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RPVCCA_CC_DM_2015_06_16_B_20150519_CC_MINS_DraftDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MAY 19, 2015 The meeting was called to order at 6:00 P.M. by Mayor Knight at Fred Hesse Community Park, 29301 Hawthorne Boulevard, and was immediately recessed into Closed Session. RECONVENE TO REGULAR SESSION FOR A STUDY SESSION: At 6:57 P.M., Mayor Knight reconvened the meeting to Regular Session for a City Council Study Session. City Council roll call was answered as follows: PRESENT: Brooks, Campbell, Duhovic, Misetich and Mayor Knight ABSENT: None Also present were Doug Willmore, City Manager; Carolynn Petru, Deputy City Manager; Carol Lynch, City Attorney; Joel Rojas, Community Development Director; Michael Throne, Director of Public Works; Kathryn Downs, Acting Director of Finance; Nicole Jules, Deputy Director of Public Works; Sean Robinson, Human Resources Manager; Matt Waters, Senior Administrative Analyst; and, Carla Morreale, City Clerk. PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA FOR THE STUDY SESSION: None. DISCUSSION TOPICS: Review of Tentative Agendas and 2015 Goals and Priorities Discussion ensued among Council Members, City Attorney Lynch, and staff regarding items on the upcoming Council Meeting agendas as listed on the Tentative Agendas. Mayor Pro Tem Brooks moved, seconded by Councilman Duhovic, to move the City Attorney interviews to a separate Council Meeting date. Without objection, Mayor Knight so ordered. Mayor Pro Tem Brooks moved, seconded by Councilman Duhovic, to move Green Hills Memorial Park to the September 1, 2015 City Council Meeting. Draft City Council Minutes May 19, 2015 Page 1 of 13 Without objection, Mayor Knight so ordered. Mayor Pro Tem Brooks moved, seconded by Councilman Duhovic, to approve the Tentative Agendas, as amended. Without objection, Mayor Knight so ordered. City Wide Restriction on Skateboarding in the Public Right of Way City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were 14 requests to speak regarding this item. Mayor Pro Brooks provided a report regarding this item and expressed her intention to address only high-speed "bombing" on skateboards down steep streets in the City. The following speakers spoke in opposition to the recommendation and in support of continuing to allow people to skateboard in the City of Rancho Palos Verdes: Alex Gray, Skatepark PV, Rancho Palos Verdes; Susan Seamans, Skatepark PV, Rolling Hills Estates; Jim Parker; Chris Strong, Palos Verdes Estates; Chuck Hunt, St. Peters By the Sea Presbyterian Church; Devon Demaria, Rancho Palos Verdes; Magnus Frandsen, Palos Verdes Estates; Hannah Smith; Jason Buck, Rancho Palos Verdes; Isabel Frandsen, Rancho Palos Verdes; Jane Castillo, San Pedro; Beatrice Albino, Rancho Palos Verdes; Danny Powell, Palos Verdes Estates; and, Debra St. Pierre, Rancho Palos Verdes. Mayor Pro Tem Brooks moved, seconded by Councilman Duhovic, to: Direct staff to revisit the skateboard ordinance, and bring information back to the Council after researching the definition of skateboard "bombing," for a Council decision to prohibit the practice throughout the City based on specific metrics. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Knight NOES: None ABSENT: None Discussion ensued among Council, staff, and City Attorney Lynch regarding a request by Mayor Pro Tem Brooks to add a Study Session item regarding the State Water Conservation Mandate due to the urgent timing to deliver a letter of appeal, if the Council has interest in doing so, by June 1, 2015. By acclamation, the Council decided this topic could be raised during the Future Agenda portion of the meeting and considered for placement on the May 26, 2015 City Council Adjourned Regular Meeting Agenda. Draft City Council Minutes May 19, 2015 Page 2 of 13 RECESS AND RECONVENE: Mayor Knight called a brief recess from 7:56 P.M. to 8:08 P.M. REGULAR SESSION: City Council roll call was answered as follows: PRESENT: Brooks, Campbell, Duhovic, Misetich and Mayor Knight ABSENT: None Also present were Doug Willmore, City Manager; Carolynn Petru, Deputy City Manager; Carol Lynch, City Attorney; Joel Rojas, Community Development Director; Michael Throne, Director of Public Works; Kathryn Downs, Acting Director of Finance; Nicole Jules, Deputy Director of Public Works; Katie Lozano, Administrative Analyst II; Sean Robinson, Human Resources Manager; Matt Waters, Senior Administrative Analyst; and, Carla Morreale, City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Eagle Scout Connor Henebry (Troop 783). CEREMONIAL: Mayor Knight recognized the following three Eagle Scouts Joshua Ryan Magid (Troop 783); Connor Henebry (Troop 783), and Tyler Torcasso (Troop 783); and Girl Scout Gold Award recipient Amanda Katz, who had to leave early. He invited those present to explain their projects and noted that certificates would be sent to each of the Scouts for their accomplishments. MAYOR'S ANNOUNCEMENTS: Mayor Knight announced that May 17-23 was Public Works Week and thanked the Public Works staff for their continual efforts in improving the quality of life for all of the City's residents, noting that the Public Works Department received the Project of the Year Award from the Southern California Chapter of the American Public Works Association for the San Ramon Storm Drain Project. Mayor Knight announced that Tom Ford, the Executive Director of the Bay Foundation, will be speaking on May 20, 2015, at the Pt. Vicente Interpretive Center Los Serenos Docent Meeting about the kelp forest restoration project off of Pt. Vicente. RECYCLE DRAWING: Draft City Council Minutes May 19, 2015 Page 3 of 13 Mayor Knight announced Recyclers of the Month from the May 5, 2015 City Council meeting: Lloyd T. Yuan and Louise Thrift. 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: Councilman Duhovic moved, seconded by Mayor Pro Tem Brooks, to approve the agenda. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Knight NOES: None ABSENT: None PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda) None. CITY MANAGER REPORT: City Manager Willmore announced that Safe Wise, an independent organization, recognized the City of RPV for being the 35th safest city in the state of California; and provided a brief update regarding the outreach to the public regarding the Volunteers on Patrol program recruitment that is underway, including notifications through the City and Lomita Station Sheriff's websites and social media. He noted that the City has included money in the FY15-16 Budget to fund uniforms and equipment; and the City is working with the Sheriff's Department regarding the donation of two surplus City -owned Prius vehicles. CONSENT CALENDAR: City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding Item H (Mountains Recreation and Conservation Authority Contract Renewal) and Item I (Nine Claims Against the City by Residents of the Vista Verde Condominium Project in the City of Lomita Relating to Development at Green Hills Memorial Park), and there were four requests to speak regarding Item 1. Councilman Campbell requested that Item N (Adoption of Ordinance No. 568 — Repeal of the Utility User Tax that is imposed on Telecommunications Services) be removed from the agenda for separate consideration. Mayor Pro Tem Brooks moved, seconded by Councilman Misetich, to approve the Consent Calendar, as amended, with Item I (Nine Claims Against the City by Residents Draft City Council Minutes May 19, 2015 Page 4 of 13 of the Vista Verde Condominium Project in the City of Lomita Relating to Development at Green Hills Memorial Park) and Item N (Adoption of Ordinance No. 568 — Repeal of the Utility User Tax that is imposed on Telecommunications Services) removed from the Consent Calendar for separate consideration. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Knight 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 21, 2015 Regular Meeting, April 27, 2015 Adjourned Regular Meeting, and May 2, 2015 Adjourned Regular Meeting. Register of Demands ADOPTED RESOLUTION NO. 2015-38, 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. Claim Against the City by Everest National Insurance Company Rejected the claim and directed staff to notify Everest National Insurance Company. Gifts for Parks Accepted the Gifts for Parks donations and directed staff to prepare donor letters of appreciation for the Mayor's signature. Adoption of Ordinance No. 566 — A Zone Change from RS -2 to RS -4 for Property Located at 5656 Crest Road (Case Nos. ZON2014-00279 & SUB2014-00004) ADOPTED ORDINANCE NO. 566, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, APPROVING A ZONE CHANGE FOR 5656 CREST ROAD FROM RS -2 TO RS -4 (CASE NOS. ZON2014-00279 & SUB2014-00004). Salary Schedule Resolution Revision Draft City Council Minutes May 19, 2015 Page 5 of 13 ADOPTED RESOLUTION NO. 2015-39, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING THE CITY'S SALARY SCHEDULE TO ADD THE NEWLY -APPROVED PART-TIME GEOGRAPHIC INFORMATION SYSTEMS (GIS) COORDINATOR POSITION TO THE LIST OF APPROVED POSITIONS FOR THE CITY AND SETTING THE HOURLY SALARY Mountains Recreation and Conservation Authority Contract Renewal Approved a 1 -year agreement extension in the amount of $185,000, with the Mountains Recreation and Conservation Authority (MRCA) for park ranger services. Nine Claims Against the City by Residents of the Vista Verde Condominium Project in the City of Lomita Relating to Development at Green Hills Memorial Park This item was removed from the Consent Calendar for separate consideration. Second Amendment to Agreement for Community Development Block Grant (CDBG) Administrative Services (Supports 2014 City Council Goal of Government Efficiency, Accountability, Fiscal Control, Transparency and Oversight) 1) Approved the second amendment to the Professional Services Agreement (PSA) between the City of Rancho Palos Verdes and MDG-LDM Associates, Inc. to administer the Community Development Block Grant (CDBG) program for the period of July 1, 2015 to June 30, 2016, for a not -to -exceed amount of $18,500; and, 2) Authorized the Mayor and City Clerk to execute the second amendment to the agreement with MDG- LDM Associates, Inc. Claim Against the City by Charlotte Pesusich Rejected the claim and directed staff to notify the claimant. Claim Against the City by Heidemarie Pertschi Rejected the claim and directed staff to notify the claimant. Award Professional Services Agreements for Anonymous Fraud, Waste, and Abuse Hotline Third -Party Investigators (Finance & Personnel) 1) Awarded a one-year Professional Services Agreement (PSA) with annual renewal options to Meyers Nave, Inc. for on-call personnel/legal investigative services related to the establishment of an "Anonymous Fraud, Waste, and Abuse Hotline", 2) Awarded a one-year Professional Services Agreement (PSA) with annual renewal options to Kevin Draft City Council Minutes May 19, 2015 Page 6 of 13 Harper, CPA, & Associates for on-call financial investigative services related to the establishment of an "Anonymous Fraud, Waste, and Abuse Hotline"; and, 3) Authorized the Mayor and City Clerk to execute the Professional Services Agreements. Adoption of Ordinance No. 568 — Repeal of the Utility User Tax that is imposed on Telecommunications Services This item was removed from the Consent Calendar for separate consideration. ITEMS REMOVED FROM THE CONSENT CALENDAR: Nine Claims Against the City by Residents of the Vista Verde Condominium Project in the City of Lomita Relating to Development at Green Hills Memorial Park City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were four requests to speak regarding this item. Michael Friedman, provided comments regarding the timeliness issue of the claims filed by the residents of the Vista Verde Condominiums, noting that the notifications sent in 2006 and 2007 misidentified the location of the mausoleum. He added that errors made by City staff, which were acknowledged in August 2014 and embodied in a Planning Commission resolution approved in November 2014, can be the basis for a tort claim, noting that November 2014 is the date upon which the claims are based. Sharon Loveys, stated she initially raised the issue regarding the location of the mausoleum, noting that it should have been built east of the maintenance yard. She expressed concerns regarding the location and height of the mausoleum building and the proposed postponement of the Green Hills Memorial Park Appeal hearing until September 2015. Michael Friedman, provided statements regarding the regular denial of Tort Claims by government agencies, noting he wanted to make a record of the timeliness of the claim and the date of the tortuous act. He commented on the submittal of plans for a building permit in 2011 which substantially complied with the 2007 approval of the Green Hills Master Plan, and commented on lack of notice and no public hearing regarding the matter. He added that the City needs to acknowledge its responsibility for wrong doing and the mistake of accepting the application as complete without requiring a variance application; and noted that although the Council is fully expected to deny the claims, requested that the Council not make any determination as to the actual accrual date and not determine that the claims were untimely filed. Draft City Council Minutes May 19, 2015 Page 7 of 13 Nadejdh, stated that in 2007 the Planning Commission replied, when questioned regarding the location of the Green Hills Memorial Park mausoleum, that there would be no impacts on the views caused by the proposed location and height of the mausoleum building. She added that the Vista Verde Condominium residents were misled and have filed claims. Discussion ensued among Council Members and City Attorney Lynch. Councilman Campbell moved, seconded by Mayor Pro Tem Brooks, to continue this item to the next Regular Meeting as a Closed Session item. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Knight NOES: None ABSENT: None REGULAR BUSINESS: Appointments to the Emergency Preparedness Committee Councilman Duhovic reported that he had the opportunity to speak with each of the candidates for the Emergency Preparedness Committee. By acclamation, the City Council waived the staff report and City Clerk Morreale distributed ballots for the Council's use. After one round of balloting, the Council appointed Barry Rondinella and Roger Brechner to the Emergency Preparedness Committee, each with a four year term of office, or until a successor is appointed. Mayor Knight congratulated the two new members of the committee and thanked those residents who applied for their willingness to serve the City. Hybrid Zero -Based Budgeting Menu Exercise City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were no requests to speak regarding this item. City Manager Willmore provided a brief introduction regarding this item. Acting Director of Finance Downs provided a brief staff report of the Hybrid Zero -Based Budget, which included a menu for the Council's use. She stated that staff was seeking Council's direction on specific programs or expenditures to be included in the draft FY15-16 Budget. Draft City Council Minutes May 19, 2015 Page 8 of 13 Council discussed the Los Angeles County Sheriff's Contract expenditure and, by acclamation, approved the amount of $4,524,300 to be included in the FY15-16 Budget. Discussion ensued among Council Members and staff regarding a possible future audit of the Sheriff's Services contract minutes. Council discussed the expenditure for one or two Sheriff dedicated patrol deputies. Captain Blaine Bolin, Lomita Station, Los Angeles County Sheriff's Department, in response to a Council question, stated that the Sheriff's Department would have the deputies available to allocate to the City of Rancho Palos Verdes, as being discussed. Discussion continued among Council Members and Capt. Bolin. Councilman Misetich moved, seconded by Mayor Pro Tem Brooks, to approve two Sheriff Dedicated Patrol Deputies for the FY15-16 Budget. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Knight NOES: None ABSENT: None Councilman Campbell moved, seconded by Mayor Pro Tem Brooks, to add one Sheriff Dedicated Surveillance & Apprehension Team (SAT) Detective to the FY15-16 Budget. Mayor Knight moved a substitute motion, seconded by Mayor Pro Tem Brooks, to have this item as a place holder until more information is brought back to the City Council regarding the percentages of use per City in the region. Councilman Misetich suggested an amendment to the motion to direct staff to approach the two regional cities (Rolling Hills and Rolling Hills Estates) as to their interest in paying their portion for an additional SAT Detective. The maker and seconder of the motion accepted the amendment. The motion, as amended, was to have this item as a placeholder until more information is brought back to the City Council regarding the percentages of use per City in the region, with staff directed to approach the City of Rolling Hills and the City of Rolling Hills Estates regarding their interest in paying their portion for an additional SAT Deputy. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Misetich and Mayor Knight Draft City Council Minutes May 19, 2015 Page 9 of 13 NOES: Duhovic ABSENT: None RECESS AND RECONVENE: Mayor Knight called a brief recess from 9:30 P.M. to 9:40 P.M. Council discussed the remaining General Fund expenditures listed on the Menu List and directed the following budget line items to be included in the Draft FY15-16 Budget: 1) Regional Automated License Plate Reader (ALPR) System for $3,400; 2) Dedicated ALPR System for $5,000; 3) Driver Feedback Units for $13,000; and, 4) Neighborhood Traffic Safety Program for $90,000, (placeholder) for traffic engineering studies to implement some level of traffic calming measures for some of the 18 neighborhoods in the queue, with direction that each of these traffic calming projects come before the Council. Council directed the following budget line items be included in the Draft FY15-16 Budget: 1) City Council Salaries and Benefits for $111,750; 2) Legal Services for $1,030,000; 3) Land Purchase of tax -defaulted property for $75,000; 4) Performance Measurement Design and Implementation for $25,000; 5) Professional Meetings and Conferences for $86,700; 6) City Memberships in Governmental Associations for $44,690; 6) Community Outreach Supplies for $4,000; 7) City Newsletter for $22,000; and, 8) RPVty Station Manager for $48,727 (placeholder), with direction to maintain the current arrangement with the contract position with the inclusion of the budget amount to provide for an increase in service hours. Mayor Pro Tem Brooks moved, seconded by Councilman Duhovic, to continue the meeting to 11:00 P.M. Without objection, Mayor Knight so ordered. Council directed the following budget line items be included in the Draft FY15-16 Budget: 1) Information Technology Maintenance Services (Hardware and Software support) for $327,691, with direction to include more information in the budget narrative; 2) Information Technology Professional Services for $350,000, including $340,000 for recurring services and $10,000 for strategic plan development ; 3) Water Conservation Devices at City Facilities for $65,000; 4) Planning Commission Salaries and Benefits for $12,208; 5) Recreation Special Events for $89,500, with direction to collect resident attendance information at the different events; and, 6) Pt. Vicente Interpretive Center Part -Time Wages for $32,408. Mayor Knight recused himself from the dais for the discussion of the Abalone Cove Sewer District Subsidy, and left the meeting at 10:32 P.M. Discussion ensued among Council Members and staff regarding the Abalone Cove Draft City Council Minutes May 19, 2015 Page 10 of 13 Sewer District Subsidy. By acclamation, the Council directed the Abalone Cove Sewer District Subsidy for $80,700 (an increase of $30,000) be included in the Draft FY15-16 Budget. Mayor Knight returned to the dais at 10:33 P.M. Discussion ensued among the Council Members and staff regarding the Residential Street Rehabilitation Funding. By acclamation, the Council directed a General Fund transfer for Residential Street Rehabilitation Funding for $1,862,000 be included in the Draft FY15-16 Budget, with the removal of the Utility User Tax (UUT) language from the line item. Capital Improvement Plan (CIP) Menu By acclamation, the Council directed the following CIP Menu items to be included in the Draft FY15-16 Budget: 1) Corporate Yard Space and Utilization Study for $30,000 (placeholder), with direction to the City Manager to reach out to the Palos Verdes Peninsula Unified School District Superintendent regarding the possibility of a joint maintenance yard; 2) Infrastructure Management Plan for $25,000; 3) Abalone Cove Sewer System Plan for $25,000; 4) Traffic Safety Improvements on Palos Verdes Drive East at Bronco Drive for $50,030; 5) Pavement Management Plan Update for $120,000; 6) Storage and Supply Depots at Lower Point Vicente, Abalone Cove Shoreline Park, Ladera Linda Community Center and Eastview Park sites for $30,000; 7) Pt. Vicente Interpretive Center Acoustical Improvements to the Sunset Room for $80,000 (placeholder); 8) Corporate Yard Safety and Security Improvements for $75,000; 9) Corporation Yard Resurfacing for $90,000, to be designed to avoid an increase in stormwater runoff; 10) Storm Water Quality Regional Improvement Project for $100,000; 11) Portuguese Bend Landslide Strategic Plan for $75,000; 12) Landslide Dewatering Well Installation for $450,000, with the work to be completed by June 30, 2016, and locations to be selected to avoid sheared -off wells; and, 13) Landslide Dewatering Well Reconstruction for $70,000. Councilman Duhovic moved, seconded by Mayor Pro Tem Brooks, to continue the meeting with a hard stop of 11:20 P.M. ITEM REMOVED FROM THE CONSENT CALENDAR: Adoption of Ordinance No. 568 — Repeal of the Utility User Tax that is imposed on Telecommunications Services City Clerk Morreale reported that Councilman Campbell requested this item be removed from the Consent Calendar for separate consideration. Draft City Council Minutes May 19, 2015 Page 11 of 13 Councilman Campbell requested a list of the different service providers for the telecommunication services; and, he asked for a status update regarding the class action lawsuit on the Utility User Tax (UUT). City Attorney Lynch provided an update regarding the class action UUT lawsuit. Councilman Misetich moved, seconded by Councilman Duhovic, to approve the staff recommendation to: ADOPT ORDINANCE NO. 568, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, REPEALING THE UTILITY USER TAX ON TELECOMMUNICATIONS SERVICES AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Knight NOES: None ABSENT: None FUTURE AGENDA ITEMS: The following items were raised by Council Members as future agenda items: Letter of Appeal regarding the 36% Water Reduction State Mandate (Brooks) Resolution for the consideration of a Desalination Plant (Misetich) CITY COUNCIL ORAL REPORTS: Mayor Knight and Mayor Pro Tem Brooks reported on their recent attendance at the Contract Cities Conference. Other City Council Oral Reports were deferred to the next Regular Council meeting. *X91-441]&1**4lei ZIN: I as] :I46 City Manager Willmore reported that with respect to the Conference with Labor Negotiators, Council directed staff to agendize further discussion of Labor Negotiations at the next scheduled City Council Meeting. ADJOURNMENT: At 11:21 P.M., Mayor Knight adjourned the meeting to Tuesday, May 26, 2015 for an Adjourned Regular Meeting/City Council Workshop to be held at Hesse Park/Fireside Room at 6:30 P.M. Attest: Mayor Draft City Council Minutes May 19, 2015 Page 12 of 13 City Clerk WACity Council Minutes\2015\20150519 CC MINS Draft.docx Draft City Council Minutes May 19, 2015 Page 13 of 13