RPVCCA_CC_DM_2013_01_15_B_CC_Draft_Mins_20121218_Draft City Council Minutes
December 18, 2012
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DRAFT
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
DECEMBER 18, 2012
The meeting was called to order at 6:06 P.M. by Mayor Brooks at Fred Hesse
Community Park, 29301 Hawthorne Boulevard. Councilman Misetich participated via
teleconference, as listed on the agenda, from the Blue Park Building, Calle 45, Suite
1902, Panama, Republic of Panama. The City Council conducted interviews of Finance
Advisory Committee applicants in the Fireside Room.
RECESS TO CLOSED SESSION:
At 6:40 P.M. the meeting was recessed into Closed Session, with all Council Members
present, and Councilman Misetich participating via teleconference from the remote
location listed on the agenda.
RECONVENE TO REGULAR SESSION FOR A STUDY SESSION:
At 7:08 P.M., Mayor Brooks reconvened the meeting to Regular Session for a City
Council Study Session.
City Council roll call was answered as follows:
PRESENT: Campbell, Duhovic, Knight, and Mayor Brooks
ABSENT: Misetich*
*Councilman Misetich joined the meeting via teleconference at 7:10 P.M.
Also present were Carolyn Lehr, City Manager; Carolynn Petru, Deputy City
Manager/Interim Director of Recreation and Parks; Carol Lynch, City Attorney; Dennis
McLean, Director of Finance/Information Technology; Joel Rojas, Community
Development Director; Jim Hendrickson, Interim Director of Public Works; Ron Dragoo,
Senior Engineer; Siamak Motahari, Senior Engineer; Andy Winje, Associate Engineer;
Ara Mihranian, Deputy Community Development Director; Judy Huey, Senior
Administrative Analyst; and, Carla Morreale, City Clerk.
PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA FOR THE STUDY
SESSION:
None.
DISCUSSION TOPICS:
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Review of Tentative Agendas in Light of City Council Goals, Including Questions
of Staff
Discussion ensued among Council Members and staff regarding items on the upcoming
Council Meeting agendas as listed on the Tentative Agendas.
Mayor Pro Tem Duhovic suggested moving Matrix Consulting Group-Citywide
Management and Staffing Study from the January 29th to the February 19th Council
Meeting, as there was still additional work that needed to be performed regarding this
item. He noted he may need to participate remotely in the January 29, 2013 Council
Meeting and suggested moving the Adopt a Median Program and Community Volunteer
Day Program to another date in February.
Future Agenda Items Proposed by Council Members to be Prioritized:
None.
REGULAR SESSION:
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/Interim Director of Recreation and Parks; Carol Lynch, City Attorney; Dennis
McLean, Director of Finance/Information Technology; Joel Rojas, Community
Development Director; Jim Hendrickson, Interim Director of Public Works; Ron Dragoo,
Senior Engineer; Siamak Motahari, Senior Engineer; Andy Winje, Associate Engineer;
Ara Mihranian, Deputy Community Development Director; Judy Huey, Senior
Administrative Analyst; and, Carla Morreale, City Clerk.
FLAG SALUTE:
The Flag Salute was led by Interim Public Works Director Jim Hendrickson.
MAYOR’S ANNOUNCEMENTS:
Mayor Brooks made the following memoriam announcements: 1) A tribute to United
States Coast Guard Chief Petty Officer Terrell Horne, III who lost his life in the line of
duty on December 2, 2012; and, 2) A tribute to the 26 victims of the tragic shooting at
Sandy Hook Elementary School in Newtown, Connecticut. She noted the meeting
would be adjourned in the honor of Chief Petty Officer Horne, III and the victims of the
Sandy Hook Elementary School in CT.
RECYCLE DRAWING:
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Mayor Brooks announced Recyclers of the Month from the December 4, 2012 City
Council meeting: Dennis Phillips and Sun Hi Lee. She indicated that all winners
receive a check for $250 representing a year of free refuse service and urged everyone
to participate in the City’s Recycling Program.
APPROVAL OF THE AGENDA:
Councilwoman Brooks stated that there was a request to move Item No. 7
(Consideration of Los Angeles County Flood Control District’s Water Quality Funding
Initiative) up on the agenda to follow immediately after the Consent Calendar, since
there were guest speakers present to speak regarding this item.
Mayor Pro Tem Duhovic requested that Item No. 3 (Appointments to the Finance
Advisory Committee) be moved up on the agenda since it should move quickly and he
noted there were members in the audience interested in the appointments to the
Finance Advisory Committee.
Councilman Knight moved, seconded by Mayor Pro Tem Duhovic, to approve the
agenda, as amended.
The motion passed on the following roll call vote:
AYES: Campbell, Duhovic, Knight, Misetich and Mayor Brooks
NOES: None
ABSENT: None
PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda)
None.
CITY MANAGER REPORT:
City Manager Lehr extended thanks and gratitude to Interim Public Works Director
Hendrickson for his service to the City for the past six months.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding Item No. H (Award Design Contract for Abalone Cove Shoreline Park
Improvements Project).
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Mayor Pro Tem Duhovic stated that he had a question regarding Item H and
Councilman Campbell noted he had questions regarding that item and requested that it
be removed from the Consent Calendar.
Mayor Pro Tem Duhovic moved, seconded by Councilman Campbell, to approve the
Consent Calendar with Item H (Award Design Contract for Abalone Cove Shoreline
Park Improvements Project) removed for separate consideration.
The motion passed on the following roll call vote:
AYES: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks
NOES: None
ABSENT: None
Motion to Waive Full Reading
Adopted a motion to waive reading in full of all ordinances presented at this meeting
with consent of the waiver of reading deemed to be given by all Council Members after
the reading of the title.
Approval of Minutes
Approved the Minutes of the November 20, 2012 Regular Meeting.
Award Construction and Construction Management/Inspection Services
Contracts for the Blackhorse CDBG Access Ramps - ADA Compliance Project
(Supports 2012 City Council Goal No. 4, Public Infrastructure – Citywide Street
Maintenance)
1) Approved the construction plans and contract documents, on file in the Department of
Public Works, for the Blackhorse Road CDBG Access Ramps – ADA Compliance
Project; 2) Awarded a construction contract to Crownline General Contractor in the
amount of $60,799 for the project; 3) Awarded a professional services contract to Merit
Civil Engineering in the amount of $5,797 for project construction management and
inspection services; 4) Authorized staff to utilize an additional 5% ($3,329.80) for
contingency; 5) Authorized the Mayor and City Clerk to execute the agreements; and,
6) ADOPTED RESOLUTION NO. 2012-90, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2012-
43, THE BUDGET APPROPRIATION FOR FY 2012-2013, FOR A BUDGET
ADJUSTMENT OF $14,000 TO THE CITY’S COMMUNITY DEVELOPMENT BLOCK
GRANT FUND.
Notice of Completion for the Miraleste Plaza Storm Drain Improvements
(Supports 2012 City Council Goal for Public Infrastructure)
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1) Accepted the work as complete; 2) Authorized the City Clerk to file a Notice of
Completion with the Los Angeles County Registrar-Recorder Office and if no claims are
filed within 35 days after recordation, and upon the contractor posting an acceptable
warranty bond, notice the surety company to exonerate the Performance bond; and,
3) Authorized the Director of Public Works to release the 5% retention payment in the
amount of $10,471.66 to MG Enterprises, Inc. 35 days after recordation of the Notice of
Completion by the Los Angeles County Recorder contingent upon no claims being filed
on the project and the contractor posting an acceptable warranty bond.
Approval of Annual Commercial Haulers Agreement for 2013
1) Authorized the Mayor and the City Clerk to execute one-year non-exclusive
commercial refuse collection and disposal services agreements for 2013 with nine
companies: California Waste Services LLC; CalMet Services, Inc.; Consolidated
Disposal Service, LLC; Easy Roll Off Services; EDCO Disposal Corporation; S & H
Disposal Company & Recycling Services; 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. 2012-91, 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 2013.
Register of Demands
ADOPTED RESOLUTION NO. 2012-92, 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.
Adopt Resolution for Labor Compliance Program Required by RPV California
Coastal Trail Grant Guidelines (Supports 2012 City Council Goal No. 10, City Trail
System Enhancement)
ADOPTED RESOLUTION NO. 2012-93, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, ADOPTING A LABOR COMPLIANCE
PROGRAM FOR THE RANCHO PALOS VERDES CALIFORNIA COASTAL TRAIL
PROJECT AND OTHER STATE AND FEDERALLY FUNDED PROJECTS REQUIRING
A LABOR COMPLIANCE PROGRAM AND AUTHORIZING PERCEPTIVE
ENTERPRISES, INC. TO ENFORCE THAT PROGRAM WITH STAFF OVERSIGHT.
Award Design Contract for Abalone Cove Shoreline Park Improvements Project
(Supports 2012 City Council Goal No. 4, Public Infrastructure)
This item was removed from the Consent Calendar for separate consideration.
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# # # # # #
REGULAR BUSINESS:
Consideration of Los Angeles County Flood Control District’s Water Quality
Funding Initiative
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there were three requests to speak regarding this item.
Interim Director of Public Works Hendrickson provided an overview of this item.
Associate Engineer Winje provided a staff report and PowerPoint presentation
regarding the proposed Los Angeles County Flood Control District’s Water Quality
Funding Initiative.
Russ Bryden, Los Angeles County Flood Control District, stated that he was present to
answer any specific questions that the Council may have regarding this item.
Rebekah Kim, Los Angeles (LA) County Supervisor Don Knabe’s Office, stated that
Supervisor Knabe was opposed to the LA County Flood Control District Measure since
he believes the Measure should come before all registered voters as it will impact all
residents of Los Angeles County.
Jim Stahl, Rancho Palos Verdes, former Chief Engineer and General Manager of the
Los Angeles County Sanitation District, stated that he was in the water infrastructure
business for nearly 50 years. He stated that he understood the issues regarding the
problems with the watershed and the need for the MS4 Permit. He added that he was a
strong proponent of regional solutions to wastewater and storm water compliance
issues of this type.
Discussion ensued among Council Members, City Attorney Lynch, staff, and the
speakers.
Councilman Misetich moved, seconded by Councilman Campbell, to : 1) Determine the
City would take a “no” position regarding the initiative; and, 2) Direct staff to send a
protest on behalf of each City-owned property to the Los Angeles County Board of
Supervisors regarding the proposed Water Quality Funding Initiative.
The motion passed on the following roll call vote:
AYES: Campbell, Duhovic, Knight, Misetich and Mayor Brooks
NOES: None
ABSENT: None
Appointments to the Finance Advisory Committee
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City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding this item. She noted that interviews occurred earlier in the evening
and distributed ballots for the Council’s selection of two members.
After two rounds of balloting, the Council appointed John Stillo and Eric Alegria to the
Finance Advisory Committee, each with a four year term of office until December 18,
2016.
PUBLIC HEARINGS:
Marymount College Facilities Expansion Project – Extension of the Time Period
for Completion of Phase 1 (Case No. ZON2003-00317) / 30800 Palos Verdes Drive
East
City Clerk Morreale reported that notice of the public hearing was duly published, written
protests included in the staff report and late correspondence, and there were 7 requests
to speak regarding this item.
Mayor Brooks declared the public hearing open.
Deputy Community Development Director Mihranian provided a brief staff report
regarding this item.
Don Davis, Attorney for Marymount College, provided a status update regarding
Marymount College’s plans to proceed with the construction of the permanent parking
lot and briefly addressed the progress on the modified plans for the athletic field. He
stated that Marymount College was very close to receiving its grading permit for the
parking lot; was waiting on bonding information; anticipated beginning work in the first
week of January 2013; and suggested a more reasonable time for an extension to some
time in May, noting that the College’s position has always been to seek the typical one
year extension to September 30, 2013.
Lois Karp, CCC/ME, Rancho Palos Verdes, stated that there should not be an extension
granted for items that are not listed for completion. She continued that they are going to
complete only the parking lot. She continued that Dr. Brophy stated at a Council
Meeting in September that the College would not be doing much of the Phase 1 and
that Phase 1 would instead include the utilities, a permanent parking lot, and the activity
field. She added that she was in favor of the approval of the extension so that the
permanent parking lot could be completed and the temporary lot restored to its original
state.
Mark Wells, Rancho Palos Verdes, stated that 2½ years ago the Marymount College
Expansion Project was approved and it was known that the Army Corps of Engineers
Permit was needed for the construction of the parking lot. He noted that the permanent
parking lot has not yet been built and opined that it would not be complete by
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September 30, 2013. He recommended removing time periods and phasing
requirements that Marymount College officials have not been able to follow. He
suggested that Marymount College should present the components of the project as
they intend to build them.
George Zugsmith, CCC/ME, Rancho Palos Verdes, stated that there was an enormous
amount of staff time utilized on this project, noting that he believes Marymount College
should reimburse the City for staff’s expenses. He noted students are not parking in the
temporary parking lot on campus, and are instead parking on the street.
Gregory Lash, CCC/ME, Rancho Palos Verdes, stated that he supports the CCC/ME
position and staff recommendation for a limit on time extensions. He added that the
College should adhere to what they agree to at this time.
Jim Gordon, Rancho Palos Verdes, stated that since the approval of Marymount
College’s Expansion Project, they have not completed any Phase 1 approved
construction to date and plan to defer most of the development to 2020 and beyond. He
noted he was not in favor of an extension beyond the completion of the permanent
parking lot and restoration of the temporary lot to its original state.
Chris Venn, Rancho Palos Verdes, stated that he was in favor of the staff
recommendation to have an extension to March 19, 2013, to allow the City Council to
monitor the progress of the construction activity at Marymount College.
RECESS AND RECONVENE:
Mayor Brooks called a brief recess from 8:37 P.M. to 8:42 P.M.
Councilman Knight moved, seconded by Councilman Misetich, to adopt the staff
recommendation to: Extend the planning entitlements and the construction completion
deadline for Phase 1 of the Marymount College Facilities Expansion Project from
December 18, 2012 to March 19, 2013, without prejudice to granting a further extension
up to September 30, 2013.
Discussion ensued among Council Members, City Attorney Lynch and staff.
Deputy Community Development Director Mihranian reported that staff recently
reviewed the Marymount College Student Handbook and Code of Conduct Book and
found that a section of that document indicates that students parking on the streets
surrounding the college when there is parking available on campus will be cited. He
noted that staff would be sending a letter to Marymount College regarding this issue.
Additional discussion continued among Council Members, Mr. Davis and staff.
Mayor Pro Tem Duhovic moved an amendment to the motion, to extend the completion
of the construction of the permanent parking lot to May 7, 2013.
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Mayor Pro Tem Duhovic noted that he would like to establish parking restrictions on
Palos Verdes Drive East in front of the school.
City Attorney Lynch stated that restrictions on the street parking would have to be
brought back as a future agenda item.
Discussion continued among Council Members and staff.
The maker and seconder of the motion accepted the amendment.
Mayor Brooks declared the public hearing closed.
The motion passed on the following roll call vote:
AYES: Campbell, Duhovic, Knight, Misetich and Mayor Brooks
NOES: None
ABSENT: None
Extension to Urgency Ordinance No. 541U which Establishes a Moratorium on the
Replacement or Repair of Privately Owned Fences or Walls along Arterial Streets
(ZON2012-00355)
City Clerk Morreale reported that notice of the public hearing was duly published, no
written protests received, and there were no requests to speak regarding this item.
Mayor Brooks declared the public hearing open.
As there were no requests to speak, Mayor Brooks declared the public hearing closed.
Mayor Pro Tem Duhovic moved, seconded by Councilman Knight, to: ADOPT
ORDINANCE NO. 543U, AN INTERIM ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES ENACTED PURSUANT TO CALIFORNIA GOVERNMENT CODE
SECTION 65858 EXTENDING A MORATORIUM ESTABLISHED BY URGENCY
ORDINANCE NO. 541U, REGARDING THE REPLACEMENT OR REPAIR OF
PRIVATELY OWNED FENCES OR WALLS ALONG ARTERIAL STREETS WITHIN
THE CITY AND DECLARING THE URGENCY THEREOF.
The motion passed on the following roll call vote:
AYES: Campbell, Duhovic, Knight, Misetich and Mayor Brooks
NOES: None
ABSENT: None
REGULAR BUSINESS: (Continued)
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Proposed 2013-2014 Community Development Block Grant (CDBG) Program
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there were no requests to speak regarding this item.
Interim Director of Public Works Hendrickson provided an overview of this item.
Discussion ensued among Council Members and staff.
Councilman Knight moved, seconded by Mayor Brooks, to adopt the staff
recommendation to: 1) Approve Option No. 3 to fund the final year of the Home
Improvement Program and an Americans with Disabilities Act (ADA) Improvement
project; 2) Authorize the Interim Director of Public Works to execute agreements for
CDBG projects with the Los Angeles County Community Development Commission;
and, 3) Authorize the Interim 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 fiscal year.
The motion passed on the following roll call vote:
AYES: Campbell, Duhovic, Knight, Misetich and Mayor Brooks
NOES: None
ABSENT: None
Landslide Mitigation Measures – Review of Prioritized List of Projects (Supports
City Council Goal – Public Infrastructure)
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there were no requests to speak regarding this item.
Mayor Brooks suggested waiving the staff report. As there was no request for a staff
report, discussion ensued among Council Members and staff.
Senior Engineer Dragoo provided a brief summary of the plans to move forward with a
project for Alta Mira Canyon in the near future.
Discussion ensued among Council Members and staff.
Mayor Pro Tem Duhovic moved, seconded by Councilman Campbell, to receive and file
the staff report.
The motion passed on the following roll call vote:
AYES: Campbell, Duhovic, Knight, Misetich and Mayor Brooks
NOES: None
ABSENT: None
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Agreement for Financial Advisor Services
Director of Finance/IT McLean provided a brief staff report regarding this item and
recent modifications that were made to the agreement.
Discussion ensued among Council Members and staff.
Councilman Misetich moved, seconded by Councilman Knight, to: 1) Select Option 1 to
approve the proposed agreement with Magis Advisors to provide financial advisor
services, including those related to funding the San Ramon Canyon Stabilization
project, pursuant to a retainer arrangement as described in Attachment A; and,
2) Authorize Magis Advisors to immediately proceed with Phase 1 services.
The motion passed on the following roll call vote:
AYES: Campbell, Duhovic, Knight, Misetich and Mayor Brooks
NOES: None
ABSENT: None
Award Design Contract for Abalone Cove Shoreline Park Improvements Project
(Supports 2012 City Council Goal No. 4, Public Infrastructure)
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and Mayor Pro Tem Duhovic and Councilman Campbell requested that this
item be removed from the Consent Calendar for separate consideration.
Mayor Pro Tem Duhovic asked for clarification regarding the project and the opportunity
for the public to provide input regarding this project.
Councilman Campbell inquired if there was a deadline for the project to be completed
and the mechanism for reimbursement for the project.
Staff clarified the parameters of the project, noting that there will be ample opportunity
for the public to provide input during the design stage of the project.
Discussion ensued among Council Members and staff.
Councilman Knight moved, seconded by Mayor Brooks, to: 1) Award contract to
Meléndrez to provide plans, specifications and cost estimate for the Abalone Cove
Shoreline Park Improvements project in an amount not to exceed $52,500 and
authorize staff to spend up to a maximum of $4,030 (allowance) for possible unforeseen
design work, for a total of authorization of $56,530; and, 2) Authorize the Mayor to
execute the contract with Meléndrez.
The motion passed on the following roll call vote:
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AYES: Duhovic, Knight, Misetich and Mayor Brooks
NOES: Campbell
ABSENT: None
FUTURE AGENDA ITEMS:
Mayor Pro Tem Duhovic requested an item be placed on a future agenda regarding a
naming opportunity for former Mayor/Councilman John McTaggart.
CITY COUNCIL ORAL REPORTS:
Councilman Misetich and Councilman Campbell stated that they would submit their City
Council reports in writing.
Councilman Misetich left the meeting at 9:53 P.M.
Council Member Knight, Mayor Pro Tem Duhovic, and Mayor Brooks reported on
his/her attendance at various organization and association meetings since the last City
Council Oral Reports were provided on November 20, 2012.
CLOSED SESSION REPORT:
City Attorney Lynch reported that with respect to the item regarding potential initiation of
litigation, the Council voted unanimously to authorize the City Attorney to file a lawsuit
against the County of Los Angeles regarding the Property Tax Administrative Fund
Litigation arising out of the City of Alhambra case.
ADJOURNMENT:
At 10:08 P.M., Mayor Brooks adjourned the meeting in the memory of U.S. Coast Guard
Chief Petty Officer Terrell Horne, III and the victims of the Sandy Hook Elementary
School in Newtown, CT.
___________________
Attest: Mayor
___________________
City Clerk
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