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CC MINS 20120605MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JUNE 512012 The meeting was called to order at 6:00 P.M. by Mayor Misetich at Fred Hesse Community Park, 29301 Hawthorne Boulevard, and was immediately recessed into Closed Session. The meeting reconvened at 7:14 P.M. 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; Dennis McLean, Director of Finance /Information Technology; Joel Rojas, Community Development Director; Tom Odom, Director of Public Works; Kathryn Downs, Deputy Director of Finance /Information Technology; Kit Fox, Senior Administrative Analyst; Lauren Ramezani, Senior Administrative Analyst; Ryan Mills, Senior Administrative Analyst; Matt Waters, Senior Administrative Analyst; and, Carla Morreale, City Clerk. Also present were Mark Doddy, RPV TV Station Manager, and Maria Serrao, RPV TV Producer. FLAG SALUTE: The Flag Salute was led by Community Development Director Rojas. MAYOR'S ANNOUNCEMENTS: Deputy City Manager Petru announced that there was a technical difficulty with the Live Feed broadcast and although the meeting was being video recorded, it was not currently being broadcast live. She added that an engineer with the cable company had been contacted to help resolve the issue. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Misetich announced Recyclers of the Month from the May 15, 2012 City Council meeting: Walter Barnes and Julie Biggs. 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 valued at $59.95. City Council Minutes June 5, 2012 Page 1 of 11 APPROVAL OF THE AGENDA: Councilwoman Brooks suggested that Item No. 6 (Fiscal Year 2012 -13 Budget Meeting No. 3) be moved up on the agenda to follow immediately after the Consent Calendar. Councilwoman Brooks moved, seconded by Mayor Pro Tern Campbell, to approve the agenda, as amended. Without objection, Mayor Misetich so ordered. PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda) Laura Walters, Local Community Liaison, Los Angeles County Fire Department, announced that the Los Angeles County Fire Department will be providing hands -only Cardio Pulmonary Resuscitation (CPR) instruction on Thursday, June 7, 2012 from 3:00 -7:00 P.M. throughout Los Angeles County. She reported that the local event would be held at Ralphs Grocery Store located at Crest Road and Hawthorne Blvd. She added that she had placed a supply of the Ready, Set, Go booklets on the table in the lobby, which contain information regarding fire regulation compliance with the brush clearance near homes and the annual deadline for this work of June 1St CITY MANAGER REPORT: City Manager Lehr invited Mark Doddy and Maria Serrao of RPV TV to provide an overview of the station programs and work they do with the City's RPV TV Channel. Mark Doddy, RPV TV Station Manager, and Maria Serrao, RPV TV Producer, provided a video presentation of the many local events, sports, news, and other topics highlighted on RPV TV Channel 33. Margaret Lenker, Intern at RPV TV and Peninsula High Graduating Senior, stated that she has worked as an intern at RPV TV for two years and shared her experience regarding the many areas in which she has gained knowledge, skill and confidence through her education at RPV TV. Mickee Engl, Graduating Senior, Rancho Del Mar student, stated that she has attended RPV TV classes through her independent study curriculum and shared her experience of the knowledge, direction, and confidence she has gained through having this educational opportunity with RPV TV. Jarel and Betty Wheaton, Peninsula Seniors Volunteers, Rancho Palos Verdes, shared their personal comments and observations regarding their experience over the last five years with RPV TV as they have covered topics for Peninsula Seniors, hospice patients, and others. They highlighted the importance of the different community events showcased on RPV TV including local government meetings, local events and other City Council Minutes June 5, 2012 Page 2 of 11 issues of local interest, and added that RPV TV and City staff provide excellent management and programming of the station. City Manager Lehr provided a brief update regarding recent Southern California Edison issues and announced that Southern California Edison Representative Marvin Jackmon would be attending one of the future Council meetings to provide an update regarding replacement of infrastructure along Western Avenue, power outages, and local fires in the City since 2005. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that late correspondence regarding Item No. D (Border Issues Status Report) was distributed prior to the meeting. Mayor Misetich stated that he had a brief inquiry related to the Register of Demands regarding an insufficient funds check and how a voided check would affect the balance of any fund. Finance Director McLean explained the meaning of an insufficient funds check and defined how a voided check would increase the fund balance of an account, as if the check was never written. Councilwoman Brooks moved, seconded by Mayor Pro Tern Campbell, to approve the Consent Calendar. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich 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 March 21, 2012 Adjourned Regular Meeting and the May 157 2012 Regular Meeting. Claim Against the City by Nora Lum City Council Minutes June 5, 2012 Page 3of 11 Rejected the claim and directed staff to notify the claimant. Border Issues Status Report Received and filed the current report on the status of Border Issues. April 2012 Monthly Report of Cash Balances Received and filed the April 2012 Monthly Report of Cash Balances for the City of Rancho Palos Verdes. Register of Demands ADOPTED RESOLUTION NO. 2012 -40, 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. REGULAR NEW BUSINESS: Fiscal Year 2012 -13 Budget Meeting No. 3 (Supports 2012 City Council Goal of Government Efficiency, Fiscal Control, and Transparency) City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were four requests to speak regarding this item. Councilwoman Brooks stated that she received a copy of an email sent by Mayor Pro Tern Campbell to the non - profit organizations regarding the possibility that grants would not be extended. She added that Council had unanimously agreed in May to continue the second year of the grant program. Deputy Director of Finance /IT Downs provided a brief staff report regarding the Fiscal Year 2012 -13 Budget. Discussion ensued between Council Members and staff. Ken Dyda, Rancho Palos Verdes, stated that the improvement to public safety is important but he inquired if there were performance standards through the Los Angeles County Sheriff Department contract. He noted that in the past there was a Sheriff deputy assigned to City Hall who taught the Student and the Law Program at the High School. He recommended that the Council include performance standards it might be interested in attaining such as response times in the upcoming contract. City Council Minutes June 5, 2012 Page 4 of 11 Deputy City Manager reported that the Sheriffs Department does have performance standards including response times, an analysis of Part 1 and Part 2 Crime Rates as compared with the Los Angeles County area, a traffic enforcement index, and regular interface with staff regarding the deployment of resources to address traffic issues throughout the City. Discussion ensued between Council Members and staff. Renee Cartwright, President, Los Serenos de Pt. Vicente Docents, Rancho Palos Verdes, stated that she was pleased to hear that the grant would be continued for this second year. She noted she was appreciative of the Council's generosity in extending the grant and introduced next years' President, Daniel Crane. Daniel Crane, Treasurer and future President, Los Serenos de Pt. Vicente, shared his recent experiences with students on the last Los Serenos hike of the year at the Forrestal Nature Preserve, noting the importance of this type of experience for the visitors. He thanked the Council for its support. Tina Harris, Executive Director, South Bay Children's Health Center, thanked the Council for the continuation of funding for the next year which provides mental health services to the students at the three local high schools, Palos Verdes High School, Peninsula High School, and Rancho del Mar High School. John Merrvman, South Bay Family Health Care, stated that his organization has been the recipient of Community Development Block Grant Funding for a number of years and thanked the Council for the support over the years, noting his organization serves the low income, uninsured, and underinsured residents of the City Discussion ensued between Council Members and staff. Mayor Misetich moved, seconded by Councilwoman Brooks, to approve the staff recommendation to: Direct Staff to prepare a resolution to adopt the City's FY12 -13 budget on June 19, 2012, that includes Staffs proposed adjustments to the draft FY12- 13 budget and the proposed spending plans for all other funds of the City. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: None PUBLIC HEARINGS: General Plan Amendment, Zone Change, Height Variation Permit, Grading Permit and Environmental Assessment (Case No. ZON2010- 00025) for a Property City Council Minutes June 5, 2012 Page 5 of 11 Located at 10 Chaparral Lane (Supports 2012 City Council Goal —City Trail Systems Enhancement) [Continued from April 17, 2012] City Clerk Morreale reported that this was a public hearing continued from April 17, 2012. Councilman Knight moved, seconded by Councilwoman Brooks, to approve the staff recommendation to: Continue the public hearing on the proposed application package to July 17, 2012, to allow the applicant additional time to address geotechnical issues raised by the City Geologist related to the project's proposed septic system. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: None RECESS AND RECONVENE: Mayor Misetich called a brief recess from 8:26 P.M. to 8:37 P.M. After the recess, Deputy City Manager Petru announced that the technical difficulty had been resolved, and the Council meeting was being broadcast live. Residential Solid Waste and Recycling Rate Adjustments for EDCO Disposal Corporation for Fiscal Year 2012 -13 City Clerk Morreale reported that notice of the public hearing was duly published, no written protests received, and there were no requests to speak regarding this item. Mayor Misetich declared the public hearing open. Senior Administrative Analyst Ramezani provided a brief staff report and PowerPoint presentation regarding this item. Discussion ensued between Council Members and staff. In response to a question from Council, City Attorney Lynch explained that under State law, the Council should establish the maximum rate of 2.3% to avoid problems with Proposition 218. She noted that the Waste Hauler has the flexibility to charge anything up to that maximum rate. Mayor Misetich declared the public hearing closed. City Council Minutes June 5, 2012 Page 6 of 11 Councilman Knight moved, seconded by Councilman Duhovic, to approve the staff recommendation to: 1) Approve the maximum permissible rates that EDCO Disposal Corporation can charge single - family and multi - family customers in Fiscal Year 2012- 13; and, 2) Increase the City's FY 12 -13 Collector and Environmental Fees, paid by EDCO, by $10,850 and $2,745, respectively. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: None Residential Solid Waste and Recycling Rate Adjustments Request by Universal Waste Systems, Inc. for Fiscal Year 2012 -13 City Clerk Morreale reported that notice of the public hearing was duly published, no written protests received, and there were no requests to speak regarding this item. Mayor Misetich declared the public hearing open. Senior Administrative Analyst Ramezani provided a brief staff report and PowerPoint presentation regarding this item. Discussion ensued between Council Members and staff. Mayor Misetich declared the public hearing closed. Councilwoman Brooks moved, seconded by Councilman Knight, to approve the staff recommendation to: 1) Approve the maximum permissible rates that Universal Waste Systems, Inc. can charge single - family automated curbside customers in FY 12 -13. These maximum rates are to match EDCO Disposal Corporation's single - family automated carts maximum rates; 2) Approve the maximum permissible rates that Universal Waste Systems, Inc. can charge multi - family, manual backyard and manure customers in FY 12 -13; and, 3) Match Universal Waste Systems, Inc.'s allocation of Collector Fee and Environmental Fee percentages among City funds, to EDCO Disposal Corporation's approved allocation of percentages. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: None REGULAR BUSINESS: City Council Minutes June 5, 2012 Page 7 of 11 Draft 2012 Five -Year Capital Improvement Plan (Supports 2012 City Council Goals of Public Infrastructure & Government Efficiency, Fiscal Control, and Transparency) Director of Finance /IT McLean provided an introduction to this item and introduced Senior Administrative Analyst Mills. Senior Administrative Analyst Mills provided a brief staff report regarding this item. Discussion ensued between Council Members and staff. Mayor Pro Tern Campbell left the dais at 9:31 P.M. and returned at 9:34 P.M. Councilwoman Brooks moved, seconded by Councilman Knight, to: 1) Receive and file the draft 2012 Five -Year Capital Improvement Plan (CIP); and, 2) Directed staff to return to Council in two weeks with a prioritized list of the funded and unfunded projects in the current FY 2011 -12 Budget. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: None Draft 2012 Five -Year Financial Model (Supports 2012 City Council Goal of Government Efficiency, Fiscal Control, and Transparency) City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding this item. Deputy Director of Finance /IT Downs provided a brief staff report regarding the Draft 2012 Five -Year Financial Model which reflects the current revenue stream and spending plan. Willie Wang, Chair, Finance Advisory Committee (FAC), provided an explanation regarding the following four recommendations made by the FAC to: 1) Adopt a balanced budget for FY12 -13; 2) Consider a reduction in the budgeted amount for legal services; 3) Consider a percentage reduction in the budgeted grants to non - profit organizations for FY12 -13, and elimination of such grants in future years; and, 4) Review the entire budget (not just the Menu items addressed at the budget workshop) when considering expenditure reductions. Dora de la Rosa, Member, FAC, thanked the Council for the opportunity to review the tasks that have been assigned to the FAC. She added that the items included in the City Council Minutes June 5, 2012 Page 8 of 11 FAC's recommendation were those items that they identified as being worthy of additional review, including the budget and new labor costs. Discussion ensued among Council Members, FAC Members, and staff. Councilwoman Brooks moved, seconded by Councilman Duhovic, to approve the staff recommendation to: Receive and file the Finance Advisory Committee's recommendation to City Council, and the draft 2012 Five -Year Financial Model (2012 Model). The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: None City's Reserve Policy (Supports 2012 City Council Goal of City Reserve Policy) City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding this item. Mayor Misetich reported that he had suggested this item be presented to the FAC for consideration and invited FAC Member de la Rosa and FAC Chair Wang to provide an explanation regarding the FAC's position. Ms. de la Rosa reported that she and John Stillo were on a subcommittee that examined the City's Reserve Policy and noted the City currently exceeds its Reserve Policy by maintaining more than 50 percent of the annual operating expenditures in the General Fund. She commented on the following FAC recommendations: 1) Maintain current General Fund Reserve policy of 50% of annual expenditures; and, 2) The Reserve Policy should be periodically supported through a formal quantitative and qualitative risk assessment. She concluded that keeping the General Fund Reserve Policy at its current level of 50 percent was the proper action, with the understanding that the Council could retain as much as they desired in that Fund. Mr. Wang added that adopting a Reserve Policy and then making frequent changes to that Policy might invite questions from an outsider regarding the reasons for the changes. He noted that at some point the qualitative analysis of the Reserve Policy should be reviewed. Mayor Pro Tern Campbell moved, seconded by Councilwoman Brooks, to: 1) Receive and file the Finance Advisory Committee's Memorandum to City Council dated May 23, 2012, and the updated Fiscal Risk Analysis outlined herein; and, 2) Make no changes to the City's Reserve Policy at this time. City Council Minutes June 5, 2012 Page 9 of 11 The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: None Mayor Misetich moved, seconded by Councilwoman Brooks, pursuant to the Council Rules of Procedure to continue the meeting to 11:00 P.M. Without objection, Mayor Misetich so ordered. Proposals Received from Request for Qualifications for Information Technology Consulting Firm (Supports City Council 2012 Goal for Government Efficiency, Fiscal Control, and Transparency) Director of Finance /IT McLean provided a brief staff report regarding this item. Terry Hackelman, Managing Principal, NexLevel, stated that NexLevel representatives would be interested in speaking with the Council Members at the beginning of the project to gain an understanding of the Council's vision of technology and how it is integrated with the City. Discussion ensued between Council Members and staff. Councilwoman Brooks moved, seconded by Councilman Knight, to: 1) Select NexLevel to serve as the City's Information Technology ( "IT ") consulting firm in accordance with the direction established by the City Council on February 7, 2012; and, 2) Approve the attached Professional Services Agreement (PSA) between the City and NexLevel Information Technology, Inc., in an amount not to exceed $15,000. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: None Proposed Fireworks Display Off of Terranea Resort Senior Administrative Analyst Waters provided a brief staff report regarding this item. Councilwoman Brooks moved, seconded by Councilman Duhovic to adopt the staff recommendation to: Approve a permit for the June 24, 2012 fireworks display off of Terranea Resort by Pyro Spectaculars, Inc., subject to conditions of approval. The motion passed on the following roll call vote: City Council Minutes June 5, 2012 Page 10 of 11 AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: None FUTURE AGENDA ITEMS: Mayor Misetich reported that he would be bringing a future agenda item to the next Council Meeting regarding the City's Trail Plan. Councilwoman Brooks reported that she and Councilman Duhovic are working together regarding the Performance Audit, have received two bids and are waiting for a third, and hope to bring the item to the next Council Meeting. 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 April 17, 2012. CLOSED SESSION REPORT: City Attorney Lynch reported on the following Closed Session items: 1) The Council began the City Manager's Performance Evaluation, no action was taken, and the evaluation was continued to the Closed Session on July 3, 2012; and, 2) With respect to the Conference with Labor Negotiators, a report was provided and unanimous direction was given to the City's negotiators with respect to an upcoming meeting with the Employee Association, with all Council Members present for the Closed Session. ADJOURNMENT: At 10:53 P.M., Mayor Misetich adjourned the meeting to 6:00 P.M. on Tuesday, June 19, 2012 for a City Council Adjourned Regular Meeting /Study Session to be held at Fred Hesse Community Park. t Attest: nQayor City Clerk WACity Council Minutes\2012\20120605 CC MINS.doc City Council Minutes June 5, 2012 Page 11 of 11