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CC MINS 20160816 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING AUGUST 16, 2016 The meeting was called to order at 6:06 P.M. by Mayor Dyda at Fred Hesse Community Park, 29301 Hawthorne Boulevard. City Council roll call was answered as follows: PRESENT: Brooks, Duhovic, Misetich, and Mayor Dyda ABSENT: Campbell (excused) Also present were Doug Willmore, City Manager; David Aleshire, City Attorney; Gabriella Yap, Deputy City Manager; Teresa Takaoka, Deputy City Clerk; and, Carla Morreale, City Clerk. CLOSED SESSION ITEMS ANNOUNCED: City Attorney Aleshire announced the item to be discussed in Closed Session. PUBLIC COMMENTS: (This section of the agenda is for audience comments regarding Closed Session items) None. RECESS TO CLOSED SESSION: At 6:07 P.M., the Council recessed to Closed Session. RECONVENE TO REGULAR SESSION: The meeting was reconvened to Regular Session at 7:04 P.M. ROLL CALL: City Council roll call was answered as follows: PRESENT: Brooks, Duhovic, Misetich, and Mayor Dyda ABSENT: *Campbell (excused) Mayor Pro Tem Campbell arrived at 7:15 P.M., prior to the start of the Closed Session Report. City Council Minutes August 16, 2016 Page 1 of 12 Also present were Doug Willmore, City Manager; David Aleshire, City Attorney; Gabriella Yap, Deputy City Manager; Michael Throne, Director of Public Works; Cory Linder, Director of Parks and Recreation; Deborah Cullen, Director of Finance; Ara Mihranian, Community Development Director; Nicole Jules, Deputy Director of Public Works; So Kim, Senior Planner; Octavio Silva, Associate Planner; Kit Fox, Senior Administrative Analyst; Mike Gibson, Senior Administrative Analyst; Teresa Takaoka, Deputy City Clerk; and Carla Morreale, City Clerk. Also present was Captain Dan Beringer, Lomita Station, Los Angeles County Sheriff's Department. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by City Clerk Morreale. CLOSED SESSION REPORT: City Attorney Aleshire reported on the following Closed Session item: With respect to the item regarding the Initiation of Litigation, no reportable action was taken. MAYOR'S ANNOUNCEMENTS: Mayor Dyda provided an overview of the accomplishments of City Clerk Morreale and thanked her for her 22 years of service to the City, presenting her with a City Tile. *Mayor Pro Tem Campbell arrived at 7:15 P.M. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Dyda announced Recyclers of the Month from the August 2, 2016 City Council meeting: M. Fuentes and Sunshine. He indicated that all winners receive a check for $250 and urged everyone to participate in the City's Recycling Program. APPROVAL OF THE AGENDA: Councilwoman Brooks moved, seconded by Councilman Misetich, to approve the agenda, as presented. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich, and Mayor Dyda NOES: None ABSENT: None STUDY SESSION: City Council Minutes August 16, 2016 Page 2 of 12 PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA FOR THE STUDY SESSION: None. DISCUSSION TOPICS: Review of Tentative Agendas and 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 Duhovic, to receive and file the Tentative Agendas and 2014 Council Goals and Priorities. Without objection, Mayor Dyda so ordered. PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda) City Clerk Morreale reported that there were 22* requests to speak regarding items not on the agenda. Noel Weiss, Rancho Palos Verdes, provided comments regarding a recent lawsuit he filed with the City on behalf of the Vista Verde homeowners and the City's unwillingness to pay for mediation. Dave Aleshire noted that the City has agreed to pay its share of mediation costs but Mr. Weiss and his clients have been reluctant to pay their share. Sharon Loveys, Rancho Palos Verdes, provided comments regarding recent activity at Pacific Terrace Mausoleum at Green Hills Memorial Park. Bernadette Sabath, Peninsula Verde resident, Rancho Palos Verdes, provided comments regarding the Conditional Use Permit regarding Green Hills, noting in particular the absence of noise ordinances which she believes should be included. Jonathan Frederick, spoke regarding safety along Crest Road and cyclists. Joan Davidson, Rancho Palos Verdes, commented on the soil issues and striping issues on the roads near Ladera Linda. *The additional 17 speakers had mistakenly selected Public Comments instead of Item H and were heard later in the evening. City Council Minutes August 16, 2016 Page 3 of 12 CITY MANAGER REPORT: City Manager Willmore reported on the addition of the Civil Grand Jury report to the City's website along with the terms and compensation paid to Committee members; the new street sweeping schedule; the new revenue and expenditure list available on the OpenGov page that allows residents to review budget to actuals; and Jury report attendance at the last Movie in the Park. CONSENT CALENDAR: City Clerk Morreale reported that there were 36 requests to speak regarding Item H (Consideration and Possible Action to Approve the FY 16-17 Work Plan for the Traffic Safety Committee). Councilwoman Brooks moved, seconded by Councilman Duhovic, to approve the Consent Calendar, with Item H (Consideration and Possible Action to Approve the FY 16-17 Work Plan for the Traffic Safety Committee) removed from and to be heard immediately after the Consent Calendar. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich, and Mayor Dyda NOES: None ABSENT: None 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 July 19, 2016, Regular Meeting. Register of Demands ADOPTED RESOLUTION NO. 2016-35, 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 Accept Gifts for Parks Accepted the Gifts for Parks donations and directed Staff to prepare donor letters of appreciation for the Mayor's signature. City Council Minutes August 16, 2016 Page 4 of 12 Consideration and Possible Action to Approve the First Amendment to the Agreement between the City of Rancho Palos Verdes and Ron's Maintenance, Inc. for Inspection and Cleaning of City Maintained Catch Basins 1) Approved the First Amendment to the Agreement between the City of Rancho Palos Verdes and Ron's Maintenance, Inc. for inspection and cleaning of City maintained catch basins; and, 2) Authorized the Mayor and City Clerk to execute the agreement with Ron's Maintenance, Inc. (RMI) for inspection and cleaning of City maintained catch basins and extend the term of the agreement to June 30, 2017. 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$56,420 to perform GPS surveys of all existing points within the Portuguese Bend/Abalone Cove/Klondike Canyon Landslide areas and to prepare the associated report; 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; and, 3) Authorized the Mayor and City Clerk to execute the agreement with Michael R. McGee, PLS, d/b/a McGee Surveying Consulting for GPS surveys and the associated report. Consideration and Possible Action to Award a Professional Services Agreement for Community Development Block Grant (CDBG) Administrative Services 1) Awarded a Professional Services Agreement (PSA) to MDG-LDM Associates, Inc. for Community Development Block Grant (CDBG) administrative services for FY 2016-17, with two one-year options to renew this Agreement in FY 2017-18 and FY 2018-19; and, 2) Authorized the Mayor and City Clerk to execute the agreement, subject to approval as to form by the City Attorney. Consideration and Possible Action to Approve the FY 16-17 Work Plan for the Traffic Safety Committee This item was removed from the Consent Calendar for separate consideration. Consideration and Possible Action to Reaffirm the Appointment of the City's Current Representative on the Greater Los Angeles County West Vector Control District Board for a Two-year Term ending December 31, 2018 Reaffirmed the appointment of the City's current representative, Elizabeth Sala, on the Greater Los Angeles County Vector Control District Board. City Council Minutes August 16, 2016 Page 5 of 12 # # # # # # ITEM(S) REMOVED FROM THE CONSENT CALENDAR: Consideration and Possible Action to Approve the FY 16-17 Work Plan for the Traffic Safety Committee Deputy Director of Public Works Jules provided a brief staff report regarding this item. Thelma, Rancho Palos Verdes; Sharon Jang, Rancho Palos Verdes; and, Naomi, Rancho Palos Verdes commented on bicycle safety and permits for large events featuring large groups of cyclists. Ron Brandt, Rancho Palos Verdes, commented on Big Orange Cycling and its representative David Kramer who is a Traffic Safety Committee member. Ruby Chon, Rancho Palos Verdes; Kathy Campbell, Rancho Palos Verdes; and, Frank Artenello, Rancho Palos Verdes commented on bicycle safety; potential liability to the City and traffic safety issues. John Cruikshank, Rancho Palos Verdes, commented on the increase of cyclists taking over the roadway and creating dangerous conditions. Barraclough; Greg Seyranian; Spivey; and, Davidson commented on the safety of cyclists using Crest Road; their support of the Traffic Safety Plan and the need for the community to work together. Craig Eggers, Playa del Rey; Fox; discussed safety and cycling policies and the desire to share the roadway and work together. RECESS AND RECONVENE: Mayor Dyda called a brief recess from 8:31 P.M. to 8:42 P.M. Tom Duong; Joseph Cooney; and, Gary Cziko commented on the cycling issues facing the community; outreach programs; unlawfulness of banning cycling on roadways; and, support of the Traffic Safety Workplan. Cherine Medawar, Rancho Palos Verdes commented on the FAA and the unsafe grade of Crest Road for cyclists. Patrick Noll; Harold Martinez; and, Allyson Vought commented on the safety classes that are available to cyclists; the speed limits along Crest and Hawthorne; and overall roadway safety and courtesy. City Council Minutes August 16, 2016 Page 6 of 12 Julian Katz, Hermosa Beach, commented on his experience working with cities to develop a seven City Bike Master Plan. He suggests all four cities on the Peninsula prepare a bike master plan with grant funding that is available. Kevin Nix, Geoffrey Loni, Jonathan Phillips, and John Wike commented on roadway safety; the need for community outreach and education; their gratitude to law enforcement and the joys of cycling. J. Marvin Campbell; Victor Cooper; and, Jose Godinez spoke in favor of the workplan; the need for continued education for drivers and cyclists; and the need to commission a study regarding the safety of the roadway. Bruce Wyrwitzke, Rancho Palos Verdes, commented on the workplan; the unsafe driving habits of parents dropping off their children at school; and, the need for courtesy among drivers and cyclists. Discussion ensued among Council Members and staff. Councilwoman Brooks moved, seconded by Councilman Misetich to approve the FY16- 17 Work Plan for the Traffic Safety Committee; to explore the creation and implementation of a bicycle safety plan; to inquire with the street sweepers about cleaning the gravel out of the roadway; and to consider working with other peninsula cities on the Master Plan. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich, and Mayor Dyda NOES: None PUBLIC HEARINGS: *A brief discussion ensued between Councilwoman Brooks and Mayor Dyda; by affirmation the City Council shall consider Item 3 immediately after Item 1. Consideration and Possible Action to Approve Revision "EEE" to the Trump National Golf Course Project City Clerk Morreale reported that notice of the public hearing was duly published, no written protests received, late correspondence was distributed prior to the meeting and there were no requests to speak regarding this item. Councilman Duhovic recused himself from the discussion and left the dais at 9:29 P.M. Mayor Dyda opened the public hearing, there being no speakers or discussion, the public hearing was closed. City Council Minutes August 16, 2016 Page 7 of 12 Councilman Misetich moved, seconded by Councilwoman Brooks, to approve the staff recommendation to: 1) ADOPT RESOLUTION NO. 2016-36, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ADOPTING ADDENDUM NO. 47 TO ENVIRONMENTAL IMPACT REPORT NO. 36; 2) ADOPT URGENCY ORDINANCE NO. 587U, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, APPROVING AMENDMENT NO. 16 TO THE TRUMP NATIONAL DEVELOPMENT AGREEMENT, AUTHORIZING AN EXTENSION TO THE DEVELOPMENT AGREEMENT TO SEPTEMBER 21, 2018, AND DECLARING THE URGENCY THEREOF; 3) Authorize the Mayor and City Clerk to execute and record the documents on behalf of the CITY; 4) ADOPT RESOLUTION NO. 2016-37, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, EXTENDING VESTING TENTATIVE TRACT MAP NO. 50666 FOR TWO ADDITIONAL YEARS, WHICH IS CONSISTENT WITH THE TERM OF THE DEVELOPMENT AGREEMENT; and, 5) ADOPT RESOLUTION NO. 2016-38, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING GRADING PERMIT NO. 1541 TO ALLOW AN EXTENSION TO THE OPERATION OF THE DRIVING RANGE TO SEPTEMBER 21, 2018. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Misetich and Mayor Dyda NOES: None RECUSED: Duhovic Councilman Duhovic returned to the dais at 9:32 P.M. REGULAR BUSINESS: *Consideration and Possible Action to Initiate a Request to Vacate a Portion of Public Right-of-Way Adjacent to 3807 and 3825 Crest Road (Jules) City Clerk Morreale reported that there were 8 requests to speak regarding this item. Deputy Director of Public Works Jules provided a staff report and PowerPoint presentation regarding this item. Discussion ensued among Council Members, Staff, and City Attorney Aleshire. Peter Shaw, Rancho Palos Verdes, provided comments regarding the issues with people inadvertently trespassing on his property; damage sustained to his fence; and his desire to add drought tolerant plants to improve the landscaping. William Stavi-Raines, Rancho Palos Verdes, provided comments regarding the length of time it has taken to have this matter heard and the improvements that were added to City Council Minutes August 16, 2016 Page 8 of 12 improve the property. Diane Smith, Rancho Palos Verdes, spoke in opposition to the vacation of the roadway. Kathy Campbell, Rancho Palos Verdes, spoke in support of staffs recommendation. Barraclough, spoke in support of the homeowners and felt the request was very reasonable. Councilwoman Brooks moved, seconded by Councilman Misetich to approve Staff recommendation to initiate the request to vacate a portion of the public right-of-way adjacent to 3807 and 3825 Crest Road. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich, and Mayor Dyda NOES: None RECESS AND RECONVENE: Mayor Dyda called a brief recess from 10:02 P.M. to 10:12 P.M. Councilman Duhovic moved to extend the meeting to 11:00 P.M. for the consideration of new business. Without objection, Mayor Dyda so ordered. Consideration and Possible Action to Approve a Strategic Planning Process to Address Infrastructure Issues Related to the Portuguese Bend Landslide Discussion ensued among Council Members and staff. Councilman Duhovic moved, seconded by Councilwoman Brooks to approve Staff recommendation to review and approve the process to develop a strategic plan that addresses the impacts of the Portuguese Bend landslide on public infrastructure and open space. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich, and Mayor Dyda NOES: None Consideration and Possible Action to Amend the Municipal Code to Provide for Council Advice and Consent on the Hiring of Certain Upper Management Positions City Council Minutes August 16, 2016 Page 9 of 12 City Attorney Aleshire provided a brief staff report. Discussion ensued among Council Members, staff, and City Attorney Aleshire. Councilman Misetich moved, seconded by Councilwoman Brooks to: 1) Select Alternative A for the Council to advise the City Manager but not require their consent; and, 2) Remove the interview section. The motion passed on the following roll call vote: AYES: Brooks, Misetich, and Mayor Dyda NOES: Campbell and Duhovic A second motion was considered to remove the head of the Human Resources from the list of upper management positions included in the Advice and Consent Ordinance. Councilman Duhovic moved, seconded by Councilwoman Brooks, to amend his initial motion adding the IT Director's position to the list and instead remove the head of Human Resources from the list of upper management positions included in the ordinance. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich, and Mayor Dyda NOES: None A third motion was considered to introduce the Ordinance as amended. Councilwoman Brooks moved, seconded by Councilman Misetich to: Introduce ORDINANCE NO. 588, AS AMENDED, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING CHAPTER 2.08 OF THE RANCHO PALOS VERDES MUNICIPAL CODE RELATING TO THE APPOINTMENT OF DEPARTMENT HEADS BY THE CITY MANAGER. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich, and Mayor Dyda NOES: None Councilman Misetich moved, seconded by Councilman Duhovic to continue items 5, 6, 7 and 8 to the Council Meeting of September 6, 2016; and to hear the speakers present. Without objection, Mayor Dyda so ordered. City Council Minutes August 16, 2016 Page 10 of 12 Consideration and Possible Action Regarding the Fraud, Waste, and Abuse Hotline Diane Smith, Rancho Palos Verdes, provided comments regarding Ed Hummel, the soil issues at Ladera Linda, and comments made by Mayor Pro Tem Campbell. This item was continued to September 6, 2016. Consideration and Possible Action to Initiate Code Amendment Proceeding for Rancho Palos Verdes Municipal Code Sections 17.78.040 and 17.78.050 to Clarify the "Minor Modification" Process for Previously-Approved Decisions and Conditions of Approval Noel Weiss, Rancho Palos Verdes, provided comments regarding the language as noted in the code amendment. This item was continued to September 6, 2016. Consideration and Possible Action to Grant Three-Year Extensions of the Current City Hall Monopole Lease Agreements Emily Murray, American Tower Company, provided comments supporting Staffs recommendation regarding the lease agreements. This item was continued to September 6, 2016. Consideration and Possible Action to Approve, in Concept, the Proposed City of Rancho Palos Verdes' Overhead Utilities Conversion Plan (Rule 20A) This item was continued to September 6, 2016. FUTURE AGENDA ITEMS: The following items were raised by Council Members as future agenda items: Ladera Linda Soil Issue (Dyda) Moving Elections to Even Numbered Years (Misetich) CITY COUNCIL ORAL REPORTS: Each Council Member reported on his/her attendance at various organization and association meetings since the last City Council Oral Reports were provided on May 3, 2016. ADJOURNMENT: City Council Minutes August 16, 2016 Page 11 of 12 At 11:29 P.M., Mayor Dyda adjourned the meeting in City Clerk Morreale's honor. Mayo Attest City Clerk City Council Minutes August 16, 2016 Page 12 of 12