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CC DM 20171017 B - 20170919 CC MTG MINS DRAFTDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL ADJOURNED REGULAR MEETING SEPTEMBER 19, 2017 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 Councilman Misetich at 5:37 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 ABSENT: *Duhovic (excused) and *Mayor Campbell (excused) Also present were Doug Willmore, City Manager; Dave Aleshire, City Attorney; Gabriella Yap, Deputy City Manager; and Emily Colborn, City Clerk. *Mayor Campbell arrived at 5:42 P.M. and Mayor Pro Tem Duhovic arrived at 6:50 P.M. PUBLIC COMMENTS: 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. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION GC 54956.9 (d)(1) One Case: California River Watch v. City of Rancho Palos Verdes, United States District Court for the Central District of California, Case No. 2:17-cv-05718-AS. 2. 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. 3. POTENTIAL LITIGATION AGAINST THE CITY GC 54956.9(d)(2) and (e)(1) 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, but which the local agency believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed. 4. INITIATION OF LITIGATION BY THE CITY 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. 5. INITIATION OF LITIGATION BY THE CITY 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. Four potential cases RECESS TO CLOSED SESSION (FIRESIDE ROOM): At 5:42 P.M., the Council recessed to Closed Session. ADJOURN TO SPECIAL MEETING — INTERVIEWS At 7:14 P.M., the Council adjourned to a Special meeting to conduct Civic Center Advisory Committee Chair interviews. RECONVENE TO STUDY SESSION: At 7:29 P.M., the Council reconvened the meeting for a Study Session. Due to the time, Councilwoman Brooks moved, seconded by Councilman Dyda, to waive the Study Session. The motion passed on the following roll call vote: AYES: Brooks, Dyda, Misetich, Duhovic, and Mayor Campbell NOES: None ABSENT: None DRAFT - City Council Minutes Adjourned Regular Meeting September 19, 2017 Page 2 of 10 ADJOURN TO REGULAR MEETING: At 7:31 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 7:31 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; David Aleshire, City Attorney; Trang Nguyen, Deputy Director of Finance; Ara Mihranian, Director of Community Development; Tom DeFazio, Interim Building Official; Julie Peterson, Code Enforcement Officer; Terry Rodrigue, Interim Public Works Director; Ron Dragoo, Principal Civil Engineer; Natalie Chan, PE, Associate Engineer; Cory Linder, Director of Recreation and Parks; Matt Waters, Senior Administrative Analyst; and Emily Colborn, 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 Tyler from Boy Scout Troop 276. CLOSED SESSION REPORT: City Attorney Aleshire reported that with regards to item #1 (River Watch), the matter was discussed and a settlement has been reached and will be presented to Council for approval at the October 3, 2017, City Council meeting; items #2, #3, #4, and #5, matters were discussed with no reportable action taken. MAYOR'S ANNOUNCEMENTS: Mayor Campbell presented Ms. Gail Lovrich with a Tile from the City acknowledging her service to the community. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Campbell announced Recyclers of the Month from the September 5, 2017, City Council meeting: Joanne Campman and Marilyn Long. He indicated that all winners DRAFT - City Council Minutes Adjourned Regular Meeting September 19, 2017 Page 3 of 10 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 Dyda, to modify the order of the agenda as follows: items #5, #4, and #3 will be heard before item #1. Item #6 was postponed to a future meeting within the next six weeks. 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 two requests to speak. Mickey Rodich, inquired on the status of the project to synchronize the street lights along Hawthorne Boulevard and the installation of fiber optic cable on Hawthorne Blvd to improve television reception particularly the City Council meetings. John Jensen, recommended that landscapers display their business license or permit visibly on their vehicles. CITY MANAGER REPORT: City Manager Willmore announced the following: The Ring.com security product discount program will continue to run from September 11, 2017, through November 9, 2017 or until funding is no longer available; the City Council will be discussing and reviewing the draft Natural Communities Conservation Plan (NCCP) at a public meeting on Monday, October 2, at 6 P.M.; and Abalone Cove Park Volunteer Day on Sunday, September 24, 2017, 9:00 A.M. -12:00 P.M. CONSENT CALENDAR: Mayor Pro Tem Duhovic moved, seconded by Councilmember Misetich, to approve the Consent Calendar as presented. The motion passed on the following roll call vote: AYES: Brooks, Misetich, Dyda, Duhovic, and Mayor Campbell NOES: None ABSENT: None DRAFT - City Council Minutes Adjourned Regular Meeting September 19, 2017 Page 4 of 10 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 August 1, 2017, City Council meeting. C. Register of Demands Adopted Resolution No. 2017-53, 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 authorize the Mayor to sign a letter of thanks to Supervisor Janice Hahn for additional funding for the Palos Verdes Peninsula Transit Authority (PVPTA) Authorized the Mayor to sign the letter to Supervisor Hahn. E. Consideration and possible action to award a Professional Services Agreement to McGee Surveying Consulting to perform precision surveying in the landslide area. 1) Awarded a contract to Michael R. McGee, PLS, d/b/a McGee Surveying Consulting, in the amount of $59,070 to perform GPS surveys of all existing points within the Portuguese Bend/Abalone Cove/Klondike Canyon Landslide areas and to prepare the associated report; and, 2) Authorized the expenditure of up to $4,000 as a project contingency in the event additional work is identified during the field surveys and is determined to be required by the Director of Public Works. F. Consideration and possible action to award a construction contract for the Residential Street Rehabilitation Project, Area 7 - Phase II to American Asphalt South, and award a Professional Services Agreements to Interwest and Sunbeam for inspection services and community outreach respectively. 1) Approved the plans and specifications for Area 7, Phase 11, Project No. 004917, which are on file in the Department of Public Works; 2) Awarded a construction contract to American Asphalt South, Inc. (American Asphalt South) in the not -to -exceed amount of $1,404,458.64; 3) Authorized Staff to utilize an additional 10% ($140,445.36) to be used as a project contingency in the event additional work is identified; 4) Awarded a Professional Services Agreement to Interwest Consulting Group (Interwest) for Inspection Services in the amount of $81,240; 5) Awarded a Professional Services Agreement to Sunbeam Consulting (Sunbeam) for Community Outreach/ Resident Liasion/Utility Coordination (Community Outreach) Services in the amount of $48,800; DRAFT - City Council Minutes Adjourned Regular Meeting September 19, 2017 Page 5 of 10 6) Authorized the Mayor and City Clerk to execute Agreements with American Asphalt South, Inc., Interwest Consulting Group, and Sunbeam Consulting; subject to approval as to form by the City Attorney. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: None. Per the re -order of the agenda, Mayor Campbell moved to item #5. REGULAR BUSINESS: 5. Consideration and possible action to appoint Chair to the Civic Center Advisory Committee (CCAC). City Clerk Colborn introduced the item by title and reported there were no requests to speak regarding this item. A voice vote was conducted. Bill Gerstner received five votes for Chair and Noel Park received five votes for Vice Chair. Councilman Dyda moved, seconded by Councilwoman Brooks, to appoint Bill Gerstner as Chair and Noel Park as Vice Chair of the Civic Center Advisory Committee. The motion passed on the following roll call vote: AYES: Brooks, Dyda, Misetich, Duhovic and Mayor Campbell NOES: None ABSENT: None Per the re -order of the agenda, Mayor Campbell moved to item #4. 4. Consideration and possible action to receive and file a report on Peninsula - wide measures to address coyote issues. City Clerk Colborn introduced the item by title, reported that late correspondence was received and distributed before the meeting, and that there were four requests to speak regarding this item. Julie Peterson, Code Enforcement Officer, presented a staff report and PowerPoint presentation. Noel Park, spoke in favor of the City's Coyote Management Plan and opposed any trapping and/or killing of coyotes. Wendy Ytterboe, urged Council for a proactive abatement program to protect residents and pets. DRAFT - City Council Minutes Adjourned Regular Meeting September 19, 2017 Page 6 of 10 Jessica Vlaco, spoke about increased sightings of coyotes and an incident involving her dog being attacked in front of her home. Janet Schoenfeld, expressed gratitude to the Council for their efforts on seeking a solution and urged residents to be more aware and proactive in reporting sightings. Discussion ensued among Council Members and Staff. Mayor Pro Tem Duhovic moved, seconded by Councilwoman Brooks, to receive and file a report on measures that Peninsula cities are implementing to address coyote issues and how they relate to the City's measures. 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 8:48 P.M. The meeting reconvened at 9:04 P.M. Per the re -order of the agenda, Mayor Campbell moved to item #3. 3. Consideration and possible action to review and approve a proposal for extra services for preliminary design development of the Ladera Linda Park Master Plan. City Clerk Colborn introduced the item by title, reported that late correspondence was received and distributed before the meeting, and that there were three requests to speak. Matt Waters, Senior Administrative Analyst presented a staff report and PowerPoint presentation. Mickey Rodich, expressed his concerns and suggested that the proposal not be approved. Jessica Vlaco, commended staff for their work on the plan and inquired about the regulations for compliance for the ADA entrance being proposed at the park and the usage overlay of facilities. Jim Hevener, spoke in support of redeveloping Ladera Linda Park and endorsed the A-1 proposal. Mr. Hevener reminded the Council of the compromise made for a community pool and gymnasium and hopes that it is not overlooked in the process. DRAFT - City Council Minutes Adjourned Regular Meeting September 19, 2017 Page 7 of 10 Discussion ensued among Council Members and Staff. Mayor Pro Tem Duhovic moved, seconded by Councilwoman Brooks, to approve the proposal for extra services for preliminary design development from Richard Fisher and Associates (RFA) for the Ladera Linda Park Master Plan as amended to include a Phase 1 soil study. The motion passed on the following roll call vote: AYES: Brooks, Dyda, Misetich, Duhovic and Mayor Campbell NOES: None ABSENT: None With no objections, at 9:37 P.M. Councilwoman Brooks requested to be excused from the rest of the meeting. Mayor Campbell called for a brief recess at 9:37 P.M. The meeting reconvened at 9:40 P.M. Per the re -order of the agenda, Mayor Campbell moved to item #1. PUBLIC HEARINGS: 1. Consideration and possible action to adopt by reference more restrictive building standards of Title 32, entitled "Fire Code," of the Los Angeles County Code within the jurisdictional boundaries of the City. City Clerk Colborn introduced the item by title and reported that notice of the public hearing was duly published, there were no written protests received, and there were no requests to speak. Mayor Campbell moved to waive the staff report. Without objection, Mayor Campbell so ordered. Mayor Campbell declared the public hearing open; with no requests to speak, Mayor Campbell declared the public hearing closed. Discussion ensued among Council Members and Staff. Councilman Misetich moved, seconded by Mayor Pro Tem Duhovic, to adopt 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 INTERNATIONAL FIRE CODE, AND DRAFT - City Council Minutes Adjourned Regular Meeting September 19, 2017 Page 8 of 10 RATIFYING THE MORE RESTRICTIVE BUILDING STANDARDS CONTAINED IN TITLE 32, AND DELEGATING ENFORCEMENT OF THE FIRE CODE IN THE CITY TO THE FIRE CHIEF. The motion passed on the following roll call vote: AYES: Dyda, Misetich, Duhovic and Mayor Campbell NOES: None ABSENT: Brooks REGULAR BUSINESS: 2. Consideration and possible action to receive a presentation on the upcoming Palos Verdes Peninsula Water Reliability Project from California Water Service (CalWater). City Clerk Colborn introduced the item by title and reported that there was one request to speak regarding this item. Natalie Chan, Associate Engineer, presented a staff report and introduced John Gollazo, CalWater representative who gave a presentation and answered questions from the City Council and public. Lowell Wedemeyer, stated there's an issue of soil failure beneath the Cal Water supply main along Burma Road Trail, at Paintbrush Canyon, Portuguese Bend Nature Reserve and requested that Cal Water be asked to address how they are maintaining this supply line through the landslide vicinity, and what plans they have to reduce the vulnerability of this supply line to soil failure and earthquake. Discussion ensued among Council Members and Staff. Councilman Misetich moved, seconded by Mayor Pro Tem Duhovic, to receive the presentation from CalWater regarding the Palos Verdes Peninsula Water Reliability Project. The motion passed on the following roll call vote: AYES: Dyda, Misetich, Duhovic and Mayor Campbell NOES: None ABSENT: Brooks 6. Consideration and possible action to explore options to expand programming for RPVty This item was postponed to a future meeting. DRAFT - City Council Minutes Adjourned Regular Meeting September 19, 2017 Page 9 of 10 7. Consideration and possible action to receive and file a memorandum from the City Attorney regarding the City of Rancho Palos Verdes' and California's parliamentary conflict of interest law and recusal procedure. City Clerk Colborn introduced the item by title and reported that there were no requests to speak. Mayor Pro Tem Duhovic moved, seconded by Councilman Misetich, to postpone the item to the October 3, 2017, City Council meeting. The motion passed on the following roll call vote: AYES: Dyda, Misetich, Duhovic and Mayor Campbell NOES: None ABSENT: Brooks CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER: None. FUTURE AGENDA ITEMS: Councilmember Dyda requested: reformatting City ordinances to include a statement of intent/objective and revising the IMAC and EPC work plans to include the Portuguese Bend Landslide and sewer lines disaster prevention. CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. Mayor Pro Tem Duhovic moved to extend the meeting to 10:25 P.M. Without objection, Mayor Campbell so ordered. Mayor Campbell wished Roberta Weaver a happy 101 birthday. ADJOURNMENT: At 10:29 P.M., Mayor Campbell adjourned to 6:00 P.M. on October 2, 2017, for an Adjourned Regular meeting to discuss the Natural Communities Conservation Plan (NCCP). Attest: /s/Emily Colborn City Clerk /s/Brian Campbell Mayor DRAFT - City Council Minutes Adjourned Regular Meeting September 19, 2017 Page 10 of 10