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CC DM 20151006 B - 20150915 CC MINS REG DRAFTDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING SEPTEMBER 15, 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 7:29 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; David Aleshire, City Attorney; Michael Throne, Director of Public Works; Deborah Cullen, Director of Finance; Ara Mihranian, Deputy Community Development Director; 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. Q 6*9111+*4If] ► i 1101:2 19163 Review of Tentative Agendas and 2014 City Council Goals and Priorities Discussion ensued among Council Members and staff regarding items on the upcoming Council Meeting agendas as listed on the Tentative Agendas. Mayor Pro Tem Brooks moved, seconded by Councilman Misetich, to approve the Tentative Agendas, as amended. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Knight NOES: None ABSENT: None Draft City Council Minutes September 15, 2015 Page 1 of 12 RECESS AND RECONVENE: Mayor Knight called a brief recess from 7:39 P.M. to 7:44 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; David Aleshire, City Attorney; Joel Rojas, Community Development Director; Michael Throne, Director of Public Works; Deborah Cullen, Director of Finance; Ara Mihranian, Deputy Community Development Director; Nicole Jules, Deputy Director of Public Works; Sean Robinson, Human Resources Manager; and, Carla Morreale, City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by City Attorney David Aleshire. ►yi/_1Yo]:I&W-11ZI►[@1I1►Is] 4kyt14►I1613 Mayor Knight announced the upcoming Brush Clearing Events starting on October 3, 2015 and to be held for five Saturdays concentrating on different neighborhoods in Rancho Palos Verdes. Mayor Knight introduced new City Attorney David Aleshire with the firm of Aleshire & Wynder, LLP. Councilman Misetich announced the recent passing of longtime Peninsula resident Bill Bloch and requested that the meeting be adjourned in his memory. RECYCLE DRAWING: Mayor Knight announced Recyclers of the Month from the September 1, 2015 City Council meeting: Premindra Chandraratna and Martin Dixon. 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, as presented. Draft City Council Minutes September 15, 2015 Page 2 of 12 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) Rayme Sherman, PV Concours d'Elegance, Rancho Palos Verdes, provided comments regarding the upcoming PV Concours d'Elegance to be held at Los Verdes Golf Course/Country Club this year on September 20, 2015. Elizabeth Ryan, Rancho Palos Verdes, provided comments regarding the need for a swimming pool, gym, and a Civic Center for the approximately 42,000 residents of the City which were all included as part of the original Coastal Vision Plan. She spoke in opposition to the proposal for a skate park at the Civic Center location, noting such a skate park would be in direct opposition to the intent of the City's Founders. Ana Haase -Elliott, Rancho Palos Verdes, provided comments regarding the need for recreational facilities in the City, including a public swimming pool for the youth and the aging population who need low impact exercise. She spoke in favor of a community center at the Civic Center to promote community involvement and to serve all ages. She spoke in opposition to a skate park at the Civic Center due to the inherent risks and liabilities involved in youth accessing the Civic Center skate park location via the steep street of Hawthorne Blvd. Jim Reeves, Interim President, Marymount California University, provided comments regarding the withdrawal of the athletic field on the Marymount California University campus, noting that they have sought several other locations for appropriate venues to support the University's athletic activities. Ted Shirley, Rancho Palos Verdes, provided comments in opposition to a proposed skate park facility at the Civic Center, noting a public gymnasium and pool would be more greatly utilized by the general public; and raised concerns regarding liability issues, view impacts, and the financial impact of a privately run skate park facility at a public site. Sharon Yarber, Rancho Palos Verdes, provided comments regarding her opposition to moving the start time of the Council meeting and suggested leaving the start time at 7:00 p.m. so that the public can attend, and instead consider changing the day of the week of the meeting; concern regarding the installation of a new median island in the City of Rolling Hills Estates at Silver Spur Road and Palos Verdes Drive North and encouraged staff collaboration on border issues; and opposition to the use of former City Attorney Lynch for the Green Hills Memorial Park issue. Draft City Council Minutes September 15, 2015 Page 3 of 12 Frank O'Brien, San Pedro, provided comments regarding the potential closure of the Navy Fuel Depot in San Pedro noting concerns regarding environmental issues, safety concerns, and the preservation of the natural habitat at the site. Noel Weiss, provided comments regarding the Rancho LPG Tank Facility in the City of Los Angeles and urged City Attorney Aleshire to review and weigh in on the matters of concern regarding this border issue; and, spoke in support of the concept of a sports and athletic facility at the Civic Center. Sandra Sandoval, provided comments regarding the danger of large groups of bicyclists riding five deep and blocking access to vehicular traffic on Palos Verdes Drive East, noting that she understood bicyclists are required to ride single file. [a] k Wd Lh F-11 01 r_1W 4:4:14 as] :A 0 City Manager Willmore announced that the City's new Human Resources Analyst, Sylvana Tamura, is on board and welcomed her to the City. He provided announcements regarding the following: 1) Installation of new Automated License Plate Reading cameras at 25th Street and Palos Verdes Drive South to be used for proactive and reactive assistance with crimes; 2) New broadcast equipment which is scheduled to be changed at Hesse Park beginning in September; 3) Transition on October 20, 2015 to exclusive viewing of the City Council meetings on RPVty Cox Channel 33 and FIOS Channel 38; and, 4) Annual Local Beach Clean-up at Abalone Cove Shoreline Park on September 19thfrom 9:00 a.m. to noon. CONSENT CALENDAR: City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding Item F (Letter Opposing Assembly Bill No. 718 Regarding Sleeping and/or Resting in Parked Vehicles) and Item H (Rejection of Bids received for the Sunnyside Ridge Trail Segment Project); and that there were requests to speak regarding Item B (Approval of Minutes) and Item H (Rejection of Bids received for the Sunnyside Ridge Trail Segment Project). Councilman Duhovic requested that Item D (FY14-15 Fiscal Year -End Budget Adjustments and Continuing Appropriations) be removed from the Consent Calendar for separate consideration. Mayor Pro Tem Brooks moved, seconded by Councilman Duhovic, to approve the Consent Calendar, as amended, with Item B (Approval of Minutes) and Item H (Rejection of Bids received for the Sunnyside Ridge Trail Segment Project) removed and to be heard immediately after the Consent Calendar, and Item D (FY14-15 Fiscal Year -End Budget Adjustments and Continuing Appropriations) to be heard after Regular Business. Draft City Council Minutes September 15, 2015 Page 4 of 12 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 This item was removed from the Consent Calendar for separate consideration. Register of Demands ADOPTED RESOLUTION NO. 2015-87, 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. FY14-15 Fiscal Year -End Budget Adjustments and Continuing Appropriations This item was removed from the Consent Calendar for separate consideration. Letter Supporting Senate Bill No. 485 (SB 485) regarding the Sanitation Districts of Los Angeles County Authorized the Mayor to sign a letter to Governor Brown supporting Senate Bill No. 485 (SB 485) regarding the Sanitation Districts of Los Angeles County. Letter Opposing Assembly Bill No. 718 (AB 718) Regarding Sleeping and/or Resting In Parked Vehicles Authorized the Mayor to sign a letter opposing Assembly Bill No. 718 (AB 718) regarding sleeping and/or resting in parked vehicles, which could effectively invalidate the City's current prohibition against using a parked vehicle as a dwelling unit for human habitation. Award a Contract for GPS Monitoring in the Landslide Area 1) Awarded a contract to Michael R. McGee, PLS, d/b/a McGee Surveying Consulting in the amount of $58,320 to perform GPS surveys of all existing points within the Draft City Council Minutes September 15, 2015 Page 5 of 12 Portuguese Bend/Abalone Cove/Klondike Canyon Landslide areas and to prepare the associated report; 2) Authorized the Mayor and City Clerk to execute the agreement with Michael R. McGee, PLS, d/b/a McGee Surveying Consulting for GPS surveys and the associated report; and, 3) Authorized the expenditure of $58,320 for the required surveys and associated report; and authorized the expenditure of up to $5,500 as a project contingency in the event additional work is identified during the field surveys and is determined to be required by the Director of Public Works. Rejection of Bids received for the Sunnyside Ridge Trail Segment Project (Supports 2014 City Council Goal, Infrastructure) This item was removed from the Consent Calendar for separate consideration. Gifts for Parks Accepted Gifts for Parks donations and directed staff to prepare donor letters of appreciation for the Mayor's signature. Designation of Management Representatives for Labor Negotiations ADOPTED RESOLUTION NO. 2015-88, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2015-61 TO CHANGE THE DESIGNATION OF THE CITY'S LEAD NEGOTIATOR FROM PETER BROWN, ESQ. OF THE LAW FIRM LIEBERT CASSIDY WHITMORE TO COLIN J. TANNER, ESQ. OF THE LAW FIRM OF ALESHIRE & WYNDER, LLP. Award Contract for Catch Basin Cleaning Services 1) Approved the award of the Catch Basin Cleaning Maintenance Contract with Ron's Maintenance, Inc.; and, 2) Authorized the Mayor and City Clerk to execute the contract. ITEMS REMOVED FROM THE CONSENT CALENDAR: Approval of Minutes Noel Weiss, opined that the Council's action taken at the September 1, 2015 City Council meeting regarding the Green Hills Memorial Park, as reflected in the Minutes, should be an administerial act only with the adoption of the resolutions, and opined that the Minutes should be augmented and clarified along those lines. City Attorney Aleshire stated that he disagreed with the speaker's comments, noting that the Minutes reflect the action taken that night, and that the action of the City Council was not final until the adoption of the resolutions by the City Council. Draft City Council Minutes September 15, 2015 Page 6 of 12 Councilman Misetich moved, seconded by Councilman Duhovic, to approve the Minutes. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Knight NOES: None ABSENT: None Rejection of Bids received for the Sunnyside Ridge Trail Segment Project (Supports 2014 City Council Goal, Infrastructure) Sharon Yarber, Rancho Palos Verdes, provided comments regarding the Sunnyside Ridge Trail Project, noting there was a need for the construction of the trail and expressed her concerns with delays, in light of the predicted coming rains this winter. She suggested breaking the bids down to multiple bids for the different portions of the project, requested clarity for the project, as the City was in peril of losing the grant. Sandra Sandoval, spoke in support of the construction of the Sunnyside Ridge Trail Project, noting the project needs to move forward with no further delays, and cautioned about the possible loss of the grant for the project. Director of Public Works Throne provided a brief staff report, explaining components of the base bid and commenting on the three bids received which were all above the allocated budget. Discussion ensued among Council Members, staff, and City Attorney Aleshire. Councilman Duhovic moved, seconded by Mayor Pro Tem Brooks, to approve the staff recommendation to modify the scope of work, with staff directed to return with alternatives to address the essential elements of the construction of the trail, focusing on trailheads, unimproved trails and necessary drainage, with the goal of decreasing construction costs, and re -advertise the project as soon as possible. Councilman Duhovic amended his motion to include the rejection of bids. Mayor Pro Tem Brooks accepted the amendment to the motion. The motion as amended is reiterated as the following: Councilman Duhovic moved, seconded by Mayor Pro Tem Brooks, to approve the staff recommendation to modify the scope of work, with staff directed to return with alternatives to address the essential elements of the construction of the trail, focusing on trailheads, unimproved trails, and necessary drainage, with the goal of decreasing construction costs, and re -advertise the project as soon as possible; and reject all bids received for the Sunnyside Ridge Trail Segment Project. Draft City Council Minutes September 15, 2015 Page 7 of 12 The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Knight NOES: None ABSENT: None RECESS AND RECONVENE: Mayor Knight called a brief recess from 8:58 P.M. to 9:13 P.M. REGULAR BUSINESS: Assessment of Arterial Street Walls and Fences along Major Corridors City Clerk Morreale reported that there was no request to speak regarding this item. Deputy Community Development Director Mihranian provided a staff report and PowerPoint presentation regarding the assessment of the condition of arterial street walls and fences along segments of Hawthorne Blvd., Crest Road, and Palos Verdes Drive West, including chain-link fences, stone and block walls, Palos Verdes stone columns, and wrought iron fences. He noted that the majority of the arterial walls were not engineered as retaining walls, and illustrated the failure of some walls due to the sloughing of material from the adjoining slopes, which has compromised the integrity of the walls. Deputy Director of Public Works Jules provided an overview of possible fence and wall improvement options, including voluntary repairs; beautification program which could be a public/private partnership; Right -of -Way improvements, including landscaping in front of the walls; proactive code enforcement; or maintaining the status quo, with the inclusion of two upcoming projects: Hawthorne Blvd. Beautification Project and Hawthorne Blvd. Pedestrian Linkage Project. She displayed an illustration from a 2001 Beautification Study that proposed robust landscaping along a portion of Hawthorne Blvd. Discussion ensued among Council Members, staff, and City Attorney Aleshire. City Clerk Morreale reported that a request to speak had been received. Ken Dyda, Rancho Palos Verdes, suggested that the early median improvement studies included the use of drought -resistant, non-invasive landscaping in the medians that does not obstruct views; and noted the work should be prioritized and performed in phases based on available funding. Draft City Council Minutes September 15, 2015 Page 8 of 12 Mayor Pro Tem Brooks moved, seconded by Councilman Misetich, to direct staff to return with a strategic code enforcement plan to focus on the medians; repair chain-link fencing; work with the 2001 Beautification Study; and research the use of Community Development Block Grant (CDBG) funding for improvements where appropriate. Councilman Duhovic moved an amendment to the motion, seconded by Councilman Misetich, to immediately address all public safety issues with fencing; direct staff to move forward with median improvements; direct City Attorney Aleshire to look into legal issues involved with the removal of chain-link fencing on private property; direct staff to come back with a strategic code enforcement plan; and, direct staff to move forward with an overall beautification plan, with the location and possible utilization of components of the 2001 Beautification Study. Mayor Pro Tem Brooks and Councilman Misetich, as the maker and seconder of the motion, accepted this amendment. Mayor Knight suggested the inclusion of immediately addressing all encroachment issues in the public right-of-way. The maker and seconder of the motion accepted this amendment. The motion as amended is reiterated as the following: Mayor Pro Tem Brooks moved, seconded by Councilman Misetich, to immediately address all public safety and encroachment issues with fencing; direct staff to move forward with median improvements; direct City Attorney Aleshire to look into legal issues involved with the removal of chain-link fencing on private property; direct staff to come back with a strategic code enforcement plan; and, direct staff to move forward with an overall beautification plan, with the location and possible utilization of components of the 2001 Beautification Study. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Knight NOES: None ABSENT: None Mayor Pro Tem Brooks moved, seconded by Councilman Duhovic, to continue the meeting to 11:00 P.M. for the consideration of new business. Without objection, Mayor Knight so ordered. League of California Cities 2015 Annual Conference Resolutions Councilman Duhovic moved to waive the staff report. Draft City Council Minutes September 15, 2015 Page 9 of 12 Councilman Misetich moved a substitute motion, seconded by Councilman Duhovic, to waive the staff report and approve the staff recommendation to: Authorize the City Council's Voting Delegate to support the adoption of League of California Cities General Assembly Resolution No. 1 (League Bylaw Amendment); League of California Cities General Assembly Resolution No. 2 (Overconcentration of Alcohol & Drug Treatment Facilities); League of California Cities General Assembly Resolution No. 3 (Residential Rentals, Support for SB 593 (McGuire)); and, League of California Cities General Assembly Resolution No. 4 (Compensation for Prolonged Electrical Power Outages). The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Knight NOES: None ABSENT: None Preparations for the 2015-16 Winter Season (Supports City Council Goal, Public Infrastructure) Director of Public Works Throne provided a brief staff report and PowerPoint presentation regarding this item. Discussion ensued among Council Members and staff. Councilman Duhovic moved, seconded by Mayor Pro Tem Brooks, to approve the staff recommendation to: Receive and file a presentation from the Public Works Department on the preparations being made for the upcoming 2015-16 winter season. Without objection, Mayor Knight so ordered. ITEM REMOVED FROM THE CONSENT CALENDAR: FY14-15 Fiscal Year -End Budget Adjustments and Continuing Appropriations City Clerk Morreale reported that Councilman Duhovic requested this item be removed from the Consent Calendar for separate consideration. At the request of Councilman Duhovic, Director of Finance Cullen provided an overview of the proposed change in policy which will be used during the next budget process. She explained that staff would appropriate funds for only those Capital Improvement Projects (CIPs) that would be started in the next fiscal year; and commit funds for other CIPs as designated for a specific future purpose, knowing that if a project is committed in year one but not started until year 3, the estimated cost of the project will change. Director of Finance Cullen emphasized that the funding in this scenario would be committed, but not appropriated. She noted that if there were a large CIP, funds would only be appropriated for the portion of the project that would be completed in that fiscal Draft City Council Minutes September 15, 2015 Page 10 of 12 year; noting that this new policy would provide a more accurate real time picture of the budget. Discussion ensued among Council Members and staff. Councilman Duhovic moved, seconded by Mayor Pro Tem Brooks, to: 1) ADOPT RESOLUTION NO. 2015-89, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2014-41, THE BUDGET APPROPRIATION FOR FY14-15, TO REDUCE THE BUDGET FOR THE APPROVED CONTINUING APPROPRIATIONS; 2) ADOPT RESOLUTION NO. 2015- 90, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2015-47, THE BUDGET APPROPRIATION FOR FY15-16, TO INCREASE THE BUDGET FOR THE APPROVED CONTINUING APPROPRIATIONS; 3) ADOPT RESOLUTION NO. 2015-91, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2014-41, THE BUDGET APPROPRIATION FOR FY14-15, TO ADJUST THE BUDGET IN VARIOUS FUNDS OF THE CITY; and, 4) ADOPT RESOLUTION NO. 2015-92, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2015-47, THE BUDGET APPROPRIATION FOR FY15-16, TO ADJUST THE BUDGET IN VARIOUS FUNDS OF THE CITY. 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 item was raised by a Council Member as a future agenda item: Direct the City Attorney to look into insurance, potential liability and indemnification issues of the LPG Tank Facility (Duhovic) CITY COUNCIL ORAL REPORTS: This item was deferred to the next regular meeting. CLOSED SESSION REPORT: City Attorney Aleshire reported on the following Closed Session items: 1) With respect to the Potential Litigation against the City regarding Green Hills, no reportable action was taken; and, 2) With respect to the Conference with Labor Negotiators, no reportable action was taken. Draft City Council Minutes September 15, 2015 Page 11 of 12 ADJOURNMENT: At 11:05 P.M., Mayor Knight adjourned the meeting in the memory of Bill Bloch. Attest: City Clerk W:\City Council Minutes\2015\20150915 DRAFT CC MINS.docx Mayor Draft City Council Minutes September 15, 2015 Page 12 of 12