CC MINS 20130507 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
MAY 7, 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 7:02 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; Ara Mihranian, Deputy
Community Development Director; Ron Dragoo, Senior Engineer; Ryan Mills, Senior
Administrative Analyst; and, Carla Morreale, City Clerk.
FLAG SALUTE:
The Flag Salute was led by former Councilman and Mayor Douglas Stern.
MAYOR'S ANNOUNCEMENTS:
Mayor Brooks announced that May is National Building & Safety Month and May 19-25,
2013 is National Public Works Week.
Liz Brown-Swanson provided a video presentation regarding the history of the City of
Rancho Palos Verdes which was shared during the 40th Anniversary Celebration at
Terranea Resort on May 5, 2013.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
Mayor Brooks announced Recyclers of the Month from the April 16, 2013 City Council
meeting: Claudia Bishop and Garry Yefsky. 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.
City Council Minutes
May 7, 2013
Page 1 of 13
APPROVAL OF THE AGENDA:
Mayor Brooks reported that Councilman Misetich had requested that Item 4 (Renaming
of City Council Chambers in Honor of John McTaggart and Establishment of City "Wall
of Honor") be moved up on the agenda, to be heard immediately after the Consent
Calendar.
Councilman Misetich moved, seconded by Councilwoman Knight, to approve the
agenda, as amended.
Without objection, Mayor Brooks so ordered.
PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda)
Douglas Stern, Rancho Palos Verdes, offered his congratulations to the City Council,
City Staff, and volunteers that assisted with the City's 40th Anniversary Gala, and noted
that it was commendable that the residents still want to celebrate the incorporation of
the City after 40 years.
Minas Yerelian, Rancho Palos Verdes, stated that he recently watched a RPVtv video of
an interview of Mayor Brooks and Mayor Pro Tem Duhovic and noted that the Council
does a great amount of work and deserves a raise. He inquired as to the status of the
negotiations with the Employees Labor Union, and opined that representatives of the
Union should come to a Council meeting to express their demands.
CITY MANAGER REPORT:
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding this item.
City Manager Lehr provided an update regarding the Sheriff's Contract Budget as
discussed at the April 30th Council meeting. She explained there were no cuts made to
the Sheriff's contract as a result of the budget adjustment approved by the Council on
March 5, 2013.
Discussion ensued among Council Members and staff.
City Manager Lehr provided a report regarding the success of the City's 40th
Anniversary Gala Celebration held on May 5, 2013, at Terranea Resort with nearly 350
people in attendance. She extended thanks to all staff members and volunteers who
helped contribute to the success of the event.
NEW BUSINESS:
City Council Minutes
May 7, 2013
Page 2 of 13
APPROVAL OF CONSENT CALENDAR:
Mayor Pro Tern.Duhovic requested that Item I (RPV Infrastructure Report Card Project)
be removed from the Consent Calendar for separate consideration.
Mayor Pro Tern Duhovic moved, seconded by Councilman Misetich, to approve the
Consent Calendar, as amended, with Item No. I (RPV Infrastructure Report Card
Project) removed from the Consent Calendar to be heard immediately after the 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
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 April 16, 2013 Adjourned Regular Meeting/Groundbreaking
Ceremony and the April 16, 2013 Regular Council Meeting.
March 2013 Monthly Report of Cash Balances
Received and filed the March 2013 Monthly Report of Cash Balances for the City of
Rancho Palos Verdes.
Professional Services Agreement with KOA Corporation
1) Authorized the Mayor and City Clerk to execute a Professional Services Agreement
with KOA Corporation to provide engineering design services for the realignment of the
eastern end of Palos Verdes Drive South (approximately 900 feet) at the eastern most
boundary of the Portuguese Bend Landslide; and, 2) ADOPTED RESOLUTION NO.
2013-20, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, AMENDING RESOLUTION 2012-43, THE BUDGET
APPROPRIATION FOR FISCAL YEAR 2012-13, FOR A BUDGET ADJUSTMENT TO
THE CITY'S PORTUGUESE BEND ROAD MAINTENANCE PROGRAM WITHIN THE
STREET MAINTENANCE FUND, IN THE AMOUNT OF $41,425 AND AUTHORIZING
EXPENDITURE OF THIS AMOUNT FOR DESIGN SERVICES.
City Council Minutes
May 7, 2013
Page 3 of 13
Adoption of Ordinance No. 545 to Require Annual Budget Document (Supports
2013 City Council Goal of Government Efficiency, Fiscal Control and
Transparency)
ADOPTED ORDINANCE NO. 545, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, AMENDING CHAPTER 3.32 (BUDGET ADMINISTRATION) OF THE
RANCHO PALOS VERDES MUNICIPAL CODE TO RESCIND THE PROVISIONS
REGARDING THE TWO-YEAR BUDGET CYCLE.
Notice of Completion for the Blackhorse Road (Phase 1) CDBG ADA Compliance
Project (Supports 2013 City Council Goal of Public Infrastructure — Citywide
Street Maintenance)
1) Accepted the work as complete; 2) Authorized the City Clerk to file a Notice of
Completion with the L.A. County Registrar-Recorder Office and if no claims are filed
within 35 days after recordation, and upon the contractor posting an acceptable
warranty bond, notice the surety company to exonerate the Payment bond; and,
3) Authorized the Director of Public Works to release the 10% retention payment in the
amount of$5,564.70 to Crownline General Contractors 35 days after recordation of the
Notice of Completion by the L.A. County Recorder contingent upon no claims being filed
on the project and the contractor posting an acceptable warranty bond.
Award Contract for Public Works Inspection Services
1) Awarded a technical services agreement to Charles Abbott &Associates for public
works inspection services on an as-needed basis in the amount not to exceed $55,000
for FY12-13, $75,000 for FY13-14, and $75,000 for FY14-15; and, 2) Authorized the
Mayor and City Clerk to execute the agreement.
Award Professional Services Contract for Preparation of Pavement Management
System Update
1) Awarded a professional services agreement to Bucknam Infrastructure Group, Inc.
for preparation of the Pavement Management System Update in the amount not to
exceed $44,224; and, 2) Authorized the Mayor and City Clerk to execute the
agreement.
RPV Infrastructure Report Card Project (Supports 2013 City Council Goal of
Public Infrastructure)
This item was removed from the Consent Calendar for separate consideration.
Approval of a One-Year License Agreement between the City and the Portuguese
Bend Cooperative Nursery School
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May 7, 2013
Page 4 of 13
Approved and authorized the Mayor to execute the agreement between the City and the
Portuguese Bend Cooperative Nursery School.
Register of Demands
ADOPTED RESOLUTION NO. 2013-21, 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:
Renaming of City Council Chambers in Honor of John McTaggart and
Establishment of City "Wall of Honor"
City Clerk Morreale reported that there was late correspondence distributed prior to the
meeting and there was one request to speak regarding this item.
Mayor Brooks reported that this item was initially presented by Mayor Pro Tem Duhovic
at a Study Session last month.
Douglas Stern, Rancho Palos Verdes, stated that he submitted a letter to the City
Council regarding this item, served with Councilman McTaggart the last four years of his
20 years of service to the City, and supported the renaming of the Multi-Purpose Room
in honor of John McTaggart.
Mayor Pro Tern Duhovic provided a report regarding the Renaming of the City Council
Chambers in Honor of John McTaggart.
Discussion ensued among Council Members.
Councilman Misetich moved, seconded by Mayor Pro Tem Duhovic, to approve the
renaming of the Fred Hesse, Jr. Community Park Multi-Purpose Room in honor of John
McTaggart, as the John McTaggart Memorial Hall and Council Chambers, as suggested
by Mayor Pro Tern Duhovic on April 16, 2013 as the following: A) Approve the renaming
of the Fred Hesse, Jr. Community Park Multi-Purpose Room the John McTaggart
Memorial Hall and Council Chambers; B) Denote the new name with a tasteful placard
at the entrance to the chambers; and, C) Ensure that if and when the Council Chambers
are ever relocated, said Chambers will continue to be named in honor of Mr. McTaggart.
The motion passed on the following roll call vote:
AYES: Campbell, Duhovic, Knight, Misetich and Mayor Brooks
NOES: None
City Council Minutes
May 7, 2013
Page 5 of 13
ABSENT: None
Florence (wife) and Michael (son) McTaggart thanked the Council for this honor and
commented on John McTaggart's years of service to the City.
Council discussion continued regarding the inclusion of a line item in the FY 2013-14
budget for the establishment of a "Wall of Honor," as set forth in City Council Policy No.
37.
Mayor Brooks moved, seconded by Councilman Campbell, to include a line item in the
FY 2013-14 Budget for the establishment of a "Wall of Honor," as set forth in City
Council Policy No. 37.
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 declared a brief recess from 8:06 P.M. to 8:22 P.M. Without objection,
Mayor Brooks so ordered.
PUBLIC HEARINGS:
Marymount California University Facilities Expansion Project - Extension of the
Time Period for Completion of Phase 1 (Case No. ZON2003-00317) / 30800 Palos
Verdes Drive East
City Clerk Morreale reported that notice of the public hearing was duly published, written
protests included in the staff report and late correspondence distributed prior to the
meeting, and there were seven requests to speak regarding this item.
Mayor Brooks declared the public hearing open.
Deputy Community Development Director Mihranian provided a report and PowerPoint
presentation regarding the construction status of the Parking Lot Expansion Project, and
the components of the three Phases of the Marymount California University Facilities
Expansion Project. He concluded that staffs recommendation was to deny the Phase
Extension which was requested by the applicant.
Dr. Michael Brophy, President, Marymount California University, provided an update
report and PowerPoint presentation regarding the improvements at the Marymount
California University located in Rancho Palos Verdes, and facilities in San Pedro and
City Council Minutes
May 7, 2013
Page 6 of 13
north of Sacramento. He provided a status update regarding Phase 1 construction;
requested the extension of the Phase 1 Project in order to complete the third
component of the project; provided an update regarding the temporary parking lot; and,
spoke in support of the proposed changes to the Athletic Field. He added that the
Athletic Field would have a smaller footprint, but be larger in size to serve the students
in the National Association of Intercollegiate Athletics (NAIA); and commented on the
University's open door policy to community organizations and groups.
Don Davis, Counsel, Marymount California University, spoke in support of the granting
of the extension of Phase 1 as requested by Marymount California University. He
added that the University should be granted an extension based on provisions in
Section 17.60.070 of the Municipal Code, which governs time limits to commence
permitted uses and extensions; noted that Marymount must be afforded a reasonable
opportunity to commence the use before the City Council affirmatively acts to void the
entitlement; opined that Marymount's original request for a one year extension was
reasonable based on the size and nature of the campus Master Plan Project; and,
concluded that Marymount submitted a complete grading permit for the revised athletic
field plans and plans to immediately commence construction under a permit when the
Council takes action on the revised plans.
City Attorney Lynch clarified that in Section 17.86.070 of the Municipal Code is the
section that addresses the meaning of commence upon use. She noted that any permit
or approval becomes null and void unless the applicant commences upon the permitted
use within the time period specified, unless another provision of that Title or a provision
of the approval or permit itself provides a different period for the permit at issue. She
added that the Code allows the Council to set up project specific timeframes in the
Conditions of Approval, as is the case with the Marymount project; and that vested
rights go with aboveground construction, which has not taken place, nor has a building
permit, which is required, been issued to the applicant.
Gregory Lash, CCC/ME, Rancho Palos Verdes, spoke in support of the CCC/ME
position regarding this matter, noting that his letter to the Council was included in late
correspondence.
Jim Gordon, Rancho Palos Verdes, stated that the issue of a revised athletic field was a
known possibility to Marymount California University in 2010, adding that the University
delayed the project many times, and noted concerns with safety and potential traffic
problems with the revised athletic field and number of students enrolled. He noted
concerns with the changes to the athletic field and opined that it made no sense to
proceed with an Environmental Impact Report (EIR) for the revised field which studies
the impact of the removal of 17,000 cubic yards because it destroys the entire basis of
the original Conditional Use Permit and EIR.
Bob Nelson, Rancho Palos Verdes, stated that he was in support of the extension of the
time period for the completion of Phase 1 of the Marymount California University
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May 7, 2013
Page 7 of 13
Facilities Expansion Project, as the City's General Plan states the City shall encourage
the development of institutional facilities to serve the political, social, and cultural needs
of its citizens; develop recreational facilities; and encourage the building of playing fields
to be used by various groups on City, school sites or private land; and should
encourage additional institutions of higher education.
Sharon Yarber, Rancho Palos Verdes, spoke in support of Marymount's request for an
extension of the time period for the completion of Phase 1, opining that it causes no
harm.
Mark Wells, stated that he is also known as M. Richards (theater name), Murrieta, and
commented on three components of the Phase 1 of the Marymount California University
Facilities Expansion Project; the temporary parking lot; and elements of Phase 2 and
Phase 3 that cannot be built based on the revised athletic field plans. He opined that
the extensions and delays from Marymount or the City are significant and should be
taken in account, and commented on what he understood to be a threat of a lawsuit this
evening.
Discussion ensued among Council Members and staff.
RECESS AND RECONVENE:
Mayor Brooks called a brief recess from 9:19 P.M. to 9:26 P.M.
Dr. Brophy, in rebuttal, stated that Marymount California University needs the extension
to allow for the completion of Phase 1. He noted that the parking lots were built based
on traffic and parking surveys that discussed the public's use of the campus and athletic
fields. He noted that if the extension is not granted, it would be a detriment to the
university and the students.
Discussion ensued among Council Members and Dr. Brophy.
Mr. Davis added that the University is requesting the extension request, since some of
the delays have been caused by the City. He requested that the City expedite the
process to afford the University the opportunity to move forward more quickly on the
project. Mr. Davis discussed the process regarding deadlines, extensions and the
expiration of permits.
Additional discussion ensued among Council Members, staff and the applicant.
Mayor Brooks declared the public hearing closed.
Councilman Misetich moved, seconded by Councilman Knight, to: Receive and file a
report on the construction status of the Parking Lot Expansion Project.
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May 7, 2013
Page 8 of 13
The motion passed on the following roll call vote:
AYES: Campbell, Duhovic, Knight, Misetich and Mayor Brooks
NOES: None
ABSENT: None
Councilman Knight moved, seconded by Councilman Misetich, to: Extend the use of
the temporary parking lot until Staff determines that the permanent parking lot has been
completed.
The motion passed on the following roll call vote:
AYES: Campbell, Duhovic, Knight, Misetich and Mayor Brooks
NOES: None
ABSENT: None
Councilman Campbell moved, seconded by Mayor Pro Tem Duhovic, to: Grant the
Phase 1 Extension Request until September 30, 2013.
The motion passed on the following roll call vote:
AYES: Campbell, Duhovic, Knight, Misetich and Mayor Brooks
NOES: None
ABSENT: None
REGULAR BUSINESS:
Marymount California University - Award of Contract for Consultant Services to
Prepare an Environmental Document for the City that Assesses the
Environmental Impacts of the University's Request to Reconfigure the 2010
Council Approved Athletic Field
City Clerk Morreale reported that there were four requests to speak and late
correspondence was distributed prior to the meeting regarding this item.
Mayor Brooks provided introductory remarks regarding this item.
Deputy Community Development Director Mihranian provided a brief staff report
regarding the award of a Professional Services Agreement with Rincon to prepare an
environmental document that assesses the potential impacts associated with the
revised athletic field.
Discussion ensued among Council Members, staff and City Attorney Lynch.
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May 7, 2013
Page 9 of 13
Councilman Misetich moved, seconded by Councilman Knight, to extend the meeting to
11:00 P.M.
Without objection, Mayor Brooks so ordered.
Lois Karp, CCC/ME, Rancho Palos Verdes, stated that the redesign of the field presents
a new proposal, noting that this change adds on to the previous Environmental Study.
She commented on the changes that were made to all of the parameters of the original
RFP, including modification from a College to a University and a request to increase the
enrollment capacity to 1200 students. She stated that the project should be redefined to
address all of the changes, such as traffic, parking, enrollment, and other environmental
issues, so that the correct information will be obtained to make appropriate decisions.
George Zugsmith,, CCC/ME, Rancho Palos Verdes, requested that the letting of the
RFP be deferred; commented on the timing for the completion of the permanent parking
lot with an extension for removal of the temporary lot; and added that Marymount has
the right to request and pay for an extension, but opined that the permanent lot should
be completed before that occurs.
Jack Karp, Rancho Palos Verdes, questioned comments by Mr. Davis regarding a
potential lawsuit; commented on the manner in which the construction of the parking lot
was conducted; and expressed concern regarding parking problems at the University if
enrollment is increased.
Jim Gordon, Rancho Palos Verdes, stated that there is a problem with the enrollment
reports provided by Marymount University. He noted that these reports need to be
corrected as they are invalid and are in conflict with some of the Conditions of Approval
for the project.
Mr. Davis stated that a decision on the enrollment should not be discussed under the
Brown Act. Mr. Davis clarified that he has high regard and respect for the efforts of
staff, but noted that he sometimes has an issue with the process. He added that the
application before Council is focused on the athletic field and noted the merits of the
athletic field will be considered at a future time.
Dr. Brophy stated that they look forward to submitting future enrollment reports
supporting that the University is in compliance with the Conditions of Approval for the
project.
Discussion ensued among Council Members, staff and the applicant.
Councilman Knight moved, seconded by Councilman Campbell, to approve the staff
recommendation to: Authorize the Mayor and the City Clerk to sign a Professional
Service Agreement with Rincon Consultants, Inc., to prepare an Environmental
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May 7, 2013
Page 10 of 13
Document for the City that assesses the environmental impacts of the University's
request to reconfigure the 2010 Council approved Athletic Field.
The motion passed on the following roll call vote:
AYES: Campbell, Knight, and Misetich
NOES: Duhovic and Mayor Brooks
ABSENT: None
Draft 2013 Five-Year Capital Improvement Plan (Supports 2013 City Council Goals
of Public Infrastructure & Government Efficiency, Fiscal Control and
Transparency)
Mayor Brooks suggested waiving the staff report on this item due to the lateness of the
hour.
Discussion ensued among Council Members and staff.
Councilman Knight noted the time and stated that there was the need for a motion to go
beyond 11:00 P.M.
Mayor Brooks suggested that the Council adjourn the meeting no later than 11:30.
Without objection, Mayor Brooks so ordered.
RECESS AND RECONVENE:
Mayor Brooks called a brief recess from 11:00 P.M. to 11:09 P.M.
Senior Administrative Analyst Mills provided a brief staff overview of the Proposed
FY13-14 Capital Improvement Plan document.
The City Council reviewed the Draft 2013 Five-Year Capital Improvement Plan and
discussion ensued among Council Members and staff.
Councilman Knight moved, seconded by Councilman Misetich, to adopt staff
recommendation to: Approve Staffs recommendation for projects to be included in the
draft FY13-14 budget.
The motion passed on the following roll call vote:
AYES: Campbell, Duhovic, Knight, Misetich and Mayor Brooks
NOES: None
ABSENT: None
Filling of Staffing Vacancies
City Council Minutes
May 7, 2013
Page 11 of 13
Mayor Brooks provided a brief statement regarding this item coming forward after the
completion of the organizational assessment by Matrix.
Discussion ensued among Council Members and staff.
Mayor Pro Tem Duhovic moved, seconded by Councilman Knight, to approve the staff
recommendation to: Receive and file the list of staff recruitments, as a result of the
completion of Pension Revisions and the Citywide Organizational Assessment, and
authorize Staff to immediately initiate the process to fill the positions in the manner
prioritized by Staff.
The motion passed on the following roll call vote:
AYES: Duhovic, Knight, and Mayor Brooks
NOES: Campbell and Misetich
ABSENT: None
ITEM REMOVED FROM THE CONSENT CALENDAR:
RPV Infrastructure Report Card Project (Supports 2013 City Council Goal of
Public Infrastructure)
City Clerk Morreale reported that this item was removed from the Consent Calendar for
separate consideration by Mayor Pro Tem Duhovic.
Mayor Pro Tem Duhovic stated that he was in support of the concept presented, but
noted that he had a few questions he would like to discuss with staff in the future.
Mayor Brooks moved, seconded by Councilman Misetich, to approve the staff
recommendation to: 1) Award contract to SA Associates to prepare the City of Rancho
Palos Verdes Infrastructure Report Card in accordance with the American Society of
Civil Engineers (ASCE) guidelines in an amount not to exceed $46,000 and authorize
staff to spend up to a maximum of$3,500 for possible additional work, for a total
authorization of$49,500; and, 2) Authorize the Mayor and City Clerk to execute the
contract with SA Associates.
The motion passed on the following roll call vote:
AYES: Campbell, Duhovic, Knight, Misetich and Mayor Brooks
NOES: None
ABSENT: None
FUTURE AGENDA ITEMS:
City Council Minutes
May 7, 2013
Page 12 of 13
None.
CITY COUNCIL ORAL REPORTS:
Without objection, the City Council Oral Reports were deferred to the next regular
meeting.
CLOSED SESSION REPORT:
City Attorney Lynch reported on the following Closed Session item: With respect to the
existing litigation in the case of Monks v. City of Rancho Palos Verdes, a report was
provided and no action was taken by the City Council.
ADJOURNMENT:
Mayor Brooks moved, seconded by Mayor Pro Tem Duhovic, to adjourn the meeting.
Without objection, Mayor Brooks adjourned the meeting at 11:55 P.M.
- , .
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Attest:
City Clerk
W:\City Council Minutes\2013\20130507 DRAFT CC MINS.doc
City Council Minutes
May 7, 2013
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