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CC DM 20160105 B - 20151201CC MINS DraftDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING DECEMBER 1, 2015 The meeting was called to order at 6:02 P.M. by Mayor Knight at Fred Hesse Community Park, 29301 Hawthorne Boulevard. City Council roll call was answered as follows: PRESENT: Brooks, Campbell, Duhovic, Misetich, and Mayor Knight ABSENT: None Also present were Doug Willmore, City Manager; Gabriella Yap, Deputy City Manager; Dave Aleshire, City Attorney; Michael Throne, Director of Public Works, and, Carla Morreale, City Clerk. PUBLIC COMMENTS: (This section of the agenda is for audience comments regarding Closed Session items) None. RECESS TO CLOSED SESSION: City Attorney Aleshire announced the two agendized items to be discussed in Closed Session and noted that a there was a need for a third item, Potential Litigation Against the City to be added, which arose after the posting of the agenda. He stated the Council would have to vote to add this item to the Closed Session. Councilman Misetich moved, seconded by Mayor Pro Tem Brooks, to add the item regarding Potential Litigation Against the City. Without objection, Mayor Knight so ordered. At 6:04 P.M., Council recessed to Closed Session. a*ere]k,1T/=1k,Iat911a=[eviclz ***.IEel k,A The meeting was reconvened to Regular Session at 7:08 P.M. ROLL CALL: City Council roll call was answered as follows: Draft City Council Minutes December 1, 2015 Page 1 of 14 PRESENT: Brooks, Campbell, Duhovic, Misetich, and Mayor Knight ABSENT: None Also present were Doug Willmore, City Manager; Gabriella Yap, Deputy City Manager; Dave Aleshire, City Attorney; Joel Rojas, Community Development Director; Michael Throne, Director of Public Works; Cory Linder, Director of Recreation and Parks; Deborah Cullen, Director of Finance; Nicole Jules, Deputy Director of Public Works; Sean Robinson, Human Resources Manager; Leza Mikhail, Senior Planner; Kit Fox, Senior Administrative Analyst; Matt Waters, Senior Administrative Analyst; and, Carla Morreale, City Clerk. CLOSED SESSION REPORT: City Attorney Aleshire reported that with respect to the Conference with Labor Negotiators, a report on the negotiations was given, direction was given to the negotiators, and no reportable action was taken. City Attorney Aleshire reported that with respect to the Potential Litigation against the City regarding an email to the City Council from Jeffrey Lewis of Broedlow Lewis, a report was provided and no reportable action was taken. City Attorney Aleshire reported that with respect to the Potential Litigation against the City item added to Closed Session, a report was provided and no reportable action was taken. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilman Misetich. ►yi/_\Ye7ki1'[oil]ki[N4Ly, l4z11&1 None. APPROVAL OF THE AGENDA: Councilman Duhovic 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 Knight NOES: None ABSENT: None Draft City Council Minutes December 1, 2015 Page 2 of 14 CERTIFICATION OF ELECTION: Ceremonial Matters Mayor Knight was presented with the following commendations for his years of service to the City and on the City Council: 1) Resolution from Assemblyman David Hadley and Senator Ben Allen (represented by Lauren Pizer-Mains); 2) Certificate of Appreciation from Jim Gazeley, Chair, South Bay Cities Council of Governments; and, 3) Certificate of Recognition from Steve Napolitano, Senior Deputy to Los Angeles County Supervisor Don Knabe. Mayor Pro Tem Brooks thanked Mayor Knight for his year of service as Mayor and presented him with a Key to the City and a gift of Jerry Garcia ties. Each Council Member thanked Mayor Knight for his year of service and representation as Mayor of the City. Mayor Knight provided remarks regarding his tenure on the City Council and past year serving as Mayor, and commented on those things that have inspired him to serve the community of Rancho Palos Verdes and make the world a better place in which to live He thanked the Council Members, Committee and Commission Members, staff and residents for their support this past year. Certification of Election City Clerk Morreale provided a brief report regarding the Certification of Election results declaring Jerry Duhovic, Susan Brooks, and Ken Dyda as the newly elected Council Members as a result of the November 3, 2015 General Municipal Election. Councilman Misetich moved, seconded by Mayor Pro Tem Brooks, to approve the staff recommendation to certify the Election results and ADOPT RESOLUTION NO. 2015- 103, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY ON NOVEMBER 3, 2015, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich, and Mayor Knight NOES: None ABSENT: None Swearing in and Seating of Newly Elected Council Members Brooks, Duhovic and Dyda Draft City Council Minutes December 1, 2015 Page 3 of 14 City Clerk Morreale administered the Oath of Office to newly elected Council Members Susan Brooks, Jerry Duhovic, and Ken Dyda. COUNCIL REORGANIZATION: Selection of Mayor City Clerk Morreale called for nominations for the selection of Mayor. Councilman Misetich nominated Mayor Pro Tem Brooks for Mayor. Councilman Campbell nominated Ken Dyda for Mayor. The first motion, for the nomination of Mayor Pro Tem Brooks for Mayor, failed on the following roll call vote: AYES: Misetich and Brooks NOES: Campbell, Duhovic, and Dyda ABSENT: None The second motion, for the nomination of Councilman Ken Dyda for Mayor, passed on the following roll call vote: AYES: Campbell, Duhovic, and Dyda NOES: Misetich and Brooks ABSENT: None Selection of Mayor Pro Tem Mayor Dyda called for nominations for the selection of Mayor Pro Tem. Mayor Dyda nominated Councilman Campbell for Mayor Pro Tem. Councilman Misetich nominated Councilman Duhovic for Mayor Pro Tem. The first motion, for the nomination of Councilman Campbell for Mayor Pro Tem, passed on the following roll call vote: AYES: Campbell, Duhovic, and Mayor Dyda NOES: Misetich and Brooks ABSENT: None Mayor Dyda and each of the Council Members provided brief remarks regarding the past year, the upcoming work of the next four years, and support from and service to the community. Draft City Council Minutes December 1, 2015 Page 4 of 14 RECESS/RECEPTION: Mayor Dyda declared a brief recess from 7:52 P.M. to 8:29 P.M. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Dyda announced Recyclers of the Month from the November 17, 2015 City Council meeting: Joyce Huppert and Frank A. Vidovich. He indicated that all winners receive a check for $250 representing a year of free refuse service and urged everyone to participate in the City's Recycling Program. He noted that in addition to winning the Recycler Drawing, the two individuals had also won a Personal Emergency Preparedness Kit from the City at a value of $60.00. PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda) Noel Weiss, provided comments regarding the recent action taken by the Council regarding the Green Hills Memorial Park matter; and the Rancho LPG tank facility in the border City of Los Angeles. Barry Yudess. Rancho Palos Verdes, provided comments regarding the recently approved Palos Verdes Peninsula Unified School District (PVPUSD) Solar Project at several of the PVPUSD sites. Joan Davidson, provided comments regarding the recently approved PVPUSD Solar Project at several of the school sites, noting the solar structures will affect views, aesthetics, and the free movement of those on campus. Sandra Valeri, Rancho Palos Verdes, provided comments regarding the recently approved PVPUSD Solar Project at several of the school sites; and the AYSO stockpiling and storage of dirt on the PVPUSD property at the upper fields at Ladera Linda Park. CITY MANAGER REPORT: None. CONSENT CALENDAR: City Clerk Morreale reported that there were requests to speak regarding Item G (Approve License Agreement related to Construction of the Sunnyside Ridge Trail Segment Project) and Item H (Lower Hesse Park Grant). Draft City Council Minutes December 1, 2015 Page 5 of 14 Councilwoman Brooks moved, seconded by Councilman Duhovic, to direct staff to return, as time allows, with a status update regarding the items listed in Item E (Status Report and Research on Regional Matters). Discussion ensued among Council Members and staff. Councilman Duhovic moved a substitute motion, seconded by Councilwoman Brooks, to approve Items A, B, and F on the Consent Calendar; with Item G (Approve License Agreement related to Construction of the Sunnyside Ridge Trail Segment Project) removed from the Consent Calendar and to be heard immediately after the Consent Calendar as there was a request to speak on this item; Item C (Register of Demands), Item D (Five -Year Information Technology Strategic Plan Update) and Item H (Lower Hesse Park) removed from the Consent Calendar and to be heard after Regular Business items; and staff directed to return, at the City Manager's discretion, with items listed in Item E (Status Report and Research on Regional Matters). Councilman Duhovic withdrew his substitute motion. Councilman Duhovic moved, seconded by Councilwoman Brooks, to approve Items A, B, and F on the Consent Calendar, with Item C (Register of Demands), Item D (Five - Year Information Technology Strategic Plan Update), and Item E (Status Report and Research on Regional Matters) to be considered after Regular Business items; and Item G (Approve License Agreement related to Construction of the Sunnyside Ridge Trail Segment Project) and Item H (Lower Hesse Park Grant) removed from the Consent Calendar 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. Border Issues Status Report Received and filed the current report on the status of Border Issues. Register of Demands This item was removed from the Consent Calendar for separate consideration. Draft City Council Minutes December 1, 2015 Page 6 of 14 Five -Year Information Technology (IT) Strategic Plan Update This item was removed from the Consent Calendar for separate consideration. Status Report and Research on Regional Matters This item was removed from the Consent Calendar for separate consideration. October 2015 Monthly Report of Cash Balances Received and filed the October 2015 Monthly Report of Cash Balances for the City of Rancho Palos Verdes. Approve License Agreement related to Construction of the Sunnyside Ridge Trail Segment Project (Supports 2014 City Council Goal, Infrastructure) This item was removed from the Consent Calendar for separate consideration. Lower Hesse Park Grant This item was removed from the Consent Calendar for separate consideration. ITEMS REMOVED FROM THE CONSENT CALENDAR: Approve License Agreement related to Construction of the Sunnyside Ridge Trail Segment Project (Supports 2014 City Council Goal, Infrastructure) City Clerk Morreale reported that there was one request to speak regarding this item. Sandra Valeri, Rancho Palos Verdes, provided comments regarding moving forward with this project even though there are some modifications needed, noting that the wall being built was for the benefit of the trail easement. Councilman Duhovic moved, seconded by Councilwoman Brooks, to remove this item from the agenda, with input received from residents to be addressed, and place it on the December 15, 2015 Council Agenda. City Attorney Aleshire noted that there was not yet a finalized License Agreement for this item. The motion passed on the following roll call vote: Draft City Council Minutes December 1, 2015 Page 7 of 14 AYES: Brooks, Campbell, Duhovic, Misetich, and Mayor Dyda NOES: None ABSENT: None Lower Hesse Park Grant City Clerk Morreale reported that there were two requests to speak regarding this item. Sharon Yarber, Rancho Palos Verdes, provided comments regarding the Lower Hesse Park Grant and proposed changes to the project. Noel Park, Rancho Palos Verdes, provided comments regarding this grant, noting that he was in favor of the grant and only had concerns regarding the efficacy of the hydro - seeding portion of the project. Councilwoman Brooks moved, seconded by Councilman Misetich, to: 1) ADOPT RESOLUTION NO. 2015-104, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING THE APPLICATION FOR PROPOSITION A GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARKS AND OPEN SPACE DISTRICT FOR FOURTH SUPERVISORIAL DISTRICT FUNDING FOR THE LOWER HESSE PARK IMPROVEMENT PROJECT, AND APPROVING THE ADOPTION OF A YOUTH EMPLOYMENT PLAN; and, 2) ADOPT RESOLUTION NO. 2015-105, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2015-47, THE BUDGET APPROPRIATION FOR FY 15-16, TO ADJUST THE BUDGET IN THE CAPITAL IMPROVEMENTS PROJECT FUND. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich, and Mayor Dyda NOES: None ABSENT: None PUBLIC HEARINGS: St. John Fisher Master Plan - Review of the Effectiveness of and Compliance with the Conditions of Approval that are Applicable to Sanctuary Screening, Exterior Sanctuary Lighting, Parking and the Carillon Bells (Location: 5448 Crest Road — Corner of Crest Rd. and Crenshaw Blvd.) City Clerk Morreale reported that notice of the public hearing was duly published, no protests received, late correspondence was distributed prior to the meeting, and there were no requests to speak regarding this item. Mayor Dyda declared the public hearing open. Draft City Council Minutes December 1, 2015 Page 8 of 14 Senior Planner Mikhail provided a staff report and PowerPoint presentation regarding this item. Mayor Dyda declared the public hearing closed. Councilman Misetich moved, seconded by Councilwoman Brooks, to approve the staff recommendation to: Receive and file a report on the effectiveness of, and compliance with, the Conditions of Approval applicable to the landscaping for screening the sanctuary, exterior sanctuary lighting, parking and the carillon bells of the St. John Fisher Master Plan, and determining that the current Conditions of Approval are accomplishing their intended purpose. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich, and Mayor Dyda NOES: None ABSENT: None Code Amendment Proposal to Amend Title 17 of the Rancho Palos Verdes Municipal Code, City Tree Review Permit (Case No. ZON2015-00383) City Clerk Morreale reported that notice of the public hearing was duly published, written protests included in the late correspondence was distributed prior to the meeting, and there was one request to speak regarding this item. Mayor Dyda declared the public hearing open. Community Development Director Rojas provided a staff report regarding this item. Noel Park, Rancho Palos Verdes, provided comments regarding views, noting he was in favor of moving forward with the proposed changes which should streamline the process. Mayor Dyda declared the public hearing closed. Discussion ensued among Council Members, staff, and City Attorney Aleshire. Councilwoman Brooks moved, seconded by Councilman Misetich, to approve the staff recommendation to: 1) ADOPT RESOLUTION NO. 2015-106, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ADOPTING ADDENDUM NO. 9 TO THE NEGATIVE DECLARATION FOR ORDINANCE NO. 510, FOR CODE AMENDMENTS TO TITLE 17 OF THE RANCHO PALOS VERDES MUNICIPAL CODE; and, 2) INTRODUCE ORDINANCE NO. 575, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, AMENDING THE CITY'S MUNICIPAL Draft City Council Minutes December 1, 2015 Page 9 of 14 CODE TO: A) RESCIND SECTION 17.76.100 (CITY TREE REVIEW PERMIT); B) DELETE REFERENCES TO THE CITY TREE REVIEW PERMIT PROCEDURES CONTAINED IN SECTIONS 17.02.040(C)(2)(E) AND 17.86.050(A)(2); and, C) ADD LANGUAGE TO SECTION 17.80.030 TO CLARIFY THE APPEAL PROCESS FOR CITY DECISIONS INVOLVING THE TRIMMING/ REMOVAL OF CITY TREES. City Clerk Morreale reported that this public hearing was continued from August 7, 2015. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, and Misetich NOES: Mayor Dyda ABSENT: None Presentation and Letter Supporting the "Palos Verdes Peninsula Village" Program Senior Administrative Analyst Fox provided brief introductory remarks regarding this item. Ann Shaw, Chief Financial Officer, Palos Verdes Peninsula Village, presented a report regarding the Palos Verdes Peninsula Village, which provides programs and support for people who choose to remain in their own homes as they get older. Councilwoman Brooks moved, seconded by Councilman Misetich, to approve the staff recommendation to: Authorize the Mayor to sign a letter of support for the Palos Verdes Peninsula Village Program. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich, and Mayor Dyda NOES: None ABSENT: None RECESS AND RECONVENE: Mayor Dyda called a recess from 9:39 P.M. to 9:52 P.M. Code Amendment to Chapter 15.20 (Moratorium on Land Use Permits) of the Rancho Palos Verdes Municipal Code to Establish an Exception Category to Allow the Construction of Non -Habitable Storage Sheds that are Used for the Sole Purpose of Storing Large Agricultural Farming Equipment Draft City Council Minutes December 1, 2015 Page 10 of 14 City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding this item. Senior Planner Mikhail provided a report and PowerPoint presentation regarding this item. Councilman Duhovic moved, seconded by Councilman Misetich, to approve the staff recommendation to: INTRODUCE ORDINANCE NO. 576, AS AMENDED, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, ADOPTING AMENDMENTS TO CHAPTER 15.20 (MORATORIUM ON LAND USE PERMITS) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO ESTABLISH AN EXCEPTION CATEGORY (`S') TO ALLOW THE CONSTRUCTION OF NON -HABITABLE STORAGE SHEDS, UP TO 1,600 SQUARE FEET, THAT ARE USED FOR THE SOLE PURPOSE OF STORING AGRICULTURAL FARMING EQUIPMENT ON PROPERTIES WITH AN APPROVED AGRICULTURAL USE GREATER THAN ONE -ACRE IN SIZE FOR COMMERCIAL PURPOSES WITHIN THE CITY'S LANDSLIDE MORATORIUM AREA. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich, and Mayor Dyda NOES: None ABSENT: None Storm Drain User Fee Renewal Process City Manager Willmore presented a brief staff report regarding this item. Discussion ensued among Council Members and staff, with City Manager Willmore noting that the public hearing would be held on February 2, 2016, since Councilman Misetich would not be present on January 19, 2016. Councilman Campbell left the meeting at 10:12 P.M. during the discussion of this item. Councilwoman Brooks moved, seconded by Councilman Misetich, to continue the meeting for consideration of new business until 11:00 P.M. Without objection, Mayor Dyda so ordered. Councilman Misetich moved, seconded by Councilwoman Brooks, to: 1) Receive and file Engineer's Report with per -parcel data for proposed renewal of the storm drain user fee; and, 2) ADOPT RESOLUTION NO. 2015-107, AS AMENDED, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, DESIGNATING A TIME AND PLACE FOR HEARING PROTESTS IN CONNECTION WITH A PROPOSED ANNUAL STORM DRAIN USER FEE, APPROVING PROCEDURES IN CONNECTION THEREWITH AND TAKING CERTAIN OTHER ACTIONS. Draft City Council Minutes December 1, 2015 Page 11 of 14 The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Misetich, and Mayor Dyda NOES: None ABSENT: Campbell Receive and File the Successor Memorandum of Understanding between the City of Rancho Palos Verdes and the Rancho Palos Verdes Employee Association Human Resources Manager Robinson provided a brief staff report and PowerPoint presentation regarding this item. Discussion ensued among Council Members and staff. Councilman Duhovic moved, seconded by Councilwoman Brooks, to: Receive and file the executed tentative Memorandum of Understanding (MOU) between the City of Rancho Palos Verdes (City) and the Rancho Palos Verdes Employee Association (RPVEA), for the period of July 1, 2014 through June 30, 2017 (RPVEA MOU 2014- 2017). The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Misetich, and Mayor Dyda NOES: None ABSENT: Campbell Fiscal Year 2014-15 Year -End Financial Report Director of Finance Cullen provided a staff report and PowerPoint presentation regarding this item. Discussion ensued among Council Members and staff. Councilman Duhovic moved, seconded by Councilwoman Brooks, to: Receive and file the Fiscal Year 2014-15 year-end financial report. The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Misetich, and Mayor Dyda NOES: None ABSENT: Campbell ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued): Draft City Council Minutes December 1, 2015 Page 12 of 14 Register of Demands Mayor Dyda reported that he had a question that he addressed with Director of Finance Cullen, for which he will receive an answer in the near future. Councilman Duhovic moved, seconded by Councilwoman Brooks, ADOPTED RESOLUTION NO. 2015-108, 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. The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Misetich, and Mayor Dyda NOES: None ABSENT: Campbell Five -Year Information Technology (IT) Strategic Plan Update Mayor Dyda suggested a minor change to the wording under Section 2 of the Deliverables of the Plan Proposal. He suggested changing the wording from "Analysis of public desires ..." to "Analysis of public needs...". Mayor Dyda moved, seconded by Councilman Misetich, to receive and file the Five - Year Information Technology (IT) Strategic Plan Update with the amendment to the wording under Section 2 of the Deliverables of the Plan Proposal changed from "Analysis of public desires ..." to "Analysis of public needs...". The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Misetich, and Mayor Dyda NOES: None ABSENT: Campbell Status Report and Research on Regional Matters Brief discussion ensued among Council Members and staff regarding this item. Councilwoman Brooks moved, seconded by Councilman Duhovic, to direct staff to return with follow-up information regarding former Mayor Knight's status report. The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Misetich, and Mayor Dyda NOES: None ABSENT: Campbell Draft City Council Minutes December 1, 2015 Page 13 of 14 FUTURE AGENDA ITEMS: The following items were raised by Council Members as future agenda items: Status Report regarding AYSO Contract Cancellation (Duhovic) CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings since the last City Council Oral Reports were provided on November 17, 2015. Councilman Misetich stated that he had no items to report. ADJOURNMENT: At 10:53 P.M., Mayor Dyda adjourned the meeting. Attest: City Clerk WACity Council Minutes\2015\20151201 CC MINS Draft.docx Mayor Draft City Council Minutes December 1, 2015 Page 14 of 14