennis McLean, Director of Finance/Information Technology (IT); Ray Holland, Deputy Director of Public Works; Greg Pfost, Deputy Community Development Director; Kathryn Downs, Deputy Director of Finance/IT; Eric Mausser, Human Resources Manager; and, Carla Morreale, City Clerk. FLAG SALUTE: The Flag Salute was led by Mayor Pro Tem Campbell. MAYOR'S ANNOUNCEMENTS: None. RECYCLE DRAWING: None. APPROVAL OF AGENDA: Councilman Knight moved, seconded by Councilman Duhovic, to approve the agenda as presented. Without objection, Mayor Misetich so ordered. PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda) City Council Minutes January 31, 2012 Page 1 of 13 Stan Finka, Rancho Palos Verdes, stated that he would like the Council to consider moving forward on the Ladera Linda Master Plan Project, noting that there was a recent homeowner's association meeting at Ladera Linda where utilization of the site was discussed. He noted the discussion included the use of the Ladera Linda Community Center as a recreational and academic center and encouraged the Council to consider this type of use by the community. CITY MANAGER REPORT: City Manager Lehr reported that the City received a commitment letter on January 30, 2012 from the Department of Water Resources for the grant totaling $9.5 million for the San Ramon Canyon Stabilization Project. City Manager Lehr introduced Marilyn Lyon from the South Bay Cities Council of Governments/South Bay Environmental Services Center & Alise Goldman from the West Basin Water Municipal District who recognized the following Rancho Palos Verdes businesses/organizations for their participation in the water conservation program in the last few years: Mary and Joseph Retreat Center; Palos Verdes Bay Club Homeowners Association (HOA); and Seabluff HOA. Ms. Goldman presented each organization with a plaque of recognition for its efforts in conservation. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that Late Correspondence was distributed prior to the meeting regarding Item E (Agency Shop Agreement between the City of Rancho Palos Verdes and the Rancho Palos Verdes Employees Association) and Item F (Revision "ZZ" to the Trump National Golf Course Project— Proposed Hedge on Driving Range), and there was one request to speak regarding Item F. Councilman Duhovic requested that Item E (Agency Shop Agreement between the City of Rancho Palos Verdes and the Rancho Palos Verdes Employees Association) be removed from the Consent Calendar. Councilwoman Brooks moved, seconded by Councilman Knight, to approve the Consent Calendar with Item E (Agency Shop Agreement between the City of Rancho Palos Verdes and the Rancho Palos Verdes Employees Association) and Item F (Revision "ZZ" to the Trump National Golf Course Project— Proposed Hedge on Driving Range) removed from the Consent Calendar. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich City Council Minutes January 31, 2012 Page 2 of 13 NOES: None ABSENT: None ABSTAIN: 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 December 19, 2011 Regular Meeting. Notice of Completion —Via Canada Storm Drain PD-478 Inlet Improvements Project 1) Accepted the work as complete and authorized the City Clerk to file a Notice of Completion with the County Recorder; 2) Authorized the Director of Public Works to release the 10% retention payment in the amount of$4,573.20 to HYM Engineering, Inc. 35 days after recordation of the Notice of Completion by the County Recorder, contingent upon no claims being filed on the project, and the contractor posting an acceptable warranty bond; and, 3) Authorized staff to notice the surety company to exonerate the Payment and Performance bonds following release of retention. Mayor's Appointment of City Council Member to West Basin Water Association Appointed Councilwoman Brooks to the position of delegate to the West Basin Water Association. Agency Shop Agreement Between the City of Rancho Palos Verdes and the Rancho Palos Verdes Employees Association This item was removed from the Consent Calendar for separate consideration. Revision "ZZ" to the Trump National Golf Course Project— Proposed Hedge on Driving Range [Revised Staff Report] This item was removed from the Consent Calendar for separate consideration. # # # # # # # ITEM REMOVED FROM THE CONSENT CALENDAR: City Council Minutes January 31, 2012 Page 3 of 13 Revision "ZZ" to the Trump National Golf Course Project— Proposed Hedge on Driving Range [Revised Staff Report] City Clerk Morreale reported that there was one request to speak regarding this item. Councilman Duhovic recused himself from the discussion and left the dais at 7:48 P.M. Jill Martin, Legal Counsel, VH Property Corporation, Rancho Palos Verdes, stated that she had read the Conditions of Approval regarding the Revision "ZZ" application and watched the video since she was not present at the meeting two weeks ago. She noted that she understood that the approval was to trim the hedge rather than remove it completely if the applicant did not comply with the condition. She added that she believed the applicant had at least a 30 day time period to correct any deficiencies with meeting the condition. She suggested that the language of the condition in Section K(2)b be changed to state "If the applicant does not maintain the hedge at or below its maximum height and length according to this condition, and if the applicant fails to take corrective action to come into compliance with this condition within 30 days following notification by the Community Development Director, the City and/or its landscape maintenance contractor shall be permitted and is authorized by the property owner to access the property and remove the hedge." She explained that this would afford the applicant the due process opportunity to take corrective action regarding any deficiencies. City Attorney Lynch stated that it would be appropriate to add the language proposed by Ms. Martin. Discussion ensued among Council Members, City Attorney Lynch, and the speaker. Councilwoman Brooks moved, seconded by Mayor Misetich, to: 1) ADOPT RESOLUTION NO. 2012-03, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ADOPTING ADDENDUM NO. 1 TO A MITIGATED NEGATIVE DECLARATION FOR THE DRIVING RANGE; and, 2) ADOPT RESOLUTION NO. 2012-04, AS FURTHER AMENDED, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CONDITIONALLY APPROVING REVISION "ZZ" TO THE TRUMP NATIONAL GOLF COURSE PROJECT ALLOWING A NEW ZEALAND CHRISTMAS TREE HEDGE RANGING IN HEIGHT FROM 6' TALL TO 9'-8" TALL TO BE PLANTED AT THE WESTERN EDGE OF THE DRIVING RANGE. Mayor Pro Tem Campbell moved a substitute motion to allow the City to access the property, per the proposed language for the purposes of trimming the hedge to the proper height as opposed to completely removing the hedge. The motion died for a lack of a second. City Council Minutes January 31, 2012 Page 4 of 13 The original motion passed on the following roll call vote: AYES: Brooks, Knight, and Mayor Misetich NOES: Campbell ABSENT: None ABSTAIN: Duhovic (recused) Councilman Duhovic returned to the dais at 8:10 P.M. REGULAR NEW BUSINESS: City Council Goal Setting Workshop: Short-Term and Long-Term City Council Priorities City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there was one request to speak regarding this item. Mayor Misetich introduced former City Manager Len Wood as the facilitator of the Goal Setting Workshop. Len Wood, Len Wood &Associates, Rancho Palos Verdes, stated that the Council would be continuing with the second part of the Goal Setting Session that was started at the January 3, 2012 Council Meeting. He noted that the ultimate goal would be to review and prioritize the goals that were established at that meeting. He provided an overview of the items listed by each Council Member during the initial Goal Setting Session and suggested that the Council attempt to combine similar goals, eliminate duplicates, and clarify and prioritize the goals. Mr. Wood stated that he met individually with each Council Member to discuss and refine the goals raised at the first session and explained the ranking method t0 be used to determine the top priorities of the Council. Mr. Wood added that he categorized the goals based on the comprehensive matrix provided by staff which showed the total number of votes each item received from the Council Members The Council reviewed and clarified the list of goals identified in the initial Goal Setting Session resulting in the following refined list. Infrastructure Goals Stabilize San Ramon Canyon Improve Palos Verdes Drive East Safety Increase Citizen Involvement Review City Wide Storm Drain Maintenance Program Create Portuguese Bend Landslide Abatement Plan Improve Western Avenue Aesthetics City Council Minutes January 31, 2012 Page 5 of 13 Review City Sewer Maintenance Program Identify Issues at County Sewer Pump Station at Western Avenue &Avenida Aprenda Financial Goals Improve Organizational Efficiency Full Transparency of Financial Information Review of Existing Contracts/Consultants Identify Infrastructure Funding Support of Local Business Energy Audit of City Facilities Evaluate Core City Services Review City Fees Evaluate Employee Compensation Enhance Hybrid Zero Based Budgeting Enhance General Fund & Capital Improvement Plan Reserves Business Environment Goals Improve/Implement Western Avenue Specific Plans Streamline Business Openings Process Conduct Business Survey/Overview of Current Business Environment Evaluate Business Fees Create a Business Friendly Forum RPV Chamber of Commerce Subgroup Public Recreation Goals Shared Use of PVPUSD and City Facilities City Dog Park City Dog Beach Peninsula-Wide Financial Support of City Parks City Skate Park Trail System Enhancement Evaluate City Recreation Programs Miscellaneous Goals Consider the Use of Council Liaisons to Advisory Boards Eastview School District Issue Development Activity Goals City Council Minutes January 31, 2012 Page 6 of 13 Streamline Planning Review Process Monitor Ponte Vista Project in San Pedro Explore Options for Screening Cell Sites Evaluate City Tree Review Process Evaluate View Restoration Process Public Safety Goals SCE Infrastructure Safety & Reliability Focus on Crime Prevention Notification of Public Safety Issues Review Sheriff's Department Allocation of Assets Ensure Safety of Cal Water Facilities and Lines within Landslide Areas Forge Closer Relationship with Sheriff's Dept. Create Joint Powers Agency for Emergency Management (Peninsula-wide) Focus on Traffic Enforcement Increase Sheriffs Presence on South &West Sides of City Road Safety Awareness (Bikes, Motorcycle & Skateboards) Council discussion resulted in the removal of the following goals from the original list since those goals have been completed, are underway, or are addressed under another category: 1) Reinstate Recycling Grant Program; 2) Reduce Duration of Meetings; 3) Monitor FAA Airspace Proposal for Long Beach/LAX Noise Impacts; 4) Provide briefing on Redevelopment Agency; 5) Sheriff's Community Outreach (Attendance at Homeowners Meetings); 6) Review Fire Protection Services (Weed Abatement in compliance with the Fire Department); 7) Monitor Traffic Safety Commission Activity; 8) Complete Status Report on Civic Center Master Plan; and, 9) Revised City Website for More Public Interactions. In addition, Council discussion resulted in the removal of the following goals from the original list as they would be more appropriately discussed under the topic of Council Policies: 1) Evaluate Terranea Resort Fees; 2) Reevaluate No Solicitation Ordinance — it was noted that this item has been agendized; 3) Evaluate Temporary Non- Commercial Banner Program -- it was noted that staff will be placing this item on a future agenda; 4) Reconsider Position on LPG Butane Tanks in San Pedro; 5) Review Animal Control Contract (Road Kill Disposal and Trapping); and, 6) Updated Status of Current Park Improvement Initiatives. Council determined that the following item should be removed from the goal list and placed under the more appropriate topic of Council practices: Implement Town Hall Meetings. City Council Minutes January 31, 2012 Page 7 of 13 After the review and discussion of the topics, each Council Member was allocated three sets of colored dots with different valuations with which to designate their highest priority goals. RECESS AND RECONVENE: Mayor Misetich called a brief recess from 9:19 P.M. to 9:24 P.M. Goals Approach Mr. Wood stated that the next step in the process would be to provide the lists of prioritized goals to the City Manager and staff, who will identify the following: 1) Responsible Department; 2) Steps to Achieve the Goal; 3) Evaluation Criteria; 4) Time Table; and 5) Budget. He continued that the goals would then be presented to Council for adoption; then staff implements the goals and reports back to Council regarding the status; and concludes with Council evaluation and feedback. Mr. Wood pointed out that as staff works on the Council's goals they must deal with a dynamic environment which includes the following: Day-to-day responsibilities; Federal and State mandates and actions; New and arising issues; Tasks on Major Projects List; and Emergencies and Natural Disasters. Mr. Wood stated that efforts should be placed on the achievement of City Council's Top Goals. Discussion ensued among Council Members, Mr. Wood, and staff regarding the prioritized goals and the next steps in the process of determining the direction Council will to be given to staff. Lowell Wedemeyer, President of West Portuguese Bend Community Association, Rancho Palos Verdes, stated that he had concerns regarding the recent McCarrell Canyon fire and the control of the fire due to the access road in the Three Sisters Preserve which enabled the Fire Department to gain access to the location. He suggested that the Fire Safety Goal be expanded to include maintenance or improvement of fire access roads into the Nature Preserve. He noted that the Palos Verdes Peninsula Land Conservancy does not have the expertise or the funds to maintain fire roads, and suggested that the trail recently used by the Fire Department be re-categorized as a fire access road. Lenee Bilski, Rancho Palos Verdes, stated that under the category of Public Recreation Goals an item regarding Lower Pt. Vicente Park improvements was missing from the list. She stated that the City has an obligation to improve the 26 acres of property received from the Federal government. She noted that three of the current Council Members were present when National Park Service staff attended meetings in the City regarding Lower Pt. Vicente when that topic was on an agenda. She stated that the area needs the following: 1) Removal of invasive plants and overgrown bushes City Council Minutes January 31, 2012 Page 8 of 13 trimmed; 2) A sign indicating that the Lower Pt. Vicente site was a gift from the Federal government; and, 3) Native plants along the northern side for a wildlife corridor connection. She noted there were many qualified volunteer groups that are willing to work on trail improvements. She encouraged the Council to add Lower Pt. Vicente Park Improvements to the list of the Public Recreation Goals. Councilman Knight moved, seconded by Councilwoman Brooks, to direct staff to take the top ten priority goals and provide a quick summary and return to the City Council for discussion and provide the public with the opportunity to comment on the goals. Councilman Duhovic offered an amendment that the City Manager will provide to the City Council the top ten goals, preferably with the annotation on any of the goals that has a current Subcommittee, with commentary from the Council to be provided back to staff to create the list of items, with public feedback gathered in the interim. Councilman Knight, as the maker of the motion, and Councilwoman Brooks, as the seconder, accepted the amendment. Mayor Pro Tem Campbell offered an amendment that the staff not limit the list to the top ten goals, but instead look for a natural break where the interest level drops off possibly between eight to twelve top goals. Councilman Knight, as the maker of the motion, and Councilwoman Brooks, as the seconder, accepted the amendment. Councilman Duhovic added that a list be provided of the point tally for any goal that received points. Councilman Knight restated the motion to provide a summary of the top ten priority goals, while identifying where there was a clear natural cut off of interest (between 8-12 priorities), with a listing of the point tally for any goal receiving points, with commentary from the Council to be provided back to staff regarding the creation of the list of goals, which will then be brought back to a Council meeting with the opportunity for the public to provide comments on the goals. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: None ABSTAIN: None Mayor Pro Tem Campbell stated that he would like to withdraw the following two items from the agenda since they would be more appropriately considered during a discussion City Council Minutes January 31, 2012 Page 9 of 13 regarding policy items: a) Disclosure of Communications between City Manager and Council Members; and, b) Confidential Employee Workplace Survey. Discussion ensued between Council Members and Mr. Wood regarding a Team Building Workshop to include discussion of Team Building issues, City Council Policies, and Role Clarification. City Manager Lehr was directed to work with Mr. Wood to identify a date(s) for a Council Workshop regarding Team Building & City Council Policies. Councilwoman Brooks noted that it was 10:15 P.M. and moved, seconded by Councilman Duhovic, to continue the meeting until 11:00 P.M. Without objection, Mayor Misetich so ordered. 2012 Budget Process and Timeline Deputy Director of Finance/IT Downs provided a brief staff report regarding this item. Discussion ensued between Council Members and staff regarding the budgetary process. Councilwoman Brooks moved, seconded by Mayor Misetich, to directed staff to move forward with the preparation of a hybrid Zero-Base Budget process, including the preparation of expenditure summaries for the 30 General Fund Expenditure Programs. Discussion continued between Council Members and staff. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: None ABSTAIN: None Agency Shop Agreement between the City of Rancho Palos Verdes and the Rancho Palos Verdes Employees Association City Clerk Morreale reported that this item was removed from the Consent Calendar by Councilman Duhovic and late correspondence was distributed prior to the meeting on this item. Councilman Duhovic stated that he would like the language on Section 2 of the Agency Shop Agreement to be changed so that there is more latitude as to who will be City Council Minutes January 31, 2012 Page 10 of 13 negotiating on behalf of the City with the Union. He stated that the City Attorney had proposed some language to address this suggested change. City Attorney Lynch stated that the section would be amended to state "The City's principal management representatives shall implement and administer the terms of the Agency Shop Agreement on behalf of the City." Councilman Duhovic moved, seconded by Councilwoman Brooks, to amend Section 2 of the Agency Shop Agreement to state "The City's principal management representatives shall implement and administer the terms of the Agency Shop Agreement on behalf of the City." The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: None ABSTAIN: None Councilman Duhovic stated that after reviewing the documentation and participating in the informative exercise regarding Union Relations with Attorney Roy Clarke, he realized the City has a defacto Memorandum of Understanding (MOU) between the City and the Union. He continued that he desired the Council's support to direct the City Manager to memorialize the points that would be included in an MOU which would include all of the policies and procedures, Employee Manuals, and unwritten practices of the City. City Manager Lehr suggested that initially there should be a meeting to discuss the scope of the matter in order to gather information and understand the task at hand. Councilman Duhovic moved, seconded by Councilwoman Brooks, to direct the City Council Employee Compensation Subcommittee of Councilman Duhovic and Councilwoman Brooks to set a meeting with the City Manager to layout the structure of memorializing the de facto contract and move forward to create a Memorandum of Understanding. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: None ABSTAIN: None City Council Minutes January 31, 2012 Page 11 of 13 Mayor Pro Tern Campbell questioned why the Association should not be required to annually make available its financial transactions to the City and members of the Association. He inquired as to the value or real protection offered by the indemnification clause in the Agreement. City Attorney Lynch stated that the City was better off with an indemnification then without it, because the Association is agreeing to take responsibility for their administration of the fees they charge and they would hold the City harmless from any misappropriation of the organization. Mayor Pro Tem Campbell moved that the City receive annually the written financial report as set forth in paragraph nine of the Agency Shop Agreement and that the City Attorney consult with the Employee Association to identify the resources that support the indemnification clause in Item 13 of the Agency Shop Agreement. Discussion ensued between Council Members and staff regarding the motion and the motion was ruled out of order since the Agreement was not adopted. Councilman Duhovic moved, seconded by Councilwoman Brooks, to direct that the City Attorney consult with the Association to identify the resources that support the indemnification clause in Item 13 of the Agency Shop Agreement, with the item to be brought back to Council as early as the Tuesday, February 7 Council Meeting. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, and Mayor Misetich NOES: Knight ABSENT: None ABSTAIN: None CITY COUNCIL ORAL REPORTS: Mayor Pro Tem Campbell deferred his report until the next Council Meeting. Each of the other Council Members present reported on his/her attendance at various organization and association meetings since the last City Council Oral Reports were provided on January 17, 2012. CLOSED SESSION REPORT: There was no Closed Session held due to time constraints. ADJOURNMENT: City Council Minutes January 31, 2012 Page 12 of 13 At 10:59 P.M., Mayor Misetich adjourned the meeting to 6:00 P.M. on Thursday, February 2, 2012 for an Adjourned Regular Meeting to conduct an interview of the three newly elected City Council Members for an RPV TV Channel 33 Program. This interview is to be held at RPV TV Ch 33 located at the City's Television Studio at 30940 Hawthorne Blvd. ,,,v4t:Leth. 4401P ayor Attest: ( f City Clergy. 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