RPVCCA_CC_DM_2014_07_15_B_20140603_CC_MINS_DRAFTDraft City Council Minutes
June 3, 2014
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DRAFT
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
JUNE 3, 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 7:01 P.M.
City Council roll call was answered as follows:
PRESENT: Brooks, Campbell, Knight, Misetich and Mayor Duhovic
ABSENT: None
Also present were Carolynn Petru, Acting City Manager; Carol Lynch, City Attorney;
Dennis McLean, Director of Finance; Joel Rojas, Community Development Director;
Michael Throne, Director of Public Works; Cory Linder, Director of Recreation and
Parks; Kathryn Downs, Deputy Director of Finance; Paul Christman, Building Official;
Sean Robinson, Human Resources Manager; Lauren Ramezani, Senior Administrative
Analyst; and, Carla Morreale, City Clerk.
Also present was Mark Meyerhoff, Liebert, Cassidy, Whitmore.
FLAG SALUTE:
The Flag Salute was led by Community Development Director Rojas.
MAYOR’S ANNOUNCEMENTS:
None.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
Mayor Duhovic announced Recyclers of the Month from the May 20, 2014 City Council
meeting: Alvin Gottlieb and Lloyd Tripp. 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.
APPROVAL OF THE AGENDA:
Councilwoman Brooks moved, seconded by Councilman Misetich, to approve the
agenda, as presented.
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Mayor Duhovic requested Item 3A (Proposed Municipal Code Amendments to Chapter
2.04 (City Council) and Chapter 2.08 (City Manager) to Clearly Define the Duties and
Responsibilities of the City Council and the City Manager) be continued to one of the
next two meetings due to the large amount of correspondence received regarding the
topic.
Discussion ensued among Council Members.
Councilman Campbell moved a substitute motion, seconded by Mayor Duhovic, to
continue Item 3A (Proposed Municipal Code Amendments to Chapter 2.04 (City
Council) and Chapter 2.08 (City Manager) to Clearly Define the Duties and
Responsibilities of the City Council and the City Manager) to the next Council Meeting.
The substitute motion failed on the following roll call vote:
AYES: Campbell and Mayor Duhovic
NOES: Brooks, Knight, and Misetich
ABSENT: None
The original motion to approve the agenda, as presented, passed on the following roll
call vote:
AYES: Brooks, Knight, and Misetich
NOES: Campbell and Mayor Duhovic
ABSENT: None
PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda)
Dr. Pat Kelsey, Miraleste Homes Association, Rancho Palos Verdes, commented on the
recent cutting and removal of two stone pines and seven pepper trees as part of the
City Tree Review process. He added that the stone pines were close to 100 years old
and after the removal of the trees there was a three-fold increase in traffic noise at his
home from Palos Verdes Drive East. He noted he would like the Council to consider a
change to the requirements for the City Tree Review process. He added he has
concerns regarding the upcoming street resurfacing and widening of Palos Verdes Drive
East, including the narrowness of the street between Corsini Place and Miraleste Drive.
Ron Moeller, RPV Residents Against Citizens United, Rancho Palos Verdes, spoke in
opposition to the Supreme Court’s decision in 2010 which eliminated spending limits for
corporations, unions, political action committees, and individuals in political campaigns.
He requested the Council’s support of a resolution to overturn the decision and restore
the citizens’ power to control campaign funding for local city elections.
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Minas Yerelian, commented on a recently adopted City Council Policy regarding
Attorney-Client privileged communication; noted Council Members should have access
to all information pertaining to City business; opined there is a lack of trust; and called
for the City Attorney’s resignation. He suggested the Council consider establishing a
Legal Committee, since none of the current Council Members are attorneys.
CITY MANAGER REPORT:
Building Official Christman provided a report regarding the recent Energy Savings
Seminar held by the Building and Safety Department during Building and Safety week in
May. He noted that the presentation, attended by contractors, engineers and architects,
was well received with much positive feedback from the attendees.
Acting City Manager announced that the Pt. Vicente Interpretive Center recently
received a Certificate of Excellence Award from Trip Advisor, receiving 4.5 out of a
possible 5 points. She announced that Deputy Community Development Director Greg
Pfost has accepted a position with the City of Laguna Beach as their new Director of
Community Development and wished him well is his new endeavors.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that late correspondence regarding Item E (Border Issues
Status Report), Item H (City Manager Recruitment – Public Outreach), and J (Contract
Renewal for Geotechnical Consulting Services) was distributed prior to the meeting, and
there were no requests to speak on the Consent Calendar.
Councilman Misetich moved, seconded by Councilwoman Brooks, to approve the
Consent Calendar.
City Clerk Morreale stated that the approval of the Consent Calendar would include the
INTRODUCTION OF ORDINANCE NO. 558, AN ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES, ADOPTING BY REFERENCE THE 2014 LOS ANGELES
COUNTY FIRE CODE, WHICH IS TITLE 32 OF THE LOS ANGELES COUNTY CODE;
AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE.
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
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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 May 6, 2014 Regular Meeting; May 7, 2014 Adjourned
Regular Meeting (NIMS Training); and, May 14, 2014 Adjourned Regular Meeting.
Register of Demands
ADOPTED RESOLUTION NO. 2014-34, 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.
Introduction of Ordinance Adopting the Los Angeles County Fire Code
INTRODUCED ORDINANCE NO. 558, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, ADOPTING BY REFERENCE THE 2014 LOS ANGELES COUNTY
FIRE CODE, WHICH IS TITLE 32 OF THE LOS ANGELES COUNTY CODE; AND
AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE.
Border Issues Status Report
Received and filed the current report on the status of Border Issues.
April 2014 Monthly Report of Cash Balances
Received and filed the April 2014 Monthly Report of Cash Balances for the City of
Rancho Palos Verdes.
Management of Rentals at Founders Park
Approved the 12-month agreement with VH Properties (Trump National Golf Club) for
management services of Founders Park rentals.
City Manager Recruitment - Public Outreach
Approved the City Manager Recruitment Public Outreach Plan to include: 1) Town Hall
meetings facilitated by Mr. Bob Murray on Tuesday, June 24, 2014 and Wednesday,
July 9, 2014 beginning at 6:30 p.m.; and, 2) An online community interest survey that
will be available throughout the duration of the recruitment process; and, an invitation to
City Advisory Board Members to participate in the public outreach effort.
Acceptance of a Sewer Easement Deed to Provide Additional Easement Area to
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Allow Reconfiguration of an Existing Sewer Line in the Rear Yard of 6847 Alta
Vista (Case No. ZON2013-00494)
1) ADOPTED RESOLUTION NO. 2014-35, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RANCHO PALOS VERDES, ACCEPTING A SEWER EASEMENT
DEED FOR ADDITIONAL EASEMENT AREA THAT WOULD ALLOW
RECONFIGURATION OF AN EXISTING SEWER LINE IN THE REAR YARD OF 6847
ALTA VISTA; and, 2) Directed the City Clerk to record a Notice of Exemption and the
subject sewer easement deed for 6847 Alta Vista with the Los Angeles County
Recorder, returning a copy of the resolution to the Community Development
Department.
Contract Renewal for Geotechnical Consulting Services
Authorized the Mayor and City Clerk to execute an extension of the current professional
services agreement with Kling Consulting Group, Inc. to provide geology and
geotechnical engineering consulting services on an as-needed basis to the City for an
additional one year period until June 30, 2015.
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PUBLIC HEARINGS:
Residential Solid Waste and Recycling Rate Adjustment for EDCO Disposal
Corporation for FY 14-15 (Supports 2014 City Council Goal of Government
Efficiency, Accountability, Fiscal Control, Transparency and Oversight)
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 Duhovic declared the public hearing open.
Senior Administrative Analyst Ramezani provided a brief staff report and PowerPoint
presentation regarding this item.
Discussion ensued among Council Members and staff.
Mayor Duhovic declared the public hearing closed.
Councilwoman Brooks moved, seconded Mayor Pro Tem Knight, to approve the staff
recommendation to: Approve the cap on permissible rates that EDCO Disposal
Corporation can charge single-family and multi-family residential customers in FY14-15.
The motion passed on the following roll call vote:
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AYES: Brooks, Campbell, Knight, Misetich and Mayor Duhovic
NOES: None
ABSENT: None
Residential Solid Waste and Recycling Rate Adjustment for Universal Waste
Systems, Inc. for FY14-15 (Supports 2014 City Council Goal of Government
Efficiency, Accountability, Fiscal Control, Transparency and Oversight)
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 Duhovic declared the public hearing open.
Senior Administrative Analyst Ramezani provided a brief staff report and PowerPoint
presentation regarding this item.
Discussion ensued among Council Members.
Mayor Duhovic declared the public hearing closed.
Councilman Misetich moved, seconded Councilman Campbell, to approve the staff
recommendation to: Approve the cap on permissible rates that Universal Waste
Systems, Inc. (UWS) can charge single-family and multi-family residential customers in
FY14-15.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, Misetich and Mayor Duhovic
NOES: None
ABSENT: None
REGULAR BUSINESS:
Proposed Municipal Code Amendments to Chapter 2.04 (City Council) and
Chapter 2.08 (City Manager) to Clearly Define the Duties and Responsibilities of
the City Council and the City Manager
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there were six requests to speak on this item.
Mayor Duhovic provided a brief report regarding this item and read into the record the
definition of a Council/Manager form of government, as described by the International
City/County Management Association (ICMA).
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Ken Dyda, Rancho Palos Verdes, stated he was on the original City Council and noted
that he has concerns regarding the erosion of the Council’s ability to discharge its
responsibility in running the City. He added that there should be a clear delineation of
responsibilities between the City Council, City Manager and staff. He opined that in
addition to the Council setting policies, they should have the ability to enforce those
policies; there was no real transparency in the City’s recent past; and the item should be
continued to a future meeting.
Ken DeLong, Rancho Palos Verdes, stated that there has been a great deal of email
communication regarding this item and noted that he, in consultation with an attorney,
has found that the Council/Manager form of government is not codified in California law;
therefore, cities have latitude in assigning roles and responsibilities. He added that the
Council represents the residents and should supervise and have oversight over City
decisions.
Mickey Rodich, Ladera Linda Homeowners Association (LLHOA), Rancho Palos
Verdes, stated that the LLHOA is in support of the proposed Municipal Code
amendments, noting that this issue was raised as a result of the San Ramon Canyon
Drainage Project. He spoke in support of more transparency, local elections, and
Council authority over staff.
Minas Yerelian, stated that the Council was elected to do the following: 1) Run the City
affairs; 2) Give direction to staff; and, 3) Provide oversight over City government. He
added that he was in favor of a compensation package for the City Council.
Steve Wolowicz, Rancho Palos Verdes, stated that he was firmly opposed to the
proposed amendments to Municipal Code Chapters 2.04 and 2.08 and requested the
Council reject the proposed changes for the following reasons since they would:
1) Eviscerate the qualifications of the City Manager and reduces the position to a
political appointee; 2) Reduces much needed transparency; 3) Allow a sitting Council
Member to be appointed to the office of the City Manager position; 4) Create a
needlessly complex set of rules which will damage internal understandings, impede
progress, and delay effective administrative leadership; 5) Create a lack of clarity, have
a negative impact upon the City’s long-standing administrative structure, and creates
ambiguities; 6) Creates a situation whereby Department Heads will not be accountable
to the City Manager; and, 7) Creates an administrative system whereby daily operations
are subject to direct intervention by individual Council Members and opens the door for
Council interference.
Ann Shaw, Rancho Palos Verdes, stated that she was present to state that Marilyn
Lyon wished to add her name to the list of former Mayors in opposition to the proposed
amendments to the Municipal Code. She added that former Council Members and
Mayors are citizens; recommended a few minor changes be made, but the concept
should be maintained of the Council as a policy making board. She added that the
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Council should respect its professional staff and the Council should have oversight but
not try to manage the day-to-day operations of running the City.
Tom Long, Rancho Palos Verdes, stated that there was a communique signed by most
of the former Mayors of the City expressing concern and in opposition to the proposed
amendments to the Municipal Code. He noted that he was able to speak to and
express his thoughts to each of the Council Members, since he no longer was serving
on that body. He spoke in opposition to the proposed amendments as they would be a
fundamental change in government and would do the following: Give consent of the
hiring and firing of exempt staff to the Council; and, Give administrative control over to
the Council, making the City Manager a political appointee. He urged the Council not to
vote for a structural change to the form of City government.
Derek Gable, stated that the residents who live in the City and pay taxes are the
bosses, and the City Council was elected to perform oversight of those who were hired
to run the City. He noted no desire for oversight would be an indication there were
problems and provided an example of poor administration of oversight by the
Department of Veteran’s Affairs. He added the City should have oversight over the civil
servants who work for the residents.
Diane Smith, Rancho Palos Verdes, stated that she recently became a U.S. citizen and
noted concerns and discomfort with the proposed amendments to the Municipal Code,
noting she liked the system that has been in place for 40 years. She encouraged the
selection of a responsible, smart, and honest City Manager with integrity, who will follow
the Development Code, the City’s vision, and the Municipal Code; and make sure the
employees are doing their jobs and taking care of the City’s business, without cowering
to the oversight of the City Council.
Each Council Member expressed his/her opinion regarding the proposed amendments
to the Municipal Code for five minutes.
Councilwoman Brooks moved, seconded by Mayor Pro Tem Knight, to reject the
proposed Municipal Code amendments and preserve the Municipal Code in its current
form.
The motion passed on the following roll call vote:
AYES: Brooks, Knight and Misetich
NOES: Campbell and Mayor Duhovic
ABSENT: None
RECESS AND RECONVENE:
Mayor Duhovic called a brief recess from 9:04 P.M. to 9:17 P.M.
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Anonymous Fraud, Waste and Abuse Hotline
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding this item.
Acting City Manager Petru introduced the item and invited Mr. Meyerhoff from Liebert,
Cassidy, Whitmore to provide an overview of the item.
Mr. Meyerhoff provided a report and PowerPoint presentation regarding this item, which
included the following decision points for Council: 1) Type of Hotline(s); 2) Who will
operate the Hotline(s)?; 3) Scope of the Hotlines; 4) Who will audit/review reports to the
Hotline(s)?; 5) Who will investigate complaints?; 6) What should Council’s involvement
be with the Hotline(s), if any?
Discussion ensued among Council Members and Mr. Meyerhoff.
Councilwoman Brooks moved, seconded by Councilman Campbell, to have both types
of Hotlines for the following: a) financial fraud, waste and abuse; and, b) personnel and
human resources issues.
Without objection, Mayor Duhovic so ordered.
Councilman Campbell moved, seconded by Mayor Pro Tem Knight, to approve the staff
recommendation to have a secure independent 3rd party operate both types of Hotlines.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, Misetich and Mayor Duhovic
NOES: None
ABSENT: None
Councilman Campbell moved, seconded by Councilwoman Brooks, to approve the staff
recommendation to: Authorize the scope of the Hotline to cover all fraud, waste and
abuse (not limited to financial incidents) and personnel and human resources-related
reports.
Without objection, Mayor Duhovic so ordered.
Mayor Pro Tem Knight moved, seconded by Councilwoman Brooks, to determine that
an independent 3rd party will audit or review the reports to the Hotline, with higher level
review, by either independent legal counsel or City Attorney, as appropriate. Staff was
directed to return to Council with a policy for clarity.
Without objection, Mayor Duhovic so ordered.
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Mayor Duhovic moved, seconded by Councilwoman Brooks, to approve the following
staff recommendation: 1) For complaints to the fraud, waste and abuse Hotline,
depending on the type of complaint involved, the formal investigation could be handled
by the independent auditor, a CPA or licensed investigator with the City Manager’s
approval and legal counsel’s guidance; and, 2) For complaints to the personnel/human
resources Hotline, depending on the type of complaint involved, the investigation could
be handled internally by the Human Resources Manager or, for more significant
investigations, by an independent, licensed investigator.
Without objection, Mayor Duhovic so ordered.
Councilwoman Brooks moved, seconded by Mayor Pro Tem Knight, to approve the staff
recommendation regarding City Council involvement in the Hotline to: 1) Direct the
Audit Subcommittee, as part of its evaluation of the government’s internal control
framework, to examine the documentation of how complaints were handled to satisfy
itself that the mechanisms for reporting instances of potential fraud or abuse, and
questionable accounting or auditing practices are in place and working satisfactorily;
and, 2) Direct the Audit Subcommittee to review submission of qualifications and
quotations provided by independent 3rd party Hotline service providers and strongly
encourage the Audit Subcommittee to meet with the City’s independent auditors
regularly (semi-annually or more frequently if necessary) to review the status of on-
going Hotline reports, investigations and action taken, as needed.
Without objection, Mayor Duhovic so ordered.
Discussion ensued among Council Members and staff regarding the most appropriate
name of the Hotline and it was decided that the title would be the following: Anonymous
Fraud, Waste and Abuse Hotline.
RECESS AND RECONVENE:
Mayor Duhovic called a brief recess from 10:04 P.M. to 10:10 P.M.
Councilman Campbell left the meeting during the recess break.
Draft FY14-15 Budget
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding this item.
Deputy Director of Finance Downs provided a brief staff report and PowerPoint
presentation regarding this item, noting the Draft FY14-15 Budget was provided to the
Council and placed on the website on May 23, 2014.
Discussion ensued among Council Members and staff.
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Mayor Duhovic moved, seconded by Councilman Misetich, to consider new business
after 10:15 P.M., with a meeting end time of 11:00 P.M.
Without objection, Mayor Duhovic so ordered.
Councilman Misetich moved, seconded by Councilwoman Brooks, to: Include in the
budget the following items: 1) Council/Staff Liaison position; and, 2) LA-RICS funding.
Further Council discussion ensued.
Councilman Misetich amended his motion, seconded by Councilwoman Brooks, to:
Include in the budget the following items: 1) Council/Staff Liaison position; 2) LA-RICS
Program funding; 3) Two dewatering wells in the Portuguese Bend landslide area;
4) Reduction of the $1,000,000 to $500,000 for Lower Hesse Park improvements; and,
5) Staff directed to return to the next Council meeting with a report regarding air
conditioning solutions for City Hall.
The motion passed on the following roll call vote:
AYES: Brooks, Knight, Misetich, and Mayor Duhovic
NOES: None
ABSENT: Campbell
Draft 2014 Five-Year Financial Model
Councilwoman Brooks moved, seconded by Councilman Misetich, to waive the staff
report.
Without objection, Mayor Duhovic so ordered.
Discussion ensued among Council Members and staff.
Councilwoman Brooks moved, seconded by Mayor Duhovic, to: Receive and file the
draft 2014 Five-Year Financial Model (2014 Model).
The motion passed on the following roll call vote:
AYES: Brooks, Knight, Misetich, and Mayor Duhovic
NOES: None
ABSENT: Campbell
Draft 2014 Five-Year Capital Improvement Plan
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City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding this item.
Deputy Director of Finance Downs provided brief comments regarding the Capital
Improvement Plan for the next five years.
Discussion ensued among Council Members and staff.
Councilwoman Brooks moved, seconded by Mayor Duhovic, to approve the staff
recommendation to: Receive and file the draft 2014 Five-Year Capital Improvement
Plan (CIP).
The motion passed on the following roll call vote:
AYES: Brooks, Knight, Misetich, and Mayor Duhovic
NOES: None
ABSENT: Campbell
FUTURE AGENDA ITEMS:
The following items were raised by Council Members as future agenda items:
Development of an Ethics Code (Brooks)
CITY COUNCIL ORAL REPORTS:
Mayor Duhovic moved, seconded by Councilwoman Brooks, to extend the meeting to
11:10 P.M. to consider new business.
Without objection, Mayor Duhovic so ordered.
Each Council Member present reported on his/her attendance at various organization
and association meetings since the last City Council Oral Reports were provided on
May 14, 2014.
CLOSED SESSION REPORT:
City Attorney Lynch reported that with respect to the Existing Litigation cases listed
under the Closed Session, a report was provided and unanimous direction was given to
the City Attorney, with all members of the Council present.
ADJOURNMENT:
At 11:21 P.M., Mayor Duhovic adjourned the meeting.
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___________________
Attest: Mayor
___________________
City Clerk
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