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RPVCCA_CC_DM_2014_04_15_B_20140318_CC_MINS_DRAFTDraft City Council Minutes March 18, 2014 Page 1 of 14 DRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MARCH 18, 2014 The meeting was called to order at 6:00 P.M. by Mayor Duhovic at Fred Hesse Community Park, 29301 Hawthorne Boulevard. RECESS TO CLOSED SESSION: At 6:00 P.M. the meeting was recessed into Closed Session, with Councilman Campbell absent. Councilman Misetich participated via teleconference, as listed on the agenda, from 5150 Westheimer, Navarro Room, Houston, TX 77056. RECONVENE TO REGULAR SESSION FOR A STUDY SESSION: At 6:35 P.M., Mayor Duhovic reconvened the meeting to Regular Session for a City Council Study Session. Councilman Misetich participated via teleconference, as listed on the agenda, from 5150 Westheimer, Navarro Room, Houston, TX 77056. City Council roll call was answered as follows: PRESENT: Brooks, Campbell, Knight, Misetich*, and Mayor Duhovic ABSENT: None *Councilman Misetich participated via teleconference. Also present were Carolynn Petru, Acting City Manager; Carol Lynch, City Attorney; Dennis McLean, Director of Finance/Information Technology; Joel Rojas, Community Development Director; Michael Throne, Director of Public Works; and, Carla Morreale, City Clerk. PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA FOR THE STUDY SESSION: None. DISCUSSION TOPICS: Review of Tentative Agendas & 2014 Goals & Priorities Discussion ensued among Council Members and City Attorney Lynch regarding items that are listed under the Future Agenda Items list at the end of the Tentative Agendas. B-1 Draft City Council Minutes March 18, 2014 Page 2 of 14 Councilwoman Brooks moved, seconded by Mayor Pro Tem Knight, to direct City Attorney Lynch to prepare a revision to the City Council Rules of Procedure to allow for the removal of Future Agenda items from the Tentative Agendas after one year on the list. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Knight, Misetich, and Mayor Duhovic NOES: None ABSENT: None Discussion ensued among Council Members, City Attorney Lynch, and staff regarding items listed on the upcoming Council Meeting agendas as listed on the Tentative Agendas. Councilwoman Brooks moved, seconded by Mayor Duhovic, to approve the Tentative Agendas and 2014 Goals & Priorities, as amended. Directed staff to send the revised Tentative Agendas to the Council, since there were numerous changes to the document. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Knight, Misetich, and Mayor Duhovic NOES: None ABSENT: None Future Agenda Items Proposed by Council Members to be Prioritized: None. RECESS AND RECONVENE: Mayor Duhovic called a brief recess from 7:06 P.M. to 7:15 P.M. REGULAR SESSION: City Council roll call was answered as follows: PRESENT: Brooks, Campbell, Knight, Misetich*, and Mayor Duhovic ABSENT: None * Councilman Misetich participated via teleconference, as listed on the agenda, from 5150 Westheimer, Navarro Room, Houston, TX 77056. B-2 Draft City Council Minutes March 18, 2014 Page 3 of 14 Also present were Carolynn Petru, Acting City Manager; Carol Lynch, City Attorney; Dennis McLean, Director of Finance/Information Technology (IT); Joel Rojas, Community Development Director; Michael Throne, Director of Public Works; Cory Linder, Director of Recreation and Parks; Kathryn Downs, Deputy Director of Finance/IT; Paul Christman, Building Official; Sean Robinson, Human Resources Manager; Ron Dragoo, Senior Engineer; Abigail Harwell, Assistant Planner; Lauren Ramezani, Senior Administrative Analyst; Chris Ortiz, Maintenance Supervisor; and, Carla Morreale, City Clerk. Also present was Timothy Schaefer, President, Magis Consulting Services. FLAG SALUTE: The Flag Salute was led by City Clerk Morreale. MAYOR’S ANNOUNCEMENTS: Mayor Duhovic invited Elizabeth Sala, Member of the Oversight Committee for Water Quality and Flood Protection Program and the City’s representative to the Los Angeles County West Vector Control District Board, to the podium to provide a briefing to the Council and public. Ms. Sala reported that she attended two West Vector Control Board meetings and requested the Council’s consideration of the following: 1) A link to the Los Angeles County West Vector Control District website on the City’s website; 2) Information regarding swarming bees or other pests to be provided to City staff answering incoming phone calls and to be added to Frequently Asked Questions on the City’s website; and, 3) Dissemination of current topics of interest from the West Vector Control Board to the residents via the City’s Newsletter and the Neighborhood Watch Program Coordinator. Mayor Duhovic provided announcements regarding the following: 1) The current recruitment underway to fill a vacancy on the Finance Advisory Committee; and, 2) March is Red Cross Month and ways in which residents can support the organization and/or prepared themselves for emergencies. He recognized and thanked the following individuals for their years of service: Planning Commissioners Paul Tetreault and Jeffrey Lewis; and Finance Advisory Committee Member Bill James who is now a member of the Planning Commission. RECYCLE DRAWING: Mayor Duhovic announced Recyclers of the Month from the March 4, 2014 City Council meeting: Renee Hassett and Donald Bell. 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. B-3 Draft City Council Minutes March 18, 2014 Page 4 of 14 APPROVAL OF THE AGENDA: Councilwoman Brooks moved, seconded by Mayor Duhovic, to approve the agenda, as presented. 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) Noel Weiss, Rancho Palos Verdes, provided comments regarding the need to be prepared for emergency events, and concerns regarding safety risks at the Rancho LPG Tank facility. Diane Smith, Rancho Palos Verdes, stated that in the past mistakes and misrepresentations have been made by consultants, applicants, and attorneys and she opined that fines and sanctions should be imposed on applicants and their attorneys for intentional misrepresentations. CITY MANAGER REPORT: City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding this item. Director of Public Works Throne provided a brief update report regarding the drought in California, and encouraged water conservation by all. He stated that the City has implemented a 20% reduction in its irrigation of parks; noted the use of drought tolerant landscaping and drip irrigation in any new public construction projects; and, pointed out that the City has a Water Efficient Landscaping ordinance for private developments . Director of Public Works Throne provided a brief report and map of the City’s street sweeping program, noting that residential streets are swept once a month and arterial streets once a week. Acting City Manager Petru provided a brief report regarding the City’s Do Not Disturb stickers and provided information regarding advertising materials and solicitation as defined in the City’s Municipal Code. She stated that a supply of the Do Not Disturb stickers are available at City Hall and information regarding business licenses for commercial solicitation purposes is available through the Community Development Department. NEW BUSINESS: B-4 Draft City Council Minutes March 18, 2014 Page 5 of 14 APPROVAL OF CONSENT CALENDAR: Councilwoman Brooks moved, seconded by Mayor Duhovic, to approve the Consent Calendar, as presented. Discussion ensued between Council Members and staff regarding Item F (Award Agreement - Storm Drain Video Inspection and Cleaning Services) and Item I (Appointment of Chairs to the City’s Advisory Boards). Director Throne explained the difference between the Storm Drain Video Inspections and Cleaning Services and the Storm Drain Master Plan, which is expected to be complete by the end of the year. Councilwoman Brooks commented on the hard work and dedication of the residents who volunteer as committee and commission members and requested attendance reports of committee and commission members on an annual basis. Mayor Duhovic thanked and announced the names of each of the Chairs to the City’s Advisory Boards to be appointed as part of the approval of the Consent Calendar. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Knight, Misetich, and Mayor Duhovic 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 February 18, 2014 Adjourned Regular Meeting (Interviews); February 18, 2014 Adjourned Regular Meeting; and March 4, 2014 Adjourned Regular Meeting (Interviews). Award Construction Contract for Abalone Cove Shoreline Park Improvement Project (Supports 2014 City Council Goal No. 2, Public Infrastructure) 1) Approved Plans and Specifications for Abalone Cove Shoreline Park Improvement project; 2) Awarded a construction contract for the base bid and ‘alternate bid items’ 3, 4 & 5 for the Abalone Cove Shoreline Park Improvement project to Kasa Construction B-5 Draft City Council Minutes March 18, 2014 Page 6 of 14 Inc., in the amount not to exceed $497,489.50 and authorized a 10% contingency in the amount of $49,749 for unforeseen conditions, for a total authorization of $547,238.50; 3) Awarded a Professional Services Agreement to KOA Corporation in the amount of $23,250 for the project’s construction inspection and oversight; and, 4) Authorize d the Mayor to execute the above mentioned agreements. Register of Demands ADOPTED RESOLUTION NO. 2014-14, 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. Professional Services Agreement to Conduct Residential Solid Waste Services Performance Audits of EDCO Disposal Corporation and Universal Waste Systems, Inc. (Supports 2014 City Council Goal of Government Efficiency, Fiscal Control and Transparency) 1) ADOPTED RESOLUTION NO. 2014-15, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2013- 43, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2013-14, FOR A BUDGET ADJUSTMENT TO THE PROFESSIONAL/TECHNICAL SERVICES WITHIN THE CITY’S WASTE REDUCTION FUND; and, 2) Awarded a professional services agreement to Stearns, Conrad and Schmidt Consulting Engineers, Inc. (SCS Engineers), in the amount not to exceed $61,710 to conduct Integrated Residential Solid Waste Services Agreement Performance Reviews/Audits of EDCO Disposal Corporation and Universal Waste Systems, Inc.; and authorized the Mayor and City Clerk to execute a professional services agreement. Award Agreement - Storm Drain Video Inspection and Cleaning Services 1) Awarded a three-year contract for Storm Drain Video Inspection and Cleaning services to Performance Pipeline Technologies, in an amount not to exceed $200,000 annually; 2) Authorized the Mayor and City Clerk to execute the agreement with Performance Pipeline Technologies; and, 3) Authorized the expenditure of up to $200,000 for the remainder of Fiscal Year 2013-14 and Fiscal Years 2014-15, 2015-16 and 2016-17 in accordance with future budgeted amounts. 2013 Annual Report on the Implementation of the Rancho Palos Verdes Housing Element Directed Staff to forward the City’s Annual Progress Report on the implementation of the Rancho Palos Verdes Housing Element for the 2013 calendar year to the Department of Housing and Community Development (HCD) and the State Office of Planning and Research (OPR). B-6 Draft City Council Minutes March 18, 2014 Page 7 of 14 Crossing Guard Services for 2014-2015 School Year, Amendment to Contract with All City Management Services Authorized the Mayor and the City Clerk to execute an amendment to the agreement with All City Management Services, Inc. (ACMS), for an amount not to exceed $18,044 to provide crossing guard services at Miraleste Intermediate School and Silver Spur Elementary School for the 2014-2015 School Year. Appointment of Chairs to the City’s Advisory Boards Appointed Chairs for the following five City Advisory Boards: Timothy Weiner for the Emergency Preparedness Committee; Dora M. de la Rosa for the Finance Advisory Committee; Gordon Leon for the Planning Commission; Lowell R. Wedemeyer for the Storm Drain User Fee Oversight Committee; and, Anthony Self for the Traffic Safety Committee. Assembly Bill No. 1839 (Gatto) Regarding California Film Tax Credits Authorized the Mayor to sign a multi-city letter of support for Assembly Bill No. 1839 (Gatto), as requested by Los Angeles Mayor Eric Garcetti. 2013 Annual Report on the Implementation of the Rancho Palos Verdes General Plan Directed Staff to forward the City’s Annual Progress Report on the implementation of the Rancho Palos Verdes General Plan in calendar year 2013 to the State Governor’s Office of Planning and Research and to the Department of Housing and Community Development. Don Wallace Radio Ranch Memorial Plaque Granted permission for placement of a Don Wallace memorial plaque to be located within the landscaped median near the entrance to the Don C. Wallace Radio Ranch Park, subject to the requirements of City Council Policy No. 37. # # # # # # PUBLIC HEARINGS: Adoption of Addendum No. 8 to a Negative Declaration for Ordinance No. 510 and Introduction of an Ordinance to Amend RPV Municipal Code Chapter 17.76.030 - Fences, Walls and Hedges (Case No. ZON2012-00346) 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. B-7 Draft City Council Minutes March 18, 2014 Page 8 of 14 Mayor Duhovic declared the public hearing open. Assistant Planner Harwell provided a brief staff report and PowerPoint presentation regarding this item. Discussion ensued among Council Members and staff. As suggested by Mayor Pro Tem, the term under 2A was changed from “abutting” to “adjacent” to more clearly define the location of a property. As there were no requests to speak, Mayor Duhovic declared the public hearing closed. Councilwoman Brooks moved, seconded by Mayor Pro Tem Knight, to: 1) ADOPT RESOLUTION NO. 2014-16, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ADOPTING ADDENDUM NO. 8 TO THE NEGATIVE DECLARATION FOR ORDINANCE NO. 510 FOR CODE AMENDMENTS TO REVISE SECTION 17.76.030 OF THE CITY’S DEVELOPMENT CODE (FENCES, WALLS AND HEDGES); AND, 2) RE-INTRODUCE ORDINANCE NO. 546, AS AMENDED, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, AMENDING SECTION 17.76.030 OF THE CITY MUNICIPAL CODE PERTAINING TO FENCES, WALLS AND HEDGES (CASE NO. ZON2012-00346). The motion passed on the following roll call vote: AYES: Brooks, Campbell, Knight, Misetich, and Mayor Duhovic NOES: None ABSENT: None RECESS AND RECONVENE: Mayor Duhovic called a brief recess from 8:02 P.M. to 8:09 P.M. REGULAR BUSINESS: Funding the San Ramon Canyon Stabilization Project City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding this item. Deputy Director of Finance/IT Downs provided a brief report and PowerPoint presentation regarding this item. Discussion ensued among Council Members, Tim Schaefer (the City’s Financial Advisor), and staff. B-8 Draft City Council Minutes March 18, 2014 Page 9 of 14 Dora de la Rosa, Chair, Finance Advisory Committee (FAC), commented that the FAC took no position regarding the item on debt policy. She added that the FAC was concerned with the estimated preparation time for the Infrastructure Management Plan (IMP) and recommended fast tracking the process. Bill James, Member, Finance Advisory Committee, stated that the FAC discussed the IMP, but did not discuss the idea of debt policy, noting that the two would overlap and should be considered together. He provided general comments regarding the review of the IMP; noted that it would be problematic for the IMP to span over several years, and that Public Works was not sufficiently staffed to manage all of the potential projects even if funding were available. Discussion ensued among Council Members, FAC Members, and staff. Councilman Misetich moved, seconded by Mayor Pro Tem Knight, to: 1) Receive and file the staff report and accompanying Memorandum from Magis Advisors; 2) Receive the Recommendations of the Finance Advisory Committee regarding funding the San Ramon Canyon Stabilization Project; 3) Direct Staff to proceed with implementation of the recommendations made to the City Council by the Finance Advisory Committee; and, 4) Direct staff to put effort into the completion of the Infrastructure Management Plan (IMP) to return the item to Council for consideration as soon as possible. Mayor Pro Tem Knight suggested a friendly amendment, which was accepted by the maker of the motion, to direct staff to prepare a Debt and Financing Policy. The motion, as amended, passed on the following roll call vote: AYES: Brooks, Campbell, Knight, Misetich, and Mayor Duhovic NOES: None ABSENT: None FY14-15 City Grant Program City Clerk Morreale reported that there was one request to speak regarding this item. Deputy Director of Finance/IT Downs provided a brief report regarding this item. Discussion ensued among Council Members and staff. Ann Shaw, Peninsula Seniors, noted that she was present to answer any questions the Council may have and commented that progress is being made towards the Peninsula Seniors eventual move into the new facility near the Peninsula Library. B-9 Draft City Council Minutes March 18, 2014 Page 10 of 14 Councilman Knight moved, seconded by Councilwoman Brooks, to: Include funding for City Grants in the draft FY14-15 budget identical to funding appropriated in the FY13-14 budget; with affirmation that no future City Grant application processes will be conducted, and with direction that appropriations for services from Peninsula Seniors and Los Serenos de Point Vicente be incorporated in the draft FY15-16 Recreation and Parks budget. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Knight, Misetich, and Mayor Duhovic NOES: None ABSENT: None RECESS AND RECONVENE: Mayor Duhovic called a brief recess from 8:54 P.M. to 9:03 P.M. Staffing Level Authorization (Supports 2014 City Council Goal: Government Efficiency, Accountability, Fiscal Control, Transparency, and Organizational Efficiency) Human Resources Manager Robinson provided a detailed staff report and PowerPoint presentation regarding this item. Discussion ensued among Council Members and staff. Councilwoman Brooks moved, seconded by Mayor Duhovic, to: Approve the Information Technology Manager salary range of $84,809-$125,839. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Knight, Misetich, and Mayor Duhovic NOES: None ABSENT: None Councilwoman Brooks moved, seconded by Councilman Misetich, to approve the new position of Maintenance Worker I. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Knight, Misetich, and Mayor Duhovic NOES: None ABSENT: None B-10 Draft City Council Minutes March 18, 2014 Page 11 of 14 Mayor Duhovic moved, seconded by Councilwoman Brooks, to consider the continuation of the meeting. 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 moved, seconded by Councilwoman Brooks, to: Approve funding for an authorized Permit Technician and an authorized Planning Technician in the Community Development Department. The motion passed on the following roll call vote: AYES: Brooks, Knight, Misetich, and Mayor Duhovic NOES: Campbell ABSENT: None Mayor Pro Tem Knight moved, seconded by Councilwoman Brooks, to: Approve funding for an authorized Administrative Staff Assistant in the Parks and Recreation Department. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Knight, Misetich, and Mayor Duhovic NOES: None ABSENT: None Mayor Duhovic moved, seconded by Councilman Campbell, to: Approve the new classification and salary range for a Principal Civil Engineer position in the Public Works Department. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Knight, Misetich, and Mayor Duhovic NOES: None Councilwoman Brooks moved, seconded by Councilman Misetich, to: ADOPT RESOLUTION NO. 2014-17, AS AMENDED, 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 TITLE OF INFORMATION TECHNOLOGY MANAGER, AMENDING THE INFORMATION TECHNOLOGY MANAGER (IT) SALARY RANGE, B-11 Draft City Council Minutes March 18, 2014 Page 12 of 14 ADDING THE TITLE OF PRINCIPAL CIVIL ENGINEER, AND RESCINDING RESOLUTION NO. 2013-79. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Knight, Misetich, and Mayor Duhovic NOES: None Mayor Duhovic moved, seconded by Mayor Pro Tem Knight, to continue the meeting to consider new business after 11:00 P.M. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Knight, Misetich, and Mayor Duhovic NOES: None RECESS AND RECONVENE: Mayor Duhovic called a brief recess from 11:00 P.M. to 11:06 P.M. RECONSIDERATION OF AGENDA: Polices Regarding Confidentiality of Attorney-Client Privileged Communications Mayor Duhovic moved, seconded by Councilman Campbell, to continue Item 6 (Policies Regarding Confidentiality of Attorney-Client Privileged Communications) to the next Regular Council Meeting on April 1, 2014. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Knight, Misetich, and Mayor Duhovic NOES: None City Manager Recruitment & City Council Meeting Schedule City Clerk Morreale reported that there was one request to speak regarding this item. Human Resources Manager Robinson provided a brief staff report regarding this item, noting that two of the recruiting firms are not available for interviews on the date of April 2, 2014. Discussion ensued among Council Members and staff. Minas Yerelian, Rancho Palos Verdes, stated that he has heard Acting City Manager Petru is doing a good job and suggested the Council offer her a one-year contract as B-12 Draft City Council Minutes March 18, 2014 Page 13 of 14 the Council seems pleased with her performance. He added that when the recruitment for City Manager begins he suggested the Council consider interviewing City residents first for the City Manager position. Councilwoman Brooks moved to approve the staff recommendation, as amended, to: 1) Receive and file the list of executive recruiting firms as recommended by the City Manager Recruitment Firm Selection Ad Hoc Subcommittee; 2) Confirm that the Council will conduct interviews of two of the executive recruiting firms on Wednesday, April 2, 2014; and, 3) Direct staff to provide a second date for the Council to conduct the last two interviews of the executive recruiting firms under consideration. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Knight, Misetich, and Mayor Duhovic NOES: None FUTURE AGENDA ITEMS: The following items were raised by Council Members as future agenda items: Audit Subcommittee to review the Public Works scanning project (Brooks) Presentation regarding South Bay Cities Council of Governments organization (Knight) Councilman Misetich left the meeting at 11:19 P.M. CITY COUNCIL ORAL REPORTS: Mayor Duhovic moved, seconded by Councilman Campbell, to defer this item to the next Regular Meeting. Without objection, Mayor Duhovic so ordered. CLOSED SESSION REPORT: City Attorney Lynch reported on the following Closed Session items: 1) With respect to the Joannou litigation listed on the agenda as Cases No. 1, 2, and 3, the Council unanimously gave direction to the City Attorney’s Office, with Councilman Campbell absent, and Councilman Misetich participating by teleconference; 2) With respect to the Nakamura v. Southern California Edison case, a report was given and no action was taken; 3) With respect to the Potential Litigation Against the City, a report was given and no action was taken; and, 4) The Public Employee Performance Evaluation of the City Attorney was continued. ADJOURNMENT: B-13 Draft City Council Minutes March 18, 2014 Page 14 of 14 At 11:21 P.M., Mayor Duhovic adjourned the meeting to an Adjourned Regular Meeting to be held at 6:00 P.M. on March 20, 2014 at Hesse Park to hold a Closed Session to discuss Labor Negotiations. ___________________ Mayor Attest: ___________________ City Clerk W:\City Council Minutes\2014\20140318 CC MINS DRAFT.doc B-14