CC MINS 20141021 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
OCTOBER 21, 2014
The meeting was called to order at 6:00 P.M. by Mayor Duhovic at Fred Hesse
Community Park, 29301 Hawthorne Boulevard, and was immediately recessed into
Closed Session.
RECONVENE TO REGULAR SESSION FOR A STUDY SESSION:
At 7:01 P.M., Mayor Duhovic reconvened the meeting to Regular Session for a City
Council Study Session.
City Council roll call was answered as follows:
PRESENT: Brooks, Campbell, Knight, Misetich, and Mayor Duhovic
ABSENT: None
Also present were Carolynn Petru, Acting City Manager; Carol Lynch, City Attorney;
Joel Rojas, Community Development Director; Michael Throne, Director of Public
Works; Cory Linder, Director of Recreation and Parks; Kathryn Downs, Deputy Director
of Finance; Nicole Jules, Deputy Director of Public Works; Sean Robinson, Human
Resources Manager; and, Carla Morreale, City Clerk.
PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA FOR THE STUDY
SESSION:
None.
DISCUSSION TOPICS:
Review of Tentative Agendas and 2014 Goals and Priorities
Discussion ensued among Council Members and staff regarding items on the upcoming
Council Meeting agendas as listed on the Tentative Agendas.
Councilwoman Brooks moved, seconded by Mayor Pro Tem Knight, to approve the
Tentative Agendas, as amended.
Without objection, Mayor Duhovic so ordered.
RECESS AND RECONVENE:
Mayor Duhovic called a brief recess from 7:10 P.M. to 7:15 P.M.
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October 21, 2014
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Without objection, Mayor Duhovic so ordered.
REGULAR SESSION:
City Council roll call was answered as follows:
PRESENT: Brooks, Campbell, Knight, Misetich, and Mayor Duhovic
ABSENT: None
Also present were Carolynn Petru, Acting City Manager; Carol Lynch, City Attorney;
Dennis McLean, Director of Finance; Joel Rojas, Community Development Director;
Michael Throne, Director of Public Works; Cory Linder, Director of Recreation and
Parks; Ara Mihranian, Deputy Community Development Director; Kathryn Downs,
Deputy Director of Finance; Nicole Jules, Deputy Director of Public Works; Sean
Robinson, Human Resources Manager; and, Carla Morreale, City Clerk.
Also present was Scott Noya, attorney and partner, Daley and Heft, LLP.
FLAG SALUTE:
The Flag Salute was led by Planning Commissioner Bob Nelson.
MAYOR'S ANNOUNCEMENTS:
Mayor Duhovic announced the recent passing of two long-time Palos Verdes Peninsula
Unified School District (PVPUSD) educators. He noted that Betty Woodward, a long-
time Rancho Palos Verdes resident, was an accomplished cellist, founding member of
the Peninsula Symphony, and music teacher in the PVPUSD. He stated that Anthony
Kordich, a long-time Rancho Palos Verdes resident, was a teacher and coach at Palos
Verdes High School for three decades, and noted the meeting would be adjourned in
his memory.
RECYCLE DRAWING:
Mayor Duhovic announced Recyclers of the Month from the October 7, 2014 City
Council meeting: Charles Agnew and Leonard G. Wood. 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:
Councilwoman Brooks requested that Item No. 2 (Appointment of Committee Members
and Chair to the Infrastructure Management Advisory Committee) be heard immediately
after the Consent Calendar.
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October 21, 2014
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Mayor Duhovic noted that staff had requested the removal of Item No. 6 (Adoption of
Resolution Establishing Parking Restrictions on Palos Verdes Drive East from Casilina
Drive to San Ramon Drive and on Crest Road East from Palos Verdes Drive East to
700' West) from the agenda, with that item to be placed on a future meeting agenda.
Acting City Manager reported that staff planned to place Item No. 6 (Adoption of
Resolution Establishing Parking Restrictions on Palos Verdes Drive East from Casilina
Drive to San Ramon Drive and on Crest Road East from Palos Verdes Drive East to
700' West) on the November 18, 2014 agenda, which would allow staff time to provide
notice to the adjacent neighbors.
Councilwoman Brooks moved, seconded by Mayor Pro Tem Knight, to approve the
agenda, as amended.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, Misetich, and Mayor Duhovic
NOES: None
ABSENT: None
PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda)
None.
CITY MANAGER REPORT:
Acting City Manager Petru announced that the City will be embarking on the Parks
Master Plan Update, which will include a series of workshops to seek input from the
public. She reported that the meetings will be held on Wednesday evenings beginning
November 5, 2014 and concluding February 25, 2014 at several convenient locations
throughout the City. She added that the following parks will be discussed: Eastview
Park, Ladera Linda Park, Pt. Vicente Park/Civic Center, Gateway Park, and Hesse
Park; and the series would conclude with two evenings of discussion regarding the •
General Master Plan.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding Item B (Approval of the Minutes).
Councilwoman Brooks moved, seconded by Councilman Campbell, to approve the
Consent Calendar, as presented.
The motion passed on the following roll call vote:
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October 21, 2014
Page 3 of 10
AYES: Brooks, Campbell, Knight, Misetich, and Mayor Duhovic
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 August 5, 2014 Regular Meeting; September 30, 2014
Adjourned Regular Meeting; October 7, 2014 Adjourned Regular Meeting (Interviews);
and October 7, 2014 Regular Meeting.
Register of Demands
ADOPTED RESOLUTION NO. 2014-65, 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.
Increase Funds for Ryan Park Southern Entrance Realignment and Parking Lot
Expansion Project (Supports 2014 City Council Goal: Public Infrastructure)
1) ADOPTED RESOLUTION NO. 2014-66, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2014-
41, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2014-15, FOR A BUDGET
ADJUSTMENT TO THE CITY'S PARKS, TRAILS AND OPEN SPACE
IMPROVEMENTS PROGRAM IN THE CAPITAL IMPROVEMENT PROJECTS FUND,
IN THE AMOUNT OF $35,000 AND AUTHORIZING EXPENDITURE OF A MAXIMUM
OF $25,000 OF THIS AMOUNT TO INCREASE THE CONSTRUCTION
CONTINGENCY BY THE DIRECTOR OF PUBLIC WORKS FOR POTENTIAL
UNFORESEEN CONSTRUCTION COSTS THAT MAY BE ENCOUNTERED, AND A
MAXIMUM OF $10,000 TO BE UTILIZED FOR THE AMENDMENT OF THE
PROFESSIONAL SERVICES AGREEMENT MENTIONED IN RECOMMENDATION
NO. 2 BELOW; 2) Approved the first amendment to the agreement with KOA
Corporation to increase the original agreement fee by a maximum of$10,000 to cover
additional costs necessary for continuing with the oversight and inspection of the
extended construction activities of the subject project; and, 3) Authorized the Mayor and
City Clerk to execute the first amendment to the agreement with KOA Corporation.
Notice of Completion for Abalone Cove Shoreline Park Improvement Project
(Supports 2014 City Council Goal, Public Infrastructure)
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October 21, 2014
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1) Accepted the project as complete; 2) Authorized the City Clerk to file a Notice of
Completion for the project with the County Recorder; and if no claims are filed within 35
days after recordation, and upon the contractor posting an acceptable warranty bond,
send a notice to the surety company to exonerate the Performance Bond; 3) Authorized
the Director of Public Works to release the construction retention payment in the
amount of$32,222.53 to Kasa Construction Inc., 35 days after recordation of the Notice
of Completion by the County Recorder contingent upon no claims being filed on the
project, and the contractor posting an acceptable warranty bond with the City; and,
4) Authorized monthly payments to the contractor for 120 days of post construction
landscape maintenance as required in the bid documents to compensate the total bid
item for this work in the amount of$3,300.
Notice of Completion for Abalone Cove Shoreline Park Restroom and Parking Lot
Improvements Project (Supports 2014 City Council Goal, Public Infrastructure)
1) Accepted the project as complete; 2) Authorized the City Clerk to file a Notice of
Completion for the project with the County Recorder; and if no claims are filed within 35
days after recordation, and upon the contractor posting an acceptable warranty bond,
send a notice to the surety company to exonerate the Performance Bond; 3) Authorized
the Director of Public Works to release the retention payment in the amount of
$23,049.17 to KASA Construction, 35 days after recordation of the Notice of Completion
by the County Recorder contingent upon no claims being filed on the project, and the
contractor posting an acceptable warranty bond with the City; 4) Authorized monthly
payments to the contractor for 60 days of post construction landscape maintenance as
required in the bid documents to cover the total bid item in the amount of$500; and,
5) ADOPTED RESOLUTION NO. 2014-67, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RANCHO PALOS VERDES, TO ADJUST THE FY 14-15 GENERAL
FUND AND THE EQUIPMENT REPLACEMENT FUND TO COVER THE ANNUAL
MAINTENANCE AND OPERATION COST, EQUIPMENT REPLACEMENT COST AND
A ONE-TIME EQUIPMENT PURCHASE COST FOR THE PARKING SYSTEM, AS
STATED IN THE RESOLUTION.
City Manager Recruitment— Budget Adjustment
ADOPTED RESOLUTION NO. 2014-68, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, APPROVING A BUDGET ADJUSTMENT
TO THE FY14-15 BUDGET IN THE AMOUNT OF $10,000 FOR ADDITIONAL
UNANTICIPATED EXPENSES RELATING TO THE CITY MANAGER RECRUITMENT
PROCESS.
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REGULAR BUSINESS:
Appointment of Committee Members and Chair to the Infrastructure Management
Advisory Committee (IMAC)
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October 21, 2014
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City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding this item.
Discussion ensued among Council Members and staff regarding the number of
applicants to be appointed to the IMAC.
City Clerk Morreale explained the process regarding the appointment of applicants to
either a four-year or two-year term, noting that those members who receive the highest
number of votes have traditionally been appointed to the four-year term of office.
Ballots were distributed to the Council Members and the following action was taken:
The following seven applicants were appointed to the Infrastructure Management
Advisory Committee (IMAC): Lan Saadatnejadi, Jon Spain, Kelvin Vanderlip and Lowell
Wedemeyer for four-year terms; and John Colich, John Curtis, and Jennifer Taggart for
two-year terms, to stagger the terms of office and allow for continuity on the IMAC.
Councilwoman Brooks moved, seconded by Councilman Misetich, to appoint Lowell
Wedemeyer as Chair to the IMAC.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, Misetich, and Mayor Duhovic
NOES: None
ABSENT: None
Director of Public Works Throne provided a brief report and PowerPoint presentation
regarding the next steps for the IMAC. He reported that the City recently received one
of five $10,000 Grants that were awarded state-wide by the Pepperdine University,
Davenport Institute for Public Engagement and Civic Leadership.
PUBLIC HEARING:
Terranea Resort and Spa - Revision "Q" to Conditional Use Permit No. 215, et al)
City Clerk Morreale reported that notice of the public hearing was duly published, written
protests included in the staff report, and there were 2 requests to speak regarding this
item.
Mayor Duhovic declared the public hearing open.
Deputy Community Development Director Mihranian provided a detailed staff report
regarding this item and the recommendation to: Eliminate the requirement that a 1%
Transfer Fee be paid to a nonprofit corporation upon each transfer of ownership of the
on-site owned condominium units; expand and improve the golf and landscape
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October 21, 2014
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maintenance yard; construct a new upper resort pool with an ancillary pool building; and
construct an outdoor pool bar at the main pool.
Todd Majcher, Long Point/Terranea Resort, Rancho Palos Verdes, provided comments
regarding Terranea Resort's desire to implement some of the entitlements that were
part of the original project, noting that these additional items would help Terranea to
stay competitive in the market.
Bob Nelson, Sea Bluff Homeowners Association (HOA), Rancho Palos Verdes, stated
that he was representing the Board of Directors of his HOA which has supported the
Terranea Resort since 1999. He reported that five streets in the neighborhood have
submitted applications for parking permits, noting that some residents have painted their
curbs red on Seacove Drive.
Discussion ensued among Council Members and Mr. Majcher regarding parking issues
and future consideration of a parking structure at the site; visual impacts of the new pool
bar; damage to the bluff top trail which has completely eroded away from two recent
storms and analysis underway for a long-term solution to this problem; and, the parking
policy for Terranea Resort employees.
Mayor Duhovic declared the public hearing closed.
Councilwoman Brooks moved, seconded by Mayor Duhovic, to approve the staff
recommendation to: ADOPT RESOLUTION NO. 2014-69, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING
REVISION "Q" TO CONDITIONAL USE PERMIT NO. 215, GRADING PERMIT NO.
2229, COASTAL DEVELOPMENT PERMIT NO. 166, VARIANCE NO. 489, AND
TENTATIVE PARCEL MAP NO. 26073 AMENDING THE COUNCIL-ADOPTED
CONDITIONS OF APPROVAL TO: 1) DELETE PARAGRAPHS (C) AND (D) FROM
CONDITION NO. 40, WHICH WOULD HAVE REQUIRED A 1% TRANSFER FEE BE
PAID TO A NONPROFIT CORPORATION UPON EACH TRANSFER OF OWNERSHIP
OF THE ON-SITE OWNED CONDOMINIUM UNITS; 2) EXPAND AND IMPROVE THE
GOLF AND LANDSCAPE MAINTENANCE YARD; 3) CONSTRUCT A NEW 1,680
SQUARE FOOT UPPER RESORT POOL WITH A 1,100 SQUARE FOOT ANCILLARY
POOL BUILDING; AND, 4) CONSTRUCT A 270 SQUARE FOOT OUTDOOR POOL
BAR AT THE MAIN POOL AREA.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, Misetich, and Mayor Duhovic
NOES: None
ABSENT: None
RECESS AND RECONVENE:
Mayor Duhovic called a brief recess from 8:14 P.M. to 8:27 P.M.
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October 21, 2014
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REGULAR BUSINESS: (Continued)
Update —Anonymous Fraud, Waste and Abuse Hotline
City Clerk Morreale reported that there were no requests to speak regarding this item.
Director of Finance McLean provided a brief update report regarding this item.
Councilman Misetich moved, seconded by Mayor Duhovic, to: 1) Receive and file an
update regarding the Anonymous Fraud, Waste and Abuse Hotline project; and,
2) Direct the Audit Subcommittee to work with Staff to finalize the draft Hotline Policy in
order to present the policy at the November 4, 2014 Council meeting, along with a
recommended vendor to support the Anonymous Fraud, Waste, and Abuse Hotline.
Without objection, Mayor Duhovic so ordered.
Telecommunication Utility User Tax Refund Process
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding this item.
City Attorney Lynch reported that the late correspondence consisted of a revised
resolution and provided an explanation of the changes for clarity to the document.
Director of Finance McLean provided a staff report regarding the proposed
telecommunication utility user tax refund and claim administration process.
Scott Noya, attorney and partner, Daley and Heft, LLP, explained that the claim
administration process was consistent with that which would be used in a Class Action
litigation at the settlement stage, noting that the process that was being considered was
fairly liberal with the idea that the Council wanted to ensure that people have a fair
opportunity to get a full refund. He added that the claim time period includes all of
August 2013 through December 31, 2014, with a suggested 6-month time period for the
submission of claims, which is longer than typical.
Discussion ensued among Council Members, staff and Mr. Noya.
Mayor Pro Tem Knight moved, seconded by Councilman Misetich, to: ADOPT
RESOLUTION NO. 2014-70, AS AMENDED, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RANCHO PALOS VERDES, APPROVING THE PROCESS TO BE
USED FOR ISSUING TELECOMMUNICATIONS UTILITY USER TAX (UUT)
REFUNDS TO TAXPAYERS AND DIRECTING STAFF TO HAVE CLAIMS
PROCESSED AND UUT REFUNDED IN ACCORDANCE WITH THAT PROCESS.
The motion passed on the following roll call vote:
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October 21, 2014
Page 8 of 10
AYES: Brooks, Campbell, Knight, Misetich, and Mayor Duhovic
NOES: None
ABSENT: None
Classification/Compensation Study
Human Resources Manager Robinson provided introductory remarks regarding the
Classification and Compensation Study.
Discussion ensued among Council Members and Mr. Kramer regarding the benchmarks
to be used, in line with the industry standards, for the Classification Study.
Georg Kramer, Chief Executive Officer, Koff and Associates, provided an overview of
the process used by Koff and in the selection of comparator agencies identified by Koff
and Associates for inclusion in the Compensation Study. Mr. Kramer provided an
explanation regarding the analysis of the following factors which were considered in the
selection of the comparator cities: geographic proximity; number of employees; ratio of
full-time employees to population; size of the budget (agency financial comparison);
ratio of agency financials to full-time employees; population served; overall average cost
of living factors; services provided (comparable service rankings); and the fact that the
City is a contract city.
Discussion continued among Council Members and Mr. Kramer regarding the factors
analyzed in the selection of comparator cities for the Compensation Study.
Mayor Pro Tem Knight moved, seconded by Councilwoman Brooks, to: Approve the
Benchmark Classifications to be studied, as identified in the staff report.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, Misetich, and Mayor Duhovic
NOES: None
ABSENT: None
Mayor Duhovic moved, seconded by Councilwoman Brooks, to: 1) Direct Consultant to
provide the Council with an Excel spreadsheet for Council to work with to conduct
additional analysis regarding the comparator agencies, and allow the City Council to
direct questions to the consultant; 2) Direct City Attorney Lynch to reach out to Labor
Attorney Brown to contact the Rancho Palos Verdes Association regarding their input
about the criteria to be used in the selection of comparator cities; and, 3) Provide an
update regarding the Classification/Compensation Study at the November 4, 2014
Council meeting.
The motion passed on the following roll call vote:
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October 21, 2014
Page 9 of 10
AYES: Brooks, Campbell, Knight, Misetich, and Mayor Duhovic
NOES: None
ABSENT: None
Adoption of Resolution Establishing Parking Restrictions on Palos Verdes Drive
East from Casilina Drive to San Ramon Drive and on Crest Road East from Palos
Verdes Drive East to 700' West
This item was continued to the November 18, 2014 City Council meeting.
FUTURE AGENDA ITEMS:
The following items were raised by Council Members as future agenda items:
Citizen's United —2010 Supreme Court decision regarding campaign expenditures and
impact on local elections (Knight)
CITY COUNCIL ORAL REPORTS:
Each Council Member present reported on his/her attendance at various organization
and association meetings since the last City Council Oral Reports were provided on
September 30, 2014.
CLOSED SESSION REPORT:
City Attorney Lynch reported on the following Closed Session items: 1) With respect to
the Conference with Labor Negotiators, discussion occurred and no action was taken;
and, 2) With respect to the Potential Litigation Against the City, the City Council
unanimously rejected the settlement offer that was tendered, with all Council Members
present.
ADJOURNMENT:
At 10:15 P.M., Mayor Duhovic adjourned the meeting in the memory of Anthony Kordich
to an Adjourned Regular Meeting for a Closed Session to be held on Sunday, October
26, 2014 at 8:00 A.M. at Terranea Resort to conduct interviews of candidates f•r the
City Manager position.
Mayor
Attest:
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City Clerk
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City Council Minutes
October 21, 2014
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