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CC DM 20171003 B - 20170905 CC MINUTES DRAFTDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING SEPTEMBER 5, 2017 CALL TO ORDER: A regular meeting of the Rancho Palos Verdes City Council for the purpose of a Closed Session was called to order by Mayor Campbell at 6:06 P.M. at Fred Hesse Community Park, McTaggart Hall, 29301 Hawthorne Boulevard. City Council roll call was answered as follows: PRESENT: *Brooks, Misetich, Duhovic, and Mayor Campbell ABSENT: Dyda (Excused, arrived at 6:35 P.M.) Also present were Doug Willmore, City Manager; Dave Aleshire, City Attorney; Gabriella Yap, Deputy City Manager; Ara Mihranian, Director of Community Development, Teresa Takaoka, Deputy City Clerk, and Emily Colborn, City Clerk. *City Clerk Colborn announced that Councilwoman Brooks was participating via teleconference from a remote location. PUBLIC COMMENTS: City Clerk Colborn announced 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. INITIATION OF LITIGATION (Green Hills Memorial Park) GC 54956.9(d)(4) Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation against Green Hills Memorial Park regarding indemnification for litigation in the following cases: Sharon Loveys vs. City of Rancho Palos Verdes, et al., Los Angeles Superior Court. Case No. BS166493; Sharon Loveys, et al. vs. City of Rancho Palos Verdes, et al., Los Angeles Superior Court. Case No. BS160652; Sharon Loveys, et al. vs. City of Rancho Palos Verdes, et al., Los Angeles Superior Court. Case No. BC629637 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION GC 54957(b) Title: City Manager RECESS TO CLOSED SESSION (FIRESIDE ROOM): At 6:08 P.M., the Council recessed to Closed Session. ADJOURN TO REGULAR MEETING (MCTAGGART HALL): At 7:39 P.M. the meeting was adjourned to the Regular meeting. REGULAR MEETING CALL TO ORDER: A Regular meeting of the Rancho Palos Verdes City Council was called to order by Mayor Campbell at 7:39 P.M. at Fred Hesse Community Park, McTaggart Hall, 29301 Hawthorne Boulevard. City Council roll call was answered as follows: PRESENT: *Brooks, Dyda, Misetich, Duhovic, and Mayor Campbell ABSENT: None *City Clerk Colborn announced that Councilwoman Brooks was participating via teleconference from a remote location. Also present were Doug Willmore, City Manager; Gabriella Yap, Deputy City Manager; David Aleshire, City Attorney; Ara Mihranian, Director of Community Development; Terry Rodrigue, Interim Director of Public Works; Cory Linder, Director of Recreation and Parks; Trang Nguyen, Deputy Director of Finance; Nicole Jules, Deputy Director of Public Works; Natalie Chan, PE, Associate Engineer; Charles Eder, PE, Associate Engineer; Tom DeFazio, Interim Building Official; and Emily Colborn, City Clerk. DRAFT - City Council Minutes Regular Meeting September 5, 2017 Page 2 of 9 Also present was Captain Beringer, Lomita Station, Los Angeles County Sheriff's Department. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tem Duhovic. CLOSED SESSION REPORT: City Attorney Aleshire reported that all Closed Session were discussed with no reportable action taken. MAYOR'S ANNOUNCEMENTS: None. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Campbell announced Recyclers of the Month from the August 1, 2017, and August 15, 2017, City Council meetings: Michael Jones, Helen Chen, Charles N. Tobiasek and Vincent Grant. 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 four individuals also won a Personal Emergency Preparedness Kit from the City valued at $60.00. APPROVAL OF THE AGENDA: Councilman Misetich moved, seconded by Councilman Dyda, to approve the agenda as presented. 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 were three requests to speak. Dr. Forouzan Goldhani, Dean, CSLB College of Engineering and Sarah Robarts, invited all to a Spiritual Assembly of the Bahais of Rancho Palos Verdes celebration on October 22, 2017, at Ken Miller Auditorium in Torrance. Matthew Vitalich, spoke in regards to California Senate Bill 231 (sewer maintenance fees). DRAFT - City Council Minutes Regular Meeting September 5, 2017 Page 3 of 9 Mickey Rodich, Ladera Linda HOA, expressed interest in installing an ALPR camera on Forrestal Drive. CITY MANAGER REPORT: City Manager Willmore announced the following: National Preparedness Month; 2017 Shake Out Event on October 19, 2017, at 10:19 A.M.; Emergency Preparedness Committee vacancy; FY 2017-18 Budget in Brief brochure; and public review period of Butcher -Solana Residential Project in Torrance invited residence to submit comments during this period. CONSENT CALENDAR: City Clerk Colborn reported that late correspondence was distributed prior to the meeting regarding item G and there was one request to speak on item I. Misetich moved, seconded by Mayor Pro Tem Duhovic, to approve the Consent Calendar with item I removed and to be heard immediately after the Consent Calendar. 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 April 10, 2017, Budget Workshop; June 20, 2017, Adjourned Regular Meeting; July 18, 2017, Regular City Council Meeting. C. Register of Demands Adopted Resolution No. 2017-52, 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 approve the FY17-18 work plan for the Infrastructure Management Advisory Committee Approved the FY17-18 IMAC work plan. DRAFT - City Council Minutes Regular Meeting September 5, 2017 Page 4 of 9 E. Consideration and possible action to oppose (unless amended) Senate Bill No. 35 regarding streamlined permitting of multifamily housing Authorized the Mayor to sign a letter to the State Legislature in opposition (unless amended) to Senate Bill No. 35 (SB 35) regarding streamlined permitting of multifamily housing. F. Consideration and possible action to extend the Agreement with Portuguese Bend Cooperative Nursery School for use of the Beach School Property Renewed the agreement with Portuguese Bend Cooperative Nursery School for use of the Beach School Property for a further three (3) years (September 1, 2017, to June 30, 2020). G. Consideration and possible action to award a professional services agreement to Digiscura LLC to complete final design for two internal exhibits at the Point Vicente Interpretive Center Awarded a Professional Services Agreement to Digiscura LLC, in a form approved by the City Attorney, to complete final design for two internal exhibits at the Point Vicente Interpretive Center for the not -to -exceed amount of $67,000. H. Consideration and possible action to award on-call professional services for Project Management and/or Design Services to: Alta Planning + Design, BKF Engineers, Fugro USA Land, Inc., Group Delta Consultants, Hamilton and Associates, Nobel Systems, Twining, Inc., Sunbeam Consulting, Inc. and Willdan (1) Awarded contracts for on-call professional services for Project Management and/or Design Services to: Alta Planning + Design, BKF Engineers, Fugro USA Land, Inc., Group Delta Consultants, Hamilton and Associates, Nobel Systems, Twining, Inc., Sunbeam Consulting, Inc., and Willdan Group; (2) Authorized the expenditure of up to $60,000 to the first 7 consultants in recommendation No. 1, and $100,000 each to Sunbeam Consulting, Inc. and Willdan Group, in FY17-18, FY18-19, and FY19-20, with a not -to - exceed amount of $25,000 for any single project; (3)Authorized the Mayor and City Clerk to execute the agreements, subject to approval as to form by the City Attorney. I. Consideration and possible action to authorize a project budget increase for the Storm Drain Point Repair Project This item was removed from the Consent Calendar for separate consideration. J. Consideration and possible action regarding the July 2017 Cash Balances/Monthly Treasurer's Report Received and filed the July 2017 Cash Balances/Monthly Treasurer's Report. DRAFT - City Council Minutes Regular Meeting September 5, 2017 Page 5 of 9 CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: I. Consideration and possible action to authorize a project budget increase for the Storm Drain Point Repair Project City Clerk Colborn introduced the item by title and reported that there was one request to speak. Charles Eder, Associate Engineer presented a staff report Mickey Rodich, was opposed to a project budget increase. Discussion ensued among Council Members and Staff. Councilman Dyda moved, seconded by Mayor Pro Tem Duhovic, to authorize the Director of Public Works to execute a $32,250 change order to Interwest Consulting Group without increasing the project budget, in which case funds for the additional design work would be charged against the project contingency. The motion passed on the following roll call vote: AYES: Brooks, Dyda, Misetich, Duhovic, and Mayor Campbell NOES: None ABSENT: None PUBLIC HEARINGS: None. REGULAR BUSINESS: 1. Consideration and possible action to receive a presentation on the upcoming Palos Verdes Peninsula Water Reliability Project from California Water Service (CalWater) This item was postponed to the September 19, 2017, City Council meeting. 2. Presentation by Los Angeles County Sheriff's Department regarding AB109 (Early Release Program) City Clerk Colborn introduced the item by title and reported that there were no requests to speak. Commander Keith Swensson, Los Angeles County Sheriff's Department, presented a PowerPoint presentation. Discussion ensued among Council Members and Staff. DRAFT - City Council Minutes Regular Meeting September 5, 2017 Page 6 of 9 Councilman Brooks moved, seconded by Mayor Pro Tem Duhovic, to receive and file the presentation. The motion passed on the following roll call vote: AYES: Brooks, Dyda, Misetich, Duhovic, and Mayor Campbell NOES: None ABSENT: None Mayor Campbell called for a brief recess at 8:56 P.M. The meeting reconvened at 9:05 P.M. Mayor Pro Tem Duhovic moved, seconded by Councilman Misetich, to hear item #4 before item #3. The motion passed on the following roll call vote: AYES: Brooks, Dyda, Misetich, Duhovic, and Mayor Campbell NOES: None ABSENT: None Mayor Campbell moved to item #4. 4. Consideration and possible action to introduce the proposed ordinance ratifying and adopting the Los Angeles County Fire Protection District Fire Code along with its more restrictive building standards City Clerk Colborn introduced the item by title and reported that there were no requests to speak. Tom DeFazio, Interim Building Official presented a staff report and introduced LAoFD Battalion Chief Richard Stillwagon who gave an overview of the Fire Code. Cory Bradbury, CalWater, briefly spoke and answered questions regarding CalWater's 100 - year plan to replace the water lines in the City. Discussion ensued among Council Members and Staff. Councilman Dyda moved, seconded by Councilwoman Brooks, to introduce Ordinance No. 598, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING BY REFERENCE TITLE 32, ENTITLED "FIRE CODE" OF THE LOS ANGELES COUNTY CODE FOR THE CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY, WHICH IN TURN ADOPTS BY REFERENCE, WITH CERTAIN CHANGES AND AMENDMENTS, THE 2016 EDITION OF THE CALIFORNIA FIRE CODE AND THE 2015 EDITION OF THE CALIFORNIA FIRE CODE AND THE 2015 EDITION OF THE INTERNATIONAL FIRE CODE, AND RATIFYING THE MORE RESTRICTIVE BUILDING STANDARDS CONTAINED IN TITLE 32, AND DRAFT - City Council Minutes Regular Meeting September 5, 2017 Page 7 of 9 DELEGATING ENFORCEMENT OF THE FIRE CODE IN THE CITY TO THE FIRE CHIEF. The motion passed on the following roll call vote: AYES: Brooks, Dyda, Misetich, Duhovic, and Mayor Campbell NOES: None ABSENT: None Mayor Campbell moved to item #3. 3. Consideration and possible action to introduce an ordinance amending Rancho Palos Verdes Municipal Code Chapter 12.04 (Highway Permits) City Clerk Colborn introduced the item by title and reported that there was one request to speak. Nicole Jules, Deputy Director of Public Works, presented a staff report and PowerPoint presentation. Discussion ensued among Council Members and Staff. Mickey Rodich, withdrew his request to speak since his questions were answered during Council discussion. Mayor Campbell moved, seconded by Mayor Pro Tem Duhovic, to introduce Ordinance No. 599, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 12.04 (HIGHWAY PERMITS) OF TITLE 12 OF THE CITY'S MUNICIPAL CODE as amended to modify Section 12.04.045 (B) (2) Name, address, and telephone number of the applicant to also include the name of the property owner and delete Section 12.04.045 (B) (9) Documentation of tested material. The motion passed on the following roll call vote: AYES: Brooks, Dyda, Misetich, Duhovic, and Mayor Campbell NOES: None ABSENT: None CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER: 0L''m FUTURE AGENDA ITEMS: At the request of Council, a letter of thanks to Supervisor Janice Hahn for additional funding for the Palos Verdes Peninsula Transit Authority (PVPTA) will be presented to Council to authorize the Mayor to sign and send. DRAFT - City Council Minutes Regular Meeting September 5, 2017 Page 8 of 9 CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. ADJOURNMENT: At 10:15 P.M., Mayor Campbell adjourned to 5:30 P.M. on September 19, 2017, for a Closed Session meeting and Study Session and 7:00 P.M. for a Regular meeting. Attest: City Clerk Mayor DRAFT - City Council Minutes Regular Meeting September 5, 2017 Page 9 of 9