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RPVCCA_CC_DM_2013_10_01_B_20130917_CC_MINS_DRAFTDraft City Council Minutes September 17, 2013 Page 1 of 11 DRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING SEPTEMBER 17, 2013 The meeting was called to order at 6:00 P.M. by Mayor Brooks 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 all Council Members present. RECONVENE TO REGULAR SESSION FOR A STUDY SESSION: At 6:39 P.M., Mayor Brooks reconvened the meeting to Regular Session for a City Council Study Session. City Council roll call was answered as follows: PRESENT: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks ABSENT: None Also present were Carolyn Lehr, City Manager; Carolynn Petru, Deputy City Manager; Carol Lynch, City Attorney; Dennis McLean, Director of Finance/Information Technology (IT); Joel Rojas, Community Development Director; Les Jones, Interim Director of Public Works; Lauren Ramezani, Senior Administrative Analyst; and, Carla Morreale, City Clerk. PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA FOR THE STUDY SESSION: None. DISCUSSION TOPICS: Review of Tentative Agendas in Light of City Council Goals, Including Questions of Staff Discussion ensued among Council Members, City Attorney Lynch, and staff regarding items on the upcoming Council Meeting agendas as listed on the Tentative Agendas. Several modifications were made to the Tentative Agendas. B-1 Draft City Council Minutes September 17, 2013 Page 2 of 11 Mayor Brooks moved, seconded by Mayor Pro Tem Duhovic, to approve the Tentative Agendas, as amended. The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks NOES: None ABSENT: None Future Agenda Items Proposed by Council Members to be Prioritized: Trash Carts Placement and Pickup Mayor Brooks provided a brief report regarding this item. Discussion ensued among Council Members and staff. Councilman Misetich moved, seconded by Councilman Knight, to place this item on a future agenda for consideration. The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks NOES: None ABSENT: None RECESS AND RECONVENE: Mayor Brooks called a brief recess from 6:59 P.M. to 7:12 P.M. REGULAR SESSION: City Council roll call was answered as follows: PRESENT: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks ABSENT: None Also present were Carolyn Lehr, City Manager; Carolynn Petru, Deputy City Manager/Interim Director of Recreation and Parks; Carol Lynch, City Attorney; Dennis McLean, Director of Finance/Information Technology; Joel Rojas, Community Development Director; Les Jones, Interim Director of Public Works; Kathryn Downs, Deputy Director of Finance/IT; Nicole Jules, Senior Engineer; John Alvarez, Senior Planner; and, Carla Morreale, City Clerk. FLAG SALUTE: B-2 Draft City Council Minutes September 17, 2013 Page 3 of 11 The Flag Salute was led by Mayor Pro Tem Duhovic. MAYOR’S ANNOUNCEMENTS: Mayor Brooks recognized the anniversary of the 9/11 event and noted that tonight’s meeting would be adjourned in the memory of the 9/11 victims and those who lost their lives earlier this week in the tragedy at the Naval Shipyard in Washington, D.C. Mayor Brooks announced the following: September is National Emergency Preparedness Month; Coastal Cleanup Day is Saturday, September 21st; Free Paper Shredding Event to be held on Saturday, October 19th at City Hall for Rancho Palos Verdes residents. She commented on the 40th Anniversary Founder Reception held on September 7th at Trump National Golf Club; the recent Southern California Edison power outage; and the new location for “Coffee with the Mayor” while the Starbucks Coffee in Golden Cove Shopping Center is being remodeled. RECYCLE DRAWING: Mayor Brooks announced Recyclers of the Month from the September 4, 2013 City Council meeting: Bill Vitez and Dan and Vicki Pinkham. She indicated that all winners receive a check for $250 representing a year of free refuse service and urged everyone to participate in the City’s Recycling Program. APPROVAL OF THE AGENDA: Councilman Knight moved, seconded by Councilman Misetich, to approve the agenda, as presented. The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks NOES: None ABSENT: None PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda) None. CITY MANAGER REPORT: City Manager Lehr announced the receipt of a letter from the Government Finance Officers Association recognizing and presenting the City with a Certificate of Achievement for Excellence in Financial Reporting. City Manager Lehr recognized B-3 Draft City Council Minutes September 17, 2013 Page 4 of 11 Director of Finance/IT McLean and Deputy Director of Finance/IT Downs as the recipients of this commendation. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding Item E (Award Professional Services Agreement for Preparation of a Citywide Street Lighting Audit) and there was one request to speak regarding that item; and late correspondence was distributed regarding Item F (Approval of Two Purchase and Sale Agreements to Purchase Private Properties in Malaga Canyon for the Purpose of Open Space Conservation) and there were three requests to speak on that item. Councilman Campbell requested that Item C (FY12-13 Continuing Appropriations & Fiscal Year-End Budget Adjustments) and Item D (Claims Against the City by Kevin and Sandra Heffernan) be removed from the Consent Calendar for separate consideration. Mayor Brooks moved, seconded by Councilman Knight, to approve the Consent Calendar as amended, with Items C and D removed from the Consent Calendar by Councilman Campbell; and Items E and F removed from the Consent Calendar, as there were requests to speak regarding those items. The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks NOES: None ABSENT: None Motion to Waive Full Reading Adopted a motion to waive reading in full of all ordinances presented at this meeting with consent of the waiver of reading deemed to be given by all Council Members after the reading of the title. Approval of Minutes Approved the Minutes of the September 3, 2013 Regular Council Meeting. FY12-13 Continuing Appropriations & Fiscal Year-End Budget Adjustments (Supports 2013 City Council Goal #5 – Government Efficiency, Fiscal Control & Transparency) This item was removed from the Consent Calendar for separate consideration. B-4 Draft City Council Minutes September 17, 2013 Page 5 of 11 Claims Against the City by Kevin and Sandra Heffernan This item was removed from the Consent Calendar for separate consideration. Award Professional Services Agreement for Preparation of a Citywide Street Lighting Audit This item was removed from the Consent Calendar for separate consideration. Approval of Two Purchase and Sale Agreements to Purchase Private Properties in Malaga Canyon for the Purpose of Open Space Conservation This item was removed from the Consent Calendar for separate consideration. Register of Demands ADOPTED RESOLUTION NO. 2013-60, 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. # # # # # # ITEMS REMOVED FROM THE CONSENT CALENDAR: FY12-13 Continuing Appropriations & Fiscal Year-End Budget Adjustments (Supports 2013 City Council Goal #5 – Government Efficiency, Fiscal Control & Transparency) City Clerk Morreale reported that this item was removed from the Consent Calendar by Councilman Campbell for separate consideration. Deputy Director of Finance/IT Downs answered questions from Council Member Campbell and Mayor Pro Tem Duhovic regarding this item. Mayor Pro Tem Duhovic moved, seconded by Councilman Knight, to: 1) ADOPT RESOLUTION NO. 2013-61, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION 2012-43, THE BUDGET APPROPRIATION FOR FY12-13, TO REDUCE THE BUDGET FOR THE APPROVED CONTINUING APPROPRIATIONS; 2) ADOPT RESOLUTION NO. 2013-62, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION 2013-43, THE BUDGET APPROPRIATION FOR FY13-14, TO INCREASE THE BUDGET FOR THE APPROVED CONTINUING APPROPRIATIONS; and, 3) ADOPT RESOLUTION NO. 2013-63, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING B-5 Draft City Council Minutes September 17, 2013 Page 6 of 11 RESOLUTION 2012-43, THE BUDGET APPROPRIATION FOR FY12-13, TO ADJUST THE BUDGET IN VARIOUS FUNDS OF THE CITY. The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks NOES: None ABSENT: None Award Professional Services Agreement for Preparation of a Citywide Street Lighting Audit City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding this item and there was one request to speak on this item. Minas Yerelian, Rancho Palos Verdes, stated that he was in favor of turning off the City street lights to save money for the City and opposed to the expenditure for the Citywide Street Lighting Audit. He added that money saved by turning off the street lights could be used to landscape the medians of Hawthorne Blvd. Discussion ensued among Council Members and staff. Mayor Brooks moved, seconded by Councilman Knight, to approve the staff recommendation to: 1) Award a professional services agreement to KX2 Holdings Building Technologies Group, LP for preparation of a Citywide Street Lighting Audit for a not-to-exceed amount of $78,496 and authorize an additional 10% ($7,849.60) as contingency; and, 2) Authorize the Mayor and City Clerk to execute the agreement. The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks NOES: None ABSENT: None Approval of Two Purchase and Sale Agreements to Purchase Private Properties in Malaga Canyon for the Purpose of Open Space Conservation City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were three requests to speak regarding this item. Community Development Director Rojas provided a brief staff report regarding this item. Lenee Bilski, stated she was pleased to see the PowerPoint but expressed concerns regarding the following: a lack of a proposal to the National Park Service for a possible conversion or land swap for the Upper Pt. Vicente agricultural parcel; maintenance of B-6 Draft City Council Minutes September 17, 2013 Page 7 of 11 land at Upper and Lower Pt. Vicente; and, compliance with the Program of Utilization (POU). Bruce Grimes, Rancho Palos Verdes, stated that he is an urban farmer and he advocated for the concept of urban agriculture for the possible land swap, noting his specialty crops are sweet potatoes, figs, ginger, aloe vera and, hot chilis, which are crops chosen for food value and medicinal properties . Sunshine, Rancho Palos Verdes, stated that Community Development Director Rojas reported in his presentation that two areas along the Malaga Canyon are landlocked, but she noted there is a dedicated public right of way via Mossbank Drive. She further opined that portions of the land were buildable; and, the land in the canyon was being purchased for drainage issues not open space. She added that there are trails on the property under discussion and she advocated for a proposed land swap or conversion. Discussion ensued among Council Members, staff and City Attorney Lynch. Councilman Misetich moved, seconded by Mayor Pro Tem Duhovic, to continue this item to the October 1, 2013 Council Meeting and directed staff to return with information regarding the issues discussed. The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks NOES: None ABSENT: None PUBLIC HEARINGS: Adoption of Addendum No. 7 to a Negative Declaration for Ordinance No. 510 and Introduction of an Ordinance to Amend RPV Municipal Code Chapter 17.76.100 - City Tree Review Permit (Case No. ZON2013-00239) (Supports 2013 City Council Goals: Transparency, Evaluating City Tree Review Process) City Clerk Morreale reported that notice of the public hearing was duly published, written protests included in late correspondence, and there were no requests to speak regarding this item. Mayor Brooks declared the public hearing open. Mayor Brooks provided an introduction regarding the genesis of this item. Senior Planner Alvarez provided a brief report regarding this item focusing on the Planning Commission and staff’s recommendations regarding the proposed increase in the notification area and methods of notification proposed to be used. B-7 Draft City Council Minutes September 17, 2013 Page 8 of 11 Discussion ensued among Council Members, staff and City Attorney Lynch. Mayor Brooks declared the public hearing closed. Councilman Misetich moved, seconded by Councilman Knight, to approve the staff recommendation to: ADOPT RESOLUTION NO. 2013-64, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ADOPTING ADDENDUM NO. 7 TO THE NEGATIVE DECLARATION FOR ORDINANCE NO. 510, FOR A CODE AMENDMENT TO REVISE CHAPTER 17.76.100 OF THE MUNICIPAL CODE (CITY TREE REVIEW PERMIT); and, 2) INTRODUCE ORDINANCE NO. 547, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, ADOPTING AN ORDINANCE AMENDING RPV MUNICIPAL CODE SECTION 17.76.100(G)(1) TO INCREASE PUBLIC NOTIFICATION OF A CITY TREE REVIEW PERMIT DECISION TO THE 20 CLOSEST PROPERTIES; AMENDING RANCHO PALOS VERDES MUNICIPAL CODE SECTION 17.76.100(G)(1) TO CLARIFY THAT THE NOTIFIED PROPERTIES ARE TO BE PROPERTIES LOCATED WITHIN THE CITY OF RANCHO PALOS VERDES; AND AMENDING RANCHO PALOS VERDES MUNICIPAL CODE SECTION 17.76.100(G)(3) TO REQUIRE THE CITY TO POST A NOTICE OF DECISION ON EACH TREE SUBJECT TO PERMIT APPROVAL, WITH THE EXCEPTION OF POSTING NOTICES ON TREES LOCATED IN AREAS THAT ARE TOO DIFFICULT OR HAZARDOUS TO ACCESS (CASE NO. ZON2013-00239). The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks NOES: None ABSENT: None RECESS AND RECONVENE: Mayor Brooks called a brief recess from 8:51 P.M. to 9:07 P.M. Preliminary Review of the Draft General Plan Housing Element City Clerk Morreale reported that notice of the public hearing was duly published, written protests included in the staff report, and there was one request to speak regarding this item. Mayor Brooks declared the public hearing open. Community Development Director Rojas provided a brief report regarding this item and input received from the public at the Planning Commission meeting. Ken Dyda, Rancho Palos Verdes, stated that he was opposed to the inclusion of a range of housing, contrary to that for which the City was incorporated, was totally B-8 Draft City Council Minutes September 17, 2013 Page 9 of 11 without merit. He noted the rezoning of Western Avenue is in conflict with the City’s General Plan. He added that updates to the General Plan should be limited and noted that the primary goal of the incorporation of the City was to ensure local control. Discussion ensued among Council Members, staff and City Attorney Lynch. Councilman Knight moved, seconded by Councilman Campbell, to continue the public hearing to the October 1, 2013 Council meeting with direction to staff to return with the following: 1) Information regarding the property along Western Avenue where the property owner expressed interest in the possibility of mixed used housing; 2) Pros and cons of self-certification of the Housing Element; 3) Income levels as defined by Los Angeles County; and, 4) An explanation of how the other Peninsula cities deal with the Housing Element and Regional Housing Needs Assessment requirements. The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks NOES: None ABSENT: None REGULAR BUSINESS: Proposed Responses to the Fiscal Health, Governance, Financial Management and Compensation Section of the 2012-13 Civil Grand Jury Report of the Cities of Los Angeles City Clerk Morreale reported that there was one request to speak regarding this item. Mayor Brooks provided introductory comments. Ken Dyda, Rancho Palos Verdes, stated that the Council should not be too complacent regarding the report as it reflects the current status of the City’s reserves and does not acknowledge the City’s future liabilities, including the sunset of the Storm Drain Fee Program, the funding of the San Ramon project, and the ultimate case of dealing with the Portuguese Bend landslide. Director of Finance/IT McLean provided a brief staff report regarding this item. Discussion ensued among Council Members, staff and City Attorney Lynch. Councilman Misetich moved, seconded by Mayor Pro Tem Duhovic, to approve the staff recommendation to: 1) Approve the proposed responses to the recommendations made by the Civil Grand Jury; and, 2) Direct staff to forward the approved responses to the Los Angeles County Civil Grand Jury by September 26, 2013. B-9 Draft City Council Minutes September 17, 2013 Page 10 of 11 The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks NOES: None ABSENT: None Claims Against the City by Kevin and Sandra Heffernan City Clerk Morreale reported that Councilman Campbell had requested this item be removed from the Consent Calendar for separate consideration. Councilman Campbell moved, seconded by Mayor Brooks, to continue this item for a complete discussion to the Closed Session of the October 1, 2013 Council Meeting. The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Knight, Misetich, and Mayor Brooks NOES: None ABSENT: None FUTURE AGENDA ITEMS: The following item was raised by Mayor Brooks as a future agenda item: City Manager’s Contract & Process Going Forward 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 August 6, 2013. Councilman Campbell left the dais at 10:43 P.M. and returned to the dais at 10:46 P.M. CLOSED SESSION REPORT: City Attorney Lynch reported that with respect to the existing litigation of the Andrea Joannou v City of Rancho Palos Verdes case, a report was provided regarding the City’s positive result in the Court of Appeal and no action was taken, with all Council Members present. ADJOURNMENT: B-10 Draft City Council Minutes September 17, 2013 Page 11 of 11 At 10:49 P.M., Mayor Brooks adjourned the meeting in the memory of the victims of the tragedy at the Naval Shipyard in Washington, D.C. and the victims of the 9/11 Event. ___________________ Mayor Attest: ___________________ City Clerk W:\City Council Minutes\2013\20130917 CC MINS DRAFT.doc B-11