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CC MINS 20130319MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MARCH 19, 2013 The meeting was called to order at 6:00 P.M. by Mayor Brooks at Fred Hesse Community Park, 29301 Hawthorne Boulevard. RECESS TO CLOSED SESSION: At 6:00 P.M. the meeting was recessed into Closed Session, with all Council Members present. RECONVENE TO REGULAR SESSION FOR A STUDY SESSION: At 6:50 P.M., Mayor Brooks reconvened the meeting to Regular Session for a City Council Study Session. 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; Deputy Community Development Director Ara Mihranian; Kit Fox, Senior Administrative Analyst; and, Carla Morreale, City Clerk. PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA FOR THE STUDY SESSION: None. DISCUSSION TOPICS: Review of Tentative Agendas in Light of City Council Goals, Including Questions of Staff Discussion ensued among Council Members, staff, and City Attorney Lynch regarding items on the upcoming Council Meeting agendas as listed on the Tentative Agendas. Items were moved from the April 2, 2013 Council meetings to the May 21, 2013 Council meeting. Possible dates were discussed for the Ribbon - Cutting Ceremony for the San Ramon Canyon Stabilization Project and the Budget Workshop. Future Agenda Items Proposed by Council Members to be Prioritized: None. Mayor Brooks moved, seconded by Councilman Misetich, to receive and file the Tentative Agendas as amended. City Council Minutes March 19, 2013 Page 1 of 11 Without objection, Mayor Brooks so ordered. RECESS AND RECONVENE: Mayor Brooks called a brief recess from 7:01 P.M. to 7:11 P.M. REGULAR SESSION: 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; Joel Rojas, Community Development Director; Dennis McLean, Director of Finance /Information Technology (IT); Les Jones, Interim Director of Public Works; Deputy Community Development Director Ara Mihranian; Kathryn Downs, Deputy Director of Finance /IT; Kit Fox, Senior Administrative Analyst; Katie Howe, Administrative Analyst II; Emilio Blanco, Maintenance Supervisor; and, Carla Morreale, City Clerk. Also present were the following: Andrea Vona, Executive Director, Palos Verdes Peninsula Land Conservancy (PVPLC) and Danielle Lefer, Conservation Director, PVPLC. FLAG SALUTE: The Flag Salute was led by Boy Scout John Hilden, Troop No. 257. MAYOR'S ANNOUNCEMENTS: John Hilden, Boy Scout Troop No. 257, Rancho Palos Verdes, stated that he was working towards earning his Citizenship Merit Badge, noting that one requirement was to attend and observe a Town Meeting. RECYCLE DRAWING: Mayor Brooks announced Recyclers of the Month from the March 5, 2013 City Council meeting: Cheng -Long Kuo and Darlene Paris. 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. APPROVAL OF THE AGENDA: Councilman Misetich moved, seconded by Councilman Knight, to approve the agenda, as amended. The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks City Council Minutes March 19, 2013 Page 2 of 11 NOES: None ABSENT: None PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda) Ronald Williams, Rancho Palos Verdes, stated that he has concerns regarding the noise and venting of the exhaust from a neighbor's furnace and hot water heater. Minas Yerelian, Rancho Palos Verdes, stated that he would like the City Council to plant trees in the medians along Hawthorne Blvd., which will help improve the view, environment, and climate change. He added that street lights could be turned off after midnight to save energy and fund this project. Sunshine, Rancho Palos Verdes, provided comments. CITY MANAGER REPORT: Deputy City Manager Petru announced that on March 7, 2012, the City received a donation of a Ham Radio Repeater Donation from Harris Assured Communications for the City's Emergency Communications Center and congratulated Peninsula Volunteer Alert Network (PVAN) members for their efforts in identifying the donation opportunity. Brief comments were made by PVAN Members Diana Feinberg (also a member of the City's Emergency Preparedness Committee), Alan Soderberg and Dale Hanks and acknowledgments made for the efforts of Gary Lopes and Denzel Dyer. Captain Blaine Bolin, Lomita Station, Los Angeles County Sheriff's Department, provided a brief status report regarding a recent home invasion robbery in the City. He noted that Sheriffs personnel have been talking with neighbors in the area and there has been an increase in patrols of the neighborhood since the incident. City Manager Lehr provided a brief update regarding the City's 40th Anniversary, including the Gala at Terranea on May 5, 2013; events for the 4th of July celebration; and, VIP event to be held on September 7, 2013 at Trump National Golf Club. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: Councilman Misetich moved, seconded by Councilman Knight, to approve the Consent Calendar, as presented. 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 City Council Minutes March 19, 2013 Page 3 of 11 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 February 19, 2013 Regular Meeting; March 5, 2013 Adjourned Regular Meeting (Interviews); and March 5, 2013 Regular Meeting. Approve the Purchase of Two Vehicles with Air Quality Management District (AQMD) Funds for the Community Development Department (Supports 2013 City Council Goal No. 5: Government Efficiency, Fiscal Control and Transparency) Authorized the City Manager to execute a purchase contract with Wondries Chevrolet of Alhambra in the amount of $54,892.40 for the purchase of two Chevrolet Equinox, All Wheel Drive (AWD) vehicles and associated accessories, such as light bars and front door City logos. 2012 Annual Report on the Implementation of the Rancho Palos Verdes General Plan (Supports 2013 City Council Goals and Priorities as identified under Additional Information) Directed Staff to forward the City's Annual Progress Report on the implementation of the Rancho Palos Verdes General Plan in calendar year 2012 to the State Governor's Office of Planning and Research and to the Department of Housing and Community Development. 2012 Annual Report on the Implementation of the Rancho Palos Verdes Housing Element Directed Staff to forward the City's Annual Progress Report on the implementation of the Rancho Palos Verdes Housing Element for the 2012 calendar year to the Department of Housing and Community Development (HCD) and the State Office of Planning and Research (OPR). Household Hazardous and Electronic Waste Collection Program Site Liability Agreement with County of Los Angeles Authorized the Mayor and City Clerk to execute the Household Hazardous and Electronic Waste Collection Program Site Liability Agreement with the County of Los Angeles and County Sanitation District No. 2 of Los Angeles County. Register of Demands ADOPTED RESOLUTION NO. 2013 -137 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. City Council Minutes March 19, 2013 Page 4 of 11 REGULAR BUSINESS: Palos Verdes Nature Preserve — Adoption of the Public Use Master Plan (PUMP) (Supports 2013 City Council Goal — Trail System Enhancement) City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were 4 requests to speak regarding this item. Deputy Community Development Director Mihranian provided a brief summary of the two agenda items related to the Palos Verdes Nature Preserve. He then gave a staff report and PowerPoint presentation regarding the adoption of the PUMP document. He noted that staff would like to incorporate additional comments received from the public and return with an updated PUMP document on the April 2, 2013 Council meeting. John Wessel, Rancho Palos Verdes, stated that he was generally pleased with the PUMP document, and noted the purpose of the Preserve is to enjoy nature, restore the area, and allow the public to enjoy the Preserve. He commended staff for their work over the years. Troy Braswell, Rancho Palos Verdes, stated that he was on the PUMP Committee and is generally in favor of the PUMP document, although he would like to see a few minor changes. He thanked the Palos Verdes Peninsula Land Conservancy for their commitment of repair to trail work in the Preserve, acknowledged the importance of volunteers; and made a few minor suggestions regarding the PUMP document. Eva Cicoria, Rancho Palos Verdes, stated that she was on the PUMP Committee and submitted her comments to staff. She noted that her desire is to curtail activity in the Preserve that would limit access for everyone. Sunshine, Rancho Palos Verdes, stated that the PUMP is not a state mandated element of the Natural Communities Conservation Plan (NCCP). She opined that it overrides the City's Parks Master Plan and Trails Network Plan. Community Development Director Rojas stated that the NCCP does require the creation of a Public Use Master Plan and added that when the PUMP is completed Deputy Community Development Director Mihranian will begin working on the update to the City's Trails Network Plan. Discussion ensued among Council Members, staff, and City Attorney Lynch. Councilman Misetich moved, seconded by Councilman Knight, to continue its review of the Public Use Master Plan (PUMP) document for the Palos Verdes Nature Preserve to the April 2, 2013 Council Meeting to allow Staff to update the document with comments received from the public. Without objection, Mayor Brooks so ordered. RECESS AND RECONVENE: Mayor Brooks called a brief recess from 8:09 P.M. to 8:22 P.M. City Council Minutes March 19, 2013 Page 5 of 11 Palos Verdes Nature Preserve — Minimizing Trail User Conflicts (Supports 2013 City Council Goal — Trail System Enhancement) City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were 7 requests to speak regarding this item. Administrative Analyst II Howe provided a staff report and PowerPoint presentation regarding this item. She noted that staff would like to return with a revised Volunteer Trail Patrol Program for the Preserve at a future Council meeting. Discussion ensued among Council Members, staff, City Attorney Lynch, and PVPLC representatives. Deputy City Manager Petru, in response to a Council question, clarified that vandalism is a misdemeanor, and the maximum penalty for a misdemeanor is a $1,000 fine or 6 months in prison. She clarified that this language is on the draft Preserve Rules Signage. Danielle Lefer, Conservation Director, PVPLC, in response to a Council question, stated that there is damage or defacing of signs in the Preserve on a weekly basis. Barbara Ailor, PVPLC, Palos Verdes Estates, stated that she encouraged the Council to approve the Volunteer Trail Patrol Program (VTPP) since habitat protection is wholly dependent upon enforcement to be effective. She reminded everyone of the following: 1) The Preserve is not a park, but a nature preserve; 2) conservation is the prime direction under the NCCP; 3) the Preserve should be enjoyed by all; 4) volunteer trail patrols work well in other preserves, and should work well in our area; and, 5) many have expressed interested in volunteering to make the VTPP a success. Minas Yerelian, Rancho Palos Verdes, stated that the Preserve should be protected; noted concern with the use of bells and whistles which could frighten horses; and, opined that there should not be bikes allowed on the Preserve trails. Troy Braswell, Rancho Palos Verdes, stated that he is concerned with trail oversight and public input. He was in favor of the sign program, updating of trail markers, and noted that there is mixed opinion regarding the bell program. He provided suggestions and opined that a Trails Advisory Board could assist the City regarding issues that arise, so that the voice of the trail users is represented. Eva Cicoria, Rancho Palos Verdes, stated that the reason the Forrestal Advisory Committee was successful was that the concerns were shared with the mountain biking community and those bikers moved over to the Portuguese Bend Reserve, which resulted in the reduction in equestrian use in that particular area. She stated that kiosks would be something to incorporate into the plan, and -noted that the project is generally moving in the right direction. Sharon Yarber, Rancho Palos Verdes, asked if the VTPP would be under the auspices of the Community Development Department or the Recreation and Parks Department. She stated that she was in support of members of the public from the hiking, biking, and equestrian community participating on a Trails Advisory Committee with staff and the PVPLC. City Council Minutes March 19, 2013 Page 6 of 11 City Manager Lehr stated that the program would probably be under the Recreation and Parks Department, which is also the department that manages the Mountains Recreation and Conservation Authority Ranger contract. Nancy Wildman, Palos Verdes Peninsula Horseman's Association (PVPHA), Rolling Hills Estates, stated that the PVPHA supports the VTPP and will help to recruit volunteers for the program. Ken Swenson, PVPLC, Rancho Palos Verdes, stated that the PVPLC submitted a comment letter, noting that the purpose of the Preserve was for the habitat restoration and encouragement of endangered and threatened habitat. He stated he was in favor of hearing the concerns of the Preserve users; supported staff's recommendations; and noted signage, education and enforcement were critical to the success of the Preserve. Discussion ensued among Council Members, staff, and City Attorney Lynch. Councilman Knight moved, seconded by Mayor Pro Tem Duhovic, to adopt the staff recommendation to: 1) Receive and file an update report on the management tools used in the Palos Verdes Nature Preserve to minimize trail user conflicts; 2) Return with a revised Volunteer Trail Patrol Program for the Preserve; 3) Direct staff to convert un- programmed interpretive hours in the Mountains Recreation and Conservation Authority Contract to Preserve patrol hours; and, 4) Authorize staff to augment the PVPLC's trail signage responsibilities by including $10,500 of City monies in FY 13 -14 toward improving trail signage in the Preserve. Councilman Misetich offered an amendment directing staff to return with a plan to include public participation quarterly during meetings with staff and the PVPLC. Councilman Knight, as the maker of the motion, and Mayor Pro Tem Duhovic, as the seconder of the motion, accepted the amendment. The motion as amended was to adopt the staff recommendation to: 1) Receive and file an update report on the management tools used in the Palos Verdes Nature Preserve to minimize trail user conflicts; 2) Return with a revised Volunteer Trail Patrol Program for the Preserve; 3) Direct staff to convert un- programmed interpretive hours in the Mountains Recreation and Conservation Authority Contract to Preserve patrol hours; and, 4) Authorize staff to augment the PVPLC's trail signage responsibilities by including $10,500 of City monies in FY 13 -14 toward improving trail signage in the Preserve; and, 5) Direct staff to return with a plan to include public participation quarterly during meetings with staff and the PVPLC. The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks NOES: None ABSENT: None RECESS AND RECONVENE: Mayor Brooks called a brief recess from 9:34 P.M. to 9:48 P.M. City Council Minutes March 19, 2013 Page 7 of 11 Agricultural Use at Upper Point Vicente City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there was 1 request to speak regarding this item. Mayor Brooks suggested that the staff report be waived. Without objection, Mayor Brooks so ordered. Sunshine, Rancho Palos Verdes, stated that the proposal for the dry farming area was an old idea, noting that it did not interfere with the continuity of the habitat. She was in support of the continuance of the historic Hatano farming. Senior Administrative Analyst Fox reported that staff recently heard back from Mr. Seigenthaler of the National Park Service (NPS). He stated that Mr. Seigenthaler confirmed staff's assumption that there is no way to modify the existing agricultural use as being consistent with the Program of Utilization; and he provided information regarding the review and analysis of the process for initiating a conversion. Discussion ensued among Council Members, staff, and City Attorney Lynch. Mayor Pro Tern Duhovic moved, seconded by Councilman Misetich, to adopt the staff recommendation to: 1) Receive and file the status update on the renewal of the agricultural lease at Upper Point Vicente; and, 2) Direct Staff to continue the analysis of the process regarding the conversion of the property, and return with a report at a future Council meeting. The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks NOES: None ABSENT: None FY13 -14 Budget Policy Issues Deputy Director of Finance /IT Downs provided a staff report and PowerPoint presentation regarding this item. She noted that staff is asking for direction on the following: Budget Policy Issues, Revision to the City Council's Reserve Policy, and Services to be added to the Budget Menu exercise. Discussion ensued among Council Members, staff, and City Attorney Lynch as the different policy issues were presented. Median Maintenance Funding Mayor Pro Tem Duhovic moved, seconded by Mayor Brooks, to: 1) Proceed with Palos Verdes Drive West median improvements; and, 2) Defer Hawthorne median improvements. Without objection, Mayor Brooks so ordered. City Council Minutes March 19, 2013 Page 8of11 Councilman Misetich moved, seconded by Mayor Brooks, to use the Beautification fund balance to backfill FY13 -14 median maintenance. Without objection, Mayor Brooks so ordered. ADA Compliance Project Funding Councilman Knight moved, seconded by Councilman Misetich, to use Excess General Fund Reserves of $225,000 for FY 13 -14; plan for FY14 -15 and FY15 -16 subsidies of $150,000 per year if no other funding source is identified. Without objection, Mayor Brooks so ordered. Right -of -Way Rehabilitation as part of Residential Street Projects Councilman Misetich moved, seconded by Councilman Knight, to use Excess General Fund Reserves in the amount of $335,000 for FY13 -14 subsidy; and plan for ongoing funding decision in 2014. Without objection, Mayor Brooks so ordered. Improvement of the Quality of Live City Council Meeting Broadcasts Council and staff discussion ensued regarding the following: 1) Use of Excess General Fund Reserves in the amount of $185,000 to improve quality of broadcasts for replacement of lighting and backdrop, cameras, and mixing equipment; 2) Exploration of the early termination of Cox commitment, and begin broadcast responsibility prior to Oct 2015; and, 3) Begin analysis for possible PEG fee. Council decided that Improvements of the Quality of Live City Council Meeting Broadcasts could appear as a menu option during the Budget workshop. Without objection, Mayor Brooks so ordered. Councilman Campbell left the meeting at 10:56 P.M., after the discussion of this item. Abalone Cove Sewer Maintenance Subsidy Discussion ensued among Council Members and staff regarding this Budget Policy issue. Councilman Knight recused himself from this discussion and left the dais at 11:02 P.M. By acclamation, the Council decided to discuss the Abalone Cove Sewer Maintenance Subsidy budget policy issue during the Budget Workshop. At 11:03 P.M. Councilman Knight returned to the dais. Restoration of Public Works Deputy Director City Council Minutes March 19, 2013 Page 9 of 11 Discussion ensued among Council Members and staff regarding this Budget Policy issue. By acclamation, the Council deferred further discussion of this item until after the Matrix Report comes to the Council. Reserve Policy Discussion ensued among Council Members and staff regarding this Budget Policy issue. Councilman Misetich moved, seconded by Mayor Brooks, to approved staff recommendation to: 1) Amend Reserve Policy to require transfer of prior year favorable General Fund expenditure variances to the CIP Reserve; and, 2) Transfer $1.2 million to the Capital Improvement Projects Reserve for the FY11 -12 favorable expenditure variance. Without objection, Mayor Brooks so ordered. Current Service Levels Discussion ensued among Council Members and staff regarding this Budget Policy issue. Councilman Misetich moved, seconded Mayor Brooks, to repeat the 2012 City Council direction regarding which service level expenditures should be placed on the Menu for the City Council's Hybrid Zero -Based Budget exercise on April 30, 2013. In summary, the direction was to include the following: 1) Expenditures increasing more than 5% and $25,000 from the prior year; 2) Discretionary items, including current service levels of a discretionary nature; 3) Proposals to support the City Council's goals; 4) Other changes identified by staff; and, 5) Expenditures of $250,000 or more. Without objection, Mayor Brooks so ordered. FUTURE AGENDA ITEMS: The following items were raised by Council Members as future agenda items: Councilman Misetich requested an item be placed on a future agenda regarding an outreach program to residents to incorporate 100% participation in the Neighborhood Watch Program. CITY COUNCIL ORAL REPORTS: Mayor Brooks provided a brief report regarding items discussed at the recent West Vector Control Board meeting. Other Council Members deferred their reports to the next meeting. City Council Minutes March 19, 2013 Page 10 of 11 CLOSED SESSION REPORT: City Attorney Lynch reported that with respect to the threat of litigation regarding Cherine Medawar, and the existing litigation case titled Monks v. City of Rancho Palos Verdes, reports were provided to Council and no action was taken. RECESS TO CLOSED SESSION: At 11:19 P.M., City Attorney Lynch reported that the Council would be recessing to Closed Session to meet with the City's designated labor negotiators, Mr. Brown and Mr. Larson. RECONVENE TO OPEN SESSION: At 11:40 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 11:41 P.M., the meeting was adjourned. Attest: City Clerk WACity Council Min utps\2013\20130319 CC MINS.doc 1 • City Council Minutes March 19, 2013 Page 11 of 11