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RPVCCA_CC_DM_2011_12_06_B_DRAFT_CC_MINS_20111115 Draft City Council Minutes November 15, 2011 Page 1 of 12 DRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING NOVEMBER 15, 2011 The meeting was called to order by Mayor Long at Fred Hesse Community Park, 29301 Hawthorne Boulevard at 6:00 P.M. and was immediately recessed to Closed Session. The meeting reconvened at 7:01 P.M. City Council roll call was answered as follows: PRESENT: Campbell, Stern, Wolowicz, and Mayor Long ABSENT: Misetich (excused) 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 (IT); Joel Rojas, Community Development Director; Tom Odom, Director of Public Works; Greg Pfost, Deputy Community Development Director; Kathryn Downs, Deputy Director of Finance/IT; Leza Mikhail, Associate Planner; and, Carla Morreale, City Clerk. FLAG SALUTE: The Flag Salute was led by City Clerk Morreale. MAYOR’S ANNOUNCEMENTS: Mayor Long announced that the City was currently recruiting for three seats on the Planning Commission and three seats on the Oversight Committee for the Water Quality and Flood Protection Program, as well as a vacancy on the Finance Advisory Committee. RECYCLE DRAWING: Mayor Long announced Recyclers of the Month from the October 18, 2011 City Council meeting: Andy Lubetich and Kean Oda. 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. APPROVAL OF THE AGENDA: Councilman Stern moved, seconded by Councilman Wolowicz, to approve the agenda, as amended with the Addendum to add Item No. 7 (Proposed City Council Policy Regarding City Contribution to Pension Costs). B-1 Draft City Council Minutes November 15, 2011 Page 2 of 12 Without objection, Mayor Long so ordered. PUBLIC COMMENTS: (For Audience Comments for Items not on the Agenda) None. CITY MANAGER REPORT: City Manager Lehr reported that representatives were present from AMCAL to speak regarding the Mirandela Senior Affordable Housing Project. Darin Hanson, AMCAL, stated that he and two of his colleagues, Keisha Bowear, Project Manager, AMCAL, and Ricky De la Rosa, Project Designer, Whitney Malcolm Architects, were present this evening to thank the Council for awarding the Senior Affordable Project to AMCAL. He noted that the Mirandela Senior Affordable Housing Project won the “2011 Sage Award for Project of the Year” by the Building Industry Association of Southern California and reported that the savings on the development totaled over $519,000. Council discussion ensued. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding Item E (Renewal of Animal Control Services Contract) and there were no requests to speak regarding Consent Calendar items. Mayor Long requested that Item E (Renewal of Animal Control Services Contract) be removed from the Consent Calendar for separate consideration. Councilman Campbell requested that Item H (Agreement Amendment: Skate Park and Dog Park Community Outreach and Site Analysis) be removed from the Consent Calendar for separate consideration. Councilman Wolowicz moved, seconded by Councilman Campbell, to approve the Consent Calendar, as amended, with Items E and H to be heard after Regular Business items. The motion passed on the following roll call vote: AYES: Campbell, Stern, Wolowicz, and Mayor Long NOES: None ABSENT: Misetich B-2 Draft City Council Minutes November 15, 2011 Page 3 of 12 ABSTAIN: 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 November 1, 2011 Regular Meeting. Notice of Completion for the FY2010-2011 Annual Sidewalk Repair Program 1) Accepted the work as complete; 2) Authorized the City Clerk to file a Notice of Completion with the L.A. County Registrar-Recorder Office and if no claims are filed within 35 days after recordation, and upon the contractor posting an acceptable warranty bond, notice the surety company to exonerate the Payment and Performance bonds; and, 3) Authorized the Director of Public Works to release the 10% retention payment in the amount of $9,495.12 to Rafael 26 Construction, Inc. 35 days after recordation of the Notice of Completion by the L.A. County Recorder contingent upon no claims being filed on the project, and the contractor posting an acceptable warranty bond. Adoption of Ordinance No. 529 - Code Amendment – Minor Miscellaneous Amendments to Title 17 (Zoning) of the City’s Development Code (Case No. ZON2011-00023) ADOPTED ORDINANCE NO. 529, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, ADOPTING ADDENDUM NO. 2 TO A PREVIOUSLY ADOPTED NEGATIVE DECLARATION AND APPROVING MISCELLANEOUS “CLEAN-UP” CODE AMENDMENTS TO TITLE 17 (ZONING) OF THE CITY’S DEVELOPMENT CODE WHICH CLARIFY CODE LANGUAGE, REMOVE CODE LANGUAGE DISCREPANCIES, AND CODIFY EXISTING POLICY PROCEDURES AND/OR APPLICATION REQUIREMENTS. Renewal of Animal Control Services Contract This item was removed from the Consent Calendar for separate consideration. Register of Demands ADOPTED RESOLUTION NO. 2011-88, 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. B-3 Draft City Council Minutes November 15, 2011 Page 4 of 12 Award Construction and Construction Management/Inspection Services Contracts for the Crest Road at Whitley Collins Drive Pedestrian Crossing Project 1) Approved the construction plans and contract documents on file at the Public Works Department for the Crest Road at Whitley Collins Drive Pedestrian Crossing Project; 2) Awarded a construction contract to Traffic Development Services in the amount of $41,244 for the project; 3) Awarded a professional services contract to Willdan Engineering in the amount of $16,160 for project construction management and inspection services; 4) Authorized staff to utilize an additional 10% ($5,740.40) for contingency; and, 5) Authorized the Mayor and City Clerk to execute the agreements. Agreement Amendment: Skate Park and Dog Park Community Outreach and Site Analysis This item was removed from the Consent Calendar for separate consideration. # # # # # # # PUBLIC HEARINGS: Request to Extend Conditional Large Domestic Animal Permit No. 005 for an Additional Period of Five Years (Case No. ZON2011-00201) 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 Long declared the public hearing open. Associate Planner Mikhail provided a brief staff report regarding this item. Discussion ensued between Council Members and staff. The Public Hearing was held on this matter and there were no requests to speak on the item. Councilman Stern moved, seconded by Mayor Long, to approve staff recommendation No. 1 to: ADOPT RESOLUTION NO. 2011-89, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AS AMENDED, THEREBY GRANTING A 5-YEAR EXTENSION OF CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 005, THUS ALLOWING THE PONY CLUB, A REGISTERED 501(c)3 CORPORATION, TO CONTINUE TO KEEP 17 HORSES AT A PROPERTY LOCATED AT 2 WEST POMEGRANATE IN ORDER TO PROVIDE ITS MEMBERS WITH RIDING LESSONS, TRAINING AND EDUCATION PROGRAMS THROUGH THE YEAR 2016. The motion passed on the following roll call vote: B-4 Draft City Council Minutes November 15, 2011 Page 5 of 12 AYES: Campbell, Stern, Wolowicz, and Mayor Long NOES: None ABSENT: Misetich ABSTAIN: None Councilman Stern moved, seconded by Councilman Wolowicz, to direct that future extension requests continue to be reviewed by the Planning Commission in an advisory role. The motion passed on the following roll call vote: AYES: Campbell, Stern, Wolowicz, and Mayor Long NOES: None ABSENT: Misetich ABSTAIN: None City Attorney Lynch noted that the resolution would need to be amended to reflect that future extension requests would continue to be reviewed by the Planning Commission in an advisory role. Associate Planner Mikhail read into the record the following change to Condition No. 4 to read: Conditional Large Domestic Animal Permit No. 005 is hereby extended for a period of five years from the date of the approval of the extension by the City Council. At the conclusion of the five year period, the Planning Commission shall conduct an advisory review of Conditional Large Domestic Animal Permit No. 005 and provide a recommendation to the City Council. Subsequently, the City Council shall conduct a pubic hearing, at which time the City Council may extend the approval of Conditional Large Domestic Animal Permit No. 005 for an additional period of time to be determined by the City Council, not to exceed five years. Councilman Stern moved, seconded by Councilman Wolowicz, to approve the revision to Resolution No. 2011-89 as articulated and read into the record by staff. The motion passed on the following roll call vote: AYES: Campbell, Stern, Wolowicz, and Mayor Long NOES: None ABSENT: Misetich ABSTAIN: None Mayor Long declared the public hearing closed and City Attorney Lynch confirmed that all of the votes were correctly reflected on the record. REGULAR NEW BUSINESS: B-5 Draft City Council Minutes November 15, 2011 Page 6 of 12 Request for Waiver of the Application Fees for a Conditional Use Permit Revision, Variance Revision and Site Plan Review for the Property Located at 5504 Crestridge Road (Palos Verdes Art Center) City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were two requests to speak regarding this item. Associate Planner Mikhail provided a brief staff report regarding this item. Discussion ensued between Council Members and staff. Allen Lay, Chairman, Board of Trustees, Palos Verdes Art Center, Rolling Hills, thanked the Council for the consideration of the waiver of planning application fees and requested the consideration of a waiver of up to $25,000 in fees for any future planning application fees needed as the redevelopment of the Palos Verdes Art Center progresses. He noted that in turn the City of Rancho Palos Verdes would be recognized as a donor to the Palos Verdes Art Center. Ken Dyda, Rancho Palos Verdes, stated that the request for a waiver of the planning application fees has not been granted in the past and that the more appropriate way for being recognized on the Palos Verdes Art Center donor wall would be to consider a grant of $25,000 to the organization during the next annual budget session. Discussion continued between Council Members and staff. Councilman Campbell moved to waive the $7,102 of planning application fees. The motion died for a lack of a second. Councilman Wolowicz moved, seconded by Mayor Long, to: 1) Deny the fee waiver request for planning application fees related to proposed revisions to the previously approved renovation plans at the Art Center; and, 2) Recommend that the Palos Verdes Art Center return with a request for a grant during the City’s annual budget process. The motion passed on the following roll call vote: AYES: Campbell, Stern, Wolowicz, and Mayor Long NOES: None ABSENT: Misetich ABSTAIN: None Employee Incentive Program Results for FY 10-11 City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were three requests to speak regarding this item. B-6 Draft City Council Minutes November 15, 2011 Page 7 of 12 Deputy Director of Finance/IT Downs provided a staff report regarding this item. Mayor Long read portions of comments provided by Mayor Pro Tem Misetich, which he had submitted for inclusion in late correspondence, since he was unable to attend the meeting. Discussion ensued between Council Members and staff. Mark Wells, Rancho Palos Verdes, suggested that this item be tabled for a future meeting, since Mayor Pro Tem Misetich was unable to be present. He commented on the recent dissention between the current Council Members regarding staff compensation, pension and bonuses, and opined that the new Council Members should vote on the employee incentive program, which will demonstrate the manner in which the new Council will work with staff and deal with compensation. Ken Dyda, Rancho Palos Verdes, stated that an employee incentive program was a good idea, but care should be taken on how it is implemented. He stated it should be a based on new concepts, not based on an employee’s job and performance of the duties; service enhancements are not easily measureable, so would have to be based on either the City Manager’s or Council’s discretion. He questioned revenue enhancements and opined that the audit should not be done with a staff member present and suggested the use of a Council subcommittee or the Finance Advisory Committee with directions from the Council. He suggested the tabling of this item. Susan Brooks, Rancho Palos Verdes, stated that she agreed with the premise of an employee incentive program, but that it was a subjective program and would be difficult to make an analysis regarding the difference between an employee performing their job and a new cost savings idea. She suggested tabling the item until Mayor Pro Tem Misetich was present with the new Council Members. She expressed concern regarding the suggestion that businesses with City business licenses would have to substantiate their gross receipts. Discussion continued between Council Members and staff. Councilman Wolowicz moved, seconded by Mayor Long, to honor the commitment made for the bonuses and adopt the staff recommendation with direction to staff regarding Item No. 16 to further evaluate the concerns and responses to those concerns raised by Mayor Pro Tem Misetich. Mayor Long moved a substitute motion, seconded by Councilman Stern, to receive and file the third party review; acknowledge that the target goals that were set for the Employee Incentive Program have been met demonstrating a savings of at least $250,000; authorize the City Manager to distribute the bonus pool at her discretion; and, recommend the City Manager consult with Mayor Pro Tem Misetich and the new Council B-7 Draft City Council Minutes November 15, 2011 Page 8 of 12 as to which of the identified savings are consistent with the purpose of the program, with specific reference to further examination of Item No. 16. The motion passed on the following roll call vote: AYES: Stern, Wolowicz, and Mayor Long NOES: Campbell ABSENT: Misetich ABSTAIN: None RECESS AND RECONVENE: Mayor Long called a brief recess from 9:14 P.M. to 9:29 P.M. Professional/Technical Services Agreement for Services Regarding the Information Technology System City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were no requests to speak regarding this item. Director of Finance/IT McLean provided a staff report regarding this item. Councilman Campbell left the dais at 9:33 P.M. and returned to the dais at 9:36 P.M. Discussion ensued between Council and staff. Councilman Stern moved, seconded by Councilman Wolowicz, to adopt the staff recommendation to approve the Professional/Technical Services Agreement, as amended, for services regarding the Information Technology System between the City and Palos Verdes on the Net. The motion passed on the following roll call vote: AYES: Stern, Wolowicz, and Mayor Long NOES: None ABSENT: Misetich ABSTAIN: Campbell Appointment of Board Members to the Abalone Cove Landslide Abatement District City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were no requests to speak regarding this item. Councilman Stern moved, seconded by Councilman Wolowicz, to waive the staff report. B-8 Draft City Council Minutes November 15, 2011 Page 9 of 12 Without objection, Mayor Long so ordered. City Clerk Morreale provided a brief update to the Council regarding the staff recommendation. Councilman Stern moved, seconded by Councilman Wolowicz, to appoint Bud Parks and Ron Dragoo, each to a full four-year term of office, to the Abalone Cove Landslide Abatement District Board until November 2015. The motion passed on the following roll call vote: AYES: Campbell, Stern, Wolowicz, and Mayor Long NOES: None ABSENT: Misetich ABSTAIN: None Conservation Easements in Favor of the Palos Verdes Peninsula Land Conservancy that are to be Recorded Against City-Owned Properties within the Palos Verdes Nature Preserve City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were four requests to speak regarding this item. Community Development Director Rojas provided a brief staff report regarding this item. City Attorney Lynch provided comments regarding the major points of the draft Conservation Easements for the Council’s consideration. Discussion ensued between Council Members and staff. Ken Swenson, Board President, Palos Verdes Peninsula Land Conservancy (PVPLC), Rancho Palos Verdes, stated that he was present to answer any questions that the Council might have regarding the role of the easement, the upcoming Implementing Agreement, and the recently approved Management Agreement. He stated that the Conservation Easements will protect the land that they bind and noted that he looked forward to continuing to work with staff and the new Council. Bill Swank, PVPLC, Rancho Palos Verdes, stated that he was present to answer any technical questions regarding the easements, and reiterated that the easements run with the land as part of the Preserve. Barbara Sattler, Rancho Palos Verdes, congratulated the outgoing Council Members for their many years of work on the NCCP Project and encouraged the approval of the Conservation Easements. B-9 Draft City Council Minutes November 15, 2011 Page 10 of 12 Councilman Wolowicz moved, seconded by Councilman Stern, to approve the form of the Conservation Easement, as amended, and authorize the Mayor to execute the Conservation Easement on behalf of the City. The motion passed on the following roll call vote: AYES: Campbell, Stern, Wolowicz, and Mayor Long NOES: None ABSENT: Misetich ABSTAIN: None Proposed City Council Policy Regarding City Contribution to Pension Costs City Clerk Morreale reported that late correspondence was distributed prior to the meeting. Mayor Long provided a report regarding this item. Discussion ensued between Council Members and staff. Mayor Long moved, seconded by Councilman Stern, to recommend that the future City Council consider studying and establishing a City Council Policy regarding City contribution to pension costs to provide for smoothing, one example of which is presented in this staff report, enabling the City to better manage annual fluctuations in the CalPERS employer contribution amounts, and consider this as part of the City’s existing Reserve Policy. The motion passed on the following roll call vote: AYES: Campbell, Stern, Wolowicz, and Mayor Long NOES: None ABSENT: Misetich ABSTAIN: None ITEMS REMOVED FROM CONSENT CALENDAR: Renewal of Animal Control Services Contract City Clerk Morreale reported that this item was removed from the Consent Calendar by Mayor Long and that late correspondence was distributed prior to the meeting regarding this item. Mayor Long stated that he requested this item be removed from the Consent Calendar due to the number of comments he has received regarding dissatisfaction with the services received for Animal Control Services. B-10 Draft City Council Minutes November 15, 2011 Page 11 of 12 Discussion ensued between Council Members and staff. Councilman Wolowicz moved to approve the renewal of the contract with the County of Los Angeles Department of Animal Care and Control for animal control services until June 2012. The motion died for a lack of a second. Councilman Stern moved, seconded by Councilman Campbell, to authorize execution of the 5-year renewal contract, as amended, with the County of Los Angeles Department of Animal Care and Control for animal control services. The motion passed on the following roll call vote: AYES: Campbell, Stern, Wolowicz, and Mayor Long NOES: None ABSENT: Misetich ABSTAIN: None Agreement Amendment: Skate Park and Dog Park Community Outreach and Site Analysis City Clerk Morreale reported that this item was removed from the Consent Calendar by Councilman Campbell. Councilman Campbell stated that he was in favor of the amendment to the agreement but noted that his preference would be that due to the controversial nature of the item, the vote on the proposed contract amendment be an advisory vote or that the entire matter be continued to a future meeting for the new Council Members’ consideration. Councilman Stern noted that the amendment would extend the term of the contract, giving the new Council more time to consider the proposals, and that there was no fiscal impact associated with this action. Councilman Stern moved, seconded by Councilman Campbell, to approve staff recommendation to amend the term of the City’s current agreement with Mia Lehrer & Associates for public outreach and site analysis to consider both a skate park and a dog park on the Peninsula to extend the date from February 28, 2012 to April 30, 2012. The motion passed on the following roll call vote: AYES: Campbell, Stern, Wolowicz, and Mayor Long NOES: None ABSENT: Misetich B-11 Draft City Council Minutes November 15, 2011 Page 12 of 12 ABSTAIN: None CITY COUNCIL ORAL REPORTS: Each of the Council Members present reported on his attendance at various organization and association meetings since the last City Council Oral Reports were provided on November 1, 2011. CLOSED SESSION REPORT: City Attorney Lynch reported that the Council gave unanimous direction, (3-0) with Councilman Campbell and Mayor Pro Tem Misetich absent, to the City Attorney to attempt to resolve the matter with the parties on the other side. ADJOURNMENT: At 11:24 P.M., Mayor Long adjourned the meeting. ___________________ Mayor Attest: ___________________ City Clerk W:\City Council Minutes\2011\20111115 DRAFT CC MINS.doc B-12