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CC DM 20161004 B - 20160906 DRAFT CC MINSDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING SEPTEMBER 6, 2016 The meeting was called to order at 6:08 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) *Councilman Misetich arrived at 6:13 P.M. 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) 0[m RECESS TO CLOSED SESSION: At 6:09 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, Campbell, Duhovic, Misetich, and Mayor Dyda ABSENT: None Draft City Council Minutes September 6, 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 Recreation and Parks; Deborah Cullen, Director of Finance; Ara Mihranian, Community Development Director; Nicole Jules Deputy Director of Public Works and, Teresa Takaoka, Acting 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 Nicole Jules. CLOSED SESSION REPORT: City Attorney Aleshire reported on the following Closed Session items: 1) With respect to the Potential Litigation against the City a report was given and no reportable action was taken; and, 2) With respect to the Existing Litigation in the Sharon Loveys et al. vs. City of Rancho Palos Verdes, a status report was provided and no reportable action was taken. MAYOR'S ANNOUNCEMENTS: Mayor Dyda noted EDCO's Used Oil Recycling Program information and shared memories of civic leader Robert McCaman in whose memory tonight's meeting will be adjourned. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Dyda announced Recyclers of the Month from the August 16, 2016 City Council meeting: Joseph Lauro and Kathie Lopez. 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: 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 Dyda NOES: None ABSENT: None PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda) Draft City Council Minutes September 6, 2016 Page 2 of 12 Jay Fodor, Rancho Palos Verdes, provided comments regarding potential development in Elkmont Canyon and the process to develop in the area. Marc Artino, Rancho Palos Verdes, requested that staff remove the Elkmont Canyon item from the September 20, 2016, agenda and provided comments regarding the project. Sharon Lovers, VVHOA, provided comments regarding the Green Hills Inspiration Inspiration Slope Mausoleum and the delays she is experiencing in obtaining information from Green Hills staff. Noel Weiss, Rancho Palos Verdes, provided comments regarding the potential lawsuit and mediation regarding Green Hills Memorial park issues. Debbie Landes, Rancho Palos Verdes, provided comments regarding two funerals that will be held this weekend and invited Council to her home to see what she experiences. Desiree Meyers, Rancho Palos Verdes, Bill Patton, Rancho Palos Verdes, Sandra Valeri, Rancho Palos Verdes, commented on the Ladera Linda soil issues and results of the testing by government agencies. Diane Smith, Rancho Palos Verdes, thanked the Sheriff's Department for ongoing patrols and signage in the switchback area, and provided comments regarding Marymount, Elkmont Canyon and Ladera Linda. Barry Yudess, Rancho Palos Verdes, Joan Davidson, Rancho Palos Verdes, and Barry Hildebrand, Rancho Palos Verdes, provided comments regarding the Ladera Linda soil issues; complaints against the school district and the need for transparency. CITY MANAGER REPORT: City Manager Willmore reported on recent arrests made using the newly installed ALPR cameras; the "Budget in Brief" document available on the City's Website; attendance at the City's last "Movie in the Park" for the summer season; and, ongoing repairs Cal Water is undertaking near Burma Road and surrounding trails. CONSENT CALENDAR: Acting City Clerk Takaoka reported that late correspondence regarding Item F was distributed prior to the meeting and items F and L would be removed from this agenda for consideration at a future meeting. Councilman Duhovic moved, seconded by Councilwoman Brooks, to approve the Consent Calendar, with Items F (Consideration and Possible Action to Renew the Draft City Council Minutes September 6, 2016 Page 3 of 12 Agreement with Portuguese Bend Cooperative Nursery School for Use of the Beach School Property) and L (Consideration and Possible Action to Renew the Agreement with Trump National for the Management of Rentals at Founders Park) removed from the Consent Calendar for consideration at a future meeting and Items M (Consideration and Possible Action to Appoint a Second Voting Delegate -Alternate for the League of California Cities' Annual Business Meeting and General Assembly) and O (Consideration and Adoption of Ordinance No. 588 to Amend the Municipal Code to Provide for Council Advice on the Hiring of Certain Upper Management Positions) removed from the Consent Calendar and to be heard immediately after Regular Business. 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 August 2, 2016. Register of Demands ADOPTED RESOLUTION NO. 2016-39, 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 Approve the FY 16-17 Finance Advisory Committee Work Plan Approved the proposed FY 16-17 Finance Advisory Committee Work Plan. Consideration and Possible Action to Approve a Resolution Authorizing an Application for Grant Funds from the California Urban Rivers Grant Program for the Hawthorne Boulevard Center Median Bioswale Project 1) ADOPTED RESOLUTION NO. 2016-40, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE CALIFORNIA URBAN RIVERS GRANT PROGRAM UNDER THE WATER QUALITY, SUPPLY, AND INFRASTRUCTURE IMPROVEMENT ACT OF 2014 (PROPOSITION 1); and 2) Provided direction regarding establishing a Draft City Council Minutes September 6, 2016 Page 4 of 12 focus group to aid in selecting the plant palette and landscaping features for the project. Consideration and Possible Action to Renew the Agreement with Portuguese Bend Cooperative Nursery School for Use of the Beach School Property This item was removed from the agenda and continued to September 20, 2016. Consideration and Possible Action to Award a Public Works Agreement for the Roadway Maintenance Contract FY 2016-2017 through FY 2020-2021 to Hardy & Harper, Inc. 1) Awarded a multi-year Public Works Agreement with Hardy & Harper, Inc. for the Roadway Maintenance Contract FY 2016-2017 through FY 2020-2021 in an amount not -to -exceed $1,225,000 excluding inflationary changes in the construction cost index; 2) Awarded a multi-year contract for Professional Services to Sunbeam Consulting for Construction Oversight Services in an amount not -to -exceed $50,000; and, 3) Authorized the Mayor and City Clerk to execute contracts with Hardy & Harper, Inc., and Sunbeam Consulting pending City Attorney's approval as to form. Consideration and Possible Action to Approve the Installation of the Proposed Parking Regulation and Park Rules Signs at Marilyn Ryan Sunset Point Park Parking Lot Approved the installation of the proposed parking regulation and park rules signs at Marilyn Ryan Sunset Point Parking Lot. Consideration and Possible Action to Award a Professional Services Agreement for Design of the Residential Streets Rehabilitation Project Cycle 1, Year 7, for Area 7 1) Awarded a contract for professional services to Sunbeam Consulting for an amount not to exceed $397,161 for civil engineering design services related to the Residential Streets Rehabilitation Project for Area 7; 2) Authorized Staff to utilize an additional 10% ($39,716) for project contingency; and, 3) Authorized the Mayor and City Clerk to execute the Professional Services Agreement, subject to approval as to form by the City Attorney. Consideration and Possible Action to Award a Construction Contract for Residential Rehabilitation (Phase II - Pavement Rehabilitation) for Areas 2 and 6 1) Approved the construction plans and project specifications on file in the Public Works Department for the Residential Street Rehabilitation Project, Phase II Areas 2 and 6 Pavement Rehabilitation; 2) Awarded a Public Works Agreement for Construction to VSS International, Inc. for an amount not to exceed $1,885,000 for construction services related to the Residential Street Rehabilitation Project, Phase II Areas 2 and 6 Pavement Rehabilitation; 3) Authorized Staff to utilize an additional 10% ($188,500) for project contingency; and, 4) Authorized the Mayor and City Clerk to execute the agreement. Draft City Council Minutes September 6, 2016 Page 5 of 12 Consideration and Possible Action regarding the July 2016 Cash Balances/Monthly Treasurer's Report Received and filed the July Cash Balances/Monthly Treasurer's Report. Consideration and Possible Action to Renew the Agreement with Trump National for the Management of Rentals at Founders Park This item was removed from the agenda and continued to September 20, 2016. Consideration and Possible Action to Appoint a Second Voting Delegate - Alternate for the League of California Cities' Annual Business Meeting and General Assembly This item was removed from the Consent Calendar for separate consideration. Consideration and Possible Action to Request that Governor Brown Veto Assembly Bill No. 1217 regarding Joint Powers Authorities Authorized the Mayor to sign a letter to Governor Brown requesting a veto of Assembly Bill No. 1217 (AB 1217) regarding the joint powers authorities. Consideration and Adoption of Ordinance No. 588 to Amend the Municipal Code to Provide for Council Advice on the Hiring of Certain Upper Management Positions This item was removed from the Consent Calendar for separate consideration. Consideration and Possible Action to Purchase a Replacement Large Format Printer (Plotter) for the Public Works Department Approved the purchase of the replacement plotter from American Business Machines for a total of $28,116.55. PUBLIC HEARINGS: Consideration and Possible Action to Approve Revision `S' to Conditional Use Permit No. 215, et al., for the Terranea Resort and Spa (Case No. ZON2016-00339) Acting City Clerk Takaoka reported that notice of the public hearing was duly published, no written protests received, late correspondence was distributed prior to the meeting and there was one request to speak regarding this item. Draft City Council Minutes September 6, 2016 Page 6 of 12 Community Development Director Mihranian provided a brief staff report and Powerpoint presentation regarding this item. Discussion ensued among Council Members and staff. Mayor Dyda declared the public hearing open. Terri Haack, Vice President, Terranea Resort, Lowe Enterprises thanked the Council for their time and consideration in this matter. Mayor Dyda declared the public hearing closed. Councilwoman Brooks moved, seconded by Councilman Misetich, to approve staff recommendation to: ADOPT RESOLUTION NO. 2016-41, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, THEREBY APPROVING REVISION `S' TO CONDITIONAL USE PERMIT NO. 215, ET AL., BY AMENDING THE COUNCIL -ADOPTED CONDITIONS OF APPROVAL TO ALLOW THE CONSTRUCTION OF A 12 -FOOT TALL, 765 -SQUARE -FOOT KITCHEN BUILDING AT THE MAIN POOL AREA WITH 45 CUBIC YARDS OF RELATED GRADING. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Dyda NOES: None ABSENT: None REGULAR BUSINESS: Consideration and Possible Action to Receive an Update Regarding Parking Restrictions Imposed to Address Safety Issues along Crenshaw Blvd. in the Del Cerro Park Area and Surrounding Neighborhoods Acting City Clerk Takaoka reported that late correspondence was distributed prior to the meeting and there were two requests to speak regarding this item. Deputy Director of Public Works provided a brief staff report regarding this item. Discussion ensued among Council Members and staff. Thomas Olson, Rancho Palos Verdes, commented on difficulties he is experiencing with ingress and egress from his driveway; excessive traffic in his neighborhood; and the need for dedicated parking spaces for Del Cerro park. Kathy Edgerton, Rancho Palos Verdes, thanked the City Council and Staff for the improvements that were implemented and felt that the way staff worked with the community exemplified the best of city governance. Draft City Council Minutes September 6, 2016 Page 7 of 12 Councilwoman Brooks moved, seconded by Councilman Duhovic, to receive and file the report with the Del Cerro Parking update and to include direction for Staff to return with information on additional parking and traffic mitigation measures. 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 brief recess from 8:36 P.M. to 8:53 P.M. A brief discussion ensued between Councilman Duhovic and Mayor Dyda; by affirmation the City Council shall consider Item 3 immediately after Item 6. Consideration and Possible Action to Grant 3 -Year Extensions of the Current City Hall Monopole Lease Agreements Deputy City Manager Yap presented a brief staff report. Discussion ensued among Council Members and staff. Emily Murray, American Tower Representative, discussed the lease extension and her willingness to look into some camouflaging options. Councilman Duhovic moved, seconded by Councilwoman Brooks, to approve 3 -year extensions of the lease agreements with Verizon Wireless (VZW), AT&T and Southern California Edison (SCE) for their existing wireless telecommunications facilities on the City Hall monopole. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Dyda NOES: None ABSENT: None City Council Policy on Communication with other Agencies in their Personal vs. Official Capacity City Attorney Aleshire provided a brief staff report regarding Protocol 14. Discussion ensued among Council Members, Staff, and the City Attorney. Draft City Council Minutes September 6, 2016 Page 8 of 12 Ed Hummel, Rancho Palos Verdes, thanked the Council for looking into Council policies and protocols; commented on the the Ladera Linda soil issues; and asked the Council to abandon their pursuit of trying to clear the complaint in his personnel file, and to not present him with a commendation. Sandra Valeri, Rancho Palos Verdes, commented that, as a community volunteer, she is very aware that one only uses their title when appropriate and is thankful that the Council is looking at policies and procedures. Diane Smith, Rancho Palos Verdes, commented about the complaint against Ed Hummel; citizens rights; and how residents should be commended instead of retaliated against. Barry Yudess, Rancho Palos Verdes, expressed his gratitude that Council is addressing this policy issue at this time and recommends this behavior not be repeated in the future. Joan Davidson, Rancho Palos Verdes, commented regarding Council policies; the need for Council to abide by their Code of Ethics; and questioned how the authors of the PVPWatch Newsletter seem to have inside information. Jessica Vlaco, Rancho Palos Verdes, commented that she is saddened that the AYSO and the City are at odds; she would like to see the issues resolved quickly; and feels that perhaps the councilperson acted outside of his scope of authority. Councilwoman Brooks suggested the creation of a subcommittee to address the policy issues and concerns. Councilman Misetich moved, seconded by Mayor Pro Tem Campbell to: create a subcommittee comprised of Mayor Dyda and Councilwoman Brooks to work with the City Attorney's office to: review items 1, 3, and 4; to take no action 2 or 5, based on tonight's public comments; to review Protocol 14 and other policies that may need updating and return to council with their findings. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Dyda NOES: None ABSENT: None Councilman Misetich moved to extend the meeting to 10:45 P.M. for the consideration of new business. Without objection, Mayor Dyda so ordered. Consideration and Possible Action regarding the Fraud, Waste, and Abuse Hotline Draft City Council Minutes September 6, 2016 Page 9 of 12 City Attorney Aleshire provided a brief staff report. Discussion ensued among Council Members, Staff, and the City Attorney. Councilman Misetich moved, seconded by Councilman Duhovic, to approve staff recommendation to: 1) Adopt the revised City's Fraud, Waste, and Abuse Hotline Policy that incorporates the recommended changes discussed; and, 2) Direct Staff to continue working with NAVEX to implement the changes in the revised Policy and help potential reporters to file appropriate reports. The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Misetich and Mayor Dyda NOES: Campbell ABSENT: None Consideration and Possible Action to Initiate Code Amendment Proceedings for Rancho Palos Verdes Municipal Code (RPVMC) Sections 17.78.040 and 17.78.050 to Clarify the "Minor Modification" Process for Previously -Approved Decisions and Conditions of Approval Councilman Misetich moved, seconded by Councilwoman Brooks, to waive the staff report. Without objection, Mayor Dyda so ordered. Minas Yerelian, Rancho Palos Verdes spoke in opposition to Staff recommendation as he is concerned about misuse and abuse of the code interpretation. Discussion ensued among Council Members and Staff. Mayor Pro Tem Campbell moved, seconded by Councilman Misetich, to approve staff recommendation to: initiate code amendment proceedings to codify a "minor modification" process pursuant to RPVMC Section 17.78.040, and clarified the process for interpreting previous decisions and/or conditions of approval pursuant to RPVMC Section 17.78.050. The motion passed on the following roll call vote: AYES: Campbell, Duhovic, Misetich and Mayor Dyda NOES: Brooks ABSENT: None Consideration and Possible Action to Advise the City's Voting Delegate on the City Council's Position regarding the League of California Cities' 2016 Annual Conference Resolutions Draft City Council Minutes September 6, 2016 Page 10 of 12 Councilman Duhovic moved, seconded by Councilwoman Brooks, to waive the staff report. Without objection, Mayor Dyda so ordered. Councilwoman Brooks moved, seconded by Councilman Duhovic to approve staff recommendation to: authorize the City Council's Voting Delegate to take no position on the adoption of League of California Cities General Assembly Resolution No. 1 (Vision Zero). The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Dyda NOES: None ABSENT: None ITEM(S) REMOVED FROM THE CONSENT CALENDAR: Consideration and Possible Action to Appoint a Second Voting Delegate - Alternate for the League of California Cities' Annual Business Meeting and General Assembly By acclamation, the Council waived the staff report. Mayor Pro Tem Campbell suggested having a policy whereby the Mayor and Mayor Pro Tem be the designated Voting -Delegate Alternates. Discussion ensued among Council Members and Staff. Mayor Pro Tem Campbell withdrew his suggestion. Councilman Duhovic moved, seconded by Councilwoman Brooks, to appoint Mayor Dyda as the second Voting Delegate -Alternate. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Dyda NOES: None ABSENT: None Consideration and Adoption of Ordinance No. 588 to Amend the Municipal Code to Provide for Council Advice on the Hiring of Certain Upper Management Positions Mayor Pro Tem Campbell asked for clarification on the changes made to the language in the Ordinance. Draft City Council Minutes September 6, 2016 Page 11 of 12 City Attorney Aleshire noted that all changes noted at the last meeting were included in the ordinance. Mayor Pro Tem Campbell moved, seconded by Councilwoman Brooks to: ADOPT ORDINANCE NO. 588, AN ORDINANCE 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 ABSENT: None FUTURE AGENDA ITEMS: None. CITY COUNCIL ORAL REPORTS: This item was continued to the next meeting. ADJOURNMENT: At 10:44 P.M., Mayor Dyda adjourned the meeting. Attest: Acting City Clerk W:\City Council Minutes\2016\20160906 DRAFT CC MINS.docx Mayor Draft City Council Minutes September 6, 2016 Page 12 of 12