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CC 20161206 B 20161101 DRAFT CC MINSDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING NOVEMBER 1, 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, *Campbell, Duhovic, Misetich, and Mayor Dyda ABSENT: Campbell *Mayor Pro Tem Campbell arrived at 6:07 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) 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 7:06 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 November 1, 2016 Page 1 of 13 Also present were Doug Willmore, City Manager; David Aleshire, City Attorney; Gabriella Yap, Deputy City Manager; Michael Throne, Director of Public Works; Nicole Jules Deputy Director of Public Works; Sean Larvenz, Maintenance Superintendent; Cory Linder, Director of Recreation and Parks; Dan Trautner, Deputy Director of Public Works; Deborah Cullen, Director of Finance; Ara Mihranian, Community Development Director; Dan Landon, IT Manager; 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 Deborah Cullen. CLOSED SESSION REPORT: City Attorney Aleshire reported on the following Closed Session items: 1) With respect to the two Potential Litigation matters, one involving Doddy and the other being River Watch, a status report was given and no reportable action was taken; and, 2) With respect to the Existing Litigation a status report was provided and no reportable action was taken. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Dyda announced Recyclers of the Month from the October 18, 2016 City Council meeting: Ian MacDonald and Valerie Blitz. 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. MAYOR'S ANNOUNCEMENTS: Mayor Dyda did not have any announcements; however, Councilman Misetich offered his gratitude and support for the Lomita Sheriff's Station, noting it is the highest arresting station in Los Angeles County. Mayor Dyda mentioned the recent arrests from information gathered using the ALPR cameras. Councilman Duhovic noted the City's rating of 29th Safest City in the State for the "Safest City Ranking" as reported in "The Patch." 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: Draft City Council Minutes November 1, 2016 Page 2 of 13 AYES: Brooks, Campbell, Duhovic, Misetich, and Mayor Dyda NOES: None ABSENT: None PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda) Noel Weiss, Rancho Palos Verdes, provided comments regarding the potential lawsuit and mediation regarding Green Hills Memorial Park issues and made an oral public records request. Ed Hummel, Rancho Palos Verdes, noted the fantastic response from the Lomita Sheriff's station regarding a burglary he reported and provided comments regarding a voicemail message he received from Mayor Pro Tem Campbell regarding Ladera Linda's Master Plan. Max Ryan, Rancho Palos Verdes, provided comments regarding valuable knowledge he gained from a recent science class and the need to maintain and protect open space and the benefits of native plants during the ongoing drought. Nick Ryan, Rancho Palos Verdes, provided comments regarding the need to preserve open space and the need for a program to encourage residents to use native vegetation in their landscaping. Mickey Rodich, Rancho Palos Verdes, provided comments regarding the City Attorney's charges on the register and requested assistance in obtaining ALPR cameras at entrances to his homeowner's association. Pastor Albert Frederico, 7t" Day Adventist Church, expressed his gratitude to the Lomita Sheriff's Station regarding a recent incident at the church. Bernadette Sabath, Rancho Palos Verdes, provided a Powerpoint presentation regarding Green Hills Memorial Park and the Lilley Report. Sandra Valeri, Rancho Palos Verdes, provided comments regarding the letters that were sent out regarding the dirt at the Ladera Linda site, as well as health and safety concerns. Minas Yerelian, Rancho Palos Verdes, provided comments regarding a personal tragedy experienced by his family during the Syrian/Turkish war and a recent article/cartoon by PV News; and Ladera Linda Park. Joan Davidson, Palos Verdes Estates, provided comments regarding the dirt at Ladera Linda fields and inquired as to where other truckloads of dirt were possibly deposited. Sharon Lovers, VVHOA, provided comments regarding the silhouettes at Green Hills Inspiration Slope. Draft City Council Minutes November 1, 2016 Page 3 of 13 CITY MANAGER REPORT: City Manager Willmore reported on a recent town hall meeting to be held by the Lomita Sheriff's station on November 3, 2016, from 6 p.m. To 8 p.m.; the "Kids Music Festival" and the "Trunk or Treat" activity held at Ladera Linda Park; the 2016 Prepare Peninsula Expo at Norris Theatre; and the end of the Triple Flip (FY 15-16) which ends the Sales and Use Tax Swap that occurred during March 2004 when California descended into junk bond status. CONSENT CALENDAR: Acting City Clerk Takaoka reported that late correspondence regarding Items B, E, and K was distributed prior to the meeting and there was one request to speak on item E. Councilwoman Brooks moved, seconded by Councilman Misetich, to approve the Consent Calendar, with Item E (Consideration and Possible Action to Award a Contract for Construction of the ADA Access Improvements Del Cerro/Burma Road Entrance to PV Nature Preserve Project) removed from and to be heard immediately after the Consent Calendar, and after friendly amendments: Items C (Register of Demands), D (Consideration and Possible Action to Receive an Update on Turf Rehabilitation Activities Scheduled for the Hesse Park Athletic Field), H (Consideration and Possible Action to Upgrade the City's Telephone System), and K (Consideration and Possible Action to Apply for the Institute of Museum and Library Services' Museums for America (MFA) Grant to Fund One New Indoor Exhibits at the Point Vicente Interpretive Center Museum) be removed from the Consent Calendar and 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 October 4, 2016, Regular Meeting. Register of Demands This item was removed from the Consent Calendar for separate consideration. Draft City Council Minutes November 1, 2016 Page 4 of 13 Consideration and Possible Action to Receive an Update on Turf Rehabilitation Activities Scheduled for the Hesse Park Athletic Field This item was removed from the Consent Calendar for separate consideration. Consideration and Possible Action to Award a Contract for Construction of the ADA Access Improvements Del Cerro/Burma Road Entrance to PV Nature Preserve Project This item was removed from the Consent Calendar for separate consideration. Consideration and Possible Action to Take a Position Regarding Proposition 57 ("Public Safety Rehabilitation Act of 2016") ADOPTED RESOLUTION NO. 2016-50, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, THEREBY OPPOSING PROPOSITION 57. Consideration and Possible Action Regarding Employee and Councilmember Health Insurance Premiums for 2017 ADOPTED RESOLUTION NO. 2016-51, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES REGARDING THE CITY'S MAXIMUM MONTHLY CONTRIBUTION AMOUNTS FOR EMPLOYEE AND CITY COUNCIL HEALTH INSURANCE PREMIUMS FOR CALENDAR YEAR 2017. Consideration and Possible Action to Upgrade the City's Telephone System This item was removed from the Consent Calendar for separate consideration. Consideration and Possible Action to Apply for the Southern California Association of Governments (SCAG) 2016 Sustainability Planning Grant, to Fund the Creation of a Tri -city Roadway Safety Master Plan in Coordination with the Cities of Palos Verdes Estates and Rolling Hills Estates Authorized the City Manager and/or his designee to submit an application as the lead agency for the 2016 Sustainability Planning Grant offered by the Southern California Association of Governments (SCAG) to fund the Tri -City Roadway Safety Master Plan. Consideration and Possible Action Regarding the September 2016 Cash Balances/Monthly Treasurer's Report Received and filed the September 2016 Cash Balances/Monthly Treasurer's Report. Draft City Council Minutes November 1, 2016 Page 5 of 13 Consideration and Possible Action to Apply for the Institute of Museum and Library Services' Museums for America (MFA) Grant to Fund One New Indoor Exhibits at the Point Vicente Interpretive Center Museum This item was removed from the Consent Calendar for separate consideration. Consideration and Possible Action to Authorize the Budget for the Annual City Holiday Party Authorized budget and alcohol purchases for the Annual City Holiday Party. ITEM(S) REMOVED FROM THE CONSENT CALENDAR: Consideration and Possible Action to Award a Contract for Construction of the ADA Access Improvements Del Cerro/Burma Road Entrance to PV Nature Preserve Project Sandra Valeri, Rancho Palos Verdes, provided comments regarding the issues raised by the numerous speakers that had attended the last meeting wherein this item was initially considered. Discussion ensued among Councilmembers and Staff. Councilwoman Brooks moved, seconded by Councilman Duhovic, to approve staff recommendation to: 1) approve the construction plans and contract documents for the ADA Access Improvements Del Cerro/Burma Road Entrance to PV Nature Preserve Project; 2) award a construction contract to EBS General Engineering, Inc. in the amount of $99,470; 3) award a Professional Services Contract to KOA Corporation for Construction Management and Inspection services in the amount of $21,980; 4) authorize a 10% project contingency in the amount of $12,145; and, 5) authorize the Mayor and City Clerk to execute the Construction and Professional Services Agreements, subject to approval as to form by the City Attorney. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Dyda NOES: None ABSENT: None PUBLIC HEARINGS: Consideration and Possible Action to Adopt an Ordinance Adopting the 2016 California Building Standards Codes Draft City Council Minutes November 1, 2016 Page 6 of 13 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. Building Official Christman provided a brief staff report regarding this item. Discussion ensued among Council Members and Staff. Mayor Dyda declared the public hearing open. Sandra Valeri, Rancho Palos Verdes, noted she had no comments for this item. Mayor Dyda declared the public hearing closed. Councilwoman Brooks moved, seconded by Councilman Duhovic, to approve staff recommendation to ADOPT ORDINANCE NO. 589, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING BY REFERENCE THE 2016 CALIFORNIA BUILDING STANDARDS CODE WHICH INCLUDES THE 2016 EDITION OF THE CALIFORNIA BUILDING, RESIDENTIAL, GREEN BUILDING STANDARDS, PLUMBING, ELECTRICAL AND MECHANICAL CODES, WHICH ARE CODIFIED IN TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS; CHAPTER 7A OF TITLE 26 OF THE LOS ANGELES COUNTY BUILDING CODE; THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS 1997 EDITION; THE UNIFORM HOUSING CODE 1997 EDITION; AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2015 EDITION, WITH APPENDICES AND AMENDMENTS THERETO; AND, AMENDING TITLE 15 OF THE RANCHO PALOS VERDES MUNICIPAL CODE. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Dyda NOES: None ABSENT: None REGULAR BUSINESS: Consideration of Policies Regarding Change of General Municipal Election Date and Review of Sample Ordinances Changing the General Municipal Election Date to the Statewide General Election Held in November of Even -numbered Years Acting City Clerk Takaoka reported that late correspondence was distributed prior to the meeting and there were four requests to speak regarding this item. Mayor Dyda called a brief recess from 7:57 P.M. to 8:10 P.M. City Attorney Aleshire provided a brief staff report regarding this item. Draft City Council Minutes November 1, 2016 Page 7 of 13 Discussion ensued among Council Members, Staff and the City Attorney. Noel Park, Rancho Palos Verdes, spoke in favor of staff recommendation and was very encouraged by the Council's discussion. Joan Davidson, Palos Verdes Estates, provided comments regarding SB415 and its implementation challenges. Connie Semos, Rancho Palos Verdes, provided comments and supported the previous two speakers' sentiments. Sandra Valeri, Rancho Palos Verdes, spoke in favor of staff recommendation and felt the will of the voters would be honored. Councilman Duhovic moved, seconded by Councilwoman Brooks, to approve staff recommendation to provide direction to Staff regarding the implementation of the change in 2020, as permitted by SB415, and to therefore effect no changes for the current seated Councilmembers terms, but to instead reduce the terms for the incumbent and/or candidates seeking election in the future by 12 months; and to adopt Ordinance No. 591, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 2.28 OF THE RANCHO PALOS VERDES MUNICIPAL CODE, REQUIRING THAT THE GENERAL MUNICIPAL ELECTIONS OF THE CITY OF RANCHO PALOS VERDES BE HELD ON THE FIRST TUESDAY AFTER THE FIRST MONDAY OF NOVEMBER IN EACH EVEN NUMBERED YEAR BEGINNING 2020, AS AMENDED, noting in particular the shortened terms for those elected in 2017 and 2019. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Dyda NOES: None ABSENT: None Consider and Review Update on Public Safety Administrative Analyst II Position and Neighborhood Watch Acting City Clerk Takaoka reported that there were fourteen requests to speak regarding this item. Deputy City Manager Yap presented a brief staff report. Peter Sweers, Les Chapin, Ralph Greenwood, George Walker, Martha Taylor, and Connie Semos, all of Rancho Palos Verdes, provided comments regarding the Neighborhood Watch program and its effectiveness; and spoke in opposition to the Administrative Analyst II position. Draft City Council Minutes November 1, 2016 Page 8 of 13 Joan Davidson, Palos Verdes Estates, provided comments regarding the Neighborhood Watch program and the need for a Robocall program to reach all residents in the event of a safety/health breach. Carolynn Petru, Rancho Palos Verdes, spoke in support of Neighborhood Watch and in support of the receive and file recommendation. Janet Nitz, Keith Kamholz, Louise Chow, Mickey Rodich, Noel Park, and Angus Lorenzen, all of Rancho Palos Verdes, provided comments regarding the Neighborhood Watch program; the support it has received from its early inception; the overall effectiveness of the program; and their opposition to the Administrative Analyst II position. Mayor Dyda called a brief recess from 9:32 P.M. to 9:45 P.M. Discussion ensued among Council Members and Staff. Councilwoman Duhovic moved, seconded by Councilman Misetich, to address the Public Safety Administrative Analyst II position during the next budget cycle. Discussion ensued among Council Members and Staff. Councilman Duhovic modified his initial motion to receive and file the body of the document; refrain from taking action on the Public Safety Administrative Analyst II position and consider it during the next budget cycle; to review other safety items as listed; to see what items Staff can absorb and to return with a reduced position. This amended motion was seconded by Councilman Misetich. Discussion ensued among Council Members and Staff. Councilman Duhovic moved to extend the meeting to 11:00 P.M. for the consideration of new business. Without objection, Mayor Dyda so ordered. Discussion ensued among Council Members and Staff. Angus Lorenzen, Rancho Palos Verdes, noted that the references on page 3 of the staff report discussed between the Neighborhood Watch working group and Staff was agreed upon during their meeting. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Dyda NOES: None ABSENT: None Draft City Council Minutes November 1, 2016 Page 9 of 13 Consideration of and Possible Action to Address Traffic Circulation and Safety - Related Issues on Park Place Adjacent to Del Cerro Park 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 Jules provided a staff report and PowerPoint presentation regarding this item. John Girardi, Rancho Palos Verdes, did not provide comments at this time but stated he was in favor of staff recommendation (he later clarified he deferred to those most knowledgeable and stated that the digital sign may prove valuable). Thomas Olson, Rancho Palos Verdes, provided comments regarding safety, legal and possibly liability issues concerning parking John Girardi, Rancho Palos Verdes, returned to the podium and responded to Council questions regarding the parking lot. Discussion ensued among Council Members and Staff. Mayor Dyda moved, seconded by Councilwoman Brooks to combine option number 5 and option number 3 and to have Staff return with costs and implementation. Discussion ensued among Council Members and Staff. Councilman Duhovic moved to extend the meeting to 11:20 P.M. for the consideration of new business. Without objection, Mayor Dyda so ordered. Discussion ensued among Council Members and Staff. The motion passed on the following roll call vote: AYES: Brooks, Misetich and Mayor Dyda NOES: Campbell and Duhovic ABSENT: None Consideration of and Possible Action Regarding the Fiscal Year 2015-16 Year-end Financial Report Mayor Pro Tem Campbell left the dais at 11:05 P.M. Councilman Duhovic asked Director of Finance Cullen for clarification on an added Draft City Council Minutes November 1, 2016 Page 10 of 13 variance item. Discussion ensued among Council Members and Staff. Councilman Duhovic moved, seconded by Councilwoman Brooks, to approve staff recommendation to receive and file the FY 15-16 Year-end Financial Report. The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Misetich and Mayor Dyda NOES: None ABSENT: Campbell Consideration and Possible Action to Adopt an Urgency Ordinance Adding Chapter 9.34 (Personal Marijuana Cultivation) to Title 9 (Public Peace, Morals and Welfare) to the Rancho Palos Verdes Municipal Code (Planning Case No. ZON2016- 00509) Councilman Duhovic moved, seconded by Councilwoman Brooks, to waive the staff report. Without objection, Mayor Dyda so ordered. Councilman Duhovic moved, seconded by Councilwoman Brooks, to approve staff recommendation to: 1) Adopt Ordinance No. 590U AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, ADDING CHAPTER 9.34 (PERSONAL MARIJUANA CULTIVATION) TO TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE CITY OF RANCHO PALOS VERDES MUNICIPAL CODE, TO PROHIBIT OUTDOOR PERSONAL CULTIVATION OF MARIJUANA, AND TO ADOPT REGULATIONS FOR INDOOR PERSONAL CULTIVATION OF MARIJUANA. The motion passed on the following roll call vote: AYES: Brooks, Duhovic, Misetich and Mayor Dyda NOES: None ABSENT: Campbell * Per Community Development Director Mihranian the resolution as noted in the recommendation was an error and should not be considered. The resolution was removed from the recommendation. ITEM(S) REMOVED FROM THE CONSENT CALENDAR: Register of Demands Draft City Council Minutes November 1, 2016 Page 11 of 13 Councilman Misetich moved, seconded by Councilwoman Brooks, to ADOPT RESOLUTION NO. 2016-52, 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 Mayor Pro Tem Campbell returned to the dais at 11:08 P.M. Consideration and Possible Action to Receive an Update on Turf Rehabilitation Activities Scheduled for the Hesse Park Athletic Field Councilman Duhovic moved, seconded by Councilwoman Brooks, to continue this item to a future date. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Dyda NOES: None ABSENT: None Consideration and Possible Action to Upgrade the City's Telephone System IT Manager Dan Landon provided a brief staff report in response to Mayor Pro Tem Campbell's request for clarification. Councilwoman Brooks moved, seconded by Councilman Duhovic, to enter into an agreement with NIC Partners, Inc. for $95,714.97 to replace the City's aging telephone system and handsets with a Cisco "Call Manager" system. 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 Apply for the Institute of Museum and Library Services' Museums for America (MFA) Grant to Fund One New Indoor Exhibits at the Point Vicente Interpretive Center Museum Draft City Council Minutes November 1, 2016 Page 12 of 13 Mayor Dyda moved, seconded by Councilman Duhovic, to continue this item to the next meeting. Discussion ensued among Council Members and Staff. Mayor Dyda amended his motion to continue the item to a future date. The amendment was seconded by Councilman Duhovic. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Dyda NOES: None ABSENT: None FUTURE AGENDA ITEMS: Councilwoman Brooks would like Staff to prepare a staff report regarding increased safety enforcement for cycling. Councilman Duhovic inquired about the Tri -City grant with other cities. CITY COUNCIL ORAL REPORTS: Councilman Duhovic moved to extend the meeting to 11:30 P.M. for the consideration of new business. Without objection, Mayor Dyda so ordered. This item was continued to the next meeting. Without objection, Mayor Dyda so ordered. ADJOURNMENT: At 11:24 P.M., Mayor Dyda adjourned the meeting. Attest: Acting City Clerk Mayor WACity Council Minutes\2016\20161101 DRAFT CC MINS.docx Draft City Council Minutes November 1, 2016 Page 13 of 13