RPVCCA_CC_DM_2014_05_B_20140429_CC_MINS_DRAFTDraft City Council Minutes
April 29, 2014
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DRAFT
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
ADJOURNED REGULAR MEETING
APRIL 29, 2014
The meeting was called to order at 6:00 P.M. by Mayor Duhovic at Fred Hesse
Community Park, 29301 Hawthorne Boulevard, and was immediately recessed into
Closed Session. The meeting reconvened at 7:00 P.M.
City Council roll call was answered as follows:
PRESENT: Brooks, Campbell, Misetich and Mayor Duhovic
ABSENT: Knight* (excused)
*Note: Mayor Pro Tem Knight was present at the Closed Session. Mayor Duhovic
noted that Mayor Pro Tem Knight would be arriving late to the Regular Session.
Also present were Carolynn Petru, Acting City Manager; Carol Lynch, City Attorney;
Dennis McLean, Director of Finance/Information Technology (IT); Michael Throne,
Director of Public Works; Cory Linder, Director of Recreation and Parks; Kathryn
Downs, Deputy Director of Finance/IT; Kit Fox, Senior Administrative Analyst; and,
Carla Morreale, City Clerk.
FLAG SALUTE:
The Flag Salute was led by Deputy Director of Finance/IT Downs.
MAYOR’S ANNOUNCEMENTS:
Mayor Duhovic announced the Palos Verdes Peninsula Chamber of Commerce would
be hosting the Young Entrepreneurs Investor Panel Program on April 30, 2014, at
Trump National Golf Club, which involves local middle and high school students who will
be pitching their “business ideas” to investors. Mayor Duhovic reported that there were
3 City Council meetings scheduled for the month of May.
APPROVAL OF THE AGENDA:
Councilwoman Brooks moved, seconded by Councilman Misetich, to approve the
agenda, as presented.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Misetich and Mayor Duhovic
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NOES: None
ABSENT: Knight
PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda)
None.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that late correspondence regarding Item C (Palos Verdes
Drive South (PVDS) Roadway Realignment – East End/Gateway Park Parking Lot
Informational Report) was distributed prior to the meeting, and there was one request to
speak regarding Item B (Approval of Minutes).
Councilwoman Brooks moved, seconded by Councilman Misetich, to approve the
Consent Calendar, with Item No. B (Approval of the Minutes) removed from the Consent
Calendar and to be heard immediately after the Consent Calendar.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Misetich and Mayor Duhovic
NOES: None
ABSENT: Knight
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.
Palos Verdes Drive South (PVDS) Roadway Realignment – East End/Gateway
Park Parking Lot Informational Report
Received and filed.
July 4th Celebration Contract Approval
Council action was taken later in the meeting to reconsider this item.
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Professional Services Agreement for City Manager Recruitment
1) Authorized the Mayor and City Clerk to execute the professional services agreement
with Bob Murray & Associates; and, 2) Disbanded the City Manager Recruitment Firm
Selection Ad Hoc Subcommittee.
# # # # # #
ITEM(S) REMOVED FROM THE CONSENT CALENDAR:
Approval of Minutes
Diane Smith, Rancho Palos Verdes, stated that she provided comments at the April 1,
2014 City Council meeting regarding the student enrollment numbers at Marymount
California University. She noted that she asked for a verification of the Marymount
California University enrollment numbers and staff acknowledged there was an
inconsistency between the enrollment numbers of the Conditional Use Permit and the
traffic mitigation measures. She requested that additional information regarding this
issue be included in the minutes and that the City Council establish a date for
Marymount California University to be in compliance.
Mayor Duhovic reported that he recalled the issue being raised and Community
Development Director Rojas stating that information would be forthcoming in the
summer of 2014.
Councilwoman Brooks moved, seconded by Councilman Campbell, to modify the
minutes to reflect that a question was raised regarding the verification of the Marymount
California University enrollment numbers and Community Development Director Rojas
reported staff would return to Council with enrollment information.
Without objection, Mayor Duhovic so ordered.
REGULAR BUSINESS:
Proposed Open Public Employee Negotiations (“OPEN”) Ordinance
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there were four requests to speak regarding this item.
City Attorney Lynch provided a brief report regarding this item and read into the record
minor modifications to the language proposed by Mayor Pro Tem Knight to provide
clarity. She noted that the proposed changes were to the first two sentences of Section
2.48.040 (A) to state: “Unless the City Council directs that a fiscal impact analysis shall
not be obtained, which shall be reported as provided in paragraph C below, the City’s
Department of Finance shall prepare a fiscal impact analysis of a meet and confer
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proposal, a proposed memorandum of understanding or an amendment to a
memorandum of understanding. The fiscal impact analysis shall be reviewed by an
independent certified public accountant with governmental expertise who is not a City
employee.”
Councilman Campbell added a brief statement regarding the basis for the ordinance,
which is to provide transparency to the public regarding the labor negotiations and will
strengthen the public’s confidence in local government. He added that the proposed
ordinance is simple, straight-forward, and captures the best practices from the City of
Costa Mesa and City of Beverly Hills, noting that the public and future Councils will
benefit from the streamlined ordinance.
Discussion ensued among Council Members and City Attorney Lynch.
Ken Dyda, Rancho Palos Verdes, stated that the proposed ordinance was a
continuance of the open transparency of the City begun one year ago when the Council
posted on its website information regarding employee compensation. He spoke in
support of the proposed ordinance.
Charles Ingraham, Rancho Palos Verdes, stated that he was in support of the proposed
ordinance and encouraged a continued open and transparent process. He said that the
process must be open and the existence of a union introduces a third party with their
own set of interests and priorities. He added that the focus should be on taking care of
City business at the right price.
Bob Nelson, Rancho Palos Verdes, stated that the Council was elected to lead and the
ordinance presents an opportunity for the Council to lead, noting transparency is
credibility and adds believability to the Council’s decision.
Anonymous, spoke in support of the proposed ordinance as a matter of transparency,
which is the cornerstone of good governance of the public trust. He stated that offers
and counteroffers during the negotiation process of City employee pay, benefits, and
pensions should be publicized, providing the constituents a seat at the table. He noted
the proposed ordinance was good common sense and ethical practice.
Sandra Sandoval, stated that she is in support of open transparency for union
negotiations, noting that she believes she speaks for many.
Krista Johnson, Rancho Palos Verdes, spoke in support of the proposed ordinance as
being a big step in moving towards transparency in governance. She added that the
community has a right to have information regarding the negotiations and how tax
dollars are being spent.
Discussion continued among Council Members, City Attorney Lynch and staff.
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Councilwoman Brooks moved, seconded by Councilman Campbell, to approve the staff
recommendation to: INTRODUCE ORDINANCE NO. 556, AS AMENDED, AN
ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, ADDING NEW CHAPTER
2.48 TO TITLE 2 OF THE RANCHO PALOS VERDES MUNICIPAL CODE
REGARDING OPENNESS IN NEGOTIATIONS AND THE PROCEDURE FOR
ADOPTING OR AMENDING A MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY AND AN EXCLUSIVELY RECOGNIZED EMPLOYEE ORGANIZATION.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Misetich and Mayor Duhovic
NOES: None
ABSENT: Knight
Hybrid Zero-Based Budgeting Menu Exercise
Deputy Director of Finance/IT Downs provided a brief overview of the Hybrid Zero-
Based Budget and PowerPoint presentation, which included a menu for the Council’s
use. She stated that staff was seeking Council’s direction on specific programs or
expenditures to be included in the draft FY14-15 Budget.
Discussion ensued among Council Members and staff regarding the budget menu
items.
Council directed the following budget line items be included in the Draft FY14-15
Budget: 1) City Council Salaries and Benefits for $106,300; 2) Land Purchase for
$55,000; 3) Quarterly City Newsletter for $26,000; 4) Community Outreach for $15,325;
and, 5) Planning Commission Salaries and Benefits for $11,500.
Discussion ensued among Council Members and staff regarding the expenses related
to the July 4th Celebration; and the insurance limits that the vendor is required to carry
for the event.
RECONSIDERATION OF CONSENT CALENDAR ITEM:
Councilwoman Brooks moved, seconded by Mayor Duhovic, to reconsider Item D (July
4th Celebration Contract Approval).
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Misetich and Mayor Duhovic
NOES: None
ABSENT: Knight
July 4th Celebration Contract Approval
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Discussion ensued among Council Members, staff, and City Attorney Lynch regarding
concerns about the vendor and subcontractor’s insurance levels and event revenue
generation and verification by City staff.
Councilwoman Brooks moved, seconded by Councilman Misetich, to bring back the July
4th Celebration contract approval on the next Council agenda.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Misetich and Mayor Duhovic
NOES: None
ABSENT: Knight
Hybrid Zero-Based Budgeting Menu Exercise (Continued)
Council continued with the budgeting exercise and directed the following budget line
items be included in the Draft FY14-15 Budget: 1) Recreation Special Events for
$58,750; and, 2) Annual Docent Appreciation Luncheon for $3,200.
Discussion ensued among Council Members and staff regarding the expenses related
to the aggregate amount for Meetings and Conferences.
Council directed staff to return with a historical report regarding the actual expenditures
for the Meetings and Conferences category with the funding to remain open until further
information is provided.
Council directed the following budget line item be included in the Draft FY14-15 Budget:
Legal Services Procurement Consultant for $50,000.
Discussion ensued among Council Members and staff regarding a concierge or liaison
type of staff position to respond to questions from residents regarding an assortment of
City topics.
Council directed staff to return with information regarding the funding of a full-time City
Council/City Manager Administrative Support staff member, dedicated to City Council
and City Manager administrative support, with a focus on managing inquiries from both
City Council and the public.
Council directed the following budget line item be included in the Draft FY14-15 Budget:
Personnel Part-Time Staffing for $30,500.
Mayor Pro Tem Knight arrived at the regular meeting at 8:26 P.M.
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Discussion ensued among Council Members, staff, and Lomita Sheriff’s Station Capt.
Bolin regarding specific budget line items of the Sheriff Services.
Council directed the following budget line items be included in the Draft FY14-15
Budget: 1) Sheriff Services for $4,286,300; and, 2) Sheriff Special Programs – Targeted
Enforcement for $72,000.
RECESS AND RECONVENE:
Mayor Duhovic called a brief recess from 8:36 P.M. to 8:50 P.M.
Discussion continued among Council Members and staff regarding the budget line
items.
Council directed the following budget line items be included in the Draft FY14-15
Budget: 1) Information Technology (IT) Professional Services for $331,000; 2) IT
Services Procurement Consultant for $50,000; 3) Landscape Architectural Consultant
for $16,400; 4) Graphics Consultant for $20,000; 5) Residential Street Rehabilitation for
$3,000,000; 6) Recreation Part-Time Staffing for $80,000; 7) City Attorney Legal
Services for $880,000; 8) General Liability & Other Insurance for $400,000; 9) MS4
Permit Implementation for $300,000; 10) Open Space Fuel Modification for $281,000;
and, 11) Civic Center Monopole – Aesthetics Study for $25,000.
Council discussion ensued regarding the placement of the Retroactive Adjustment to
General Liability Insurance either in the General Fund or Capital Improvement Plan
(CIP), and the Council directed to transfer this amount to the CIP for FY14-15.
Council directed the following additional items to be included in the Draft FY14-15
Budget: 1) Arterial Street Rehabilitation (Miraleste Drive) for $1,045,817; 2) Hesse Park-
Parking Lot Improvements for $210,000; 3) Civic Center Maintenance Yard & Space
Utilization Studies for $30,000; 4) Pt. Vicente Interpretive Center – Screening Wall for
$110,000; 5) Gateway Park Development for $200,000; 6) Eastview Dog Park for
$50,000; 7) Sunnyside Trail Segment for $165,000; 8) Water Quality Flood Protection
(WQFP) Subsidy for $820,000; 9) Cable TV Building Improvements for $110,000;
10) Fiber Optic Cabling – Hesse Park and Ryan Park for $260,000; for 11) ADA
Compliance Improvements for Phase 2 (Potential and Severe Hazards) for $300,000;
12) Drainage Area Monitoring System for $300,000; 13) Regional Storm Water Quality
Project for $100,000; and, 14) New Dewatering Wells for $180,000.
Council directed the amount of $22,200 under City Council memberships be moved to
City memberships.
Matrix Report Status Update
Councilwoman Brooks moved, seconded by Mayor Duhovic, to waive the staff report.
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Without objection, Mayor Duhovic so ordered.
Received and filed the update on the status of implementing the recommendations of
the Matrix Report; and provided direction to Staff for further action as appropriate as
indicated below.
Recommendation CM/HR-3: Report Regarding Exit Interviews of Departing Employees
Discussion ensued among Council Members regarding this Matrix recommendation.
Councilman Misetich moved, seconded by Mayor Duhovic, to provide for annual
summary reports to the City Council regarding exit interviews of departing employees
Without objection, Mayor Duhovic so ordered.
Recommendation CM/HR-15: Rebid the City’s Legal Services Contract
Discussion ensued among Council Members regarding the rebidding of the City’s legal
services contract and the possibility of establishing a Council subcommittee to review
the initial proposals submitted by legal firms. Mayor Duhovic and Councilman Campbell
volunteered to be on the subcommittee.
Mayor Duhovic moved, seconded by Councilwoman Brooks, to establish a City Council
Ad Hoc Subcommittee consisting of Mayor Duhovic and Councilman Campbell
regarding the rebidding of the City’s legal services contract.
Without objection, Mayor Duhovic so ordered.
Recommendation CM/HR-16: Consider Establishing a staff City Attorney position
Discussion ensued among Council Members regarding this Matrix recommendation.
Staff was directed, by acclamation, to take no action on this matter.
Without objection, Mayor Duhovic so ordered.
Recommendation CC-1: Action Minutes only for City Council Minutes and Minutes of
other City Advisory Boards
Discussion ensued among Council Members regarding this Matrix recommendation.
Staff was directed, by acclamation, to leave the form of Minutes as they currently exist
for the City Council and other City Advisory Boards.
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Without objection, Mayor Duhovic so ordered.
Recommendation PW-5: Utilize Cost of Construction Standards
Discussion ensued among Council Members and staff regarding this Matrix
recommendation.
Staff was directed, by acclamation, to suspend this recommendation for the present
time, with staff to analyze the current cost of construction standards as related to
industry standards, with the Council to possibly revisit this recommendation at a future
update of the implementation of the Matrix Report recommendations.
Without objection, Mayor Duhovic so ordered.
Recommendation PW-6: Informal Billability Targets for Engineering Staff
Discussion ensued among Council Members and staff regarding this Matrix
recommendation.
Staff was directed, by acclamation, to suspend this recommendation for the present
time, with the Council to possibly revisit this recommendation at a future update of the
implementation of the Matrix Report recommendations.
Without objection, Mayor Duhovic so ordered.
Recommendation PW-8: Development of Detailed Capital Program Resource
Requirements/Filing Assistant Engineer Position
Discussion ensued among Council Members regarding this Matrix recommendation. It
was decided this item was complete as the Assistant Engineer position was filled.
Recommendation PW-9: Consider Implementation of Maintenance Tracking System
regarding Maintenance Efforts, Costs, and Assessments
Discussion ensued among Council Members and staff regarding this Matrix
recommendation.
By acclamation, Council affirmed this item should be given “High” priority as it is already
in the process and fits in with the upcoming Infrastructure Management Plan.
Without objection, Mayor Duhovic so ordered.
Recommendation R&P-1: Review of Recreational Programs
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Discussion ensued among Council Members and staff regarding this Matrix
recommendation.
By acclamation, the Council decided they would wait to hear from Director of Recreation
and Parks Linder after he has the opportunity to review and analyze the City’s existing
recreational programs, as to the most cost effective manner in which to run recreational
programs.
Without objective, Mayor Duhovic so ordered.
Discussion ensued among Council Members.
FUTURE AGENDA ITEMS:
None.
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 April 15,
2014.
CLOSED SESSION REPORT:
City Attorney Lynch reported on the following Closed Session items: 1) With respect to
the item of Potential Litigation against the City, a report was given to the Council, no
action was taken; and, 2) With respect to the Conference with Labor Negotiators, she
reported that Mr. Brown indicated a report was given by the Negotiators and direction
was given to the Negotiators by the City Council, with all Council Members present for
the entire Closed Session.
ADJOURNMENT:
At 10:39 P.M., Mayor Duhovic adjourned the meeting in the memory of the victims of
the recent tornados in the Midwest and Southern States.
___________________
Mayor
Attest:
___________________
City Clerk
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