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CC DM 20170404 B - 20170221 CC ADJ MTG MINS DRAFTDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL ADJOURNED REGULAR MEETING FEBRUARY 21, 2017 The meeting was called to order at 5:59 P.M. by Mayor Campbell at Fred Hesse Community Park, 29301 Hawthorne Boulevard. City Council roll call was answered as follows: PRESENT: Brooks, Duhovic, Dyda, Misetich and Mayor Campbell ABSENT: None Also present were Doug Willmore, City Manager; David Aleshire, City Attorney; Gabriella Yap, Deputy City Manager; and Teresa Takaoka, Acting City Clerk. RECONVENE TO ADJOURNED REGULAR SESSION — INTERVIEWS The meeting was reconvened to an Adjourned Regular Session to conduct interviews for the Traffic Safety Committee at 6:00 P.M. RECONVENE TO STUDY SESSION: The meeting was reconvened to a Study Session at 7:11 P.M. STUDY SESSION: PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA FOR THE STUDY SESSION: Acting City Clerk Takaoka reported that there were no requests to speak. DISCUSSION TOPICS: Review of Tentative Agendas and 2014 City Council Goals and Priorities Discussion ensued among Council Members, City Attorney Aleshire, and Staff regarding items on the upcoming Council Meeting agendas as listed on the Tentative Agendas. Councilwoman Brooks moved, seconded by Councilman Dyda to approve the tentative agendas as amended. The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Dyda, Misetich and Mayor Campbell DRAFT City Council Minutes Adjourned Regular Meeting February 21, 2017 Page 1 of 11 NOES: None RECONVENE TO REGULAR SESSION: The meeting was reconvened to Regular Session at 7:17 P.M. ROLL CALL: City Council roll call was answered as follows: PRESENT: Brooks, Duhovic, Dyda, Misetich and Mayor Campbell ABSENT: None Also present were Doug Willmore, City Manager; Gabriella Yap, Deputy City Manager; David Aleshire, City Attorney; Michael Throne, Director of Public Works; Nicole Jules, Deputy Director of Public Works; Cory Linder, Director of Recreation and Parks; Daniel Trautner, Deputy Director of Recreation and Parks; Deborah Cullen, Director of Finance; Ara Mihranian, Community Development Director; Katie Lozano, Administrative Analyst II; Octavio Silva, Associate Planner; Mercy Lugo, Planning Technician; Dan Landon, IT Manager; and Teresa Takaoka, Acting City Clerk. Also present was Captain Beringer, Lomita Station, Los Angeles County Sheriff's Department. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilman Misetich. MAYOR'S ANNOUNCEMENTS: Mayor Campbell announced the upcoming Earth Month activities; Free Document Shredding on two separate dates; and the EDCO citywide brush clearing event. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Campbell announced Recyclers of the Month from the February 7, 2017, City Council meeting: Walter Wolleat and Roger Wolff. He indicated that all winners receive a check for $250 and urged everyone to participate in the City's Recycling Program. He noted that in addition to winning the Recycler Drawing, the two individuals also won a Personal Emergency Preparedness Kit from the City at a value of $60.00. APPROVAL OF THE AGENDA: Council discussion ensued regarding the order of the agenda. Mayor Pro Tem Duhovic moved, seconded by Councilwoman Brooks to approve the agenda with the Closed Session item added to the agenda and Regular Business items DRAFT City Council Minutes Adjourned Regular Meeting February 21, 2017 Page 2 of 11 to be reordered as follows: Item #3 to Item #4, Item #4 to Item #3, Item #5 to Item #7, Item #6 to Item #8, Item #7 to Item #6, and Item #8 to Item #5. The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Dyda, Misetich and Mayor Campbell NOES: None ABSENT: None City Attorney Aleshire announced a Closed Session item to be added to the agenda and to be discussed at the end of the meeting as it relates to the Vista Verde Homeowners settlement. Mayor Pro Tem Duhovic moved, seconded by Mayor Campbell to add the closed session item to the end of the agenda. The motion was approved by acclamation. PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda) Acting City Clerk Takaoka reported that there was one request to speak regarding this item. Carol Mueller, expressed concern with Southern California Edison workers seeking to do repairs after dark. CITY MANAGER REPORT: City Manager Willmore announced: the Sheriff's enforcement in removing a homeless encampment at Coco's Restaurant on Western Avenue; the Annual Whale of a Day Celebration will be held on March 11, 2017; the revisions to the City's Silhouette process; and the City Hall Customer Service Survey that was mailed out. CONSENT CALENDAR: Acting City Clerk Takaoka reported that there were no requests to speak on Consent Calendar items. Mayor Pro Tem Duhovic moved, seconded by Mayor Campbell to approve the Consent Calendar with an amendment to Item B (Minutes of January 17, 2017). The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Dyda, Misetich, and Mayor Campbell NOES: None ABSENT: None Motion to Waive Full Reading DRAFT City Council Minutes Adjourned Regular Meeting February 21, 2017 Page 3 of 11 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 January 17, 2017, Special Meeting, as amended, and the February 7, 2017, Adjourned Regular Meeting (Interviews). Register of Demands ADOPTED RESOLUTION NO. 2017-06, 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. Consideration and Possible Action to Receive and File the FY 2015-16 Comprehensive Annual Financial Report (CAFR) of the City of Rancho Palos Verdes Received and filed the FY15-16 Comprehensive Annual Financial Report (CAFR) of the City of Rancho Palos Verdes; and Statements on Auditing Standards (SAS) 114 Letter from Independent Auditors to Those Charged with Governance. Consideration and Possible Action to Accept Gifts for Parks Donations Accepted Gifts for Parks donations and directed Staff to prepare donor letters of appreciation for the Mayor's signature. Consideration and Possible Action to Award a Professional Services Agreement to Sunbeam Technologies, Inc. for Inspection Services on Palos Verdes Drive South through the Landslide Area 1) Authorized the award of a contract with Sunbeam Technologies, Inc. for Professional Services up to $17,690 to provide inspection services specific to the landslide area in Portuguese Bend; and, 2) Authorized the Mayor and the City Clerk to execute the Professional Services Agreement with Sunbeam Technologies, Inc. subject to approval as to from by the City Attorney. Consideration and Possible Action to Award a Contract for the Construction of the Abalone Cove Sewer Manhole Rehabilitation Project FY16-17 1) Awarded a construction contract to Ayala Engineering in the amount of $196,400; 2) Awarded a Professional Services Agreement to Sunbeam Consulting, Inc. for Construction Oversight Services in the amount of $8,540; 3) Authorized a project contingency in the amount of $3,600; and, 4) Authorized the Mayor and City Clerk to execute the Construction and Professional Services Agreements; subject to approval as to form by the City Attorney. DRAFT City Council Minutes Adjourned Regular Meeting February 21, 2017 Page 4 of 11 PUBLIC HEARINGS: Consideration and Possible Action to Adopt an Ordinance Amending Chapters 17.78.040 and 17.78.050 of Title 17 of the City's Municipal Code to Codify a "Minor Modification" Process, and to Clarify the Process for Interpreting Previous Decisions and/or Conditions of Approval Acting City Clerk Takaoka reported that notice of the public hearing was duly published; there were no written protests received; and there were two requests to speak on this item. Associate Planner Silva presented a brief staff report and Powerpoint presentation. Discussion ensued among Council Members, Staff and the City Attorney. Mayor Campbell declared the public hearing open. Tom Alley, Rancho Palos Verdes, expressed his concern that Staff would reach back to long completed subdivision projects and wanted the response time for an applicant increased. Minas Yerelian, Rancho Palos Verdes, commented on the need for the applicant to pay for any modifications and for increased time for the applicant to respond as he felt the five days were not sufficient. Mayor Campbell declared the public hearing closed. Discussion ensued among Council Members, Staff and the City Attorney. Direction was provided by Council Members to modify the proposed appeal period for a Minor Modification Appeal from 5 days to 15 days and to come back with a Minor Modification application fee and a reduced appeal fee. Councilman Duhovic moved, seconded by Councilman Dyda, to approve staff recommendation to: 1) Introduce Ordinance No. 594, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 17.78.040 (AMENDMENTS TO APPROVED APPLICATIONS) AND CHAPTER 17.78.050 (INTERPRETATION PROCEDURE FOR APPROVED APPLICATIONS) OF TITLE 17 OF THE CITY'S MUNICIPAL CODE TO CODIFY A "MINOR MODIFICATION" PROCESS AND CLARIFYING THE PROCESS FOR INTERPRETING PREVIOUS DECISIONS AND/OR CONDITIONS OF APPROVAL, as amended; and, 2) Provided Staff with direction as to whether a reduced appeal filing fee should be established for Minor Modification Appeals. DRAFT City Council Minutes Adjourned Regular Meeting February 21, 2017 Page 5 of 11 The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Dyda, Misetich, and Mayor Campbell NOES: None ABSENT: None Consideration and Possible Action to Approve a Revision to Conditional Large Domestic Animal Permit No. 5 (Case No. ZON2016-00395) Acting City Clerk Takaoka reported that notice of the public hearing was duly published; there were no written protests received; and there were two requests to speak on this item. Assistant Planner Lugo presented a brief staff report and Powerpoint presentation. Discussion ensued among Council Members, Staff and the City Attorney. Mayor Campbell declared the public hearing open. Sandra Valeri, Rancho Palos Verdes, spoke in favor of Staff's recommendation. The second speaker was desirous of speaking only if there was opposition to the project, there being no opposition, the speaker withdrew their request. Mayor Campbell declared the public hearing closed. Discussion ensued among Council Members, Staff and the City Attorney. Councilman Misetich moved, seconded by Mayor Pro Tem Duhovic, to approve staff recommendation to: ADOPT RESOLUTION NO. 2017-07, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING A REVISION TO CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 5 (CASE NO. ZON2016-00395, THEREBY: 1) EXTENDING THE EXISTING ENTITLEMENT FOR FIVE ADDITIONAL YEARS MARKING THE NEW EXPIRATION DATE AS NOVEMBER 15, 2021, 11) EXTENDING THE OPERATING HOURS TO 8:00 AM TO 8:00 PM, AND III) INSTALLING FOUR 10 -FOOT TALL LIGHT POSTS WITH TWO LAMPS EACH TO ILLUMINATE TWO OF THE EXISTING CORRALS UNTIL 8:30 PM. The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Dyda, Misetich, and Mayor Campbell NOES: None ABSENT: None REGULAR BUSINESS: DRAFT City Council Minutes Adjourned Regular Meeting February 21, 2017 Page 6 of 11 Consideration and Possible Action to Appoint Three Members to the Traffic Safety Committee (TSC) As there was no request for a staff report, Acting City Clerk Takaoka distributed ballots for the selection of three members to fill the vacancies on the Traffic Safety Committee. After one round of balloting, Jessica Patton Vlaco, Larry Jen -Ho Liu, and James Guerin were selected to fill the three vacancies on the Traffic Safety Committee, said terms of office will be until February 2021. Mayor Campbell called a brief recess from 8:17 P.m. to 8:25 P.M. Consideration and Possible Action to Review a List of Potential Items to be Included In and Exempted From a Citywide Noise Ordinance (Case No. ZON2017- 00015) Acting City Clerk Takaoka reported that late correspondence was distributed prior to the meeting and that there were 10 requests to speak regarding this item. Senior Planner Mikhail presented a brief staff report and Powerpoint Presentation. Carrie Cahill Asher, Rancho Palos Verdes, expressed concern that the ordinance would keep people out of the park and shared that educating the public would be beneficial so they could enjoy the park. Ellen Wright, Rancho Palos Verdes, shared that there is a business in a residential area; she had discussions with Point View Management; and, she is in favor of the City conducting a study and enacting a noise ordinance. Frank L. Atkin, Rancho Palos Verdes, expressed concern that the Sierra Club may have been implicated as being part of the noise problem in the park and felt that more should be done to identify the offending parties causing the noise and efficiently address the complaint. Zolton Stroll, Rancho Palos Verdes, shared three comments: consider allowing hikes by permit at other parks besides Del Cerro; consider informing others that may come to hike without obtaining the proper permits of the rules; and, consider the trail maintenance as provided by volunteer hikers. Sarah Kim, Rancho Palos Verdes, expressed her concern that homeowners near Del Cerro are harassed by noisy hikers all night, they are very disruptive, and she has contacted the Sheriff's on numerous occasions. She recommends better signage as well. Minas Yerelian, Rancho Palos Verdes, stated that continuous noise should not be permitted as the rural setting is getting lost. He recommended measuring decibel levels. DRAFT City Council Minutes Adjourned Regular Meeting February 21, 2017 Page 7 of 11 Paul Kim, Rancho Palos Verdes, shared his concern with the influx of strangers to the park and the negative effects of the noise on his quality of life. He would like to see better signage and enforcement of the parking in the area. Alan S., Rancho Palos Verdes, commented on the long standing principle that if one lives next to a dump they can't complain. He would like school grounds and public parks to be exempted from the ordinance. David Shirley, Rancho Palos Verdes, spoke in favor of staff recommendation, in particular where it addresses mechanical noises, but felt there should be more specificity regarding decibel levels and duration of noise. Kathy Edgerton, Rancho Palos Verdes, spoke in favor of continuing the evening hikes as long as hikers were respectful of neighbors, and noted that she is working with residents to try to identify offenders by tracking when the noise occurs. Discussion ensued among Council Members and Staff. Councilwoman Brooks moved, seconded by Mayor Pro Tem Duhovic, to direct Staff to return with an ordinance including modifications and exemptions as noted and to bifurcate leaf blowers and barking dogs from the ordinance for separate consideration at a later date. The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Dyda, Misetich, and Mayor Campbell NOES: None ABSENT: None Consideration of and Possible Action Regarding the FY16-17 Mid -year Financial Report and Year-end Estimates Acting City Clerk Takaoka reported there were no requests to speak regarding this item. Director of Finance Cullen presented a brief staff report and Powerpoint presentation. Discussion ensued among Council Members and Staff. Councilman Misetich moved, seconded by Councilwoman Brooks, to approve staff recommendation to: 1) Receive and File the FY16-17 Mid -year Financial Report; 2) Approve related budget adjustments as reported; and, 3) Set a budget workshop date for April 10, 2017. The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Dyda, Misetich, and Mayor Campbell NOES: None DRAFT City Council Minutes Adjourned Regular Meeting February 21, 2017 Page 8 of 11 ABSENT: None Consideration and Possible Action to Introduce a Social Host Liability Ordinance Acting City Clerk Takaoka reported that late correspondence was distributed prior to the meeting and that there were 10 requests to speak regarding this item. Deputy City Manager Yap presented a brief staff report. Discussion ensued among Council Members and Staff. Beth Meyerhoff, Rancho Palos Verdes, noted she was representing the Palos Verdes Peninsula Council of PTAs and supports staff recommendation. Suzanne Seymour, Rancho Palos Verdes, noted she was representing the Palos Verdes Peninsula School Board and supports staff recommendation. Mitzi Cress, Peninsula High School Principal, supports staff recommendation and spoke to the statistics of various issues caused by underage drinking. Rod Uyeda, Rancho Palos Verdes, noted he was the former Manhattan Beach Police Chief and he supports the Social Host Ordinance and noted the dangers of underage drinking. Linda Reid, Palos Verdes PTA Council, spoke in support of staff recommendation and noted that unfortunately drinking is starting earlier and social media is generally how parties are advertised. Raunda Frank, Beach Cities BHS Prevention Coordinator, spoke in support of staff recommendation and shared the statistical data on the negative effects of early alcohol consumption. Sandra Valeri, Rancho Palos Verdes, noted that she had initially asked for the item to be agendized; she thanked the Council for considering the matter this evening; and stated she was very proud of her City. Alan S., Rancho Palos Verdes, spoke in support of the ordinance but noted some revisions that could be made to the wording for clarity and asked for Staff to consider his recommendations. Joan Davidson, Palos Verdes Estates, spoke in support of the ordinance and hoped that the City Council would support it. Bruce Miller, Rancho Palos Verdes, spoke in favor of the ordinance although he felt it was overly broad and questioned as to whether an unwitting host would face liability. DRAFT City Council Minutes Adjourned Regular Meeting February 21, 2017 Page 9 of 11 Mayor Pro Tem Duhovic moved to extend the meeting to 10:45 P.M. for the consideration of new business. Without objection, Mayor Campbell so ordered. Mayor Campbell moved, seconded by Councilwoman Brooks, to approve staff recommendation to: Introduce Ordinance No. 595 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADDING CHAPTER 9.26 (SOCIAL HOST LIABILITY FOR PARTIES AT WHICH UNDERAGE DRINKING OCCURS) TO TITLE 9 OF THE CITY'S MUNICIPAL CODE TO IMPOSE LIABILITY ON ADULTS FOR PROVIDING ALCOHOL TO UNDERAGE PERSONS AND/OR ALLOWING UNDERAGE DRINKING, as amended. The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Dyda, Misetich, and Mayor Campbell NOES: None ABSENT: None Mayor Campbell called a brief recess from 10:40 P.M. to 10:54 P.M. RECESS TO CLOSED SESSION Mayor Campbell moved, seconded by Councilman Dyda to continue all remaining items to the next meeting and to recess to closed session at 10:57 P.M. Consideration and Possible Action to Revise and Approve the City Clerk's Office Records Retention Schedule This item was continued to the next meeting. Consideration and Possible Action to Provide Direction on the Proposed Revisions to Rancho Palos Verdes Municipal Code Chapter 2.08 This item was continued to the next meeting. FUTURE AGENDA ITEMS: This item was continued to the next meeting. CITY COUNCIL ORAL REPORTS: This item was continued to the next meeting. RECONVENE TO OPEN SESSION The meeting was reconvened to Regular Session at 11:05 P.M. DRAFT City Council Minutes Adjourned Regular Meeting February 21, 2017 Page 10 of 11 City Attorney Aleshire reported on the added closed session item involving the Vista Verde litigation, a report was given and no reportable action was taken. ADJOURNMENT: At 11:06 P.M., Mayor Campbell adjourned the meeting to 5:30 P.M. on March 7, 2017 for an Adjourned Regular Meeting/Closed Session. Attest: Acting City Clerk W101 City Clerk\City Council Minutes\2017\20170221 CC ADJ MTG MINS DRAFT.doc Mayor DRAFT City Council Minutes Adjourned Regular Meeting February 21, 2017 Page 11 of 11