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CC MINS 20130205MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING FEBRUARY 5, 2013 The meeting was called to order at 6:00 P.M. by Mayor Brooks at Fred Hesse Community Park, 29301 Hawthorne Boulevard, and was immediately recessed into Closed Session. The meeting reconvened at 7:03 P.M. City Council roll call was answered as follows: PRESENT: Campbell, Duhovic, Knight, Misetich and Mayor Brooks 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; Les Jones, Interim Director of Public Works; Kit Fox, Senior Administrative Analyst; Sean Robinson, Interim Human Resources Manager; Steve Larson, Designated Labor Negotiator; and, Carla Morreale, City Clerk. FLAG SALUTE: The Flag Salute was led by Recreation Services Manager Holly Starr. CEREMONIAL: Mayor Brooks introduced Recreation Services Manager Starr who announced the Whale of a Day Poster Contest Winners for 2013. She noted that the posters would be on display in the Sunset Room at Pt. Vicente Interpretive Center during the Whale of a Day event on March 2, 2013. Mayor Brooks thanked Recreation Services Manager Starr and longtime docent Jo Woods for their work with the Whale of a Day poster contest program. City Manager Lehr and Deputy City Manager /Interim Director of Recreation and Parks Petru announced that Recreation Services Manager Starr has worked for the City of Rancho Palos Verdes for 25 years, thanked her for her service, and presented her with her 25 -Year Service Pin. MAYOR'S ANNOUNCEMENTS: Mayor Brooks provided comments regarding the proposed Clean Water, Clean Beaches Fee, noting that the Board of Supervisors public hearing date regarding this proposed City Council Minutes February 5, 2013 Page 1 of 8 fee has been continued to March 12, 2013. She encouraged residents wishing additional information to contact the Board of Supervisors office. Mayor Brooks announced that the meeting would be adjourned in the memory of a local young man, Sean Heffernan, who recently lost his life. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Brooks announced Recyclers of the Month from the May 1, 2013 City Council meeting: John Heron, Jr. and Steve Soldoff. She 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. She 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: Councilman Knight moved, seconded by Councilman Misetich, to approve the agenda, as presented. Without objection, Mayor Brooks so ordered. PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda) Ken Dyda, Rancho Palos Verdes, stated that at a recent Past Mayor's Luncheon, City Manager Lehr announced that the City's signature event for the 40th Anniversary would be held on May 5, 2013. He opined that the signature event should be held instead on the date of the incorporation of the City, which is September 7th. He added that recognition of those involved in the City's incorporation should be of a general nature, listing organizations and adjacent cities that were involved, instead of individuals. Laura Walters, Los Angeles County Fire Department, provided an announcement regarding recent home fires caused by poorly maintained fireplaces and chimneys. She stated that residents should have spark arrestors on the top of the chimney and that regular maintenance should be performed on fireplaces and chimneys. She added that only wood should be burned in fireplaces, not cardboard, paper or magazines. CITY MANAGER REPORT: City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding this agenda item. Kathy McCune, Deputy Program Manager, Los Angeles County Metro Express Lanes, provided a brief report and PowerPoint presentation regarding the new Metro Express Lanes program on the Interstate 110 and 10 Freeways. City Council Minutes February 5, 2013 Page 2of8 Discussion ensued among Council Members, speaker and staff. Mayor Brooks moved, seconded by Councilman Campbell, to approve the signing of a letter, as suggested by the South Bay Cities Council of Governments, in support of waiving the monthly maintenance fee for users of the Express Lanes. The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Knight, Misetich and Mayor Brooks NOES: None ABSENT: None City Manager er Lehr provided an update regarding the City's 40th Anniversary plans. Discussion ensued among Council Members and staff. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: Councilman Campbell requested that Item F (Median Maintenance Budget Adjustment FY 12 -13) be removed from the Consent Calendar. Councilman Misetich moved, seconded by Councilman Campbell, to approve the Consent Calendar, with Item No. F (Median Maintenance Budget Adjustment FY 12 -13) removed from the Consent Calendar and to be heard after Regular Business. The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Knight, Misetich and Mayor Brooks NOES: None ABSENT: None Motion to Waive Full Reading Adopt 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 Approve the Minutes of the January 8, 2013 Adjourned Regular Meeting and the January 15, 2013 Adjourned Regular Meeting. City Council Minutes February 5, 2013 Page 3of8 Adoption of Ordinance No. 544 — Massage Establishments and Technicians ADOPTED ORDINANCE NO. 5441 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE REGARDING THE REGULATION OF MASSAGE ESTABLISHMENTS AND TECHNICIANS. December 2012 Monthly Report of Cash Balances Received and filed the December 2012 Monthly Report of Cash Balances for the City of Rancho Palos Verdes. Gifts for Parks Accepted Gifts for Parks donations and directed staff to prepare donor letters of appreciation for the Mayor's signature. Median Maintenance Budget Adjustment FY 12 -13 This item was removed from the Consent Calendar for separate consideration. Approve Agreements with ICMA -RC as the Replacement Plan Administrator of the Existing Retirement Health Savings Plan 1) Authorized the Mayor to sign the Adoption Agreement, Trust Agreement and Administrative Services Agreement between the City and ICMA -RC, the proposed replacement plan administrator of the existing retirement health savings plan; and, 2) ADOPTED RESOLUTION NO. 2013 -03, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ADOPTING A RETIREE HEALTH SAVINGS PLAN AND 115 TRUST. Register of Demands ADOPTED RESOLUTION NO. 2013 -041 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 BUSINESS: Appointments to the Traffic Safety Commission and Emergency Preparedness Committee City Council Minutes February 5, 2013 Page 4 of 8 City Clerk Morreale reported that the City Council conducted interviews of applicants on January 15 and January 29, 2013 and distributed ballots for the Council's selection of three members for the Traffic Safety Commission and two members for the Emergency Preparedness Committee. After one round of balloting, the Council appointed David Kramer, Jessica Vlaco and James Guerin to the Traffic Safety Commission, each with a four year term of office until February 5, 2017. After one round of balloting, the Council appointed Diana Feinberg and Marty Foster to the Emergency Preparedness Committee, each with a four year term of office until February 5, 2017. Border Issues Status Report City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there was one request to speak regarding this item. Mayor Pro Tern Duhovic moved, seconded by Councilman Campbell, to waive the staff report. Without objection, Mayor Brooks so ordered. Jeanne Lacombe, Rancho Palos Verdes, stated that it is unacceptable that Rancho LPG is delaying the release of their insurance information to the public. She added that Rancho LPG has also not released their emergency plan to the public. Discussion ensued among Council Members, staff and the speaker. By acclamation, the Council took the following action: 1) Received and filed the current report on the status of Border Issues with direction to staff for a request.for insurance information from Rancho LPG and the City of Los Angeles; and, 2) Staff directed to obtain follow -up on the required reporting requirements regarding flare -ups and leaking butane tanks at the Rancho LPG facility. Steve Highter, Supervising Engineer, Sanitation Districts of Los Angeles County and Project Manager, Clearwater Program, provided a report and PowerPoint presentation g regarding the Clearwater Program which concentrates on the joint outfall system managing 400 million gallons of waste water a day. RECESS AND RECONVENE: Mayor Brooks called a brief recess from 8:42 P.M. to 8:53 P.M. City Council Minutes February 5, 2013 Page 5of8 Discussion ensued among Council Members and the speaker regarding the proposed Clearwater Program. By acclamation, the presentation was received and filed. Completion of Pension Revision Process and Status of Vacant Positions City Clerk Morreale reported that there was one request to speak regarding this matter. City Manager Lehr introduced Interim Human Resources Manager Sean Robinson, noting that the City would be retaining Steve Larson, who was also present that evening, on a part -time basis. Interim Human Resources Manager Robinson provided a brief staff report regarding this item. Sharon Yarber, Rancho Palos Verdes, stated that the City has retained a consultant currently reviewing City staffing, efficiencies and other issues. She suggested it would be fiscally prudent to wait for the completion of that process before hiring additional staff. She raised concerns with the City's fiscal health when factoring in the unknowns regarding the City's infrastructure, the City's unfunded pension liability, and the impact of negotiations with the Employee Association. Discussion ensued among Council Members, staff, and the speaker. Mayor Brooks moved, seconded by Councilman Knight, to allow the recruitment for Position 1 (Senior Administrative Analyst — Emergency Services, City Manager's Office), Position 2 (Human Resources Manager, City Manager's Office), and Position 3 (Staff Assistant II, City Clerk's Office) and allow staff to move forward with the preliminary recruitment process on the other four staff positions, with direction to the City Manager to return to Council before any decisions or offers are made. Discussion continued among Council Members, staff, and the speaker. Mayor Pro Tern Duhovic moved a substitute motion, seconded by Councilman Knight, to direct staff to move forward with the recruitment for Position 1 (Senior Administrative Analyst — Emergency Services, City Manager's Office) and Position 3 (Staff Assistant II, City Clerk's Office), and direct staff to initiate the preliminary recruitment process on the other five staff positions listed in the staff report, with direction to the City Manager to return to Council before any decisions or offers are made. The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Knight, Misetich and Mayor Brooks NOES: None ABSENT: None City Council Minutes February 5, 2013 Page 6of8 ITEM REMOVED FROM THE CONSENT CALENDAR: Median Maintenance Budget Adjustment FY 12 -13 City Clerk Morreale reported that Councilman Campbell requested that this item be removed from the Consent Calendar for separate consideration. Councilman Campbell stated that he requested this item be removed from the Consent Calendar for clarification of the date when the Recycling Fund rebate should begin. Discussion ensued among Council Members, City Attorney Lynch and staff. Councilman Campbell moved, seconded by Mayor Pro Tern Duhovic, to remove this item from the agenda until the Solid Waste Subcommittee meets with staff to work out the mechanics of how to wrap up the Beautification Grant Program on February 18, 2013, and returns to Council with its recommendation. Discussion continued among Council Members and staff. Mayor Pro Tern Duhovic moved, seconded by Councilman Knight, to reaffirm that the retroactive date for the refund of Recycling money to the residents was to be January 1, 2013, and that the mechanics of the refund be discussed by the Solid Waste Subcommittee on February 18, 2013, with the Subcommittee to return to the Council with its recommendation. The motion passed on the following roll call vote: AYES: Duhovic, Knight, Misetich and Mayor Brooks NOES: Campbell ABSENT: None FUTURE AGENDA ITEMS: Councilman Knight stated that the Future Agenda item regarding the Business- Exposition could be removed from the list, as he would be working with stiff regarding this item. The following items were raised by Council Members as future agenda itrls: Mayor Brooks requested an item be placed on a future agenda regarding an invocation at the start of the City Council meetings. CITY COUNCIL ORAL REPORTS: City Council Minutes February 5, 2013 Page 7 of 8 Each Council Member reported on his /her attendance at various organization and association meetings since the last City Council Oral Reports were provided on January 15, 2013. CLOSED SESSION REPORT: City Attorney Lynch reported that with respect to the Closed Session item titled Nakamura, et al. v. Southern California Edison Case, a report was provided and the City Council gave unanimous direction to the City Attorney's Office (4 -0), with Councilman Campbell absent from the Closed Session. RECESS TO CLOSED SESSION: At 10:18 P.M., City Attorney Lynch reported that the Council would be recessing to Closed Session. RECONVENE TO OPEN SESSION: At 10:59 P.M., the Council reconvened to Open Session. CLOSED SESSION REPORT: Labor Attorney Brown reported that the Council gave direction to its Labor Attorney and there was no reportable action taken. ADJOURNMENT: At 11:00 P.M., the meeting was adjourned in the memory of Sean Heffernan. Attest: , 1 City Clerk WACity Council Minutes\2013\20130205 CC MINS.doc v C t Ma or City Council Minutes February 5, 2013 Page 8of8