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RPVCCA_CC_DM_2014_08_19_B_20140715_CC_MINS_DRAFTDraft City Council Minutes July 15, 2014 Page 1 of 17 DRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JULY 15, 2014 The meeting was called to order for a Study Session at 6:37 P.M. by Mayor Duhovic at Fred Hesse Community Park, 29301 Hawthorne Boulevard. 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; Michael Throne, Director of Public Works; Ara Mihranian, Deputy Community Development Director; Sean Robinson, Human Resources Manager; Ron Dragoo, Senior Engineer, 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 and Priorities Discussion ensued among Council Members and staff regarding items on the upcoming Council Meeting agendas as listed on the Tentative Agendas. Councilwoman Brooks moved, seconded by Mayor Pro Tem Knight, to approve the Tentative Agendas, as amended. 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 6:50 P.M. to 7:02 P.M. REGULAR SESSION: B-1 Draft City Council Minutes July 15, 2014 Page 2 of 17 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; Michael Throne, Director of Public Works; Ara Mihranian, Deputy Community Development Director; Sean Robinson, Human Resources Manager; Nicole Jules, Deputy Director of Public Works; Ron Dragoo, Senior Engineer; Lauren Ramezani, Senior Administrative Analyst; and, Carla Morreale, City Clerk. FLAG SALUTE: The Flag Salute was led by Acting City Manager Petru. MAYOR’S ANNOUNCEMENTS: Mayor Duhovic provided a report regarding the recent ocean rescue activity at Sacred Cove, Inspiration Point, and Portuguese Point in the Abalone Cove Beach Complex and offered condolences to the family members who recently lost loved ones at the site. He offered condolences to the family of a Manhattan Beach high school student who recently lost his life in a separate unrelated tragedy in San Diego. He acknowledged and thanked the following first responders: Mountains Recreation and Conservation Authority Rangers, Los Angeles County Fire Department, Lifeguards and Sheriff’s Department, and the divers for their valiant efforts during the last week; and asked for a moment of silence in the memory of those individuals whose lives were recently lost. Mayor Duhovic announced that 42 Rancho Palos Verdes restaurants recently received the Clean Bay Restaurant Certification from the Santa Monica Bay Restoration Commission, for the proper handling of waste as part of their business practices. RECYCLE DRAWING: Mayor Duhovic announced Recyclers of the Month from the June 17, 2014 City Council meeting: Barry Balint and Harry Segal. 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: B-2 Draft City Council Minutes July 15, 2014 Page 3 of 17 Councilwoman Brooks moved, seconded by Councilman Misetich, to approve the agenda, as presented. Acting City Manager Petru stated that there was a request from the applicant to remove Item No. 5 (Request for Release of Liens Against North Windport Canyon Properties) from the agenda to be placed on the July 29, 2014 Agenda. Councilwoman Brooks moved, seconded by Councilman Misetich, to approve the agenda, as amended. 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) Oliver Hazard, Rancho Palos Verdes, stated that the recent tragedies at Inspiration Point have been devastating to the community and noted there is too much access to the area afforded by information on the Internet. He recommended limiting access to the area by closing the temporary parking near Gateway Park, reducing the size of the Abalone Cove parking lot, and charging a higher fee for parking. Diane Smith, Rancho Palos Verdes, stated that there is much information on the social media sites inviting people to the visit the unsafe waters at Abalone Cove and suggested City staff monitor and remove misleading information on the Internet. She inquired as to the possibility of the City Attorney in causing the removal of the Rancho Palos Verdes and Peninsula Taxpayers Association Facebook page, which incorrectly references City Hall, and makes negative statements about City Council Members. Ms. Smith stated that Marymount California University has exceeded its allowable student enrollment numbers and requested a 6 month extension for the review of the parking lot at Marymount California University, once it is complete. David Hall, RPV Residents for Fair Elections, Rancho Palos Verdes, stated that he had concerns regarding the inability of local governments to regulate individual political campaign expenditures and requested the Council’s support of a resolution to overturn the Citizen’s United Supreme Court decision in 2010, by placing the matter on a future agenda. Chad Chiles, Rancho Palos Verdes, stated that he has lived near Abalone Cove for many years, noting there has been an increase in parking, trash and graffiti problems over the years, but there has been no increase in safety at the location. He added that the rocks and caves at Abalone Cove are very dangerous, and that the environment has been compromised by the increase in traffic. B-3 Draft City Council Minutes July 15, 2014 Page 4 of 17 Chad Dime, Portuguese Bend Club, Rancho Palos Verdes, stated he has concerns regarding the negative effects of the increased use of Abalone Cove including traffic, graffiti, fighting, alcohol, trash, safety issues, and exposure to the area via social media. He noted access to the area should be limited by imposing an increase in the parking fee. Wade Murphy, Rancho Palos Verdes, stated that a post recently appeared, without his invitation, on his personal Facebook page from the Rancho Palos Verdes and Peninsula Taxpayers Association (Association), which was filled with accusatory, abusive language and negative statements about Council Members. He noted he was not political at all, was personally attacked, inquired as to the creators of the Association page, and opined that there should be guidelines for Council Member participation on this type of social media outlet. Bryce Lowe-White, stated that he has concerns regarding the increase in access to Abalone Cove and Sacred Cove, noting he was in favor of the following: limited access to Abalone Cove, decreasing the number of parking spaces at the Abalone Cove parking lot, and an increase in the parking fee. He noted concern with the increase in social media traffic regarding Abalone Cove due to the dangerous ocean conditions and opined the Gateway Park parking area provided too much access to the area. Devon Demaria, Rancho Palos Verdes, stated that she is a Los Angeles City lifeguard, and noted concerns with the changes over the past six months from Portuguese Bend to Abalone Cove Shoreline Park. She noted concerns with the faulty land along this stretch of coastline, the increase in social media which has resulted in the current issues, and recommended an item be placed on a future agenda to address safety at Abalone Cove. Janet Gunter, San Pedro Peninsula Homeowners United, San Pedro, stated that she has concerns regarding the safety of the 25 million gallons of liquid petroleum gas at the Rancho LPG site in San Pedro, adjacent to Rancho Palos Verdes, and cited a recent article in the Random Lengths newspaper regarding this facility. Nester Zeuna, Rancho Palos Verdes, stated that he has concerns regarding recent attacks on Council Members by the RPV Taxpayers Association via Facebook, Instagram, and Twitter accounts. He suggested that the Council should practice unity and iron out its differences appropriately as role models for the benefit of the youth in the area and the members of the local community. CITY MANAGER REPORT: Acting City Manager Petru echoed the concerns expressed by Mayor Duhovic regarding the recent tragedies at the Abalone Cove Shoreline Park and offered the City’s condolences to the families. She reported on the recent formation of a multi-jurisdiction B-4 Draft City Council Minutes July 15, 2014 Page 5 of 17 Abalone Cove Safety Task Force; thanked the first responders for their efforts. She highlighted information from a recent Press Release regarding the following: the hazardous ocean conditions at these beach locations; the posting of additional warning signage regarding the hazardous conditions; those areas of the beach that remain closed; limited lifeguard activities along this stretch of beach; increased Ranger and Sheriff patrols of the area; public outreach measures underway regarding the area; and information regarding parking at or near Abalone Cove Beach, noting that the overflow parking area at Gateway Park has been closed indefinitely in order to manage the increased traffic to the area. Acting City Manager Petru provided a report on the July 9, 2014 Coastal Commission meeting regarding the height of the flagpole at Trump National Golf Club and the decision by the Coastal Commission that this issue be brought forward to the City Council for an initiation of an amendment to the Local Coastal Plan. She added that staff planned to bring this item to for Council’s consideration on July 29, 2014. Acting City Manager provided a brief recap of the City’s 39th annual July 4th Celebration; announced the City’s first Volunteer Work Day to help beautify Lower Hesse Park on July 26, 2014; and the City’s first Movie in the Park After Dark on July 26, 2014 in Eastview Park. She announced that RPVtv recently received its 8th National Telly Award for the production of the 2013 program titled “The International Bird Rescue” and congratulated Station Manager Mark Doddy and Host Liz Brown-Swanson for this recognition. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding Item G (Award Contracts for Environmental, City Engineering, Electrical and Geotechnical On-Call Professional Services) and Item N (Review and Approval of Revised Plans and Specifications - Wall Modification to Preserve Community Identity and Neighborhood Aesthetics). Councilwoman Brooks moved, seconded by Mayor Pro Tem Knight, to approve the Consent Calendar, with Item N removed to hear public comments immediately after the Consent Calendar. Councilman Misetich requested that Item C (Establishment of the Infrastructure Management Advisory Committee) be removed from the Consent Calendar for separate consideration. Councilwoman Brooks moved to amend her motion, seconded by Mayor Pro Tem Knight, to approve the Consent Calendar, with Item N (Review and Approval of Revised Plans and Specifications - Wall Modification to Preserve Community Identity and B-5 Draft City Council Minutes July 15, 2014 Page 6 of 17 Neighborhood Aesthetics) removed from the Consent Calendar to hear public comments immediately after the approval of the Consent Calendar; and Item C (Establishment of the Infrastructure Management Advisory Committee) removed from the Consent Calendar for separate consideration after Regular Business. 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 June 3, 2014 Regular Meeting and June 17, 2014 Regular Meeting. Establishment of the Infrastructure Management Advisory Committee (Supports 2014 City Council Goal No. 2, Public Infrastructure) This item was removed from the Consent Calendar for separate consideration. Register of Demands ADOPTED RESOLUTION NO. 2014-42, 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. Adoption of Ordinance No. 560, Establishing a Procedure for the Repair/ Replacement of Private Walls and Fences Al ong the City’s Major Arterial Streets ADOPTED ORDINANCE NO. 560, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, REQUIRING APPROVAL BY THE COMMUNITY DEVELOPMENT DIRECTOR OF PRIVATELY OWNED FENCES OR WALLS ALONG CERTAIN ARTERIAL STREETS WITHIN THE CITY. City Investment Policy - FY14-15 Adopted and filed the FY14-15 Investment Policy for the City of Rancho Palos Verdes. B-6 Draft City Council Minutes July 15, 2014 Page 7 of 17 Award Contracts for Environmental, City Engineering, Electrical and Geotechnical On-Call Professional Services 1) Awarded four year contracts for on-call professional services to: CWE Corp., Geosyntech Consulting, Hamilton and Associates, Rigg Consulting, and Vidiflo, LLC; and, 2) Authorized the Mayor to execute the contracts listed in Recommendation 1. Award Contracts for Landscape Architecture and Arborist On-Call Professional Services 1) Awarded four year contracts for on-call professional services to: Creative Design Associates, GS Brothers, Inc., and Melendrez; and, 2) Authorized the Mayor to execute the contracts listed in Recommendation 1. Award Contracts for Engineering Design, Construction Management and Inspection On-Call Professional Services 1) Awarded four year contracts for on-call professional services for Engineering Design, Construction Management and Inspection services to: Alta Planning and Design, Anderson Penna Partners, Inc., CBM Consulting, Jenkins Consulting, Sunbeam Consulting, and Vali Cooper and Associates, Inc.; and, 2) Authorized the Mayor to execute the contracts listed in Recommendation 1. Approve the Fourth Amendment to the Agreement with Aegis, ITS, Inc. (Supports 2014 City Council Goal #5: Government Efficiency, Fiscal Control and Transparency) 1) Approved the Fourth Amendment to the agreement for one fiscal year effective July 16, 2014 through June 30, 2015, with Aegis, ITS, Inc., formerly Econolite Traffic Engineering and Maintenance, Inc., for Traffic Signal Maintenance Services in an amount not to exceed $85,000; and, 2) Authorized the Mayor and City Clerk to execute the Fourth Amendment to the Agreement between the City of Rancho Palos Verdes and Aegis, ITS, Inc., formerly Econolite Traffic Engineering and Maintenance, Inc., allowing an extension to the term of the agreement to June 30, 2015. Renewal of the Animal Control Services Contract Authorized execution of the 5-year renewal contract with the County of Los Angeles Department of Animal Care and Control for animal control services. PV on the Net Professional Services Agreement (Supports 2014 City Council Goal #4, Government Efficiency, Accountability, Fiscal Control, Transparency and Oversight) B-7 Draft City Council Minutes July 15, 2014 Page 8 of 17 Approved the proposed amendments to the Professional Technical Services Agreement for Services regarding the Information Technology System between the City and Palos Verdes on the Net (“PVNET”). Request for Proposals Update - Anonymous Fraud, Waste and Abuse Hotline Extended the deadline from July 21, 2014 to August 18, 2014 for the competitive process for the selection of an independent 3rd party hotline service provider for the forthcoming Anonymous Fraud, Waste, and Abuse Hotline. Review and Approval of Revised Plans and Specifications - Wall Modification to Preserve Community Identity and Neighborhood Aesthetics (Supports 2014 City Council Goal No. 2, Public Infrastructure) This item was removed from the Consent Calendar for separate consideration. Award Contracts for Construction and Inspection Services for the FY2013-14 Annual Sidewalk Repair Program (Supports 2014 City Council Goal No. 2, Infrastructure) 1) Approved the construction plans and project specifications on file in the Public Works Department for the FY 2013-14 Annual Sidewalk Repair Program; 2) Awarded a construction contract to Civil Works Corporation in the amount of $144,450, and a professional services agreement for inspection services to Sunbeam Solar Technologies, Inc. DBA Sunbeam Consulting in the amount of $23,310, and authorized Staff to utilize an additional 5% ($8,388) for project contingency; and, 3) Authorized the Mayor and City Clerk to execute the agreements. Award a Technical Services Agreement to Sunbeam Consulting, Inc. for Public Works Inspection Services (Supports 2014 City Council Goal No. 5, Government Efficiency, Fiscal Control and Transparency) 1) Awarded a technical services agreement to Sunbeam Consulting Inc. for public works inspection services on an as-needed basis in the amount not to exceed $75,000 for FY14-15; $75,000 for FY15-16; and $75,000 for FY16-17; and, 2) Authorized the Mayor and City Clerk to execute the agreement. # # # # # # ITEMS REMOVED FROM THE CONSENT CALENDAR: Review and Approval of Revised Plans and Specifications - Wall Modification to Preserve Community Identity and Neighborhood Aesthetics (Supports 2014 City Council Goal No. 2, Public Infrastructure) B-8 Draft City Council Minutes July 15, 2014 Page 9 of 17 City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there was one request to speak regarding this item. As there was no request for a staff report, Mayor Duhovic called for the speaker. Obie Obien, Rancho Palos Verdes, thanked the Council for the recent installation of an ADA bus ramp at the intersection of Blackhorse Road and Hawthorne Blvd., which has provided him with improved access to the bus stop location. Mayor Pro Tem Knight moved, seconded by Councilwoman Brooks, to: 1) Approve the revised plans and specifications to modify a public wall to preserve neighborhood identity and aesthetics in the neighborhood near the Blackhorse Road Community Development Block Grant (CDBG) ADA Improvement Project; 2) Approve a contract change order in the amount of $69,000 to Victor Concrete for wall revisions per the revised plans and specifications; and, 3) ADOPT RESOLUTION NO. 2014-43, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION 2014-41, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2014-2015, FOR A BUDGET ADJUSTMENT TO THE CITY’S CDBG PROGRAM IN THE CDBG PROJECTS FUND. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Knight, Misetich, and Mayor Duhovic NOES: None ABSENT: None PUBLIC HEARINGS: Adoption of Annual Conformance Resolution Certifying Compliance with the Los Angeles County Congestion Management Program 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. Deputy Community Development Director Mihranian provided a brief report regarding this item. Discussion ensued among Council Members. Mayor Duhovic declared the public hearing closed. Councilman Misetich moved, seconded by Councilwoman Brooks, to: ADOPT RESOLUTION NO. 2014-44, A RESOLUTION OF THE CITY COUNCIL OF THE CITY B-9 Draft City Council Minutes July 15, 2014 Page 10 of 17 OF RANCHO PALOS VERDES, THEREBY ADOPTING THE CITY’S 2014 LOCAL DEVELOPMENT REPORT (LDR) AND SELF-CERTIFYING THE CITY’S CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) FOR LOS ANGELES COUNTY. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Knight, Misetich, and Mayor Duhovic NOES: None ABSENT: None Ordinance No. 557, an Ordinance of the City of Rancho Palos Verdes, Adopting by Reference Title 10, Animals, of the Los Angeles County Code, and Amending Chapter 6.04 of the Rancho Palos Verdes Municipal Code [Continued from June 17, 2014] City Clerk Morreale reported that this public hearing was continued from the July 17, 2014 Council Meeting and there were no requests to speak regarding this item. City Attorney Lynch provided a brief staff report regarding this item. Discussion ensued among Council Members and City Attorney Lynch. Councilwoman Brooks moved, seconded by Mayor Pro Tem Knight, to: REINTRODUCE ORDINANCE NO. 557, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, ADOPTING BY REFERENCE TITLE 10, ANIMALS, OF THE LOS ANGELES COUNTY CODE, AMENDING CERTAIN SECTIONS THEREOF AND AMENDING CHAPTER 6.04 OF THE RANCHO PALOS VERDES MUNICIPAL CODE ; and continue the public hearing to July 29, 2014. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Knight, Misetich, and Mayor Duhovic NOES: None ABSENT: None Ordinance No. 558 – Ordinance Adopting the Los Angeles County Fire Code 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. B-10 Draft City Council Minutes July 15, 2014 Page 11 of 17 Councilman Misetich moved, seconded by Mayor Pro Tem Knight, to continue the public hearing to August 19, 2014. 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 8:18 P.M. to 8:28 P.M. REGULAR BUSINESS: Public Comment on the Sunnyside Ridge Trail Improvement Project City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were 8 requests to speak regarding this item. Deputy Community Development Director Mihranian provided a report regarding the Sunnyside Ridge Trail Improvement Project, noting the outreach efforts that have been conducted to obtain input from the public. Discussion ensued among Council Members, staff and City Attorney Lynch. Sherree Greenwood, Rancho Palos Verdes, stated she and her neighbors have used the Sunnyside Ridge Trail and the community has sought grants for trail improvements for years. She noted that she was trying to identify and understand the objections to the proposed trail improvements. She noted she was in favor of the proposed Sunnyside Ridge Trail improvements, as this portion of the City is an equestrian area, and the trail provides access from the community to the riding arena at Dapplegray Park. Chrissy Meisterheim, Homeowners Association (HOA) President, Sunnyside Community Association, Rancho Palos Verdes, stated that the HOA was made up of 53 homes who are actively involved in the neighborhood. She stated that the proposed trail improvements have brought much discussion among the neighbors. She reported that the HOA conducted a survey and of the 48 homes that responded, 28% of the association was in favor and 72% opposed to the proposed trail improvements. She noted that the HOA has concerns they would like addressed. David Barrett, Rancho Palos Verdes, stated that he had concerns regarding the trail improvements that include the following: maintenance of the trail; horse excrement, odor, and resulting flies; connectivity safety of those traveling on Palos Verdes Drive East; steepness of trails, safety of trail for pedestrians and equestrians; potential legal B-11 Draft City Council Minutes July 15, 2014 Page 12 of 17 liabilities; possible increased parking issues in the neighborhood; and compromise to security, privacy and protection of private property. John DeGirolamo, Rancho Palos Verdes, stated he had the following concerns based on the location of his residence, which is directly adjacent to the trail: loss of privacy and security; illegal parking of cars on his property; property value depreciation; visual aesthetics; horse droppings, odor and flies; lack of trail maintenance; and trespassing of trail users onto his property. He suggested there should be a safe connecting trail along Deadman’s Curve created prior to the commencement of the Sunnyside Ridge Trail improvements. He noted concerns regarding the notification of neighbors and equestrian community. Sandra Sandoval, stated she is an equestrian and that this trail would allow her access to the Dapplegray riding arena. She noted she would like to see the beauty of the area and the horse community preserved and was in favor of the proposed trail improvements. Madeline Ryan, Rancho Palos Verdes, reported that 25 years ago Mr. Bill Ailor had a vision to restore and preserve land for the enjoyment of all. She added that she hoped the City Council has the vision to preserve the trails within the City, trails that offer safe routes and connection to other trails within the Peninsula Trails Network. She added that the Sunnyside Ridge Trail connection is a critical neighborhood link that offers continuity and connectivity of the trails for the benefit of the public and the equestrian community. Charlene O’Neil, President, Palos Verdes Peninsula Horseman’s Association, stated that the Sunnyside Ridge Trail improvements will afford the east side of the City with safe equestrian accessibility and connectivity to many of the equestrian trails in the area as well as the Nature Center and riding rings. She encouraged the Council to move forward with the proposed trail improvements. Additional discussion ensued among Council Members, staff, and City Attorney Lynch. Angela Guerrero, Rancho Palos Verdes, stated that she owns a home on Rockinghorse Road at the end of the trail and had not been notified of the proposed trail improvement project, yet her property would be affected due to the trail easement on the Sol Vista Trail. She stated that she had similar concerns as those raised by the previous speakers, and opined that due to the steepness of the slope and instability of the land she thought it nearly impossible to build a trail easement on her property. John DeGirolamo, Rancho Palos Verdes, stated he had concerns regarding the notification area of the homes in the 500 foot radius from the trail and the equestrian community. He opined that the loop trail seems not have connectivity and noted the steepness of the connecting trails compromises the safety of the trail users. B-12 Draft City Council Minutes July 15, 2014 Page 13 of 17 Mayor Pro Tem Knight moved, seconded by Mayor Duhovic, to: 1) Affirm the Council’s May 20, 2014 approval of the Sunnyside Ridge Trail Improvement Project; and, 2) Direct staff to provide a status report addressing the concerns regarding the Palos Verdes Drive East connection to Conestoga Trail, as well as the concerns regarding the Sunnyside Ridge Trail raised by the local neighbors. Mayor Duhovic offered an amendment to use City funds to allow more flexibility for possible solutions, based on the outcome of the status report. Mayor Pro Tem Knight accepted the amendment. The motion as amended was the following: Mayor Pro Tem Knight moved, seconded by Mayor Duhovic, to: 1) Affirm the Council’s May 20, 2014 approval of the Sunnyside Ridge Trail Improvement Project; and, 2) Direct staff to provide a status report addressing the concerns regarding the Palos Verdes Drive East connection to Conestoga Trail, as well as the concerns regarding the Sunnyside Ridge Trail raised by the local neighbors, with the possible use of City funds for the design of the solutions, based on the outcome of the status report. 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 10:03 P.M. to 10:11 P.M. Mayor Duhovic moved, seconded by Councilman Misetich, to continue the meeting to 11:00 P.M. to consider new business. Without objection, Mayor Duhovic so ordered. Request for Release of Liens Against North Windport Canyon Properties (Assessor’s Parcel Nos. 7583-022-012 & 7583-022-013) At the request of the property owner, this item was removed from the agenda and continued to the July 29, 2014 City Council meeting. Ordinance Reducing the Utility User Tax Rate from 3% to 2.75% and Modernizing the City’s Utility User Tax and Emergency Resolution Authorizing the City Council to Call an Election on November 4, 2014 to Request the Voters to Approve the Ordinance B-13 Draft City Council Minutes July 15, 2014 Page 14 of 17 City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were no requests to speak regarding this item. Mayor Duhovic moved, seconded by Councilman Misetich, to consider new business until 11:00 P.M. Without objection, Mayor Duhovic so ordered. City Attorney Lynch provided a staff report regarding background information and recent developments regarding the Utility User Tax item. Discussion ensued among Council Members, City Attorney Lynch, and staff. Pursuant to Council discussion, City Attorney Lynch noted that Section 2 of the ordinance could be modified to read as follows: “Section 2. In no event may the City Council alter the provisions of Sections 3.30.050, 3.30.060, 3.30.070, 3.30.080 and 3.30.100 to increase the two and three quarter percent (2.75%) tax rate on telecommunication, electric, co-generated electric, water and gas charges, or alter any other provisions of Chapter 3.30 to impose the Utility User Tax upon additional utilities and services without the approval of a majority of voters of the City.” Mayor Duhovic moved, seconded by Councilwoman Brooks, to consider new business until 11:15 P.M. Without objection, Mayor Duhovic so ordered. Councilman Misetich moved, seconded by Councilwoman Brooks, to adopt the staff recommendation to: 1) ADOPT RESOLUTION NO. 2014-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, UNANIMOUSLY DECLARING AN EMERGENCY IN CONNECTION WITH THE PLACEMENT OF A MEASURE THAT MODERNIZES THE CITY’S UTILITY USER TAX AND DECREASES THE RATE OF THE TAX ON THE BALLOT FOR A SPECIAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE NOVEMBER 4, 2014 ELECTION; and, 2) INTRODUCE ORDINANCE NO. ___; AN ORDINANCE OF THE PEOPLE OF THE CITY OF RANCHO PALOS VERDES, REDUCING THE RATE OF THE CITY’S UTILITY USER TAX FROM 3% TO 2.75% AND MODERNIZING THE CITY’S UTILITY USER TAX. Mayor Pro Tem Knight suggested an amendment to the motion to incorporate the change in language to Section 2 of the ordinance, as modified and read into the record by City Attorney Lynch. City Attorney Lynch confirmed that the motion would include the following modified language: “Section 2. In no event may the City Council alter the provisions of Sections 3.30.050, 3.30.060, 3.30.070, 3.30.080 and 3.30.100 to increase the two and three B-14 Draft City Council Minutes July 15, 2014 Page 15 of 17 quarter percent (2.75%) tax rate on telecommunication, electric, co-generated electric, water and gas charges, or alter any other provisions of Chapter 3.30 to impose the Utility User Tax upon additional utilities and services without the approval of a majority of voters of the City.” The maker and seconder of the motion accepted the amendment. Additional discussion ensued among Council Members. Councilman Misetich withdrew his motion, and Councilwoman Brooks withdrew her second. Councilman Misetich moved, seconded by Councilman Campbell, to continue this item to the July 29, 2014 Council meeting, with the changes as suggested by the Council. Without objection, Mayor Duhovic so ordered. November 4, 2014 Special Municipal Election City Attorney Lynch stated that since Council continued the previous item (Ordinance Reducing the Utility User Tax Rate from 3% to 2.75% and Modernizing the City’s Utility User Tax and Emergency Resolution Authorizing the City Council to Call an Election on November 4, 2014 to Request the Voters to Approve the Ordinance) to the July 29, 2014 Council meeting, she inquired if the Council would be willing to approve an amount of up to $2,000 to allow for the translation of two Election notices into the City’s five required languages. Brief discussion ensued among Council Members, staff, and City Attorney Lynch. By acclamation, the Council authorized the expenditure, up to $2,000, for the translation of the necessary Election notices. By acclamation the Council continued the discussion of this item to the July 29, 2014 Council meeting along with the item regarding the Utility Users Tax. Establishment of the Infrastructure Management Advisory Committee (Supports 2014 City Council Goal No. 2, Public Infrastructure) Councilman Misetich, who requested this item be removed from the Consent Calendar, expressed his concern that each member of the Infrastructure Management Advisory Committee (IMAC) not be tasked with an area of specialization or expertise, but instead that each member should be generally informed on all major infrastructure categories. Discussion ensued among Council Members and staff. B-15 Draft City Council Minutes July 15, 2014 Page 16 of 17 Director of Public Works Throne explained that the resolution for adoption was silent on this matter and would allow that each IMAC member be generally informed on each infrastructure category. Councilman Misetich moved, seconded by Mayor Duhovic, to approve the staff recommendation to: ADOPT RESOLUTION NO. 2014-45, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ESTABLISHING THE INFRASTRUCTURE MANAGEMENT ADVISORY COMMITTEE. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Knight, Misetich, and Mayor Duhovic NOES: None ABSENT: None FUTURE AGENDA ITEMS: The following items were raised by Council Members as future agenda items: Wireless Antenna Master Plan (Campbell) Council Liaison Position – Job Description/Duties (Campbell) Social Media Concerns (Brooks) CITY COUNCIL ORAL REPORTS: This item was deferred to the next Council Meeting. RECESS TO CLOSED SESSION: At 11:40 P.M., the meeting was recessed to Closed Session for a Conference with Labor Negotiators, Labor Counsel Peter Brown, with all Council Members present. RECONVENE TO OPEN SESSION: At 12:07 A.M., the meeting was reconvened to Open Session. CLOSED SESSION REPORT: Labor Attorney Brown reported that no reportable action was taken. ADJOURNMENT: At 12:10 A.M., Mayor Duhovic adjourned the meeting. The meeting was adjourned to an Adjourned Regular Meeting to be held on Tuesday, July 22, 2014 at 6:30 P.M. at Pt. B-16 Draft City Council Minutes July 15, 2014 Page 17 of 17 Vicente Interpretive Center to hold interviews of the firms to conduct the Employee Classification and Compensation Study. ___________________ Mayor Attest: ___________________ City Clerk W:\City Council Minutes\2014\20140715 CC MINS DRAFT.doc B-17