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CC DM 20170919 B - 20170801 CC ADJ MTG MINS DRAFTDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL ADJOURNED REGULAR MEETING AUGUST 1, 2017 CLOSED SESSION CALL TO ORDER: An adjourned regular meeting of the Rancho Palos Verdes City Council for the purpose of a Closed Session was called to order by Mayor Campbell at 5:34 P.M. at Fred Hesse Community Park, McTaggart Hall, 29301 Hawthorne Boulevard., notice having been given with affidavit thereto on file. City Council roll call was answered as follows: PRESENT: Brooks, Dyda, Duhovic, and Mayor Campbell ABSENT: *Misetich (Excused) Also present were Doug Willmore, City Manager; Dave Aleshire, City Attorney; Gabriella Yap, Deputy City Manager; Teresa Takaoka, Deputy City Clerk; and Emily Colborn, City Clerk 1131[0K419]IT, ILT, l:4►k&S City Clerk Colborn reported that there were no requests to speak. CLOSED SESSION ITEMS ANNOUNCED: City Attorney Aleshire announced the items to be discussed in Closed Session. 1. POTENTIAL LITIGATION AGAINST THE CITY GC 54956.9(d)(2) and (e)(3) A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency, based on a letter dated April 19, 2016, from Ted. K. Lippincott, legal counsel for Mark Doddy, to Deputy City Manager Yap, a letter dated May 9, 2016, from Mr. Lippincott to City Manager Willmore, a letter dated July 21, 2016, from Ted. K. Lippincott, legal counsel for Rocco Sigona, to Former Assistant City Attorney Christina Burrows, and a letter dated August 18, 2016, from Ted. K. Lippincott, legal counsel for Maria Serrao, to Former Assistant City Attorney Christina Burrows. A copy of the letters are on file in the City Clerk's Office. 2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION GC §54956.9(d)(1) A closed session will be held to confer with legal counsel regarding pending litigation to which the City is a party. The title of such litigation is as follows: Michael Fantore vs. City of Rancho Palos Verdes; Case No. 171WSC04538; Los Angeles Superior Court. 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION GC 54957(b) Title: City Manager RECESS TO CLOSED SESSION (FIRESIDE ROOM): At 5:36 P.M., the Council recessed to Closed Session. *Councilmember Misetich arrived at 5:57 P.M. ADJOURN TO SPECIAL MEETING (FIRESIDE HALL): At 6:05 P.M., the Council adjourned the closed session for a special meeting to conduct interviews for the Civic Center Advisory Committee. REGULAR MEETING CALL TO ORDER: A Regular meeting of the Rancho Palos Verdes City Council was called to order by Mayor Campbell at 7:33 P.M. at Fred Hesse Community Park, McTaggart Hall, 29301 Hawthorne Boulevard., notice having been given with affidavit thereto on file. City Council roll call was answered as follows: PRESENT: Brooks, Dyda, Misetich, Duhovic, and Mayor Campbell ABSENT: None Also present were Doug Willmore, City Manager; Gabriella Yap, Deputy City Manager; Dave Aleshire, City Attorney; Terry Rodrigue, Interim Director of Public Works; Nicole Jules, Deputy Director of Public Works; Michael Gibson, Senior Administrative Analyst; Nadia Carrasco, Assistant Engineer; Daniel Trautner, Deputy Director of Recreation and Parks; Matt Waters, Senior Administrative Analyst; Deborah Cullen, Director of Finance; Ara Mihranian, Director of Community Development; So Kim, Deputy Director of Community Development; Paul Christman, Building Official; Dan Landon, Information Technology Manager; Teresa Takaoka, Deputy City Clerk and Emily Colborn, City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Herb Stark. City Council Minutes Adjourned Regular Meeting August 1, 2017 Page 2 of 10 CLOSED SESSION REPORT: City Attorney Aleshire reported that with regards to the Public Employee Performance Evaluation for the City Manager, the matter was discussed with no reportable action taken. MAYOR'S ANNOUNCEMENTS: Mayor Campbell announced that the presentation by the U.S. Secret Service regarding Government Agency Workplace Safety scheduled for tonight's meeting has been canceled. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Campbell announced Recyclers of the Month from the July 18, 2017, City Council meeting: Judy Bradford and Dr. Richard Mahoney. 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: Councilwoman Brooks moved, seconded by Councilman Misetich, to approve the agenda as presented with Item 2 being omitted. The motion passed on the following roll call vote: AYES: Brooks, Dyda, Misetich, Duhovic and Mayor Campbell NOES: None ABSENT: None PUBLIC COMMENTS: City Clerk Colborn reported that there was one request to speak. Matthew Vitalich, announced his candidacy for City Council. CITY MANAGER REPORT: City Manager Willmore announced the following: the City's website reached a record number of page views — 25,801 views total; Miraleste Drive Rehabilitation Project update; and work efforts to restore the trails in Lower Portuguese Bend Reserve. CONSENT CALENDAR: City Council Minutes Adjourned Regular Meeting August 1, 2017 Page 3 of 10 City Clerk Colborn reported that late correspondence was distributed prior to the meeting regarding Items J and K and there were no requests to speak. Councilwoman Brooks moved, seconded by Mayor Pro Tem Duhovic, to approve the Consent Calendar with Item J removed and to be heard after Regular Business. The motion passed on the following roll call vote: AYES: Brooks, Misetich, Dyda, Duhovic, and Mayor Campbell NOES: None ABSENT: None A. 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. B. Approval of Minutes Approved the Minutes of the June 6, 2017, Regular Meeting and the July 5, 2017, Adjourned Regular Meeting. C. Register of Demands Adopted Resolution No. 2017-42, 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. D. Consideration and possible action to initiate proceedings to order the preparation of and approve the Engineer's Report and set a public hearing to consider setting the annual levy and assessments of the existing Citywide Landscaping and Lighting Maintenance District (LLMD) at zero Adopted Resolution No. 2017-43, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE EXISTING CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT (LLMD) FOR FY17-18 AND ORDERING PREPARATION OF AN ENGINEER'S REPORT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE; Adopted Resolution No. 2017-44, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING THE ENGINEER'S REPORT IN CONNECTION WITH THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE EXISTING CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT (LLMD) FOR FY17-18; and, City Council Minutes Adjourned Regular Meeting August 1, 2017 Page 4 of 10 Adopted Resolution No. 2017-45, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, DECLARING THE CITY COUNCIL'S INTENTION TO SET THE LEVY AT ZERO WITHIN THE EXISTING CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT (LLMD) FOR FY17-18 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE, AND APPOINTING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. E. Consideration and possible action regarding a claim against the City by Tamara Lynne Ramsey Rejected the claim and directed Staff to notify the claimant. F. Consideration and possible action to receive and file the Information Technology Strategic Plan Received and filed the Information Technology Strategic Plan. G. Consideration and possible action regarding the June 2017 Cash Balances/Monthly Treasurer's Report Received and filed the June 2017 Cash Balances/Monthly Treasurer's Report. H. Consideration and possible action to authorize the City Clerk to file a Notice of Completion for the Abalone Cove Sewer Manhole Rehabilitation Project FY16- 17 1) Accepted the work as complete; 2) Authorized the City Clerk to file a Notice of Completion with the Los Angeles County Registrar -Recorder's 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 Performance Bond; and, 3) Authorized the Director of Public Works to release the 5% retention payment in the amount of $9,945 to Ayala Engineering, 35 days after recordation of the Notice of Completion, contingent upon no claims being filed on the project and the contractor posting an acceptable warranty bond. I. Consideration and possible action to execute an agreement with Interwest Consulting Group, Inc. to extend Interim Public Works Director Services Approved execution of a new agreement with Interwest Consulting Group, Inc. to extend Interim Public Works Services in an amount not -to -exceed $50,000, to be used on an as -needed basis. J. Consideration and possible action to enter into a Professional Services Agreement with Interwest Consulting Group to provide Building & Safety consulting services City Council Minutes Adjourned Regular Meeting August 1, 2017 Page 5 of 10 This item was removed from the Consent Calendar for separate consideration. K. Consideration and possible action to execute an agreement with Peckham & McKenney, Inc. for recruitment services Approved execution of an agreement with Peckham & McKenney, Inc. in the amount of $51,000 for recruitment services for two Senior Engineers and one Senior Planner. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: None. PUBLIC HEARINGS: 1. Consideration and possible action to introduce an ordinance amending Rancho Palos Verdes Municipal Code Sections 15.20.040 (Exceptions), 15.20.050 (Landslide Mitigation Measures Required) and 15.20.060 (Application) to establish Landslide Moratorium Exception Category U for residential development on 48 Cinnamon Lane (Case No. ZON2017-00157) City Clerk Colborn reported that notice of the public hearing was duly published, there were no written protests received, late correspondence was received and distributed before the meeting and there were two requests to speak on this item. Deputy Director of Community Development Kim presented a brief staff report. Mayor Campbell declared the public hearing open; the following people spoke: Cassie Jones, expressed her concerns with the adoption of the new Exception Category U. Additionally, Ms. Jones echoed statements she submitted in an email that was included as Late Correspondence. Bob Nelson, Planning Commissioner informed the Council that the Commission took under consideration all the elements involving the matter and voted in favor of the applicant. Mayor Campbell declared the public hearing closed. Discussion ensued among Council Members and Staff. City Attorney Aleshire advised the Council that the applicant is required to give up development rights to one of the two lots owned. Ordinance No. 597 further explains the conditions set forth in the Settlement Agreement reserving the right to the property owner to develop the lot. Councilman Misetich moved, seconded by Councilwoman Brooks, to introduce Ordinance No. 597, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING SECTIONS 15.20.040, 15.20.050 AND 15.20.060 OF THE RANCHO City Council Minutes Adjourned Regular Meeting August 1, 2017 Page 6 of 10 PALOS VERDES MUNICIPAL CODE TO ESTABLISH LANDSLIDE MORATORIUM EXCEPTION CATEGORY "U" TO ALLOW RESIDENTIAL DEVELOPMENT ON 48 CINNAMON LANE TO PERMIT IMPLEMENTATION OF THE TERMS OF A CERTAIN SETTLEMENT AGREEMENT (CASE NO. ZON2017-00157). The motion passed on the following roll call vote: AYES: Brooks, Dyda, Misetich, Duhovic and Mayor Campbell NOES: None ABSENT: None REGULAR BUSINESS: 2. Presentation by the U.S. Secret Service Regarding Government Agency Workplace Safety This item was canceled. 3. Consideration and possible action to adopt a resolution authorizing examination of sales, use and transaction tax records; and award a contract for sales, use and transaction tax reporting and consulting to Hinderliter, de Llamas & Associates City Clerk Colborn reported that late correspondence was received and distributed before the meeting and that there were no requests to speak regarding this item. Finance Director Cullen presented a staff report and introduced Lloyd de Llamas, Executive Chairman for HdL. Discussion ensued among Council Members and Staff. Councilman Misetich moved, seconded by Councilwoman Brooks, to amend the agreement as discussed and bring back for consideration: Exhibit A, Section B, Subparagraph (i), remove Field Surveys section; Exhibit B, Section 1.8, remove the sentence: "Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer."; and, remove the word "greater" from the section so that any increase, irrespective of dollar amount, must be approved by the City Council. The motion passed on the following roll call vote: AYES: Brooks, Dyda, Misetich, Duhovic and Mayor Campbell NOES: None ABSENT: None City Council Minutes Adjourned Regular Meeting August 1, 2017 Page 7 of 10 Mayor Campbell called for a brief recess at 9:09 P.M. The meeting reconvened at 9:25 P.M. 4. Consideration and possible action to review and approve the Ladera Linda Park Master Plan City Clerk Colborn reported that late correspondence was received and distributed before the meeting and there were ten requests to speak regarding this item. Senior Administrative Analyst Waters presented a staff report and PowerPoint presentation. Gene Dewey, spoke in favor of the design presented and cautioned the Council that potential parking issues, view issues, and security issues may need to be addressed as the project progresses. Herb Stark, commended Staff and the Design Consultant for their work on the proposed design. Mr. Stark expressed concerns with the size of the building design being too large and recommended that the Discovery Museum be eliminated from the design since the use is very minimal. In addition, Mr. Stark urged the Council and Staff to address issues with traffic, security, and crime before the RFP is issued. Susan Wilcox, suggested two small rooms for a day care and senior center stating that the two amenities would benefit the community without being too disruptive. Ms. Wilcox also thanked the City Council for their wiliness to compromise with the residence on the Master Plan design. Tom Smith, echoed comments submitted by Mr. Mickey Rodich (which were included as Late Correspondence). Mr. Smith expressed concern with recent home burglaries in the Ladera Linda area. He also asked if a parking and traffic study would be conducted as part of the Master Plan process. Mr. Smith requested the lower field at Ladera Linda be watered. Jim Hevener, Mediterranea HOA Boardmember spoke in support of the design presented and requested that additional amenities be added to other locations in the community since it was not possible to add them to the Ladera Linda site. Jessica Vlaco, spoke in opposition of the design presented and stated the design as presented could potentially impact her negatively since she lives directly across the street from the site. Carolyn Petru, commended Staff and the Council for their work on the project and spoke regarding the need for a community park with amenities. City Council Minutes Adjourned Regular Meeting August 1, 2017 Page 8 of 10 Amanda Wong, informed the City Council that she lives across the street from the park and that her home was recently burglarized. Ms. Wong spoke in opposition of the design presented and spoke regarding the concerns she had with the current design. Mayor Pro Tem Duhovic moved to extend the meeting to 11:00 P.M. Sandra Valeri, spoke in support of the design presented; however, expressed concern with amount of parking spaces available and suggested that a traffic and crime study be conducted as part of the Master Plan. Discussion ensued among Council Members and Staff. Councilwoman Brooks moved, seconded by Mayor Pro Tem Duhovic, to direct Staff to return with an expanded consultant scope to consider traffic, parking, usage, crime/security issues, and to perform additional public outreach. The motion passed on the following roll call vote: AYES: Brooks, Dyda, Misetich, Duhovic and Mayor Campbell NOES: None ABSENT: None Mayor Pro Tem Duhovic moved to extend the meeting to 11:30 P.M. Mayor Pro Tem Duhovic moved, seconded by Mayor Campbell, to continue Item No. 5 and Item J to the August 15, 2017 City Council meeting. The motion passed on the following roll call vote: AYES: Brooks, Dyda, Misetich, Duhovic and Mayor Campbell NOES: None ABSENT: None 5. Consideration and possible action to appoint a Council Member as the second Voting Delegate -Alternate for the League of California Cities Annual Business Meeting to be held on Friday, September 15, 2017 This item was moved to the August 15, 2017, City Council meeting. CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER: J. Consideration and possible action to enter into a Professional Services Agreement with Interwest Consulting Group to provide Building & Safety consulting services. This item was moved to the August 15, 2017, City Council meeting. City Council Minutes Adjourned Regular Meeting August 1, 2017 Page 9 of 10 FUTURE AGENDA ITEMS: Councilman Misetich requested the following as future agenda items: City Attorney to present Council, during a Closed Session, legal options including legal action to the Superior Court on SB -649 Wireless Telecommunications Facilities and Accessory Dwelling Units (ADU) requirements. Mayor Pro Tem Duhovic requested the following as future agenda items: Staff to verify that the cell towers being installed in the city on the border of Palos Verdes Estates are for the intention of servicing Rancho Palos Verdes residents and not being used to service neighboring cities; set a start date for CUP cost recovery efforts; inquired about the regulations for demonstrators at Trump National Golf Course at the southeast corner of the property; questioned enforcement and if a conditional use permit needed; requested that a Sheriff's representative be in attendance at all Council meetings. Councilwoman Brooks requested the following as future agenda items: City Attorney memo addressing rules on Conflict of Interest and recusals on agenda items. CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. ADJOURNMENT: At 11:50 P.M., Mayor Campbell adjourned the meeting. Attest: /s/Emily Colborn City Clerk /s/Brian Campbell Mayor City Council Minutes Adjourned Regular Meeting August 1, 2017 Page 10 of 10