RPVCCA_CC_DM_2014_11_18_B_20141104_CC_MINS_DRAFTDraft City Council Minutes
November 4, 2014
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DRAFT
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
NOVEMBER 4, 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 7:30 P.M.
City Council roll call was answered as follows:
PRESENT: Brooks, Campbell, Knight, *Misetich and Mayor Duhovic
ABSENT: None
*Councilman Misetich participated via teleconference in the Regular Session, as listed on
the agenda, from 30023 Knoll View Drive, Rancho Palos Verdes, CA.
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; Ara Mihranian, Deputy Community
Development Director; Kathryn Downs, Deputy Director of Finance; Nicole Jules, Deputy
Director of Public Works; Sean Robinson, Human Resources Manager; and, Carla
Morreale, City Clerk.
Also present was Mark Meyerhoff, attorney, Liebert, Cassidy and Whitmore.
FLAG SALUTE:
The Flag Salute was led by former Councilman and Mayor Ken Dyda.
MAYOR’S ANNOUNCEMENTS:
None.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
Mayor Duhovic announced Recyclers of the Month from the October 21, 2014 City
Council meeting: Connie Semos and M. Otera. 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:
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Councilman Misetich requested that Item No. 4 (City Council Policy No. __ - Anonymous
Fraud, Waste and Abuse Hotline) be moved up earlier on the agenda.
Council discussion ensued regarding the reordering of agenda items.
Councilman Campbell suggested that Item No. 6 (Abalone Cove Parking Fees) be
removed from the agenda and continued to the November 18, 2014 City Council meeting.
Mayor Duhovic moved, seconded by Councilwoman Brooks, to approve the agenda, as
amended with agenda items to be considered in the following order: Item No. 2 (Appeal
of Planning Commission’s Fence/Wall Permit Decision; Project Address - 29023
Sprucegrove Drive); Item No. 1 (Local Coastal Plan Amendment and Adoption of a
Negative Declaration Establishing Regulations for Flag Poles within the City’s Coastal
Zone); Item No. 4 (City Council Policy No. __ - Anonymous Fraud, Waste and Abuse
Hotline); Item No. 5 (Classification and Compensation Study Update); Item No. 3
(Southern California Gas Company Advanced Meter Presentation); and, Item No. 6
(Abalone Cove Parking Fees) removed from the agenda and continued to the November
18, 2014 City Council meeting.
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)
Ken Dyda, Rancho Palos Verdes, reported that the Rancho de los Palos Verdes
Historical Society and Museum was incorporated in April 2014 to continue the legacy that
began in 1975 with the Roderman family. He announced the organization’s first public
event to be held at the Pt. Vicente Interpretive Center on November 13, 2014 from 7:00
P.M. to 9:00 P.M.
CITY MANAGER REPORT:
Acting City Manager Petru announced that the San Ramon Canyon Storm Drain Project
was selected to receive a 2014 Project of the Year Award from the Southern California
Chapter of the American Public Works Association, noting that the City will be formally
recognized for this achievement on December 11, 2014, in the City of Lakewood.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
Councilwoman Brooks moved, seconded by Councilman Misetich, to approve the
Consent Calendar, as presented.
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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 October 21, 2014 Regular Meeting; and October 26, 2014
Adjourned Regular Meeting.
Register of Demands
ADOPTED RESOLUTION NO. 2014-71, 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.
September 2014 Monthly Report of Cash Balances
Received and filed the September 2014 Monthly Report of Cash Balances for the City of
Rancho Palos Verdes.
Authorize an Amendment to the Agreement between the City of Rancho Palos
Verdes and Great Cleaning Services, Inc. (Supports 2014 City Council Goal
Government Efficiency, Accountability, Fiscal Control, Transparency and
Oversight)
Authorized the Mayor and City Clerk to execute the Third Amendment to the Agreement
between the City of Rancho Palos Verdes and Great Cleaning Services, Inc. allowing a
name change for the contractor to Golden Touch Cleaning, Inc. and to increase the
monthly amount of the contract by $407 for additional scheduled cleaning services.
Conveyance of Governmental-Use Properties from the Successor Agency to the
Rancho Palos Verdes Redevelopment Agency
ADOPTED RESOLUTION NO. 2014-72, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, ACCEPTING THE CONVEYANCE OF
CERTAIN GOVERNMENTAL-USE PROPERTIES BY THE SUCCESSOR AGENCY TO
THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY (THE “SUCCESSOR
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AGENCY”) TO THE CITY PURSUANT TO THE SUCCESSOR AGENCY’S LONG
RANGE PROPERTY MANAGEMENT PLAN (THE “LRPMP”).
# # # # # #
PUBLIC HEARINGS:
Appeal of Planning Commission’s Fence/Wall Permit Decision (Case No. ZON2014-
00202); Project Address - 29023 Sprucegrove Drive (Applicant: Mr. and Mrs.
Hesser/Appellant: Mr. and Mrs. Shahbazian)
City Clerk Morreale reported notice of the public hearing was duly published, written
protests included with the late correspondence distributed prior to the meeting, and there
were five requests to speak regarding this item.
Mayor Duhovic declared the public hearing open.
Community Development Director Rojas provided a brief staff report regarding this item.
Vicky Shahbazian, appellant, Rancho Palos Verdes, stated there have been numerous
erroneous permits issued and fabrications in a report; commented on the importance of
the ideals of preserving the beauty of the community and preserving views; and noted
they lost much of the view when a 7-foot tall fence was built by their neighbor. She
added that the facts are available in the City records regarding the aesthetics of the
fence, the pad elevations, and reiterated that erroneous permits were granted. She
added that she desired to reach a reasonable solution with the neighbor to enhance the
views of both parties.
Mayor Duhovic disclosed that he visited the Shahbazian home over the weekend to
review the issues at the property location.
Discussion ensued among Council Members.
Hoss Shahbazian, appellant, Rancho Palos Verdes, reported that the approval process to
have his deck approved took 9 months and commented on the difficulties he faced to get
his applications processed.
Bob Nelson, Planning Commissioner, Rancho Palos Verdes, noted the Planning
Commission anticipates considering this item again.
Mayor Duhovic declared the public hearing closed.
Mayor Pro Tem Knight moved, seconded by Mayor Duhovic, to approve the staff
recommendation to refer the matter back to the Planning Commission for further review
and consideration.
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The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, Misetich and Mayor Duhovic
NOES: None
ABSENT: None
Local Coastal Plan Amendment and Adoption of a Negative Declaration
Establishing Regulations for Flag Poles within the City’s Coastal Zone (Planning
Case No. ZON2014-00329)
City Clerk Morreale reported that notice of the public hearing was duly published, written
protests included with the staff report and there were four requests to speak regarding
this item.
Mayor Duhovic recused himself from this item and left the dais at 8:01 P.M.
Mayor Pro Tem Knight declared the public hearing open.
Deputy Community Development Director Mihranian provided a staff report regarding the
proposed LCP text amendment.
Discussion ensued among Council Members and staff.
Lili Amini, General Manager, Trump National Golf Club, VH Property Corp, stated that
Trump National was in support of the LCP text language as amended by the Planning
Commission in October 2014, in order to finalize the process as directed by the California
Coastal Commission.
Jim Sarner, Rancho Palos Verdes, spoke in favor of the display of our nation’s flag and
monument in recognition of all Veterans at the Trump National Golf Club.
John Fitzpatrick, stated he was in favor of the LCP text amendment and encouraged the
Council to support this item.
Mayor Pro Tem Knight declared the public hearing closed.
Councilwoman Brooks moved, seconded by Councilman Campbell, to: ADOPT
RESOLUTION NO. 2014-73, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, ADOPTING A NEGATIVE DECLARATION PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) MAKING CERTAIN
ENVIRONMENTAL FINDINGS RELATED TO ADOPTING A TEXT AMENDMENT TO
THE END OF THE CURRENT VISUAL CORRIDOR SECTION (PAGE C-12 OF THE
LCP) OF THE CORRIDORS ELEMENT OF THE CITY’S LOCAL COASTAL PLAN
(COASTAL SPECIFIC PLAN) TO ALLOW FLAG POLES UP TO 70-FEET IN HEIGHT
THAT MEET SPECIFIC STANDARDS IN THE CITY’S COASTAL ZONE.
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The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Misetich, and Mayor Pro Tem Knight
NOES: None
ABSENT: Duhovic (recused)
RECESS AND RECONVENE:
Mayor Pro Tem Knight called a brief recess from 8:17 P.M. to 8:29 P.M.
Mayor Duhovic returned to the dais at the end of the recess.
REGULAR BUSINESS:
City Council Policy No. __ - Anonymous Fraud, Waste and Abuse Hotline
Director of Finance McLean provided a brief introductory remarks regarding the
Anonymous Fraud, Waste and Abuse Hotline.
Mark Meyerhoff, attorney, Liebert, Cassidy and Whitmore provided a brief report
regarding the Anonymous Fraud, Waste and Abuse Hotline including the following:
1) Definition of Fraud, Waste and Abuse as identified in the Government Code; 2) Items
that the Hotline is not intended to address, including non-emergency customer service
requests; and, 3) How the Hotline process would function.
Director of Finance McLean reported on feedback from Audit Subcommittee Members
Councilman Campbell and Councilman Misetich; the projected costs; implementation;
public outreach; and the education process regarding the Anonymous Fraud, Waste and
Abuse Hotline.
Discussion ensued among Council Members, staff, and Mr. Meyerhoff.
Councilwoman Brooks moved, seconded by Councilman Campbell, to approve the staff
recommendation to: 1) Adopt and file City Council Policy No. __ “Anonymous Fraud,
Waste, and Abuse Hotline”; 2) Direct Staff to develop a professional services agreement
with NAVEX Global, to serve as the City’s hotline administrator for the Anonymous Fraud,
Waste and Abuse Hotline for the City in accordance with the accompanying proposed
City Council Policy; 3) Direct Staff to return with a proposed budget adjustment for FY14-
15 for the estimated additional cost of the proposed Anonymous Fraud, Waste and
Abuse Hotline; 4) Direct Staff to present a staff report to the City Council prior to one-year
from the date of the professional services agreement with the selected hotline
administrator to include a review of the use of the proposed Hotline, costs incurred by the
City and any other recommendations; and, 5) Consider the possible establishment of a
phone-based customer service center for reporting incidents outside of the scope of the
proposed Anonymous Fraud, Waste and Abuse Hotline and direct Staff on whether to
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return with a report regarding its research about its merits, additional cost and
experiences of other cities.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, Misetich and Mayor Duhovic
NOES: None
ABSENT: None
Classification and Compensation Study Update
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there were 8 requests to speak regarding this item.
Human Resources Manager Robinson provided introductory remarks regarding the
Classification and Compensation Study Update.
Georg Krammer, Koff & Associates, stated that he provided an updated list of comparator
agencies that Koff & Associates recommends for the Compensation Study in the late
correspondence distributed this evening. He provided an update report regarding the
factors that were analyzed and separate rankings regarding components of the study;
noted that the number of employees was added as a separate factor to the analysis;
corrected that the median home price was not intended to be included, but instead the
overall cost of living; and corrected a change to the ranking of employees to the
population served. He concluded that the additional analysis resulted in the core list of
agencies remained the same with the addition of the City of Lawndale and City of
Cypress and the removal of the City of Seal Beach and City of El Segundo.
Discussion ensued among Council Members and Mr. Krammer.
Minas Yerelian, Rancho Palos Verdes, stated that the Compensation Study is a required
ritual conducted by all cities and requested by labor unions. He provided comments
regarding the metrics format utilized in the analysis of the comparator cities and
encouraged the Council to be innovative leaders.
Eduardo Schonborn, Board Member, RPV Employees Association, stated that as noted
in late correspondence, the Association did not provide any input regarding the specific
cities to be included in the study, but instead were asked for input regarding the
characteristics to be included in the study. He added that the Association purposefully
did not provide input and noted the Council-selected consultant should select the
comparator cities based on their expertise. He opined that the original list of comparator
cities as presented on September 30, 2014 should be used for the Compensation Study,
as it was developed independently by the consultant, without input from the Association
or City Council.
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Matt Waters, Board Member, RPV Employees Association, provided comments regarding
the high turnover rate of employees in the last two years, which he contributed to the lack
of a merit or cost of living pay increase over the last three years; two years spent
agreeing on the status quo Memorandum of Understanding (MOU); and delays and
manipulation of the data in the Compensation/Classification Study.
Melissa Countryman, Board Member, RPV Employees Association, stated that it was
important for the Compensation Study to be conducted using an independent neutral
third party, and noted the Association’s concern with the manipulat ion of the comparator
cities list; additional delay in the negotiation process; no cost of living increase in the past
three years; and high rate of turnover which is costly to the City in training and results in
an irreplaceable loss in institutional knowledge. She urged that the Classification and
Compensation consultant be allowed to proceed without potential biases, allowing for a
positive impact on the future of the City.
John Alvarez, Board Member, RPV Employee Association, reiterated that the Association
desires an independent study as originally proposed by the consultant, noting concern
with the Council use of the original comparator city table developed by Koff & Associates,
which resulted in a different list of comparator cities. He added that he has lost faith in
the integrity of the process.
Andy Winje, stated that he urged the Council to move forward with the Classification and
Compensation Study, noting that there has been no pay rate adjustment in the past three
and one half years. He reported that the increase in the medium home price in the
Rancho Palos Verdes area has risen 37 percent, and the cost of living has increased by
7 percent during this period. He noted that the effect of the zero salary growth policy
over this period is out of step with the simple cost of living adjustments recognized
nationally, locally, and in comparison to private industry. He commented on the
accomplishments of staff, including the receipt of $10 million in grant funding, and urged
the Council to move forward without further delay.
Discussion ensued among Council Members and Mr. Krammer.
Councilman Misetich left the meeting via teleconference at 9:43 P.M.
Mayor Duhovic moved, seconded by Councilwoman Brooks, to: Approve the list of ten
(10) comparator agencies, as included in late correspondence, for inclusion in the
Compensation Study and direct the consultant to commence the compensation portion of
the Classification and Compensation Study.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, and Mayor Duhovic
NOES: None
ABSENT: Misetich
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Southern California Gas Company Advanced Meter Presentation
City Clerk Morreale reported that there was one request to speak regarding this item.
Marcella Low, Public Affairs Manager, Southern California Gas Company (Gas Co.),
provided a presentation regarding the Advanced Meter Project, authorized by the
California Public Utilities Commission in April 2010, to upgrade approximately 6 million
existing natural gas meters with a communication device, which will provide automatically
gas usage information to help customers better manager energy use and costs. She
explained the new meters, the transmission of information, proposed locations for the
installation of 19 solar powered data collection units in the City; and the selection of sites
would have the least impact on views. She noted there would be a 30-day public
comment period regarding the installation of each of these meters, after erecting the
mock-up pole.
Discussion ensued among Council Members, Ms. Low, and staff.
Shawn Zavala, Site Acquisition Manager, Gas Company, stated that the Gas Co. is
installing meters from its northern border in Visalia to the border of Mexico. He added
that the California Public Utilities Commission has approved the installation of these
poles in the public right-of-way and the Gas Co. provides public outreach regarding these
installations.
Donald Gonzales, Rancho Palos Verdes, stated that he and his neighbors on Eddinghill
Drive and Plainfield Drive object to the installation of one of the cell tower poles proposed
to be erected just north of his home on Eddinghill Drive. He reported that there are a
total of 29 data collection cell tower units that are proposed for the Palos Verdes
Peninsula, which is 25 square miles in area. He commented on the large coverage area;
the frequency to be used, which allows more flexibility regarding the placement of the cell
towers; the bad precedent to be set with the installation of the proposed cell towers; and
the impact to views of residents. He suggested the Gas Co. consider co-locating on
existing towers on major roadways, on commercial property, or at remote or recreational
areas, for the protection of the neighborhoods.
Councilwoman Brooks moved, seconded by Mayor Pro Tem Knight, to: 1) Receive and
file a presentation from the Southern California Gas Company regarding the ir proposed
Advanced Meter program; 2) Direct staff to return the application as incomplete and
inform the Gas Co. as to the issues raised and need for research regarding other possible
solutions, including co-location, masking or camouflaging the poles, and consideration of
other technologies, with the Gas Co. to resubmit the application after that research is
conducted; and, 3) Direct staff to return with a report to Council.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, and Mayor Duhovic
NOES: None
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ABSENT: Misetich
Abalone Cove Parking Fees
This item was continued to the November 18, 2014 City Council Meeting.
FUTURE AGENDA ITEMS:
The following items were raised by Council Members as future agenda items:
Regulation of Ultra-Light Aircraft Flights along the City’s Coastline (Brooks)
Update on Wall of Honor (Brooks) [Staff to provide an update]
Peafowl population problem in the Los Verdes area (Brooks) [Staff to provide update in
the Weekly Administrative Report]
CITY COUNCIL ORAL REPORTS:
This item was deferred to the next City Council meeting.
CLOSED SESSION REPORT:
City Attorney Lynch reported on the following Closed Session items: 1) With respect to
the Conference with Labor Negotiator Mr. Peter Brown, a report was given and no action
was taken; 2) With respect to the Potential Litigation Against the City, a report was given
and no was action taken; 3) With respect to the Potential Initiation of Litigation, a report
was given and no action was taken; and, 4) With respect to the Personnel – City
Manager Process, direction was given to staff with respect to the process to be followed
regarding interviews of the final candidates, with the following vote (3-1-0), with Mayor
Pro Tem Knight as a “no” vote, and with Councilman Misetich not participating in the
Closed Session.
ADJOURNMENT:
At 10:26 P.M., Mayor Duhovic adjourned the meeting to an Adjourned Regular Meeting
for a Closed Session to be held on Wednesday, November 5, 2014 at 7:30 A.M. at Trump
National Golf Club to conduct interviews of candidates for the City Manager position.
___________________
Mayor
Attest:
___________________
City Clerk
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