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CC MINS 20120821MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING AUGUST 21, 2012 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. RECESS TO CLOSED SESSION: At 6:00 P.M. the meeting was recessed into Closed Session. RECONVENE TO REGULAR SESSION FOR A STUDY SESSION: At 6:46 P.M., Mayor Misetich reconvened the meeting to Regular Session for a City Council Study Session, with all Council Members present. 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; Jim Hendrickson, 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: Public comments were considered prior to discussion of the individual items. DISCUSSION TOPICS: SS1. Review of Tentative Agendas in Light of City Council Goals, including questions of staff (Annotated Version of the City Council 2012 Goals & Priorities - attached for reference). Discussion ensued among Council Members, City Attorney Lynch, and staff regarding topics on the Tentative Agendas, the status of those items that were removed and the dates to which some of the items were rescheduled. There was discussion regarding the status of the following two items for upcoming agendas: Adopt -a- Median Program and Beautification Program. SS2. Future Agenda Items Proposed by Council Members to be Prioritized City Council Minutes August 21, 2012 Page 1 of 10 Consideration of Changing the Name of Ocean Trails Drive to Trump National Drive Mayor Pro Tern Campbell provided an explanation of the proposal to change the name of the main street into the Trump National Golf Course from Ocean Trails Drive to Trump National Drive. There was general discussion regarding this item. Councilwoman Brooks moved, seconded by Mayor Pro Tern Campbell, to bring this item forward on a future agenda. Without objection, Mayor Misetich so ordered. Rancho LPG Butane Storage Facility City Clerk Morreale noted that there were two requests to speak regarding this item and that each speaker would be allowed one minute to speak regarding Study Session items. Jeanne Lacombe, Rolling Hills Riviera Homeowners Association (HOA), Rancho Palos Verdes, stated that she was present to show support to encourage federal, state and local authorities to review the LPG Facility and reports provided regarding the facility. Jody James, San Pedro Peninsula Homeowners United, Inc. and San Pedro Peninsula Homeowners Coalition, stated that there were concerns regarding the hazards of the facility. Councilwoman Brooks provided a brief explanation of this item and safety concerns regarding the LPG Tank facility and the proposal to bring this item forward as a future agenda item. Discussion ensued among Council Members, staff, and City Attorney Lynch regarding jurisdictional issues related to the Rancho LPG facility. Councilwoman Brooks moved, seconded by Councilman Duhovic, to bring this item forward on a future agenda, with City staff directed to work with staff members of City of Los Angeles Councilman Buscaino's office in order to gather information regarding this topic. Without objection, Mayor Misetich so ordered. RECESS AND RECONVENE: Mayor Misetich called a brief recess from 7:32 P.M. to 7:46 P.M. REGULAR SESSION: City Council Minutes August 21, 2012 Page 2 of 10 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; James Hendrickson, Interim Director of Public Works; Amy Seeraty, Associate Planner; Andy Winje, Associate Engineer; and, Carla Morreale, City Clerk. FLAG SALUTE: The Flag Salute was led by Ken Dyda. MAYOR'S ANNOUNCEMENTS: None. RECYCLE DRAWING: Mayor Misetich announced Recyclers of the Month from the August 7, 2012 City Council meeting: James Chiu and Ray Seager. 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. APPROVAL OF THE AGENDA: City Clerk Morreale noted the approval of the agenda would include the approval of the Addendum to the agenda, to add two Closed Session items. Councilwoman Brooks moved, seconded by Councilman Duhovic, to approve the agenda, as amended to include the Addendum. Without objection, Mayor Misetich so ordered. PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda) None. CITY MANAGER REPORT: None. City Council Minutes August 21, 2012 Page 3 of 10 NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding Item No. G (Second Tier 2% @ 60 Retirement Benefit Formula Resolution of Intention); Item I (Register of Demands); and Item J (Designation of City of Rancho Palos Verdes Representative to Miss California USA 2013 Pageant); and there were requests to speak regarding Item H (San Ramon Canyon Stabilization Project — Intent to Reimburse Expenditures with Bond Proceeds) and Item I (Register of Demands). Councilman Knight noted that he would like to suggest a modification to the Minutes of the July 31, 2012 Adjourned Regular Meeting to reflect his additional comments regarding factors that affect the budgets of other cities. Councilman Duhovic requested that Item G (Second Tier 2% @ 60 Retirement Benefit Formula Resolution of Intention) and Item J (Designationof City of Rancho Palos Verdes Representative to Miss California USA 2013 Pageant) be removed from the Consent Calendar. Mayor Misetich reported that he was removing Item J (Designation of City of Rancho Palos Verdes Representative to Miss California USA 2013 Pageant) from the Consent Calendar to be redirected to the Future Agenda Items. Councilman Knight moved, seconded by Councilwoman Brooks, to approve the Consent Calendar, with the Minutes as amended; Item Nos. G, H, I, and J removed from 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, as amended, of the July 31, 2012 Adjourned Regular Meeting. City Council Minutes August 21, 2012 Page 4 of 10 Gifts for Parks Accepted Gifts for Parks donations and directed staff to prepare donor letters of appreciation for the Mayor's signature. Award Contracts - Miraleste Plaza Storm Drain Improvements Project (Supports 2012 City Council Goal for Public Infrastructure) 1) Approved the plans and specifications for the Miraleste Plaza Storm Drain Improvements Project; 2) Authorized the Mayor and City Clerk to execute a construction agreement to MG Enterprises, Inc. in an amount of $196,400; and authorized a construction contingency of $20,000 (approximately 10 %) for a total construction authorization of $216,400; and, 3) Authorized the Mayor and City Clerk to execute a professional services agreement with Merit Civil Engineering in an amount not to exceed $24,975 for construction staking, construction management and inspection services. Letter of Concern Regarding Proposed Mandatory Organics Diversion Legislation Authorized the Mayor to send a letter on behalf of the City of Rancho Palos Verdes to California legislators expressing concern regarding the proposed mandatory organics diversion legislation. Approval of a One -Year License Agreement between the City and the Portuguese Bend Cooperative Nursery School Authorized the Mayor and City Clerk to execute a one -year license agreement between the City and the Portuguese Bend Cooperative Nursery School for the 2012 -2013 school year. Second Tier 2% @ 60 Retirement Benefit Formula Resolution of Intention (Petru) This item was removed from the Consent Calendar for separate consideration. San Ramon Canyon Stabilization Project — Intent to Reimburse Expenditures with Bond Proceeds (Supports 2012 City Council Goal for Public Infrastructure) This item was removed from the Consent Calendar for separate consideration. Register of Demands This item was removed from the Consent Calendar for separate consideration. City Council Minutes August 21, 2012 Page 5 of 10 Designation of City of Rancho Palos Verdes Representative to Miss California USA 2013 Pageant Mayor Misetich requested that this item be removed from the Consent Calendar and discussed during the Future Agenda items. The City's Continued Compliance with the Provisions of the Ralph M. Brown Act ADOPTED RESOLUTION NO. 2012 -577 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ADOPTING A POLICY THAT THE CITY WILL CONTINUE TO COMPLY WITH THE REQUIREMENTS OF THE BROWN ACT THAT HAVE BEEN SUSPENDED FOR THREE YEARS BY THE STATE OF CALIFORNIA, AS SET FORTH IN AB 1464 AND SB 1006. ITEMS REMOVED FROM THE CONSENT CALENDAR: San Ramon Canyon Stabilization Project — Intent to Reimburse Expenditures with Bond Proceeds (Supports 2012 City Council Goal for Public Infrastructure) City Clerk Morreale reported that there was one request to speak on this item. Ken Dyda, Rancho Palos Verdes, stated that the Reserve Fund was for the purpose of funding unanticipated projects that arise which are not part of the General Fund Program, such as the San Ramon Canyon Stabilization Project. He noted that he was in favor of the City using the Reserve Funds to pay for the balance of the project, beyond the grant monies received, instead of the City considering going out for a bond. Discussion ensued between Council Members, staff, and City Attorney Lynch regarding the item not obligating the City, but allowing the City to seek reimbursement from the bond proceeds should the Council decide in the future to issue a bond. Councilwoman Brooks moved, seconded by Councilman Duhovic, to waive the staff report and approve the staff recommendation to: ADOPT RESOLUTION NO. 2012 -58, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, DECLARING OFFICIAL INTENT PURSUANT TO SECTION 1.150 -2 OF THE TREASURY REGULATIONS WITH RESPECT TO THE BOND FINANCING OF A STORM DRAIN PROJECT. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: None City Council Minutes August 21, 2012 Page 6of10 Register of Demands City Clerk Morreale reported that there was one request to speak on this item. Ken Dvda, Rancho Palos Verdes, stated that one taxing agency (the City) should not be granting $10,000 to another taxing agency (the Palos Verdes Peninsula Library District- the Youth Annex). Councilman Duhovic inquired about the fuel modification charges on the Register of Demands. Discussion ensued among Council Members and staff regarding the use of goats for fuel modification and weed abatement under the direction of the Fire Department. Councilman Duhovic moved, seconded by Councilman Knight, to adopt the staff recommendation to: ADOPT RESOLUTION NO. 2012 -59, 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. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: None PUBLIC HEARING: Special Assessment for Nuisance Abatement Costs at 3527 Heroic Drive City Clerk Morreale reported that notice of the public hearing was duly published, written protests included with the staff report, and there were no requests to speak regarding this item. Mayor Misetich declared the public hearing open. Associate Planner Seeraty provided a brief staff report. Discussion ensued among Council Members, staff and City Attorney Lynch regarding the view preservation process and nuisance abatement costs. Mayor Misetich declared the public hearing closed. City Council Minutes August 21, 2012 Page 7 of 10 Councilwoman Brooks moved, seconded by Councilman Knight, to approve the staff recommendation to: ADOPT RESOLUTION NO. 2012 -601 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CONFIRMING THE ASSESSMENT ASSOCIATED WITH THE NUISANCE ABATEMENT COSTS FOR THE REAL PROPERTY LOCATED AT 3527 HEROIC DRIVE AND DIRECTING THE RECORDATION OF THE LIEN THEREFOR; which includes confirming the proposed special assessment of $4,754.12 upon finding that the assessment has been correctly made and all applicable provisions of Title 8 Chapter 24 of the Rancho Palos Verdes Municipal Code (RPVMC) have been complied with, and directed staff to execute and file in the office of the Los Angeles County Recorder a Notice of Lien certificate on the property at 3527 Heroic Drive in order to recover the City's abatement costs. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: None Second Tier 2% @ 60 Retirement Benefit Formula Resolution of Intention City Clerk Morreale reported that Councilman Duhovic had requested this item be removed from the Consent Calendar. She noted that late correspondence was distributed regarding this item prior to the meeting. Councilman Duhovic inquired as to the time line on the process, noting that the Second Tier 2% @ 60 Retirement Benefit Formula was established by the previous Council. He inquired if the program was status quo now that the RPV Employees Association was formed. He noted his vote in favor of this item does not signify his acquiescence to the numbers, methodology and backup supporting the item. Councilwoman Brooks concurred with Councilman Duhovic's comments. City Attorney Lynch noted that the Second Tier 2% @ 60 Retirement Benefit Formula was status quo. Discussion ensued among Council Members, staff and City Attorney Lynch. Councilman Knight moved, seconded by Councilman Duhovic, to approve the staff recommendation to: ADOPT RESOLUTION NO. 2012 -611 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION, CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF RANCHO PALOS VERDES. The motion passed on the following roll call vote: City Council Minutes August 21, 2012 Page 8of 10 AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: None FUTURE AGENDA ITEMS: The following items were raised by Council Members as future agenda items: Rancho Palos Verdes Business Exposition (Knight) Fraud, Waste and Abuse Hotline (Duhovic) Coastal Vision Plan Update including an Outreach to the community regarding use of Lower Pt. Vicente (Knight) City Maintenance Yard —View, Location, and Safety Issues (Campbell) Uniform Aesthetic Guidelines for Wall Repairs along Arterial Roads (Campbell) Designation of City of Rancho Palos Verdes Representative to Miss California USA 2013 Pageant —the Council agreed that discussion and action will be taken at the next Study Session — (Misetich) 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 August 7, 2012. CLOSED SESSION REPORT: City Attorney Lynch reported on the following Closed Session items: 1) With respect to the City Manager's Performance Evaluation, discussion had not yet occurred and would be held at the conclusion of the Regular meeting; 2) With respect to the Potential Initiation of Litigation by the City, the Council voted unanimously (5 -0) not to initiate litigation, so there will be no further action regarding that item; 3) With respect to the Conference with Labor Negotiators, a report was given and unanimous direction was provided to the City's negotiators (4 -0), with Mayor Pro Tem Campbell not yet present. RECESS TO CLOSED SESSION: At 9:33 P.M., the Mayor recessed the meeting into Closed Session to discuss the last Closed Session item. RECONVENE TO REGULAR SESSION: At 11:40 P.M., the Mayor reconvened the meeting into Regular Session. CLOSED SESSION REPORT: City Council Minutes August 21, 2012 Page 9 of 10 City Attorney Lynch reported that with respect to the City Manager's Performance Evaluation, discussion was held and the Performance Evaluation was completed. ADJOURNMENT: At 11:42 P.M., Mayor Misetich adjourned the meeting. yor Attest: City Clerk WACity Council Minutes12012\20120821 CC MINS.doc City Council Minutes August 21, 2012 Page 10 of 10