RPVCCA_CC_DM_2014_01_08_B_20131203_CC_MINS_DRAFTDraft City Council Minutes
December 3, 2013
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DRAFT
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
DECEMBER 3, 2013
The meeting was called to order at 6:00 P.M. by Mayor Brooks at Fred Hesse Community
Park, 29301 Hawthorne Boulevard, and was immediately recessed into Closed Session.
The meeting reconvened at 7:03 P.M.
City Council roll call was answered as follows:
PRESENT: Campbell, Duhovic, Knight, Misetich and Mayor Brooks
ABSENT: None
Also present were Carolyn Lehr, City Manager; Carolynn Petru, Deputy City Manager;
Carol Lynch, City Attorney; Dennis McLean, Director of Finance/Information Technology
(IT); Joel Rojas, Community Development Director; Cory Linder, Director of Recreation
and Parks; Les Jones, Interim Director of Public Works; Kathryn Downs, Deputy Director
of Finance/IT; Nicole Jules, Senior Engineer; Sean Robinson, Human Resources
Manager; Mike Gibson, Senior Administrative Analyst; Tracy Bonano, Senior
Administrative Analyst; Lauren Ramezani, Senior Administrative Analyst; Ryan Mills,
Senior Administrative Analyst; and, Carla Morreale, City Clerk.
Also present were the following: Timothy Schaefer, President, Magis Consulting
Services; and, Carolyn Harshman, Consultant, Emergency Planning Consultants.
FLAG SALUTE:
The Flag Salute was led by Juan Forteza.
MAYOR’S ANNOUNCEMENTS:
Mayor Brooks presented Florence McTaggart with a plaque in commemoration of the
dedication of the Hesse Park Council Chambers as the John C. McTaggart Memorial Hall
and Council Chambers in honor of former Mayor and Councilman John C. McTaggart.
She provided a brief synopsis of John McTaggart’s service to the City, noting he was the
longest serving elected official in the City’s 40-year history.
CERTIFICATION OF ELECTION:
Mayor Brooks thanked her colleagues, staff, City Advisory Board Members, and the
residents and provided a commentary highlighting events and projects of the past year.
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Mayor Pro Tem Duhovic thanked Mayor Brooks for her work this past year and presented
her with a gavel and framed 40th Anniversary photograph for her past year of service as
Mayor of the City.
Councilman Misetich, Councilman Knight, and Councilman Campbell thanked Mayor
Brooks for her countless hours and hard work as Mayor over the past year.
Certification of Election Results
City Clerk Morreale provided a brief report regarding the Certification of Election results
declaring Anthony Misetich and Brian Campbell as the newly elected Council Members
as a result of the November 5, 2013 General Municipal Election.
Councilman Knight moved, seconded by Mayor Pro Tem Duhovic, to approve the staff
recommendation to certify the Election results and ADOPT RESOLUTION NO. 2013-73,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD IN
SAID CITY ON NOVEMBER 5, 2013, DECLARING THE RESULTS THEREOF AND
SUCH OTHER MATTERS AS PROVIDED BY LAW.
The motion passed on the following roll call vote:
AYES: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks
NOES: None
ABSENT: None
Swearing in and Seating of Newly Elected Council Members Campbell and Misetich
City Clerk Morreale administered the Oath of Office to newly elected Council Members
Brian Campbell and Anthony Misetich.
COUNCIL REORGANIZATION:
Selection of Mayor
City Clerk Morreale called for nominations for the selection of Mayor.
Councilman Knight nominated Mayor Pro Tem Duhovic for Mayor. Councilman Misetich
seconded the motion.
The motion carried on the following roll call vote:
AYES: Campbell, Duhovic, Knight, Misetich and Mayor Brooks
NOES: None
ABSENT: None
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Selection of Mayor Pro Tem
Mayor Duhovic called for nominations for the selection of Mayor Pro Tem.
Councilwoman Brooks nominated Councilman Knight to serve as Mayor Pro Tem.
Councilman Campbell seconded the motion.
The motion carried on the following roll call vote:
AYES: Brooks, Campbell, Knight, Misetich, and Mayor Duhovic
NOES: None
ABSENT: None
Mayor Duhovic thanked Councilwoman Brooks for her service as Mayor over the past
year and congratulated Mayor Pro Tem Knight for his appointment as the new Mayor Pro
Tem. He provided a brief overview of his top goals and priorities, as well as the projects
and issues facing the City over the coming year; thanked his family and friends for their
support; and thanked the residents for their continued involvement with the City.
Mayor Pro Tem Knight thanked his colleagues for their vote of confidence and stated that
he looks forward to a productive coming year as the Council continues to work together
for the best interests of the residents of the City.
Councilwoman Brooks, Councilman Campbell, and Councilman Misetich provided brief
remarks regarding the coming year and opportunity to continue serving the residents of
the City of Rancho Palos Verdes. Newly elected Councilman Campbell and Councilman
Misetich thanked their family, friends, and the residents for electing them as Council
Members for another four years of service.
Councilwoman Brooks passed on the oversized gavel to Mayor Duhovic as he begins his
yearlong service as Mayor.
RECESS/RECEPTION:
Mayor Duhovic declared a brief recess from 8:05 P.M. to 8:31 P.M.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
Mayor Duhovic announced Recyclers of the Month from the November 19, 2013 City
Council meeting: Phillip Rubaloff and Leatrice Osofsky. 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.
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APPROVAL OF THE AGENDA:
Mayor Pro Tem Knight suggested that Item No. 7 (Certificate of Deposit Account Registry
Service Agreement) be moved up on the agenda to be considered before the Public
Hearing.
Mayor Pro Tem Knight moved, seconded by Councilwoman Brooks, to approve the
agenda, as amended, with Item No. 7 (Certificate of Deposit Account Registry Service
Agreement) moved up on the agenda prior to the Public Hearing.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, Misetich and Mayor Duhovic
NOES: None
ABSENT: None
PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda)
None.
CITY MANAGER REPORT:
Deputy City Manager Petru announced that the Lomita Sheriff’s Station will be
sponsoring the annual “Santa’s Sleigh” event through some of the local Rancho Palos
Verdes neighborhoods December 4th through 22nd.
Director of Recreation and Parks Linder announced the upcoming “Breakfast with Santa”
event to be held on Saturday, December 14, 2013 at Hesse Park.
City Manager Lehr announced that staff from the Public Works and Community
Development Departments with assistance from the City Attorney’s Office will be creating
a new City library of reference materials regarding the Landslide Area along Palos
Verdes Drive South.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that late correspondence regarding Item C (Border Issues
Status Report), Item D (Adoption of Ordinance No. 552 - Code Amendment to Chapter
15.20 Moratorium on Land Use Permits), Item H (Adoption of Revised Salary and Hourly
Schedule for the Competitive, Management and Part-Time Positions) and Item K (Palos
Verdes Nature Preserve – Palos Verdes Peninsula Land Conservancy 2010-2012
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Cumulative Report and 2012 Annual Report) was distributed prior to the meeting, and
there were no requests to speak on Consent Calendar items.
Mayor Pro Tem Knight stated that he would like Item D (Adoption of Ordinance No. 552 -
Code Amendment to Chapter 15.20 Moratorium on Land Use Permits) removed from the
Consent Calendar for a separate vote as he would be recusing himself from voting on
that item.
Councilman Campbell requested that Item H (Adoption of Revised Salary and Hourly
Schedule for the Competitive, Management and Part-Time Positions) be removed from
the Consent Calendar for separate consideration.
Councilwoman Brooks moved, seconded by Mayor Pro Tem Knight, to approve the
Consent Calendar, as amended, with Item No. D (Adoption of Ordinance No. 552 - Code
Amendment to Chapter 15.20 Moratorium on Land Use Permits) removed from the
Consent Calendar to be voted on separately; and Item H (Adoption of Revised Salary
and Hourly Schedule for the Competitive, Management and Part-Time Positions)
removed from the Consent Calendar and to be heard after the Regular Business items.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight*, Misetich and Mayor Duhovic
NOES: None
ABSENT: None
*Mayor Pro Tem Knight voted no on Item F.
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 6, 2013 Regular Meeting.
Border Issues Status Report
Received and filed the current report on the status of Border Issues.
Adoption of Ordinance No. 552 - Code Amendment to Chapter 15.20 (Moratorium
on Land Use Permits) of the Rancho Palos Verdes Municipal Code to Establish an
Exception Category to Allow Minor, Non-Remedial Grading on Lots Developed with
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a Residential Structure or Other Lawfully Existing Non-Residential Structure within
the City’s Landslide Moratorium Area
This item was removed from the Consent Calendar for separate consideration.
Approval of Annual Commercial Haulers Agreements for 2014
1) Authorized the Mayor to execute one-year non-exclusive commercial refuse collection
and disposal services agreements for 2014 with eight companies: California Waste
Services LLC; CalMet Services, Inc.; Consolidated Disposal Service, LLC; 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. 2013-74, 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 COMMERCIAL PREMISES, AND ROLL OFF
SERVICES TO RESIDENTIAL AND COMMERCIAL PREMISES IN THE CITY OF
RANCHO PALOS VERDES IN CALENDAR YEAR 2014.
Amendment to a Special Use Permit at Green Hills Memorial Park (Planning Case
No. ZON2010-00366)
ADOPTED RESOLUTION NO. 2013-75, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, THEREBY MEMORIALIZING THE CITY
COUNCIL’S DECISION MADE ON NOVEMBER 19, 2013 TO EXTEND APPROVAL OF
GREEN HILLS MEMORIAL PARK’S CURRENT SPECIAL USE PERMIT FOR USE OF
TWO TEMPORARY MODULAR BUILDINGS FOR ONE ADDITIONAL YEAR SO THAT
THE APPLICANT CAN OBTAIN ALL THE NECESSARY CITY APPROVALS AND
PERMITS FOR PERMANENT BUILDINGS IN LIEU OF THE TWO TEMPORARY
MODULAR BUILDINGS (PLANNING CASE NO. 2010-00366).
Adoption of Ordinance No. 553 – Amendment to Municipal Code Sections 8.20.250,
8.20.220 and 8.24.060(A)(2) Making Minor Amendments to the Regulations
regarding Residential Trash Containers
ADOPTED ORDINANCE NO. 553, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE
REGARDING TRASH CONTAINERS.
Adoption of Revised Salary and Hourly Schedule for the Competitive, Management
and Part-Time Positions
This item was removed from the Consent Calendar for separate consideration.
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Register of Demands
ADOPTED RESOLUTION NO. 2013-76, 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.
October 2013 Monthly Report of Cash Balances
Received and filed the October 2013 Monthly Report of Cash Balances for the City of
Rancho Palos Verdes.
Palos Verdes Nature Preserve – Palos Verdes Peninsula Land Conservancy 2010-
2012 Cumulative Report and 2012 Annual Report (Supports 2013 City Council Goal-
Trail System Enhancement)
Received and filed the 2010-2012 Cumulative Report and the 2012 Annual Report
submitted by the Palos Verdes Peninsula Land Conservancy on its management
activities for the Palos Verdes Nature Preserve.
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ITEM(S) REMOVED FROM THE CONSENT CALENDAR:
Adoption of Ordinance No. 552 - Code Amendment to Chapter 15.20 (Moratorium
on Land Use Permits) of the Rancho Palos Verdes Municipal Code to Establish an
Exception Category to Allow Minor, Non-Remedial Grading on Lots Developed with
a Residential Structure or Other Lawfully Existing Non-Residential Structure within
the City’s Landslide Moratorium Area
Mayor Pro Tem Knight stated that he would be recusing himself from discussion of this
item and left the dais at 8:44 P.M.
Councilwoman Brooks moved, seconded by Councilman Misetich, to approve the staff
recommendation to: ADOPT ORDINANCE NO. 552, AN ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES, ADOPTING AMENDMENTS TO CHAPTER 15.20
(MORATORIUM ON LAND USE PERMITS) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE TO ESTABLISH AN EXCEPTION CATEGORY TO ALLOW MINOR,
NON-REMEDIAL GRADING ON LOTS DEVELOPED WITH A RESIDENTIAL
STRUCTURE OR OTHER LAWFULLY EXISTING NONRESIDENTIAL STRUCTURE
WITHIN THE CITY'S LANDSLIDE MORATORIUM AREA.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Misetich and Mayor Duhovic
NOES: None
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ABSENT: Knight (recused)
Mayor Pro Tem Knight returned to the dais at 8:45 P.M.
REGULAR BUSINESS:
Certificate of Deposit Account Registry Service (CDARS) Agreement
Director of Finance/IT McLean provided a staff report and PowerPoint presentation
regarding this item.
Timothy Schaefer, President, Magis Consulting Services and the City’s Investment
Advisor, answered questions posed by Council Members. Mr. Schaefer addressed the
following fiduciary duties that needed to be satisfied prior to presenting this item to the
Council for approval: 1) good internal controls; 2) good understanding of the investment
risks and opportunities that will be presented; and, 3) proper vetting with the City Attorney
since this project is dealing with public funds. He added that it is prudent to begin with a
smaller amount of money in the CDARS program, until making certain that the systems
are all working properly, and then expand the program once the mechanical features of
internal controls are working correctly.
Discussion ensued among Council Members, staff, and City Attorney Lynch.
Councilwoman Brooks moved, seconded by Councilman Campbell, to approve the staff
recommendation to: 1) Approve form of the Certificate of Deposit Account Registry
Service (CDARS) agreement through Promontory Interfinancial Network; 2) Approve form
of the Custodial Agreement with Malaga Bank; and, 3) ADOPT RESOLUTION NO. 2013-
77, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, APPROVING THE FORM CDARS AGREEMENT AND CUSTODIAL
AGREEMENT, DIRECTING THE MAYOR TO SIGN THE CDARS AGREEMENT AND
CUSTODIAL AGREEMENT WITH MALAGA BANK, AND DESIGNATING THE CITY
MANAGER, CITY TREASURER AND DEPUTY CITY MANAGER AS SIGNATORIES TO
EXECUTE ANY SUBORDINATE AGREEMENTS AND OTHER DOCUMENTS TO
IMPLEMENT THE CDARS PROGRAM.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, Misetich and Mayor Duhovic
NOES: None
ABSENT: None
PUBLIC HEARINGS:
Draft Mitigated Negative Declaration for the Marymount Athletic Field Expansion
Project (Location: Marymount California University, 30800 Palos Verdes Drive East)
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City Clerk Morreale reported that notice of the public hearing was duly published, written
protests included with late correspondence distributed prior to the meeting, and there
were no requests to speak regarding this item.
Mayor Duhovic declared the public hearing open.
Councilman Misetich moved, seconded by Councilwoman Brooks, to approve the staff
recommendation to: Continue the public meeting for the sole purpose of obtaining
comments on the Draft Mitigated Negative Declaration to the January 21, 2014 City
Council meeting.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, Misetich and Mayor Duhovic
NOES: None
ABSENT: None
REGULAR BUSINESS (continued):
Proposed FY 2014-15 Community Development Block Grant (CDBG) Program
City Clerk Morreale reported there were no requests to speak regarding this item.
Senior Administrative Analyst Gibson provided a brief staff report and PowerPoint
presentation regarding this item.
Discussion ensued among Council Members and staff.
Councilwoman Brooks moved, seconded by Mayor Pro Tem Knight, to adopt the staff
recommendation 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, Campbell, Knight, Misetich and Mayor Duhovic
NOES: None
ABSENT: None
Draft 2013 Rancho Palos Verdes/Rolling Hills Estates (RPV/RHE) All Hazards
Multijurisdictional Mitigation Plan
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City Clerk Morreale reported there were no requests to speak regarding this item.
Senior Administrative Analyst Bonano provided a brief staff report regarding this item.
She noted that the 2013 Rancho Palos Verdes/Rolling Hills Estates (RPV/RHE) All
Hazards Multijurisdictional Mitigation Plan would be placed on the City’s website.
Discussion ensued among Council Members and staff.
Councilwoman Brooks moved, seconded by Mayor Pro Tem Knight, to approve the staff
recommendation to: ADOPT RESOLUTION NO. 2013-78, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ADOPTING THE 2013
ALL HAZARDS MULTIJURISDICTIONAL MITIGATION PLAN, AS PRESENTED.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, Misetich and Mayor Duhovic
NOES: None
ABSENT: None
Adoption of Revised Salary and Hourly Schedule for the Competitive, Management
and Part-Time Positions
City Clerk Morreale reported that Councilman Campbell requested this item be removed
from the Consent Calendar for separate consideration, there were no requests to speak
on the matter, and late correspondence was distributed prior to the meeting regarding
this item.
Human Resources Manager Robinson provided a brief staff report regarding information
he recently learned at a CalPERS consortium. He explained that every employee
position in the City must be listed in the City’s pay rate schedule, and noted this item has
been presented to include the City Manager’s pay rate into that schedule so that the pay
rate schedule is in compliance with the California Government Code and CalPERS
requirements.
Councilman Misetich moved, seconded by Mayor Pro Tem Knight, to: ADOPT
RESOLUTION NO. 2013-79, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, REVISING THE SALARY AND HOURLY SCHEDULE
FOR THE COMPETITIVE, MANAGEMENT AND PART-TIME POSITIONS, BY ADDING
THE CITY MANAGER POSITION TO AFOREMENTIONED SCHEDULE, AND
RESCINDING RESOLUTION NO. 2011-82.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, Misetich and Mayor Duhovic
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NOES: None
ABSENT: None
FUTURE AGENDA ITEMS:
Mayor Pro Tem Knight commented on the recent receipt of a letter from the Water
Replenishment District regarding a new Groundwater Reliability Improvement Program
and the request for City support of the program.
Council directed staff to place this item on the Consent Calendar of a future agenda.
CITY COUNCIL ORAL REPORTS:
Each Council Member reported on his/her attendance at various organization and
association meetings since the last City Council Oral Reports were provided on
November 19, 2013.
CLOSED SESSION REPORT:
City Attorney Lynch reported that with respect to the existing litigation regarding the
Nakamura, et al. (City of Rancho Palos Verdes) versus Southern California Edison case,
the Council met in Closed Session to discuss this item and the Council voted (4-0), with
Councilman Campbell absent, to authorize the City Attorney’s Office to engage an expert
to address issues that were raised.
ADJOURNMENT:
At 9:52 P.M., Mayor Duhovic adjourned the meeting.
___________________
Mayor
Attest:
___________________
City Clerk
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