CC DM 20171205 B - 20171108 CC MINS DRAFTDRAFT
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
NOVEMBER 8, 2017
CALL TO ORDER:
A Regular meeting of the Rancho Palos Verdes City Council for the purpose of a Closed
Session was called to order by Mayor Campbell at 6:04 P.M. at Fred Hesse Community
Park, McTaggart Hall, 29301 Hawthorne Boulevard, notice having been given with
affidavit thereto on file.
City Council roll call was answered as follows:
PRESENT: Brooks, Dyda, Duhovic, and Mayor Campbell
ABSENT: *Misetich (excused)
Also present were Doug Willmore, City Manager; Elena Gerli, Assistant City Attorney;
Gabriella Yap, Deputy City Manager; and Emily Colborn, City Clerk.
*Councilman Misetich arrived at 6:12 P.M.
PUBLIC COMMENTS:
City Clerk Colborn reported that there were no requests to speak.
CLOSED SESSION ITEMS ANNOUNCED:
Assistant City Attorney Gerli announced the items to be discussed in Closed Session.
1. POTENTIAL LITIGATION AGAINST THE CITY
GC 54956.9(d)(2) and (e)(3)
A point has been reached where, in the opinion of the legislative body of the local
agency on the advice of its legal counsel, based on existing facts and
circumstances, there is a significant exposure to litigation against the local agency,
based on a letter dated April 19, 2016, from Ted. K. Lippincott, legal counsel for
Mark Doddy, to Deputy City Manager Yap; a letter dated May 9, 2016, from Mr.
Lippincott to City Manager Willmore; and, a letter dated August 18, 2016, from Ted.
K. Lippincott, legal counsel for Maria Serrao, to Former Assistant City Attorney
Christina Burrows. A copy of the letters are on file in the City Clerk's Office.
2. POTENTIAL LITIGATION AGAINST THE CITY:
GC 54956.9(a), (d)(2), (e)(4)
A point has been reached where, in the opinion of the legislative body of the local
agency on the advice of its legal counsel, based on existing facts and
circumstances, there is a significant exposure to litigation against the local agency,
based on certain statements made by counsel for planning applicant Crown Castle
in open and public meetings threatening litigation on specific matters within the
responsibility of the legislative body.
RECESS TO CLOSED SESSION (FIRESIDE ROOM):
At 6:12 P.M., the Council recessed to Closed Session.
ADJOURN TO REGULAR MEETING:
At 7:10 P.M. the Closed Session was adjourn to the Regular meeting.
REGULAR MEETING — OPEN SESSION
CALL TO ORDER:
A Regular meeting of the Rancho Palos Verdes City Council was called to order by
Mayor Campbell at 7:16 P.M. at Fred Hesse Community Park, McTaggart Hall, 29301
Hawthorne Boulevard, notice having been given with affidavit thereto on file.
City Council roll call was answered as follows:
PRESENT: Brooks, Dyda, Misetich, Duhovic, and Mayor Campbell
ABSENT: None
Also present were Doug Willmore, City Manager; Gabriella Yap, Deputy City Manager;
Elena Gerli, Assistant City Attorney; Deborah Cullen, Director of Finance;
Ara Mihranian, Director of Community Development; So Kim, Deputy Director of
Community Development; Octavio Silva, Associate Planner; Elias Sassoon, Public
Works Director; Cory Linder, Director of Recreation and Parks; Katie Lozano,
Administrative Analyst; and Emily Colborn, 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 Elias Sassoon, Public Works Director.
CLOSED SESSION REPORT:
Assistant City Attorney Gerli reported that with regards to Closed Session Items #1 and
#2, matter was discussed with no reportable action taken.
MAYOR'S ANNOUNCEMENTS:
Mayor Campbell announced the following: November 7, 2017, General Municipal
Election semi-official results; Department of Toxic Substances Control (DTSC) public
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meeting to present the findings of DTSC's Preliminary Endangerment Assessment
(PEA) from 6:00 PM to 8:00 PM on Thursday, November 16th at the Point Vicente
Interpretive Center; re-election of Judy Mitchell to the South Coast Air Quality
Management District (AQMD); encouraged attendance at local Veteran's Day events;
acknowledged visit from Pee Wee Football League from Houston, Texas.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
Mayor Campbell announced Recyclers of the Month from the October 17, 2017, City
Council meeting: Margery Cartier and Bruno Vieri. 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 Misetich, to approve the
agenda as amended: agenda Item #5 will be heard before Item #2.
The motion passed on the following roll call vote:
AYES: Brooks, Dyda, Misetich, Duhovic, and Mayor Campbell
NOES: None
ABSENT: None
PUBLIC COMMENTS:
Tracy Burns, spoke regarding upcoming projects near Trump International and the need
for open communication between the project managers, City Staff, and the public;
spoke in opposition of a potential bike "expressway" in the area; and the need for
enforceable policies for elected officials regarding protocols to follow.
CITY MANAGER REPORT:
City Manager Willmore announced the following: Ring incentive program; South Coast
Air Quality Management District (SCAQMD) has issued a Residential No -Burn Alert for
Thursday, November 9th and Friday, November 10th; Palos Verdes Half Marathon, 10K
and 5K runs on Saturday, November 18, 2017; Abalone Cove Park Volunteer Day on
Sunday, November 26, 2017, from 9:00 A.M. to 12:00 P.M.
CONSENT CALENDAR:
City Clerk Colborn reported that late correspondence was distributed prior to the
meeting regarding Items E, K, and L and there was a request to speak on Item F.
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Councilwoman Brooks moved, seconded by Mayor Pro Tem Duhovic, to approve the
Consent Calendar with Item F removed and to be heard immediately after the Consent
Calendar and Item L removed and to be heard after Regular Business.
The motion passed on the following roll call vote:
AYES:
Brooks, Misetich, Dyda, Duhovic, and Mayor Campbell
NOES:
None
ABSENT:
None
A. 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.
B. Approval of Minutes
Approved the Minutes of the October 3, 2017, Regular meeting; October 17, 2017
Special meeting (EPC interviews); and October 17, 2017, Regular meeting.
C. Register of Demands
Adopted Resolution No. 2017-60, 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.
D. Consideration and possible action regarding the September 2017 Cash
Balances/ Monthly Treasurer's Report.
Received and filed the September 2017 Cash Balances/Monthly Treasurer's Report.
E. Consideration and possible action to receive and file the 2016 Annual Report
submitted by the Palos Verdes Peninsula Land Conservancy (PVPLC)
regarding its management activities for the Palos Verdes Nature Preserve.
Received and filed the 2016 PVPLC Annual Report.
F. Consideration and possible action to authorize the City Clerk to file a Notice of
Completion for the Hawthorne Blvd. Traffic Signal Synchronization and Site
Facilities Connectivity Projects.
This item was removed from the Consent Calendar for separate consideration.
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G. Consideration and possible action regarding a claim against the City by James
Loddengaard.
Rejected the claim and direct Staff to notify the claimant.
H. Consideration and possible action to authorize the City Clerk to file a Notice of
Completion for the Annual Sidewalk Repair Program FY16-17.
(1) Accepted the work as complete; (2) Authorized the City Clerk to file a Notice of
Completion with the Los Angeles County Registrar -Recorder's Office and, if no
claims are filed within 35 days after recordation, and upon the contractor posting an
acceptable warranty bond, notice the surety company to exonerate the Performance
Bond; and, (3) Authorized the Director of Public Works to release the 5% retention
payment in the amount of $9,999.95 to EBS General Engineering, 35 days after
recordation of the Notice of Completion, contingent upon no claims being filed on the
project and the contractor posting an acceptable warranty bond.
I. Consider Approval of Notice of Completion (NOC) for 2015 Storm Drain Lining
Project.
(1) Accepted the project as complete; (2) Authorized the City Clerk to file a Notice of
Completion for the project with the Los Angeles County Recorder; and if no claims
are filed within 35 days after recordation, and send a notice to the surety company to
exonerate the Performance Bond; and, (3) Authorized the Director of Public Works to
release the 5% construction retention payment to Southwest Pipeline & Trenchless
Corporation, 35 days after recordation of the Notice of Completion by the Los
Angeles County Recorder, contingent upon no claims being filed on the project, and
the contractor posting an acceptable warranty bond with the City.
J. Consideration and possible action to approve change order to the existing
construction contract with Sully -Miller Contracting Company to increase scope
of work to the Rehabilitation Project Cycle 1, Area 7.
Authorized a contract amendment in the amount of $416,687.00 to the current
construction contract for the residential roads rehabilitation project with Sully -Miller
Contracting Company changing the not -to -exceed total contract amount from
$1,419,331 to $1,836,018 to include the overlay of Crest Road East.
K. Consideration and possible action to amend the City's Salary Schedule and
Auto Allowance Schedule for Competitive, Management, Confidential and Part-
time Classifications, including the rescission and replacement of the Salary
Schedule in Resolution No. 2017-41.
Adopted Resolution No. 2017-61, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, REVISING THE SALARY AND HOURLY SCHEDULE FOR THE
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COMPETITIVE, CONFIDENTIAL, MANAGEMENT AND PART-TIME
CLASSIFICATIONS; AND RESCINDING AND REPLACING RESOLUTION NO.
2017-41
L. Consideration and possible action to amend the City's Memorandum of
Understanding with the Rancho Palos Verdes Employee Association to revise
the dates upon which employees can cash out their earned but unused
vacation leave.
This item was removed from the Consent Calendar for separate consideration.
CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT:
F. Consideration and possible action to authorize the City Clerk to file a Notice of
Completion for the Hawthorne Blvd. Traffic Signal Synchronization and Site
Facilities Connectivity Projects.
This item was removed from the Consent Calendar for separate consideration.
City Clerk Colborn reported that there was one request to speak.
Mickey Rodich, spoke in regards to the Notice of Completion stating that he has not
experienced any significant improvements in either traffic flow or with the broadcast
quality of the City Council meetings.
Discussion ensued among Council Members and Staff.
Mayor Pro Tem Duhovic moved, seconded by Councilwoman Brooks, to (1) accept the
work as complete; (2) authorize the City Clerk to file a Notice of Completion with the Los
Angeles County Registrar -Recorder's Office and, if no claims are filed within 35 days
after recordation, and upon the contractor posting an acceptable warranty bond, notice
the surety company to exonerate the Performance Bond; and, (3) authorize the Director
of Public Works to release the 5% retention payment in the amount of $40,916.77 to
Pro -Tech Engineering, 35 days after recordation of the Notice of Completion, contingent
upon no claims being filed on the project and the contractor posting an acceptable
warranty bond.
The motion passed on the following roll call vote:
AYES:
Brooks, Dyda, Misetich, Duhovic and Mayor Campbell
NOES:
None
ABSENT:
None
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PUBLIC HEARINGS:
1. Consideration and possible action to adopt ordinances to amend Title 17 and
Title 5 of the Rancho Palos Verdes Municipal Code to prohibit commercial
marijuana activities throughout the City (Case No. ZON2017-00430)
City Clerk Colborn reported that notice of the public hearing was duly published, there
were no written protests received, and there were no requests to speak.
So Kim, Deputy Director of Community Development, presented a brief staff report.
Mayor Campbell declared the public hearing open; with no requests to speak, Mayor
Campbell declared the public hearing closed.
Discussion ensued among Council Members and Staff.
Mayor Pro Tem Duhovic moved, seconded by Councilman Dyda, to (1) Adopt
Ordinance No. 600 U, AN URGENCY ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES AMENDING TITLE 17 (ZONING) OF THE RANCHO PALOS
VERDES MUNICIPAL CODE BY ADDING NEW SECTIONS 17.08.046, 17.12.025,
17.26.035, 17.32.055, 17.34.045, 17.44.045, 17.96.445, AND 17.96.1195 TO
PROHIBIT COMMERCIAL MARIJUANA ACTIVITIES THROUGHOUT THE CITY, AND
FINDING AN EXEMPTION FROM CEQA (CASE NO. ZON2017-00430);
(2) Adopt Ordinance No. 601 U, AN URGENCY ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES ADDING A NEW CHAPTER 5.33 (COMMERCIAL
MARIJUANA ACTIVITIES PROHIBITED) TO TITLE 5 (BUSINESS TAXES, LICENSES
AND REGULATIONS) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO
PROHIBIT THE ISSUANCE OF BUSINESS LICENSES FOR ALL COMMERCIAL
MARIJUANA ACTIVITIES IN THE CITY;
(3) Introduce Ordinance No. 602, AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES AMENDING TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE BY ADDING NEW SECTIONS 17.08.046, 17.12.025, 17.26.035,
17.32.055, 17.34.045, 17.44.045, 17.96.445, AND 17.96.1195 TO PROHIBIT
COMMERCIAL MARIJUANA ACTIVITIES THROUGHOUT THE CITY, AND FINDING
AN EXEMPTION FROM CEQA (CASE NO. ZON2017-00430); and,
(4) Introduce Ordinance No. 603, AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES ADDING A NEW CHAPTER 5.33 (COMMERCIAL MARIJUANA ACTIVITIES
PROHIBITED) TO TITLE 5 (BUSINESS TAXES, LICENSES AND REGULATIONS) OF
THE RANCHO PALOS VERDES MUNICIPAL CODE TO PROHIBIT THE ISSUANCE
OF BUSINESS LICENSES FOR ALL COMMERCIAL MARIJUANA ACTIVITIES IN THE
CITY.
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The motion passed on the following roll call vote:
AYES:
Brooks, Dyda, Misetich, Duhovic and Mayor Campbell
NOES:
None
ABSENT:
None
REGULAR BUSINESS:
2. Consideration and possible action to adopt an urgency ordinance and initiate
code amendment proceedings to amend Chapter 17.96 (Definitions) of Title 17
(Zoning) of the City's Municipal Code to expand the definition of a Short -Term
Rental (Case No. ZON2017-00486).
City Clerk Colborn reported that late correspondence was received and distributed prior
to the meeting and that there were three requests to speak.
Octavio Silva, Associate Planner, presented a staff report.
Mickey Rodich, pointed out that Short -Term Rentals are allowed in the Coastal
Commission zone within the City and the Ordinance should reflect that information.
Tracy Burns, offered some edits to the proposed Ordinance including the deletion of the
last sentence in Section 2.
Carolynn Petru, also offered edits to the proposed Ordinance including the deletion of
the last sentence in Section 2.
Discussion ensued among Council Members and Staff.
Mayor Pro Tem Duhovic moved, seconded by Councilman Dyda, to (1) Adopt
Ordinance No. 604 U, AN URGENCY ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, CALIFORNIA, AMENDING CHAPTER 17.96 (DEFINITIONS) OF
TITLE 17 (ZONING) OF THE CITY'S MUNICIPAL CODE TO EXPAND THE CITY'S
DEFINITION OF A SHORT TERM as amended:
SECTION 2. Section 17.96.1705 is hereby modified to the Rancho Palos Verdes
Municipal Code to read, as follows (proposed additions are underlined and proposed
deletions are in strikethre g4): "Short-term rental" means a rental of a dwelling unit or part
of a dwelling unit to visitors where ledging is furnished for compensation for a period of
less than 30 days, except as allowed by Section 17.76.140 (Bed and Breakfast Inns), or
as may be expressly permitted by the City, for the purposes of lodging, weddings,
banquets, events, parties, or any other events or gatherings. "For compensation"
includes, but is not limited to, rental of the property for money, goods, or services, as well
as in-kind exchanges of goods, services, or premises. 4 Shert torn, rentals" do not incli dee
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(2) Initiate Code Amendment proceedings to amend Chapter 17.96 of Title 17 to expand
the definition of a Short -Term Rental.
The motion passed on the following roll call vote:
AYES:
Brooks, Dyda, Misetich, Duhovic and Mayor Campbell
NOES:
None
ABSENT:
None
Per the re -order of the agenda, Mayor Campbell moved to Item #5.
5. Consideration and possible action relating to state imposed standards for
accessory dwelling units and newly enacted housing legislation.
City Clerk Colborn reported that there were two requests to speak
Elena Gerli, Assistant City Attorney, presented a staff report. Additionally, Councilman
Misetich relayed information received at a recent South Bay Cities Council of
Governments meeting regarding the efforts being made by the State of California to
potentially eliminate R1 Residential Zoning.
Discussion ensued among Council Members and Staff.
Carolynn Petru, spoke in support of forming or joining a coalition and efforts towards the
City becoming a Charter city and suggested the process be at a grass-roots level.
Tracy Burns, concurred with Ms. Petru's comments.
Councilman Misetich moved, seconded by Mayor Campbell, to (1) set aside a
$1,000,000 fund to defend the City's local zoning authority. The Council will have
discretion of how the funds will be utilized; (2) form a coalition initially of peninsula cities
and expanding by allowing other cities to join the coalition; and (3) research into
becoming a Charter city to protect local zoning and local control.
Councilmember Dyda offered a friendly amendment to reserve $500,000 instead of the
proposed $1,000,000.
The maker and seconder of the motion accepted the friendly amendment to the motion.
Councilwoman Brooks moved a substitute motion, seconded by Mayor Pro Tem
Duhovic to bring forward to the incoming Council the concept of forming a Charter city
citizen advisory committee.
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The substitute motion failed on the following roll call vote:
AYES: Brooks and Duhovic
NOES: Dyda, Misetich, and Mayor Campbell
ABSENT: None
Mayor Campbell called for a roll call vote on the original amended motion, which is
reiterated as the following: Councilman Misetich moved, seconded by Mayor Campbell,
to (1) set aside a $500,000 fund to defend the City's local zoning authority. The Council
will have discretion of how the funds will be utilized; (2) form a coalition initially of
peninsula cities and expanding by allowing other cities to join the coalition; and (3)
research into becoming a Charter city to protect local zoning and local control.
The motion passed on the following roll call vote:
AYES: Dyda, Misetich, and Mayor Campbell
NOES: Brooks and Duhovic
ABSENT: None
Per the re -order of the agenda, Mayor Campbell moved to Item #3.
3. Consideration and possible action to appoint one member to the Emergency
Preparedness Committee (EPC).
City Clerk Colborn announced that ballots were distributed earlier in the evening to
appoint one member to the EPC.
Larry Maizlish, with interviews and an appointment to the Committee recently
conducted, Mr. Maizlish suggested appointing the person that received the second
highest votes.
After one round of balloting, Michael de los Reyes was appointed.
4. Consideration and possible action to adopt the City's Emissions Reduction
Action Plan (ERAP) to improve the City's sustainability by reducing
Greenhouse Gas (GHG) Emissions.
City Clerk Colborn reported that late correspondence was received and distributed prior
to the meeting and that there were no requests to speak.
Octavio Silva, Associate Planner, presented a staff report and PowerPoint presentation.
Discussion ensued among Council Members and Staff.
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Mayor Pro Tem Duhovic moved, seconded by Councilman Dyda, to defer the item back
to Staff with changes and bring back for Council's consideration at the December 19,
2017, meeting.
The motion passed on the following roll call vote:
AYES:
Brooks, Dyda, Misetich, Duhovic and Mayor Campbell
NOES:
None
ABSENT:
None
CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER:
L. Consideration and possible action to amend the City's Memorandum of
Understanding with the Rancho Palos Verdes Employee Association to revise
the dates upon which employees can cash out their earned but unused
vacation leave.
This item was removed from the Consent Calendar for separate consideration.
Gabriella Yap, Deputy City Manager, presented a staff report.
Discussion ensued among Council Members and Staff. Ms. Yap clarified that this was
the first not the second amendment to Memorandum of Understanding.
Councilwoman Brooks moved, seconded by Mayor Pro Tem Duhovic, to adopt
Resolution No. 2017-62, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING AND ADOPTING THE FIRST AMENDMENT TO THE MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY OF RANCHO PALOS VERDES AND
THE RANCHO PALOS VERDES EMPLOYEE ASSOCIATION as amended. The
second paragraph to Exhibit A shall read as follows:
Employees may submit a request for vacation cash out during the months identified
below. Vacation cash out requests received during the first week of the months specified
(March/June/September/November DeGe r e ) shall be paid out on the last payday of the
month and in which the request was received. Each request that is submitted within the
specified time frame shall be evaluated individually to ensure the employee meets the
payout eligibility criteria set forth herein. Eligible employees shall be paid for any
accumulated and unused vacation leave they have requested and to which they are
entitled on the last pay day of the respective month. Said cash payment shall be at the
employee's then current rate of pay.
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The motion passed on the following roll call vote:
AYES:
Brooks, Dyda, Misetich, Duhovic and Mayor Campbell
NOES:
None
ABSENT:
None
FUTURE AGENDA ITEMS:
Mayor Pro Tem Duhovic requested that Staff look into prohibiting nighttime parking by
the Del Cerro Park area. The request was forwarded to him by the HOA.
CITY COUNCIL ORAL REPORTS:
Each Council Member present reported on his/her attendance at various organization
and association meetings.
ADJOURNMENT:
At 9:56 P.M., Mayor Campbell adjourned the meeting.
Attest:
/s/Emily Colborn
City Clerk
/s/Brian Campbell
Mayor
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