CC MINS 20141118 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
NOVEMBER 18, 2014
The meeting was called to order at 6:00 P.M. by Mayor Duhovic at Fred Hesse
Community Park, 29301 Hawthorne Boulevard, and immediately recessed into Closed
Session, with all Council Members present.
RECONVENE TO REGULAR SESSION FOR A STUDY SESSION:
At 7:24 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; 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.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, Misetich, and Mayor Duhovic
NOES: None
ABSENT: None
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November 18, 2014
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RECESS AND RECONVENE:
Mayor Duhovic called a brief recess from 7:31 P.M. to 7:38 P.M.
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;
Cory Linder, Director of Recreation and Parks; Kathryn Downs, Deputy Director of
Finance; Nicole Jules, Deputy Director of Public Works; Paul Christman, Building
Official; Daniel Landon, Information Technology Manager; Daniel Trautner, Recreation
Services Manager; Leza Mikhail, Associate Planner; Daniel Pitts, Code Enforcement
Officer; Matt Waters, Senior Administrative Analyst; Lauren Ramezani, Senior
Administrative Analyst; Sean Robinson, Human Resources Manager; and, Carla
Morreale, City Clerk.
FLAG SALUTE:
The Flag Salute was led by Gina and Anna Duhovic, the daughters of Mayor Duhovic.
MAYOR'S ANNOUNCEMENTS:
Mayor Duhovic acknowledged Deputy Director of Finance Kathryn Downs and
Accountant Jane Lin for the two hour presentation they provided earlier in the day to 25
International Students from China through California State University Long Beach.
Mayor Duhovic recognized longtime Rancho Palos Verdes resident Donald "Tom"
Colich, who reached the status of centurion in July 2014; he reported that he passed
away last week and offered condolences to his family.
Mayor Duhovic recognized Student Council Members of Holy Trinity School for taking a
leadership role at their school and presented each of the school's leaders with a
Certificate of Recognition. He also recognized those present in the audience including
Holy Trinity School Principal Dr. Linda Wiley, Student Council Coordinators/Teachers
Mrs. Robles and Mrs. Garcia, and parents of the Student Council Members.
RECYCLE DRAWING:
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November 18, 2014
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Mayor Duhovic announced Recyclers of the Month from the November 4, 2014 City
Council meeting: Stanley Chun and Agatha Felactu. 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 moved, seconded by Councilman Misetich, to approve the
agenda, as presented.
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)
Sharon Yarber, Rancho Palos Verdes, stated that the Council considered an item on
the October 21, 2014 City Council Agenda regarding the Utility Users Tax refund
process, noting that she suggested the removal of the requirement for a waiver of any
further liability as a condition of a taxpayer receiving a refund under the three proposed
scenarios.
CITY MANAGER REPORT:
Acting City Manager Petru recognized part-time employee Jim Boyle, Recreation
Specialist, Recreation and Parks Department. She presented Mr. Boyle with a
Certificate of Recognition for his excellent service to the residents of the City of Rancho
Palos Verdes and the participants in the Reach Program for over twenty five years.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding Item No. I (Award Engineering Design and Construction
Management Contract for Sunnyside Ridge Trail Improvement Project) and Item No. L
(Parks Master Plan Update Online Community Survey); and there was one request to
speak regarding Item I.
Mayor Pro Tem Knight requested that Item L (Parks Master Plan Update Online
Community Survey) be removed from the Consent Calendar for discussion.
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November 18, 2014
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Councilwoman Brooks moved, seconded by Councilman Misetich, to approve the
Consent Calendar, with Item I (Award Engineering Design and Construction
Management Contract for Sunnyside Ridge Trail Improvement Project) removed from
the Consent Calendar for separate consideration after the approval of the Consent
Calendar; and Item L (Parks Master Plan Update Online Community Survey) removed
from the Consent Calendar for separate consideration after Regular Business items.
The motion passed on the following roll call vote:
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 November 4, 2014 Regular Meeting; and November 5,
2014 Adjourned Regular Meeting.
Claim Against the City by Hank Garrett
Rejected the claim and directed Staff to notify the claimant.
Register of Demands
ADOPTED RESOLUTION NO. 2014-74, 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.
Approval of Annual Commercial Haulers Agreements for 2015
1) Authorized the Mayor to execute one-year agreements for Non-Exclusive
Commercial Collection and Disposal Services for 2015 with eight companies: California
Waste Services LLC; CalMet Services, Inc.; Consolidated Disposal Service, LLC dba
Republic Services; Easy Roll Off Services; EDCO Disposal Corporation; Universal
Waste Systems, Inc.; USA Waste of California, Inc., dba Waste Management of Los
Angeles; and West Coast Waste & Roll Off Service; and, 2) ADOPTED RESOLUTION
NO. 2014-75, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, LIMITING THE NUMBER OF HAULERS AUTHORIZED TO
PROVIDE SOLID WASTE COLLECTION AND RECYCLING SERVICES FROM
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November 18, 2014
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COMMERCIAL PREMISES, AND ROLL OFF SERVICES TO RESIDENTIAL AND
COMMERCIAL PREMISES IN THE CITY OF RANCHO PALOS VERDES IN
CALENDAR YEAR 2015.
Gifts for Parks
Accepted the Gifts for Parks donations and directed staff to prepare donor letters of
appreciation for the Mayor's signature.
Notice of Completion for San Ramon Canyon Storm Drain System 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; and,
3) Authorized the Director of Public Works to direct the escrow agent at Torrey Pines
Bank to release the construction retention escrow account balance to L.H. Woods &
Sons, Inc. and close the escrow account, 35 days after recordation of the Notice of
Completion by the County Recorders contingent upon no claims being filed on the
project, and the contractor posting an acceptable warranty bond with the City.
Consider Approval of Request by the City of Rolling Hills Estates for Placement of
Banners on Street Light Poles on Silver Spur Road
1) Approved the request by the City of Rolling Hills Estates for placement of banners on
street light poles on Silver Spur Road between Hawthorne Boulevard and Drybank Drive;
and, 2) Authorized the Public Works Department to issue a no-fee encroachment permit
for these banners, upon the Permittee meeting all other requirements for an
encroachment permit.
Award Engineering Design and Construction Management Contract for
Sunnyside Ridge Trail Improvement Project (Supports 2014 City Council Goal,
City Trail System Enhancement)
This item was removed from the Consent Calendar for separate consideration.
Award Contracts for Construction, Construction Management, Inspection, and
Materials Testing Services, and Project Oversight for the FY2012-13 and FY2013-
14 Residential Streets Rehabilitation Project—Areas 1, 5B, and 9 (Supports 2014
City Council Goal - Public Infrastructure —Citywide Street Maintenance)
1) Approved the construction plans and project specifications on file in the Public Works
Department for the FY2012-13 and FY2013-14 Residential Streets Rehabilitation
Project, Areas 1, 513, and 9, with a funding plan totaling $3,675,641; 2) Awarded a
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November 18, 2014
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construction contract to American Asphalt South, Inc. in the amount of$2,458,715 for
the project; 3) Awarded a professional services agreement to Vali Cooper &Associates,
Inc. in the amount of$283,052 for construction management, inspection, and materials
testing services; 4) Awarded a professional services agreement to Sunbeam Solar
Technologies, Inc. DBA Sunbeam Consulting in the amount of$42,000 for project
inspection oversight; 5) Authorized Staff to utilize an additional 5% ($139,189) for
contingency; 6) Approved the encumbrance from the Street Maintenance Fund — Non
Pavement in the amount of$164,626 as a partial funding source for the FY2012-13 and
FY2013-14 Residential Streets Rehabilitation Project; and, 7) Authorized the Mayor and
City Clerk to execute the agreements.
Data Storage Array Purchase
Authorized the Purchase of a Nimble CS215 Storage Array from Golden Star
Technology, Inc. at a cost of$31,786.43 to add needed storage space to the existing
City data storage network.
Parks Master Plan Update Online Community Survey
This item was removed from the Consent Calendar for separate consideration.
# # # # # #
ITEM REMOVED FROM CONSENT CALENDAR:
Award Engineering Design and Construction Management Contract for
Sunnyside Ridge Trail Improvement Project (Supports 2014 City Council Goal,
City Trail System Enhancement)
Sharon Yarber, Rancho Palos Verdes, stated she has some concern regarding the cost
of this portion of trail improvement project, noting it seemed a little excessive in light of
the overall budget for the project. She added that she would like to see the process
move more quickly as Staff has already met with and received input from the residents.
Deputy Director of Public Works Jules reported that the item before Council is inclusive
of the following project components: design services, inspection services, construction
inspection, and construction management, which includes the construction estimate as
identified in the grant. She added that staff intends to design the project after fully
engaging the public, and there was no intention to delay the project.
Discussion ensued among Council Members and staff.
Councilwoman Brooks moved, seconded by Mayor Pro Tem Knight, to: Award a
Professional Services Agreement for the Sunnyside Ridge Trail Improvement project to
KOA Corporation to provide design development services, public outreach;
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November 18, 2014
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geotechnical, structural, and civil engineering; landscape architecture and design; and
construction management and oversight for an amount not to exceed $140,450.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, Misetich, and Mayor Duhovic
NOES: None
ABSENT: None
PUBLIC HEARINGS:
Review of the Effectiveness and Compliance with the Conditions of Approval that
are Applicable to Phase One (1) of the St. John Fisher Master Plan (Location:
5448 Crest Road — Corner of Crest Rd. and Crenshaw Blvd.)
City Clerk Morreale reported that notice of the public hearing was duly noticed, written
protests included in late correspondence, and there were no requests to speak
regarding this item.
Mayor Duhovic declared the public hearing open.
Associate Planner Mikhail provided a staff report and PowerPoint presentation
regarding this item.
Discussion ensued among Council Members and staff.
Monsignor Sork, applicant, St. John Fisher Church, provided clarification regarding the
location of the overflow parking lot, in response to a question from Mayor Pro Tem
Knight.
Mayor Duhovic declared the public hearing closed.
Councilman Misetich moved, seconded by Councilwoman Brooks, to: Receive and file
a report on the effectiveness of, and compliance with, the Conditions of Approval
applicable to Phase One (1) of the St. John Fisher Master Plan determining that the
current Conditions of Approval are accomplishing their intended purpose.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, Misetich, and Mayor Duhovic
NOES: None
ABSENT: None
REGULAR BUSINESS:
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November 18, 2014
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Adoption of an Urgency Ordinance and Introduction of a Non-Urgency Ordinance
to Establish Penalties and Other Permit Restrictions on Construction Projects
that have been Ongoing for 4 Years or More and Repealing Ordinance No. 548U
and Ordinance No. 549
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there were three requests to speak regarding this item.
Community Development Director Rojas provided a brief staff report regarding this item.
City Attorney Lynch provided a report regarding the changes made to the ordinances at
the direction of the Council at the previous meeting when this item was considered.
Discussion ensued among Council Members, staff, and City Attorney Lynch.
Kathy Anderson, Rancho Palos Verdes, stated she was in opposition to the approval of
the ordinance before the Council this evening; provided a brief status update regarding
construction activities at her residence; noted that she would like to have a permit
issued for the exhaust fans at the home; and inquired if the Building Official would have
the authority to approve pulling of permits for small projects.
Joseph Anderson, Rancho Palos Verdes, stated he was concerned that the force
majeure clause in the ordinance did not include the occurrence of a serious illness or
death of the property owner; and reported on a recent broken pipe in the barbeque area
holding up some progress with the project. He added that he was concerned with the
approaching 60-day deadline due to the upcoming holidays.
Discussion ensued among Council Members, Mr. Anderson, staff, and City Attorney
Lynch.
William Glantz, Rancho Palos Verdes, congratulated the Anderson's for their recent
progress towards the completion of their construction project and requested the length
of the quiet period be extended from 18 to 24 months.
Mayor Pro Tem Knight moved, seconded by Councilwoman Brooks, to approve the staff
recommendation to: 1) ADOPT URGENCY ORDINANCE NO. 562U, AN ORDINANCE
OF THE CITY OF RANCHO PALOS VERDES, REGARDING PROLONGED
CONSTRUCTION PROJECTS THAT ARE ADVERSELY AFFECTING NEIGHBORING
PROPERTIES; REPEALING ORDINANCE NO. 548U AND ORDINANCE NO. 549;
AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE, AND DECLARING
THE URGENCY THEREOF; and, 2) INTRODUCE ORDINANCE NO. 563, AN
ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, REGARDING
PROLONGED CONSTRUCTION PROJECTS THAT ARE ADVERSELY AFFECTING
NEIGHBORING PROPERTIES, REPEALING ORDINANCE NO. 548U AND
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November 18, 2014
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ORDINANCE NO. 549 AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL
CODE.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, Misetich, and Mayor Duhovic
NOES: None
ABSENT: None
Proposed Closure of Palos Verdes Recycle Center
Councilwoman Brooks provided introductory remarks regarding this item.
Senior Administrative Analyst Ramezani introduced Grace Robinson Hyde with the
Sanitation Districts.
Grace Robinson Hyde, Chief Engineer and General Manager, Sanitation Districts of Los
Angeles County, provided a brief report and PowerPoint presentation regarding the
upcoming closure of the Palos Verdes Recycling Center, which is located on the closed
Palos Verdes Landfill on Crenshaw Boulevard in Rolling Hills Estates. She added that there
will be informational flyers and public outreach regarding the upcoming closure and
notifications of alternate recycling center locations.
Councilwoman Brooks moved, seconded by Mayor Pro Tern Knight, to approve the staff
recommendation to: Receive and file this report.
Without objection, Mayor Duhovic so ordered.
Councilman Campbell left the meeting at 9:02 P.M.
RECESS AND RECONVENE:
Mayor Duhovic called a brief recess from 9:02 P.M. to 9:13 P.M.
2014 Peafowl Census Report
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there were four requests to speak regarding this item.
Community Development Director Rojas provided a detailed staff report and PowerPoint
presentation regarding the peafowl census data as recently conducted in June and
October 2014 in comparison to the peafowl censuses performed in 2000, 2008 and
2011-12; a public educational outreach for the community regarding the peafowl; and
staffs recommendation to conduct a trapping and relocation program.
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Inga Lurie, Rancho Palos Verdes, stated that the peafowl in her neighborhood have
been increasing in great numbers and commented on the increasing numbers of
peafowl, high level of noise from the birds. She encouraged the Council to take action
quickly to control the growing population of peafowl.
Stephen Kay, Rancho Palos Verdes, stated that he has lived in his home since 1971
and noted that the peafowl population has never been as prolific as it is at present. He
commented on the filth of the birds and the constant peafowl defecation problem, which
causes staining on patio decks, bricks and concrete; and the high decibel levels of the
screeching peafowl.
Susie Collins, Rancho Palos Verdes, stated that she and her neighbors are desperate
to get relief from the proliferation of peafowl in their neighborhood. She noted that the
peafowl roost on her roof, her neighbor's roof, and in the pine trees; and reported that
the screeching of peafowl begins at 3:30 a.m., especially during the mating season.
She noted that one peafowl screeching in the neighborhood is too many and
volunteered her property as one site for trapping.
Patricia Penny, Rancho Palos Verdes, stated that she lives in the Sunnyside Ridge area
where there are at least 30-40 peafowl. She commented on the peafowl scratching at
car windows, tires, wheels and rims; pecking at windows on homes; and problems with
the defecating of the peafowl as well as the noise. She requested prompt assistance
with the growing population problem with the peafowl.
Discussion ensued among Council Members, staff, and City Attorney Lynch.
Inga Lurie, Rancho Palos Verdes, stated that the birds congregate in particular locations
at sundown and opined that there are more peafowl than is reflected in the census data.
Henry Lurie, Rancho Palos Verdes, stated the problems with the peafowl include the
noise as well as the destruction of flowerbeds.
Councilwoman Brooks moved, seconded by Councilman Misetich, to: Review the June
and October 2014 Peafowl Census Reports and direct Staff to prepare an aggressive
Peafowl Trapping Program for Council review in early 2015.
The motion passed on the following roll call vote:
AYES: Brooks, Knight, Misetich, and Mayor Duhovic
NOES: None
ABSENT: Campbell
Public Benefits of Geographic Information Systems
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November 18, 2014
Page 10 of 13
Information Technology Manager Landon provided a detailed staff report and
PowerPoint presentation regarding the City's GIS system, highlighting the public
benefits of the use of geographic information systems for individuals as well as
municipalities.
Lina Nguyen, PV on the Net, provided samples of GIS maps that the City staff utilize on
a day-to-day basis, with Community Development Director demonstrating real time use
of the GIS system.
Discussion ensued among Council Members, staff, and City Attorney Lynch.
Councilwoman Brooks moved, seconded by Mayor Duhovic, to receive and file this
report.
Without objection, Mayor Duhovic so ordered.
Proposed FY 2015-16 Community Development Block Grant (CDBG) Program
(Supports 2014 City Council Goal: Public Infrastructure)
City Clerk Morreale reported that there were no requests to speak regarding this item.
Mayor Duhovic moved, seconded by Mayor Pro Tem Knight, to waive the staff report.
Without objection, Mayor Duhovic so ordered.
Councilwoman Brooks moved, seconded by Mayor Pro Tem Knight, to: 1) Approve the
proposed CDBG project and budget; 2) Authorize the Director of Public Works to
execute an agreement for the CDBG project with the Los Angeles County Community
Development Commission (LACDC); and, 3) Authorize the Director of Public Works to
adjust the program budget, as necessary, to take into account the final CDBG allocation
and any amounts unexpended at the close of the current fiscal year.
The motion passed on the following roll call vote:
AYES: Brooks, Knight, Misetich, and Mayor Duhovic
NOES: None
ABSENT: Campbell
FY14-15 Budget Adjustments to Offset Telecommunications Utility User Tax
Revenue
Mayor Duhovic suggested waiving the staff report on this item.
Without objection, Mayor Duhovic so ordered.
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November 18, 2014
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Councilwoman Brooks moved, seconded by Mayor Duhovic, to: ADOPT RESOLUTION
NO. 2014-76, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, AMENDING RESOLUTION 2014-41, THE BUDGET
APPROPRIATION FOR FY14-15, TO ADJUST THE BUDGET IN THE GENERAL
FUND AND CAPITAL IMPROVEMENT PROJECTS FUND.
Discussion ensued among Council Members, staff, and City Attorney Lynch.
The motion passed on the following roll call vote:
AYES: Brooks, Knight, Misetich, and Mayor Duhovic
NOES: None
ABSENT: Campbell
ITEM REMOVED FROM THE CONSENT CALENDAR:
Parks Master Plan Update Online Community Survey
City Clerk Morreale reported that this item was removed from the Consent Calendar by
Mayor Pro Tem Knight for separate consideration and late correspondence was
distributed prior to the meeting regarding this item.
Mayor Pro Tem Knight noted that there were significant changes in the community
survey included in late correspondence versus the one in the staff report, including the
deletion of the Senior Center as part of the Parks Master Plan, noting the City
contributes more than any other Peninsula city to the Peninsula Seniors organization.
Discussion ensued among Council Members and staff regarding the revised online
community survey provided in the late correspondence.
Mayor Pro Tem Knight moved, seconded by Councilwoman Brooks, to approve the staff
recommendation, to approve the Parks Master Plan Update Online Community Survey,
as amended and included in the late correspondence.
Without objection, Mayor Duhovic so ordered.
FUTURE AGENDA ITEMS:
The following items were raised by Council Members as future agenda items:
Update of Agreed Upon Procedures regarding the Compensation and Benefits Analysis
(Duhovic)
CITY COUNCIL ORAL REPORTS:
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November 18, 2014
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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
October 21, 2014.
CLOSED SESSION REPORT:
City Attorney Lynch reported on the following Closed Session items: 1) With respect to
the Existing Litigation regarding the People of the State of California and City of Rancho
Palos Verdes v Davoodian case, the Council voted unanimously to authorize the
dismissal of the case without prejudice; 2) With respect to the Potential Litigation
against the City regarding the Glenmont Cal Coast RPV, LLC item, unanimous direction
was given to the City Attorney's Office to try to resolve that matter; 3) With respect to
the Personnel item regarding the Public Employee Employment/City Manager, Council
direction was given to Bob Murray, the consultant, to pursue negotiations with a
candidate, (4-1), with Mayor Pro Tern Knight dissenting; 4) With respect to the Potential
Litigation against the City regarding the Green Hills Memorial Park matter, a report was
given and no action taken by the Council; and, 5) With respect to the Potential Initiation
of Litigation by the City, direction was given to Mayor Duhovic to reach out to a potential
litigant. She noted all Council Members were present for all items discussed in Closed
Session.
ADJOURNMENT:
At 10:55 P.M., Mayor Duhovic adjourned the meeting.
Attest:
1 .
City Clerk
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