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CC MINS 20170117 SPC MINUTES RANCHO PALOS VERDES CITY COUNCIL SPECIAL MEETING JANUARY 17, 2017 The meeting was called to order at 5:38 P.M. by Mayor Campbell at Fred Hesse Community Park, 29301 Hawthorne Boulevard. City Council roll call was answered as follows: PRESENT: Brooks, Duhovic, Dyda, Misetich and Mayor Campbell ABSENT: None Also present were Doug Willmore, City Manager; David Aleshire, City Attorney; Gabriella Yap, Deputy City Manager; and Teresa Takaoka, Acting 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) None. RECESS TO CLOSED SESSION: At 5:39 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 Finance Advisory Committee at 6:06 P.M. RECONVENE TO CLOSED SESSION: The meeting was reconvened to a Closed Session at 6:35 P.M. RECONVENE TO STUDY SESSION: The meeting was reconvened to a Study Session at 7:08 P.M. STUDY SESSION: PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA FOR THE STUDY SESSION: City Council Minutes Special Meeting January 17, 2017 Page 1 of 11 Acting City Clerk Takaoka reported that there was one request to speak. Noel Weiss, provided comments regarding a compliance issue regarding Green Hills item that was discussed in Closed Session. DISCUSSION TOPICS: Review of Tentative Agendas and 2014 City 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 Dyda to approve the tentative agendas as amended. The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Dyda, Misetich and Mayor Campbell NOES: None RECONVENE TO REGULAR SESSION: The meeting was reconvened to Regular Session at 7:07 P.M. ROLL CALL: City Council roll call was answered as follows: PRESENT: Brooks, Duhovic, Dyda, Misetich and Mayor Campbell ABSENT: None 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; Deborah Cullen, Director of Finance; Ara Mihranian, Community Development Director; Katie Lozano, Administrative Analyst II; Dan Landon, IT Manager; and Teresa Takaoka, Acting 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 Bill Patton. City Council Minutes Special Meeting January 17, 2017 Page 2 of 11 CLOSED SESSION REPORT: City Attorney Aleshire reported on the three Loveys cases, the matters were discussed but no reportable action was taken; with respect to the City Attorney evaluation the subject was discussed and no reportable action was taken; and with regard to the Council Subcommittee regarding litigation, Councilwoman Brooks and Mayor Pro Tem Duhovic were appointed. MAYOR'S ANNOUNCEMENTS: Mayor Campbell presented outgoing Infrastructure Management Committee Member Jennifer Taggart with a City tile. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Campbell announced Recyclers of the Month from the December 20, 2016 City Council meeting: Randall Beck and Mie Narita. 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 Duhovic to approve the agenda with Item 3 to be heard immediately after approval of the Consent Calendar. The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Dyda, Misetich and Mayor Campbell NOES: None ABSENT: None PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda) Acting City Clerk Takaoka reported that there were eight requests to speak regarding this item. Pat Akins, Rancho Palos Verdes, shared her comments regarding the complaints of noise and privacy issues as experienced by her neighbors. Bernadette Sabath, Rancho Palos Verdes, provided comments regarding the cemetery usage change, quality of life issues, and the Green Hills Conditional Use Permit. Vince Reher, Rancho Palos Verdes, shared his comments regarding the Conditional Use Permit for Green Hills Memorial Park. City Council Minutes Special Meeting January 17, 2017 Page 3 of 11 Matt Martin, WHOA, provided comments regarding the eight foot setback area; rooftop burials; and, quality of life issues experienced by neighbors of Green Hills Memorial Park. Noel Park, Rancho Palos Verdes, shared his comments on the coyote population issues and gave each Councilmember, the Director of Community Development, and the City Clerk's department a copy of Coyote America. Debbie Landes, WHOA, shared her comments regarding Green Hills Memorial Park and her belief that the Planning Commission should participate in the annual review of Green Hills. Sharon Loveys, WHOA, commented on the coyote issues and the Lilley report on Green Hills Memorial Park. Noel Weiss, thanked the citizens that paid for half of the mediation fee; commented on the derailment of PHL as relevant to the Rancho Plains Station; and, the Inspiration Slope and Green Hills ongoing legal issues. CITY MANAGER REPORT: City Manager Willmore announced the ongoing recruitment for the open seats on the Traffic Safety Committee; the new Building Standards codes that begin in 2017; and noted that the Civic Center Master Plan Survey deadline had been extended to January 31, 2017. CONSENT CALENDAR: Acting City Clerk Takaoka reported that there were no requests to speak on Consent Calendar items. Mayor Pro Tem Duhovic moved, seconded by Councilwoman Brooks to approve the Consent Calendar, with Item D (Consideration and Possible Action to Adopt Ord. No. 593, Affirming the Prohibition of Short-term Rentals and to Prohibit the Advertisement of Short-term Rentals in the City's Residential Zoning Districts, and to Codify Definitions of Advertisement, Responsible Party and Short-term Rentals) removed and to be heard immediately after the Regular Business items. The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Dyda, Misetich, and Mayor Campbell NOES: None ABSENT: None Motion to Waive Full Reading City Council Minutes Special Meeting January 17, 2017 Page 4 of 11 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 December 6, 2016 Adjourned Regular Meeting (Interviews) and the December 6, 2016 Regular Meeting. Register of Demands ADOPTED RESOLUTION NO. 2017-01, 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 Adopt Ord. No. 593, Affirming the Prohibition of Short-term Rentals and to Prohibit the Advertisement of Short-term Rentals in the City's Residential Zoning Districts, and to Codify Definitions of Advertisement, Responsible Party and Short-term Rentals This item was removed from the Consent Calendar for separate consideration. Consideration and Possible Action to Award an Open-source, Bid Contract to Fire Grazers, Inc. to Perform Fuel Modification by Grazing Services for City of Rancho Palos Verdes Facilities 1) Awarded a three-year Maintenance Agreement for fuel modification by grazing in the amount of$258,429 to Fire Grazers, Inc., for a 3-year base term, with up to three, one year options; and 2) Authorized the Mayor and City Clerk to execute the Maintenance Agreement, subject to approval as to form by the City Attorney. Consideration and Possible Action to Award a Change Order and Lease Agreement to Stay Green, Inc for Labor and Equipment for City Landscaping, General Maintenance, and Lifter & Trash Services Awarded a Change Order to the proposal by Stay Green, Inc. to accommodate the City's requirement for the vendor to lease land for equipment storage and operations in the performance of their previously awarded Maintenance Agreement; 2) Approved the Lease Agreement with Stay Green, Inc.; and, 3) Authorized the Mayor and City Clerk to execute the Modified Maintenance Agreement; and Lease Agreement, subject to approval as to form by the City Attorney. Consideration and Possible Action Regarding a Claim Against the City by Scoft Burack Rejected the claim and directed Staff to notify the claimant. City Council Minutes Special Meeting January 17, 2017 Page 5 of 11 Consideration and Possible Action Regarding a Claim Against the City by Udo Heyn Rejected the claim and directed Staff to notify the claimant. Consideration and Possible Action to Approve a License Agreement to Allow Improvements Within the City's Slope Easement Associated with the Construction of a New Single Family Residence on Private Property Located at 29425 Palos Verdes Drive East Considered and approved a License Agreement, thereby allowing improvements within the City's slope easement associated with the construction of a new single family residence on private property located at 29425 Palos Verdes Drive East. Consideration and Possible Action to Create and Fund an Additional Officer Position 1) Approved an appropriation of$17,000 to fund an additional part-time Code Enforcement Officer position; and, 2) Adopted Resolution No. 2017-02 to add a part- time Code Enforcement Officer position and pay scale to the Salary and Hourly Schedule. # # # # # # REGULAR BUSINESS Consideration and Possible Action to Appoint Two Members to the Finance Advisory Committee (FAC) Councilwoman Brooks had requested that this item be heard earlier in the meeting, the motion was approved as part of the Approval of the Agenda. As there was no request for a staff report, Acting City Clerk Takaoka distributed ballots for the selection of two members to fill the vacancies on the Finance Advisory Committee. After one round of balloting, Eric Alegria, and John F. Stillo were selected to fill the two vacancies on the Finance Advisory Committee, said terms of office will be until December 2020. PUBLIC HEARINGS: Consideration and Possible Action to Initiate a General Plan Land Use Amendment and a Zone Change for an Apartment Complex Located at 6568 and 6660 Beachview Drive and 32636 Nantasket Drive (Case No. ZON2016-00543) City Council Minutes Special Meeting January 17, 2017 Page 6 of 11 Acting City Clerk Takaoka reported that notice of the public hearing was duly published; written protests received and included as part of the staff report; late correspondence was distributed prior to the meeting; and there were no requests to speak on this item. Director of Community Development Mihranian introduced Assistant Planner Irving Anaya who provided a staff report and PowerPoint presentation regarding this item. Discussion ensued among Council Members, Staff and the City Attorney. Mayor Campbell declared the public hearing open. Applicants Sean Lynch and Chase Ballard provided comments regarding the zone changes that they were requesting. Joe Stevens, spoke in opposition to the Land Use Amendment and would like to keep density low. Noel Park, Rancho Palos Verdes, provided his comments and spoke in opposition to the amendment and zone change. Mayor Campbell declared the public hearing closed. Discussion ensued among Council Members, Staff and the City Attorney. Mayor Pro Tem Duhovic moved, seconded by Councilman Misetich to take no action at this time. The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Dyda, Misetich, and Mayor Campbell NOES: None ABSENT: None Mayor Campbell called a brief recess from 8:31 P.M. to 8:43 P.M. REGULAR BUSINESS: Consideration and Possible Action to Appoint Two Councilmembers to the Palos Verdes Nature Preserve Subcommittee Acting City Clerk Takaoka reported that there were no requests to speak regarding this item. Councilman Misetich moved, seconded by Councilwoman Brooks, to waive the staff report. Discussion continued among Council Members. City Council Minutes Special Meeting January 17, 2017 Page 7 of 11 Councilwoman Brooks moved, seconded by Mayor Campbell, to approve the staff recommendation to appoint two City Council Members to the Palos Verdes Nature Preserve Subcommittee. The City Councilmembers appointed were Councilman Dyda and Councilman Misetich. The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Dyda, Misetich, and Mayor Campbell NOES: None ABSENT: None Consideration and Possible Action to Adopt an Urgency Ordinance and Introduce an Ordinance that Establishes a Citywide Noise Ordinance (Case No. ZON2017- 00015) Acting City Clerk Takaoka reported that late correspondence was distributed prior to the meeting and that there were four requests to speak regarding this item. Senior Planner Mikhail provided a brief staff report and PowerPoint presentation regarding this item. Discussion continued among Council Members and staff. John Jensen, Rancho Palos Verdes, shared his concerns regarding noise issues experienced in his neighborhood such as racing motorcycles and leaf blowers. Mickey Rodich, Rancho Palos Verdes, shared his concerns that unless a device is used to measure the noise level it will be difficult for the ordinance to be effective. Jennifer Taggart, Rancho Palos Verdes, urged the City Council to oppose the current noise ordinance as written as it is too ambiguous. Bruce Miller, Rancho Palos Verdes, stated his opposition to the noise ordinance as it is currently written as it is confusing. Minas Yerelian, Rancho Palos Verdes, provided comments regarding activities like special event permits and continuous issues like the York property. Alan S., shared his concerns that the ordinance is overly broad, difficult to enforce and suggested a targeted enforcement area to address the major problems. Councilman Misetich moved, seconded by Councilwoman Brooks for Staff to return with a comprehensive menu of items to address in a new noise ordinance and to conduct this process as a public notice. The motion passed on the following roll call vote: City Council Minutes Special Meeting January 17, 2017 Page 8 of 11 AYES: Brooks, Duhovic, Dyda, Misetich, and Mayor Campbell NOES: None ABSENT: None Consideration and Possible Action to Provide Direction on the Proposed Revisions to Rancho Palos Verdes Municipal Code Chapters 2.04 and 2.08 Acting City Clerk Takaoka reported that late correspondence was distributed prior to the meeting and that there were no requests to speak regarding this item. Councilman Dyda moved, seconded by Mayor Pro Tem Duhovic to bifurcate the action and hear Chapter 2.04 tonight and to bring Chapter 2.08 to the next regular meeting. The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Dyda, Misetich, and Mayor Campbell NOES: None ABSENT: None Mayor Pro Tem Duhovic presented a brief staff report. Discussion continued among Council Members and staff. Mickey Rodich, Rancho Palos Verdes, provided comments regarding decibel readings and expressed his disappointment that both chapters weren't being discussed this evening. Councilwoman Brooks moved, seconded by Councilman Dyda, to approve the proposed revisions to Rancho Palos Verdes Municipal Code Chapters 2.04. The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Dyda, Misetich, and Mayor Campbell NOES: None ABSENT: None Consideration and Possible Action on Annual Business License Tax Councilwoman Brooks and Councilman Misetich recused themselves from considering this item as they have business licenses in the City of Rancho Palos Verdes and left Council chambers. Councilman Duhovic moved, seconded by Councilman Dyda, to waive the staff report. Without objection, Mayor Campbell so ordered. City Council Minutes Special Meeting January 17, 2017 Page 9 of 11 Councilman Duhovic moved, seconded by Councilman Dyda, to approve staff recommendation to: 1) Discontinue automatic annual increases to the Business License Tax using the Consumer Price Index (CPI) and direct Staff to bring the option back to the City Council annually for direction; and, 2) Update the language in the Municipal Code to reflect using the CPI inflation index if an increase is approved by the City Council. The motion passed on the following roll call vote: AYES: Duhovic, Dyda, and Mayor Campbell NOES: None ABSTAIN: Brooks and Misetich Mayor Campbell called a brief recess from 10:12 P.M. to 10:21 P.M. Consideration and Possible Action to Approve the Citywide Records Retention Schedule Discussion continued among Council Members. Administrative Analyst II Cloke provided a brief staff report regarding this item. Discussion continued among Council Members and staff. Councilman Dyda moved, seconded by Mayor Pro Tem Duhovic, to continue this matter to a future date and to return with modified schedules, presenting one department at a time so Council can conduct a line by line review of considered changes/modifications. The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Dyda, Misetich, and Mayor Campbell NOES: None ABSENT: None ITEMS REMOVED FROM THE CONSENT CALENDAR: Consideration and Possible Action to Adopt Ord. No. 593, Affirming the Prohibition of Short-term Rentals and to Prohibit the Advertisement of Short-term Rentals in the City's Residential Zoning Districts, and to Codify Definitions of Advertisement, Responsible Party and Short-term Rentals This item was removed by Councilman Dyda from the Consent Calendar for separate consideration. Discussion ensued among Council. City Council Minutes Special Meeting January 17, 2017 Page 10 of 11 Mayor Pro Tem Duhovic moved, seconded by Councilwoman Brooks, to approve the staff recommendation to adopt Ordinance No. 593; AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES THEREBY AMENDING CHAPTER 17.02 (SINGLE FAMILY RESIDENTIAL (RS) DISTRICTS), CHAPTER 17.04 (MULTI-FAMILY RESIDENTIAL (RM) DISTRICTS) AND CHAPTER 17.96 (DEFINITIONS) OF TITLE 17 OF THE CITY'S MUNICIPAL CODE TO AFFIRM THE PROHIBITION OF SHORT- TERM RENTALS AND TO PROHIBIT THE ADVERTISEMENT OF SHORT-TERM RENTALS IN THE CITY'S SINGLE FAMILY AND MULTI-FAMILY RESIDENTIAL ZONING DISTRICTS and to inquire as to how other cities handle some of the issues. The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Dyda, Misetich, and Mayor Campbell NOES: None ABSENT: None Councilman Misetich moved, seconded by Mayor Campbell moved to extend the meeting to 10:45 P.M. for the consideration of new business. Without objection, Mayor Campbell so ordered. FUTURE AGENDA ITEMS: Mayor Pro Tern Duhovic requested that the public hearing cover page be modified to follow Rules and Procedures of Section 8.1. Mayor Campbell requested a workshop to discuss the Brown Act and a summary detailing it. Mayor Campbell offered to prepare the materials, share comments and discuss the matter with the City Attorney. CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. ADJOURNMENT: At 10:56 P.M., Mayor Campbell adjourned the meeting. Attest: r Mayor Acting City Clerk W:\01 City ClerklCity Council Minutes12017\20170117 CC SPC MTG MINS.doc City Council Minutes Special Meeting January 17, 2017 Page 11 of 11