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CC DM 20170620 B - 20170404 CC ADJ REG MTG MINS DRAFTDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL ADJOURNED REGULAR MEETING APRIL 4, 2017 The meeting was called to order at 5:34 P.M. by Mayor Pro Tem Duhovic at Fred Hesse Community Park, 29301 Hawthorne Boulevard, notice having been given with affidavit thereto on file. City Council roll call was answered as follows: PRESENT: Brooks, Dyda, Misetich and Mayor Pro Tem Duhovic ABSENT: Mayor Campbell (excused) Also present were Doug Willmore, City Manager; David Aleshire, City Attorney; Gabriella Yap, Deputy City Manager; Emily Colborn, City Clerk and Teresa Takaoka, Deputy City Clerk. CLOSED SESSION ITEMS ANNOUNCED: City Attorney Aleshire announced the items to be discussed in Closed Session. PUBLIC COMMENTS: (This section of the agenda is for audience comments regarding Closed Session items) Noel Weiss spoke in regards to the Loveys litigation cases. RECESS TO CLOSED SESSION: At 5:42 P.M., the Council recessed to Closed Session. RECONVENE TO ADJOURNED REGULAR SESSION — INTERVIEWS The meeting was reconvened to an Adjourned Regular Session to conduct interviews for the Emergency Preparedness Committee at 6:51 P.M. PUBLIC COMMENTS: (Audience Comments regarding Items on the Emergency Preparedness Committee Interviews Agenda) Noel Weiss spoke in regards to the safety concerns and potential hazards with the tanks of Rancho LPG and how the Emergency Preparedness Committee should be apprised of current concerns. RECONVENE TO REGULAR SESSION: The meeting was reconvened to Regular Session at 7:23 P.M. DRAFT City Council Minutes Adjourned Regular Meeting April 4, 2017 Page 1 of 11 ROLL CALL: City Council roll call was answered as follows: PRESENT: Brooks, Dyda, Misetich and Mayor Pro Tem Duhovic ABSENT: Mayor Campbell 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; Ara Mihranian, Director of Community Development; Emily Colborn, City Clerk; and Teresa Takaoka, Deputy 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 Miss Sara. CLOSED SESSION REPORT: City Attorney Aleshire reported that discussion ensued with the City's Labor Negotiators; with regards to the City Manager performance evaluation, that did not occur; with regards to the City Attorney performance evaluation, that did not occur; with regards to litigation in one matter, discussion took place; with regards to the Gardena v. Regional Water Quality Control Board matter, that did not occur; with regards to the Loveys litigation, a report was given and no reportable action was taken. MAYOR'S ANNOUNCEMENTS: Mayor Pro Tem Duhovic presented outgoing Traffic Safety Committee Member David Kramer with a City tile. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Mayor Pro Tem Duhovic announced Recyclers of the Month from the March 7, 2017 City Council meeting: Mr. & Mrs. Ronald F. McDowell and Tom Adelsperger. 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. APPROVAL OF THE AGENDA: DRAFT City Council Minutes Adjourned Regular Meeting April 4, 2017 Page 2 of 11 Council discussion ensued regarding the order of the agenda. Councilwoman Brooks moved, seconded by Councilman Dyda to approve the agenda with Regular Business items to be reordered as follows: Item #4 to Item #2, and Item #2 to Item #4. The motion passed on the following roll call vote: AYES: Brooks, Dyda, Misetich and Mayor Pro Tem Duhovic NOES: None ABSENT: Mayor Campbell PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda) Noel Weiss spoke in regards to creating an oral Public Records Act request following up to a request he placed in November 2016 in regards to Green Hills indemnity and their special use and entitlements. He also made a request inquiring as to how much Green Hills has paid the City in regards to defending against the ongoing litigation. CITY MANAGER REPORT: City Manager Willmore reported on: the Household Hazardous Waste/Electronic Waste Round Up event which will be held on Saturday, April 8, 2017, at the Civic Center from 9:00 A.M. to 3:00 P.M.; the Annual Budget Workshop will take place on Monday, April 10, 2017 and the City Council will discuss the City's General Fund; Staff attended the South Bay City Council of Governments Regional Coyote Management Taskforce meeting on Tuesday, March 23, 2017, and based on the information presented at the meeting Staff is developing a plan to implement similar measures in collaboration with other Peninsula Cities, including creating a Peninsula -wide tracking website; the goats are back providing fire control services at various sites within the City; and the Meet the Goats event was held on Saturday, March 25, 2017, and had about 450 attendees. CONSENT CALENDAR: City Clerk Colborn reported that late correspondence was distributed prior to the meeting regarding Item N (Consideration and Possible Action Regarding the Proposed Palos Verdes Reef Restoration Project) and that there was one request to speak Item H (Consideration and Possible Action to Forward the 2016 Annual Report on the Implementation of the Rancho Palos Verdes General Plan to the Appropriate State Agencies). Councilwoman Brooks moved, seconded by Councilman Misetich to approve the Consent Calendar, with Item H (Consideration and Possible Action to Forward the 2016 Annual Report on the Implementation of the Rancho Palos Verdes General Plan to the Appropriate State Agencies) to be removed from the Consent Calendar and to be heard immediately after the Consent Calendar; and with Items G (Consideration and Possible Action to Adopt a Social Host Liability Ordinance), Item I (Consideration and Possible DRAFT City Council Minutes Adjourned Regular Meeting April 4, 2017 Page 3 of 11 Action to Forward the 2016 Annual Report on the Implementation of the Rancho Palos Verdes Housing Element to the Appropriate State Agencies), and Item N (Consideration and Possible Action Regarding the Proposed Palos Verdes Reef Restoration Project) to be removed from the Consent Calendar and heard immediately after Regular Business. The motion passed on the following roll call vote: AYES: Brooks, Dyda, Misetich and Mayor Pro Tem Duhovic NOES: None ABSENT: Mayor Campbell 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 Adjourned Regular Meetings of January 31, 2017, and February 21, 2017. Register of Demands Adopted Resolution No. 2017-10, 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 Regarding a Claim Against the City by Randy and Megan Gomez Rejected the claim and directed Staff to notify the claimants. Consideration and Possible Action Regarding a Claim Against the City by Cherry Ilias Rejected the claim and directed Staff to notify the claimant. Consideration and Possible Action Regarding a Claim Against the City by James C. Randall Rejected the claim and directed Staff to notify the claimant. Consideration and Possible Action to Adopt a Social Host Liability Ordinance This item was removed from the Consent Calendar for separate consideration. DRAFT City Council Minutes Adjourned Regular Meeting April 4, 2017 Page 4 of 11 Consideration and Possible Action to Forward the 2016 Annual Report on the Implementation of the Rancho Palos Verdes General Plan to the Appropriate State Agencies This item was removed from the Consent Calendar for separate consideration. Consideration and Possible Action to Forward the 2016 Annual Report on the Implementation of the Rancho Palos Verdes Housing Element to the Appropriate State Agencies This item was removed from the Consent Calendar for separate consideration. Consideration and Possible Action to Amend the Rancho Palos Verdes Administrative Citation Fine Schedule to Include, as a Second Tier Fine, Violations of the City's Municipal Code for the Advertisement of Short-term Rentals in the City's Single-family and Multi -family Residential Zoning Districts Adopted Resolution No. 2017-11, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING THE SCHEDULE OF PENALTIES FOR ADMINISTRATIVE CITATIONS BY AMENDING THE SECOND TIER OF FINES FOR CERTAIN VIOLATIONS OF THE CITY OF RANCHO PALOS VERDES MUNICIPAL CODE, AND RESCINDING RESOLUTION NO. 2017-09. Consideration and Possible Action to Authorize the City Clerk to File a Notice of Completion for the Abalone Cove Sewer System Cleaning, Inspection, and Reporting FY16-17 Project 1) Accepted the work as complete; and, 2) Authorized the City Clerk to file a Notice of Completion with the Los Angeles County Registrar -Recorder's Office. Consideration and Possible Action Authorizing a Change Order to Increase the Contract Limit with Hardy and Harper, Inc. for FY16-17 and Appropriate Funds to Cover Expenditures Incurred from the Recent Winter Storms Authorized an increase of $137,000 to the Roadway Maintenance Contract FY16-17 with Hardy & Harper, Inc. to accommodate the additional work associated with recent winter storms. Consideration and Possible Action to Adopt an Authorizing Resolution for the Outdoor Environmental Education Facilities Grant Program to Fund Palos Verdes Nature Preserve Entry Signage Adopted Resolution No. 2017-12, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING THE APPLICATION FOR OUTDOOR ENVIRONMENTAL EDUCATION FACILITIES GRANT FUNDS. DRAFT City Council Minutes Adjourned Regular Meeting April 4, 2017 Page 5 of 11 Consideration and Possible Action Regarding the Proposed Palos Verdes Reef Restoration Project This item was removed from the Consent Calendar for separate consideration. ITEM REMOVED FROM THE CONSENT CALENDAR: Consideration and Possible Action to Forward the 2016 Annual Report on the Implementation of the Rancho Palos Verdes General Plan to the Appropriate State Agencies City Clerk Colborn reported that there was one request to speak regarding this item. Mayor Pro Tem Duhovic moved to waive the Staff Report. Minas Yerelian, Rancho Palos Verdes, commented about the noise element of the conditional use permits. Councilwoman Brooks moved, seconded by Councilman Dyda to approve the Staff recommendation to direct Staff to forward the City's Annual Progress Report on the implementation of the Rancho Palos Verdes General Plan during the 2016 calendar year to the Governor's Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD). The motion passed on the following roll call vote: AYES: Brooks, Dyda, Misetich and Mayor Pro Tem Duhovic NOES: None ABSENT: Mayor Campbell PUBLIC HEARING: Consideration and Possible Action to Amend the Master Schedule of Fees and Charges to Add a Fee for a Minor Modification Request and to Designate a Reduced Minor Modification Appeal Fee City Clerk Colborn reported that notice of the public hearing was duly published; there were no written protests received; and there was one request to speak on this item. Associate Planner Silva presented a staff report and Powerpoint presentation. Mayor Pro Tem Duhovic declared the public hearing open. Minas Yerelian, Rancho Palos Verdes, commented on the appeal process for a minor modification and the fees associated with them. DRAFT City Council Minutes Adjourned Regular Meeting April 4, 2017 Page 6 of 11 Mayor Pro Tem Duhovic declared the public hearing closed. Councilman Misetich moved, seconded by Councilwoman Brooks to approve the Staff recommendation to adopt Resolution No. 2017-13, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING THE MASTER SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES TO ADD A NEW MINOR MODIFICATION REQUEST FEE AND DESIGNATING A REDUCED MINOR MODIFICATION APPEAL FEE. The motion passed on the following roll call vote: AYES: Brooks, Dyda, Misetich and Mayor Pro Tem Duhovic NOES: None ABSENT: Mayor Campbell REGULAR BUSINESS: Consideration and Possible Action to Appoint Two Members to the Emergency Preparedness Committee (EPC) City Clerk Colborn distributed ballots earlier in the evening for the selection of two members to fill the vacancies on the Emergency Preparedness Committee. After one round of balloting, Diana Feinberg and Marty Foster were selected to fill the two vacancies on the Emergency Preparedness Committee, said terms of office will be until April 2021. Consideration and Possible Action to Determine if Barking Dog Noise Complaints Should Be Included in the Proposed Citywide Noise Control Ordinance (Case No. ZON2017-00015) City Clerk Colborn reported that late correspondence was distributed prior to the meeting Senior Planner Mikhail presented a staff report and Powerpoint presentation. Discussion ensued among Council Members and Staff. Councilwoman Brooks moved, seconded by Councilman Dyda, to initiate code amendment proceedings for Title 6, Section 6.04.060 (Disturbing the Peace Prohibited); and have Staff return with possible amendments to the City's code to bring animal control services in house including an enforcement process. DRAFT City Council Minutes Adjourned Regular Meeting April 4, 2017 Page 7 of 11 The motion passed on the following roll call vote: AYES: Brooks, Dyda, Misetich and Mayor Pro Tem Duhovic NOES: None ABSENT: Mayor Campbell Consideration and Possible Action to Receive Information Regarding the CalPERS Annual Actuarial Reports and Other Information Related to the CalPERS Pension and Benefit Program for the City of Rancho Palos Verdes Director of Finance Cullen presented a staff report and Powerpoint presentation. Mayor Pro Tem Duhovic called a brief recess from 8:40 P.M. to 8:47 P.M. Discussion ensued among Council Members and Staff. Councilwoman Brooks moved, seconded by Councilman Dyda to approve the Staff recommendation to receive and file. The motion passed on the following roll call vote: AYES: Brooks, Dyda, Misetich and Mayor Pro Tem Duhovic NOES: None ABSENT: Mayor Campbell Consideration and Possible Action to Introduce an Ordinance Amending Rancho Palos Verdes Municipal Code Chapter 2.08—City Manager Mayor Pro Tem Duhovic moved, seconded by Councilman Dyda, to waive the staff report and to approve the Staff recommendation to introduce Ordinance No. 596, Provide direction on the proposed revisions to Rancho Palos Verdes Municipal Code Chapter 2.08 – City Manager. The motion passed on the following roll call vote: AYES: Brooks, Dyda, Misetich and Mayor Pro Tem Duhovic NOES: None ABSENT: Mayor Campbell Consideration and Possible Action to Amend City Council Policy No. 31 Regarding Encroachments into the City's Public Rights -of -Way Mayor Pro Tem Duhovic moved, seconded by Councilwoman Brooks, to waive the staff report and to approve the Staff recommendation to approve additional amendments to City Council Policy No. 31 regarding encroachments into the City's public rights-of-way. The motion passed on the following roll call vote: DRAFT City Council Minutes Adjourned Regular Meeting April 4, 2017 Page 8 of 11 AYES: Brooks, Dyda, Misetich and Mayor Pro Tem Duhovic NOES: None ABSENT: Mayor Campbell Consideration and Possible Action to Appoint a City Council Member as the City Representative to the Boards of Directors of the Abalone Cove Landslide Abatement District (ACLAD) and the Klondike Canyon Geologic Hazard Abatement District (KCGHAD) Discussion ensued among Council Members. Councilman Misetich moved, seconded by Councilwoman Brooks to waive the staff report and to: 1) Appoint a Councilman Dyda to represent the City on the ACLAD Board; and, 2) Appoint Councilman Dyda to represent the City on the KCGHAD Board. The motion passed on the following roll call vote: AYES: Brooks, Dyda, Misetich and Mayor Pro Tem Duhovic NOES: None ABSENT: Mayor Campbell ITEMS REMOVED FROM THE CONSENT CALENDAR: Consideration and Possible Action to Adopt a Social Host Liability Ordinance This item was removed by Councilman Dyda from the Consent Calendar for separate consideration. Discussion ensued among Council Members, City Attorney, and Staff. Councilman Dyda moved, seconded by Councilwoman Brooks to approve the Staff recommendation to direct Staff to adopt 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) OF TITLE 9 OF THE CITY'S MUNICIPAL CODE TO IMPOSE LIABILITY ON ADULTS FOR PROVIDING ALCOHOL TO UNDERAGE PERSONS AND/OR ALLOWING UNDERAGE DRINKING. The motion passed on the following roll call vote: AYES: Brooks, Dyda, Misetich and Mayor Pro Tem Duhovic NOES: None ABSENT: Mayor Campbell DRAFT City Council Minutes Adjourned Regular Meeting April 4, 2017 Page 9 of 11 Consideration and Possible Action to Forward the 2016 Annual Report on the Implementation of the Rancho Palos Verdes Housing Element to the Appropriate State Agencies This item was removed by Councilman Dyda from the Consent Calendar for separate consideration. Councilman Dyda moved, seconded by Councilwoman Brooks to approve the Staff recommendation to direct Staff to forward the City's Annual Progress Report on the implementation of the Rancho Palos Verdes Housing Element during the 2016 calendar year to the Governor's Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD). The motion passed on the following roll call vote: AYES: Brooks, Dyda, Misetich and Mayor Pro Tem Duhovic NOES: None ABSENT: Mayor Campbell Consideration and Possible Action Regarding the Proposed Palos Verdes Reef Restoration Project This item was removed by Councilwoman Brooks from the Consent Calendar for separate consideration. Discussion ensued among Council Members, and Staff. Councilwoman Brooks moved, seconded by Councilman Dyda to approve the Staff recommendation to authorize the Mayor to sign a letter to the California State Lands Commission expressing the City Council's opposition to the granting of an off -shore lease for the proposed Palos Verdes Reef Restoration Project. The motion passed on the following roll call vote: AYES: Brooks, Dyda, and Mayor Pro Tem Duhovic NOES: None ABSTAIN: Misetich ABSENT: Mayor Campbell FUTURE AGENDA ITEMS: 0 rem CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. DRAFT City Council Minutes Adjourned Regular Meeting April 4, 2017 Page 10 of 11 ADJOURNMENT: At 9:46 P.M., Mayor Pro Tem Duhovic adjourned the meeting to 7:00 P.M. on April 10, 2017, for an Adjourned City Council Meeting/Budget Workshop., and in memory of Sherry May, a long time Peninsula resident and community leader. Attest: City Clerk Mayor DRAFT City Council Minutes Adjourned Regular Meeting April 4, 2017 Page 11 of 11