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CC DM 20160719 B - 20160606 CC MINS DRAFT ADJ REGDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL ADJOURNED REGULAR MEETING JUNE 6, 2016 The meeting was called to order at 6:07 P.M. by Mayor Dyda at Fred Hesse Community Park, 29301 Hawthorne Boulevard, notice having been given with affidavit thereto on file. City Council roll call was answered as follows: PRESENT: Duhovic, Misetich, and Mayor Dyda ABSENT: Brooks* and Campbell *Councilwoman Brooks arrived late at 6:22 P.M. during the Closed Session. Also present were Doug Willmore, City Manager; David Aleshire, City Attorney; Gabriella Yap, Deputy City Manager; and, Carla Morreale, City Clerk. PUBLIC COMMENTS: (This section of the agenda is for audience comments regarding Closed Session items) 0[m CLOSED SESSION ITEMS ANNOUNCED: City Attorney Aleshire announced the items to be discussed in Closed Session. RECESS TO CLOSED SESSION: At 6:08 P.M., the Council recessed to Closed Session. Councilwoman Brooks arrived at 6:22 P.M. during the Closed Session. RECONVENE TO REGULAR SESSION: The meeting was reconvened to Regular Session at 7:03 P.M. ROLL CALL: City Council roll call was answered as follows: PRESENT: Brooks, Campbell, Duhovic, Misetich, and Mayor Dyda Draft City Council Minutes Adjourned Regular Meeting June 6, 2016 Page 1 of 14 ABSENT: None Also present were Doug Willmore, City Manager; David Aleshire, City Attorney; Gabriella Yap, Deputy City Manager; Michael Throne, Director of Public Works; Cory Linder, Director of Recreation and Parks; Deborah Cullen, Director of Finance; Ara Mihranian, Community Development Director; Leza Mikhail, Senior Planner; Mike Gibson, Senior Administrative Analyst; Katie Lozano, Administrative Analyst II; Matt Waters, Senior Administrative Analyst; Dan Landon, Information Technology Manager; and, Carla Morreale, City Clerk. Also present was Captain Dan Beringer, Lomita Station, Los Angeles County Sheriff's Department. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilwoman Brooks. CLOSED SESSION REPORT: City Attorney Aleshire reported that with respect to the Closed Session item regarding the Potential Litigation regarding Mark Doddy, a discussion occurred, a status report was provided, and no reportable action was taken. MAYOR'S ANNOUNCEMENTS: Mayor Dyda announced that RPVty has received an award from the annual Telly Awards for the production of a public service announcement titled "See Something, Say Something." RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Dyda announced Recyclers of the Month from the May 17, 2016 City Council meeting: Eiko Mitoma and Charles Olinger. 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. He 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. CEREMONIAL: Mayor Dyda recognized Anthony Amalfitano, business owner of Amalfitano Bakery, and presented him with a Certificate of Recognition for his contributions and customer service to the residents of the City and Peninsula. Draft City Council Minutes Adjourned Regular Meeting June 6, 2016 Page 2 of 14 Mayor Pro Tem Campbell announced that it was the anniversary of the invasion of Normandy, also known as D -Day, noting the significance of the day in our nation's history. APPROVAL OF THE AGENDA: Councilwoman Brooks moved, seconded by Councilman Misetich, to approve the agenda, as presented. Without objection, Mayor Dyda so ordered. PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA FOR THE STUDY SESSION: None. RECONSIDERATION OF THE APPROVAL OF THE AGENDA: Councilwoman Misetich moved, seconded by Councilwoman Brooks, to reconsider the approval of the agenda, with the continuation of the Study Session item to the next Regular Meeting on June 21, 2016. Without objection, Mayor Dyda so ordered. PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda) The following speakers provided comments regarding the proposed solar projects at the Palos Verdes Peninsula Unified School District (PVPUSD) citing issues with locations, views, safety, transparency, lack of notification, and the process utilized by PVPUSD for the project,: Ed Dietz, Rancho Palos Verdes; Arthur Delacruz, Rancho Palos Verdes; Anita Garner, Rancho Palos Verdes; Bonnie O'Seas, Rancho Palos Verdes; Jessica Vlaco, Rancho Palos Verdes; Tom Barreto, Rancho Palos Verdes; and Mark Mascola, Rancho Palos Verdes. Diane Smith, Rancho Palos Verdes, provided comments regarding a complaint made by Mayor Pro Tem Campbell about an employee of the Sheriff's Department concerning soil deposited at the Ladera Linda Community Center soccer fields. Mayor Pro Tem Campbell stated that there was no formal or informal complaint and that the matter was a simple miscommunication. Noel Weiss, provided a renewal of his public records request for City Manager Willmore's emails regarding the storage of burial vaults on the top of Inspiration Slope Draft City Council Minutes Adjourned Regular Meeting June 6, 2016 Page 3 of 14 Mausoleum; and the indemnity agreement between the City and Green Hills Memorial Park. Connie Semos, Rancho Palos Verdes, provided comments regarding the Recreation and Parks Master Plan from 1988 and soil imported to the upper fields at Ladera Linda Park. Joan Davidson, provided comments regarding the PVPUSD solar project; soil that was imported at the Ladera Linda Community Center site; and the alleged City Council Member complaint regarding a Sheriff's Department employee. Minas Yerelian, thanked City Manager Willmore and the City Council for the planting of trees along a portion of Hawthorne Blvd. and raised concerns regarding watering the trees to help them thrive. Sandy Valeri, Rancho Palos Verdes, provided comments regarding a new access gate in Portuguese Bend to the Preserve trails; and the imported soil at the Ladera Linda fields. CITY MANAGER REPORT: None. CONSENT CALENDAR: City Clerk Morreale reported that no late correspondence was distributed prior to the meeting and there were requests to speak regarding Item E (Consideration and Possible Action to Adopt an Ordinance to Permit Special Events on City Property and Public Rights -of -Way) and Item I (Consideration and Possible Action to Award a Professional Services Agreement to Design the Lower Hesse Park Improvement Project). Councilwoman Brooks moved, seconded by Councilman Misetich, to approve the Consent Calendar, with Item E (Consideration and Possible Action to Adopt an Ordinance to Permit Special Events on City Property and Public Rights -of -Way) and Item I (Consideration and Possible Action to Award a Professional Services Agreement to Design the Lower Hesse Park Improvement Project) removed from the Consent Calendar and to be heard immediately after the Consent Calendar. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich, and Mayor Dyda NOES: None ABSENT: None Draft City Council Minutes Adjourned Regular Meeting June 6, 2016 Page 4 of 14 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 May 3, 2016 Regular Meeting. Register of Demands ADOPTED RESOLUTION NO. 2016-21, 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. Consideration and Possible Action to Review the Status of Border Issues Received and filed the current report on the status of Border Issues. Consideration and Possible Action to Adopt an Ordinance to Permit Special Events on City Property and Public Rights -of -Way This item was removed from the Consent Calendar for separate consideration. Consideration and Possible Action to Approve the Second Amendment to the Agreement between the City of Rancho Palos Verdes and Hardy & Harper, Inc., for Public Works Maintenance of Streets and Rights -of -Way 1) Approved the Second Amendment to the Agreement; and, 2) Authorized the Mayor and City Clerk to execute the agreement with Hardy & Harper, Inc. for Public Works maintenance of streets and rights-of-way, and extend the term of the agreement to June 30, 2017. Consideration and Possible Action to Award a Construction Agreement to PCI, Inc., for the Construction of the Annual Pavement Striping and Marking Maintenance Contract, FY16-17, FY17-18, FY18-19; and to Award a Professional Services Agreement to Sunbeam Consulting for Inspection Services 1) Approved the project specifications on file in the Public Works Department for the Pavement Striping and Marking Maintenance, FY16-17, FY17-18, FY18-19; 2) Awarded a Public Works Agreement, in a form approved by the City Attorney, to PCI, Inc., for construction services related to the Pavement Striping and Marking Maintenance, FY16- Draft City Council Minutes Adjourned Regular Meeting June 6, 2016 Page 5 of 14 17, FY17-18, FY18-19 for an amount not -to -exceed $389,233.40; 3) Awarded a Professional Services Agreement, in a form approved by the City Attorney, to Sunbeam Consulting for Construction Management and Inspection Services for the amount of $39,648; and, 4) Authorized Staff to use an additional 10% ($38,900) for a construction contingency. Consideration and Possible Action to Approve a License Agreement to Allow Modifications within the City's Slope Easement at 5903 Clint Place Considered and approved the license agreement, thereby allowing modifications within the City's slope easement at 5903 Clint Place. Consideration and Possible Action to Award a Professional Services Agreement to Design the Lower Hesse Park Improvement Project This item was removed from the Consent Calendar for separate consideration. Consideration and Possible Action regarding the April 2016 Cash Balances/ Monthly Treasurer's Report Received and filed the April 2016 Cash Balances/Monthly Treasurer's Report. ITEM(S) REMOVED FROM THE CONSENT CALENDAR: Consideration and Possible Action to Adopt an Ordinance to Permit Special Events on City Property and Public Rights -of -Way City Clerk Morreale reported that there was one request to speak regarding this item. Director of Public Works Throne provided a brief staff report regarding this item. Minas Yerelian, provided comments regarding a fee waiver for residents for neighborhood and/or block parties. Discussion ensued among Council Members and City Attorney. Councilwoman Brooks moved, seconded by Councilman Misetich, to: ADOPT ORDINANCE NO. 581, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, ADDING A NEW CHAPTER ENTITLED "SPECIAL EVENT PERMITS" TO TITLE 12 OF THE RANCHO PALOS VERDES MUNICIPAL CODE. The motion passed on the following roll call vote: Draft City Council Minutes Adjourned Regular Meeting June 6, 2016 Page 6 of 14 AYES: Brooks, Campbell, Duhovic, Misetich, and Mayor Dyda NOES: None ABSENT: None Consideration and Possible Action to Award a Professional Services Agreement to Design the Lower Hesse Park Improvement Project City Clerk Morreale reported that there were three requests to speak regarding this item. Director of Public Works Throne provided a brief overview regarding this item. John Freeman, President, Pacific View Homeowners Association (HOA), Rancho Palos Verdes, provided comments regarding the proposal submitted by Withers and Sandgren, Ltd. for design services for Lower Hesse Park. which included many active recreation components, including restrooms, staff building, tennis courts, and basketball courts. He noted that the Council did not approve a plan with the types of active recreational components or facilities included in the proposal presented to Council. Discussion ensued among Council Members and staff. Noel Park, Rancho Palos Verdes, spoke in support of Mr. Freeman's comments regarding the Lower Hesse Park Improvement Project, emphasizing the number of meetings held in the past regarding the design of Lower Hesse Park and opining that there was no need for additional meetings. Minas Yerelian, provided comments regarding the desire for a simple design of Lower Hesse Park, and encouraged the concept of a rural natural park with additional trees planted in Lower Hesse Park. Councilman Misetich moved to direct staff to review the consultant's proposal and return with clarification of the project with the consultant present to answer questions. Councilman Duhovic noted he would second the motion with an amendment to seek proposals from alternate vendors for the project. Councilwoman Brooks added an amendment to the motion to have no additional public meetings regarding the design of Lower Hesse Park, since there have been sufficient meetings with the public already. Discussion ensued among Council Members, staff, and City Attorney Aleshire. Draft City Council Minutes Adjourned Regular Meeting June 6, 2016 Page 7 of 14 Councilman Duhovic moved a substitute motion, seconded by Councilwoman Brooks, to direct Public Works to modify the scope of the project to reflect Council and public commentary, with staff to solicit proposals specific to the plan approved by Council in Fall 2015, and return with a modified plan for Council's consideration. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich, and Mayor Dyda NOES: None ABSENT: None RECESS AND RECONVENE: Mayor Dyda called a brief recess from 8:42 P.M. to 8:53 P.M. REORDER OF THE AGENDA: Mayor Dyda suggested that Item No. 2 (Consideration and Possible Action to Deny an Appeal of the Planning Commission's Decision to Uphold the Director's Approval of an "Unsubstantial Amendment") [Location: 5448 Bayridge Road] Without objection, Mayor Dyda so ordered. PUBLIC HEARINGS: Consideration and Possible Action to Deny an Appeal of the Planning Commission's Decision to Uphold the Director's Approval of an "Unsubstantial Amendment" [Location: 5448 Bayridge Road] City Clerk Morreale reported that notice of the public hearing was duly published, written protests included with the staff report and late correspondence distributed prior to the meeting, and there were three requests to speak regarding this item. Senior Planner Mikhail provided a staff report and PowerPoint presentation regarding this item. Mayor Dyda declared the public hearing open. Rollin Sturgeon, appellant, Rancho Palos Verdes, provided comments regarding his appeal; raised concerns regarding the as -built plans not being signed by the original architect or any other architect; added there were concerns regarding soil compaction; noted changes to the plans were substantial; opined additional details and notations should have been added to the plans; and that there were deficiencies in the design of the wall. Draft City Council Minutes Adjourned Regular Meeting June 6, 2016 Page 8 of 14 Jarrod Koch, applicant, Rancho Palos Verdes, provided comments regarding the building of his home and his landscaping project, including background information about drainage along the property and design of the retaining wall in compliance with the City's Municipal Code and Planning Commission approval. Mayor Dyda declared the public hearing closed. Councilman Misetich moved, seconded by Councilwoman Brooks, to approve the staff recommendation to: ADOPT RESOLUTION NO. 2016-22, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, THEREBY DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO UPHOLD THE COMMUNITY DEVELOPMENT DIRECTOR'S DECISION TO APPROVE AN "UNSUBSTANTIAL AMENDMENT" TO ALLOW A 4'-0" TALL RETAINING WALL WITHIN THE FRONT YARD OF THE SUBJECT PROPERTY LOCATED AT 5448 BAYRIDGE ROAD (CASE NO. ZON2009-00108). The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich, and Mayor Dyda NOES: None ABSENT: None Consideration and Possible Action to Approve the Annual Levy and Assessments of the Existing Citywide Landscaping and Lighting Maintenance District (LLMD) for FY16-17 [Location: Citywide] City Clerk Morreale reported that notice of the public hearing was duly published, no written protests were received, and there were no requests to speak regarding this item. Senior Administrative Analyst Gibson provided a brief staff report and PowerPoint presentation regarding this item. Mayor Dyda declared the public hearing open. As there were no requests to speak regarding this item, Mayor Dyda declared the public hearing closed. Councilwoman Brooks moved, seconded by Councilman Misetich, to approve the staff recommendation to: ADOPT RESOLUTION NO. 2016-23, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, MAKING CERTAIN FINDINGS AND CONFIRMING A DIAGRAM AND ASSESSMENTS FOR FY16-17 IN CONNECTION WITH THE EXISTING CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE. Draft City Council Minutes Adjourned Regular Meeting June 6, 2016 Page 9 of 14 The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich, and Mayor Dyda NOES: None ABSENT: None REGULAR BUSINESS: REORDER OF THE AGENDA: Councilman Duhovic suggested that the agenda be reordered to consider Item No. 7 (Consideration and Possible Action to Approve the Palos Verdes Nature Preserve Signage Plan, and Direct Staff to Purchase and Install Signage) as the first item under Regular Business Without objection, Mayor Dyda so ordered. Consideration and Possible Action to Approve the Palos Verdes Nature Preserve Signage Plan, and Direct Staff to Purchase and Install Signage City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were two requests to speak regarding this item. Administrative Analyst II Lozano provided a brief staff report and PowerPoint regarding this item. Jennifer Bustler, Hunt Design, provided a report and PowerPoint regarding the design of the sign program including goals and purpose of the signage project for the Palos Verdes Nature Preserve. Discussion ensued among Council Members, staff, and Ms. Bustler. Andrea Vona, provided comments regarding the stakeholders, including those who work in the Preserve and members of the community, who were involved in the design of the signs for the Palos Verdes Nature Preserve. Cassie Jones, Palos Verdes Peninsula Land Conservancy (PVPLC), Rancho Palos Verdes, provided comments regarding the different sizes and designs of the signs considered by the community. Sandy Valeri, Rancho Palos Verdes, provided comments in favor of the signage program and suggested signage to assist trail users not to enter private property. Draft City Council Minutes Adjourned Regular Meeting June 6, 2016 Page 10 of 14 Councilwoman Brooks moved, seconded by Councilman Duhovic, to: 1) Approve the Palos Verdes Nature Preserve signage plan; 2) Direct Staff to work with the PVPLC to use remaining PVPLC grant funds to purchase and install signage at key locations in the Palos Verdes Nature Preserve; and, 3) Direct Staff to seek grant funding for remaining signage and bring back options to fund signage as part of the FY17-18 budget. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich, and Mayor Dyda NOES: None ABSENT: None Consideration and Possible Action regarding the Fiscal Year 2016-17 Preliminary Budget, including Discussion and Possible Direction regarding all City Revenues and Expenditures City Clerk Morreale reported that there was one request to speak regarding this item. City Manager Willmore provided an overview of the two changes brought forth from the May 31, 2016 Budget Workshop, including the addition to the General Fund of $100,000 for security cameras on Western Avenue and the removal of $110,000 for the Hesse Park and Civic Center Marquee signage. Ann Shaw, President, Peninsula Seniors, Rancho Palos Verdes, provided comments and thanked the Council for the grant provided to the Peninsula Seniors to assist with the activities of the non-profit organization. Councilman Duhovic moved, seconded by Councilwoman Brooks, to approve the staff recommendation to: 1) Receive Staff presentation of FY 2016-17 Preliminary Budget; 2) Determine that the utility users' tax (UUT) rate of 3% continues to be necessary revenue source for the City's operating and capital improvements, and that the current rate of 3% should be maintained; and, 3) Schedule public hearing and budget adoption for June 21, 2016. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich, and Mayor Dyda NOES: None ABSENT: None RECESS AND RECONVENE: Mayor Dyda called a brief recess from 10:06 P.M. to 10:16 P.M. Draft City Council Minutes Adjourned Regular Meeting June 6, 2016 Page 11 of 14 Councilwoman Brooks left the meeting at 10:07 P.M. Councilman Duhovic moved to extend the meeting to 11:00 P.M. for the consideration of new business. Without objection, Mayor Dyda so ordered. Consideration and Possible Action to Receive and File the Draft 2017 Five -Year Financial Model City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding this item. Councilman Misetich suggested that the staff report be waived. Director of Finance Cullen highlighted several points included in the Draft 2017 Five - Year Financial Model. Councilman Misetich moved, seconded by Councilman Duhovic, to approve the staff recommendation to: 1) Receive and file the draft 2017 Five -Year Financial Model (2017 Model); and, 2) Provide direction to Staff regarding any assumptions included within the 2017 Model. The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Misetich, and Mayor Dyda NOES: None ABSENT: Brooks Consideration and Possible Action to Award a Professional Services Agreement to Richard Fisher Associates to Complete a Park Master Plan for Ladera Linda Park City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding this item. Director of Recreation and Parks Linder provided a brief staff report and PowerPoint regarding this item. Councilman Duhovic moved, seconded by Councilman Misetich, to approve staff recommendation to: Award a Professional Services Agreement to Richard Fisher Associates (RFA), in a form approved by the City Attorney, to complete a Ladera Linda Park Master Plan for an amount not -to -exceed $103,700. Draft City Council Minutes Adjourned Regular Meeting June 6, 2016 Page 12 of 14 The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Misetich, and Mayor Dyda NOES: None ABSENT: Brooks Consideration and Possible Action to Approve a Contract with Tyler Technologies, Inc. to Provide Software as a Service (SAAS) Solution to Replace the City's Financial Accounting System Councilman Duhovic suggested that the staff report be waived. Without objection, Mayor Dyda so ordered. Brief discussion ensued among Council Members and staff. Councilman Duhovic moved, seconded by Councilman Misetich, to approve the staff recommendation to: Approve the contract with Tyler Technologies, Inc. to replace the City's financial accounting system with a "software as a service" (SaaS) solution. The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Misetich, and Mayor Dyda NOES: None ABSENT: Brooks Consideration and Possible Action to Express Support for S. 2707 and H.R. 4773 regarding Department of Labor Rules for Exempt -Status Employees Councilman Duhovic noted that he had no interest in this item. Mayor Pro Tem Campbell moved, seconded by Councilman Duhovic, to take no action on this item. The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Misetich, and Mayor Dyda NOES: None ABSENT: Brooks Draft City Council Minutes Adjourned Regular Meeting June 6, 2016 Page 13 of 14 Consideration and Possible Action to Approve an OPEN Policy and Introduce an Ordinance Revoking the Current OPEN Ordinance City Attorney Aleshire provided a staff report regarding this item. Discussion ensued among the Council Members, City Attorney Aleshire, and staff. Councilman Duhovic moved, seconded by Mayor Pro Tem Campbell, to: 1) Approve an OPEN Policy, as revised by the City Attorney per Council discussion regarding the inclusion of the fiscal impact analysis only on the final meet and confer proposal (Beverly Hills model), and, 2) INTRODUCE ORDINANCE NO. 582, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, REPEALING CHAPTER 2.48 OF TITLE 2 OF THE RANCHO PALOS VERDES MUNICIPAL CODE REGARDING OPEN PUBLIC EMPLOYEE NEGOTIATIONS AND THE PROCEDURE FOR ADOPTING OR AMENDING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND AN EXCLUSIVELY RECOGNIZED EMPLOYEE ORGANIZATION (THE RPV "OPEN ORDINANCE"). The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Misetich, and Mayor Dyda NOES: None ABSENT: Brooks FUTURE AGENDA ITEMS: This item was deferred to the next Regular Meeting. CITY COUNCIL ORAL REPORTS: This item was deferred to the next Regular Meeting. ADJOURNMENT: At 10:49 P.M., Mayor Dyda adjourned the meeting. Attest: City Clerk W:\City Council Minutes\2016\20160606 CC MINS DRAFT ADJ REG.docx Mayor Draft City Council Minutes Adjourned Regular Meeting June 6, 2016 Page 14 of 14