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CC DM 20180206 B - 20180116 CC MINS DRAFTDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL SPECIAL/REGULAR MEETING JANUARY 16, 2018 CALL TO ORDER: A Special meeting of the Rancho Palos Verdes City Council for the purpose of a Closed Session was called to order by Mayor Brooks at 5:35 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: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks ABSENT: None Also present were Doug Willmore, City Manager; Dave Aleshire, City Attorney; Gabriella Yap, Deputy City Manager; and Emily Colborn, City Clerk. PUBLIC COMMENTS: City Clerk Colborn reported that there were no requests to speak. CLOSED SESSION ITEMS ANNOUNCED: City Attorney Aleshire 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. EXISTING LITIGATION GC 54956.9(d)(1) Existing litigation in the case of People of the State of California, by and through, the City of Rancho Palos Verdes v. David Milburn Leeper, Los Angeles Superior Court Case Number 7TR03854. DRAFT - City Council Minutes Special and Regular Meeting January 16, 2018 Page 1 of 12 3. INITIATION OF LITIGATION BY CITY GC 54956.9(d)(4) Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation. 4. INITIATION OF LITIGATION BY CITY GC 54956.9(d)(4) Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation. 5. 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 email communications from Mr. Michael Huang to the City Attorney and City Council, on miscellaneous dates including October 16, 2017, alleging that an email sent by Mayor Campbell dated October 4, 2017, regarding the November 7, 2017 election, impugned Mr. Huang's character and damaged his reputation, and demanding the City take an official position regarding the communication by Mayor Campbell. Significant exposure to litigation is further based on a cease and desist letter from Mr. Jeff Lewis to the City Attorney and City Clerk dated October 24, 2017, alleging that the urgency item placed on the October 17, 2017, closed session agenda, addressing Mr. Huang's communications as described herein, violated the Brown Act. The communications from Mr. Huang and Mr. Lewis are available for public inspection at the City Clerk's Office. 6. POTENTIAL LITIGATION AGAINST THE CITY GC 54956.9(d)(2) and (e)(2) 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 from Green Hills Memorial Park's attorney Ellen Berkowitz, dated December 4, 2017, relating to potential California Public Records Act violations by the City, former Mayor Brian Campbell, and Planning Commissioner David Tomblin. The letter is available for public inspection at the City Clerk's Office. 7. POTENTIAL LITIGATION AGAINST THE CITY GC 54956.9(d)(2) and (e)(2) 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 from Green Hills Memorial Park's attorney Ellen Berkowitz, dated December 21, 2017, regarding alleged bias against Green Hills by Planning Commissioner David Tomblin, and specifically relating to alleged bias by Commissioner Tomblin at a permit hearing on November 28, 2017, before the Planning Commission; as well as a request for an investigation relating to alleged DRAFT - City Council Minutes Special and Regular Meeting January 16, 2018 Page 2 of 12 suspected closed session leaks. The letter is available for public inspection at the City Clerk's Office. 8. PUBLIC EMPLOYEE PERFORMANCE EVALUATION GC 54957 Title: City Attorney (Specialty position) RECESS TO CLOSED SESSION (FIRESIDE ROOM): At 5:36 P.M., the Council recessed to Closed Session. RECONVENE TO STUDY SESSION (MCTAGGART HALL): At 7:20 P.M., the Council reconvened the meeting for a Study Session. STUDY SESSION PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA FOR THE STUDY SESSION: City Clerk Colborn reported that there were no requests to speak. DISCUSSION TOPICS: 1. Review of Tentative Agendas and Ongoing City Council Goals and Priorities Discussion ensued among Council Members and Staff regarding items on the upcoming City Council meeting agendas as listed on the tentative agendas. Councilman Dyda moved, seconded by Mayor Pro Tem Duhovic, to approve the tentative agendas as amended. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None ADJOURN TO REGULAR MEETING: At 7:28 P.M. the Study Session was adjourned to the Regular meeting. DRAFT - City Council Minutes Special and Regular Meeting January 16, 2018 Page 3 of 12 REGULAR MEETING — OPEN SESSION CALL TO ORDER: A Regular meeting of the Rancho Palos Verdes City Council was called to order by Mayor Brooks at 7:28 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: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks ABSENT: None Also present were Doug Willmore, City Manager; Gabriella Yap, Deputy City Manager; David Aleshire, City Attorney; Deborah Cullen, Director of Finance; Ara Mihranian, Director of Community Development; So Kim, Deputy Director of Community Development; Elias Sassoon, Public Works Director; Cory Linder, Director of Recreation and Parks; 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 Boy Scout Troop Leader Clifford Young. MAYOR'S ANNOUNCEMENTS: 1. Presentation to Boy Scout Troop 658 Mayor Brooks presented Boy Scout Troop 658 with a certificate for their hard work and dedication in the achievement of the Citizen in the Community Merit Badge. 2. Citizen of the Month presentation honoring Herb Stark Mayor Brooks presented Herb Stark with a Citizens' Award in recognition of his outstanding citizenship and dedicated service to the community. Mayor Brooks announced that tonight's meeting would be adjourned in memory of Sandy Nelson and expressed her deepest condolences to her family. CLOSED SESSION REPORT: City Attorney Aleshire reported that with regards to Items 1, 2, 5, and 6, a status report was given with no reportable action taken; Items 7 and 8, matters were discussed with no reportable action taken; and Items 3 and 4 were not discussed. DRAFT - City Council Minutes Special and Regular Meeting January 16, 2018 Page 4 of 12 RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Due to the holiday closure, the preparedness kit drawing was not conducted therefore no winners were announced. APPROVAL OF THE AGENDA: Mayor Pro Tem Duhovic moved, seconded by Councilman Dyda, to approve the agenda as presented. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None PUBLIC COMMENTS: City Clerk Colborn reported that there were six requests to speak. Jeff Calvagna, spoke of the progress being made with regards to the matter of cell towers. He commented that dramatic improvements have been made; cell towers are much smaller than originally proposed, poles have been placed underground, and towers located in neighborhoods have since been relocated. He also mentioned that efforts will continue to be made to prevent towers from being placed by residential homes which brings down the property value. Richard Meyer and Jess Meyer, expressed concern with the traffic congestion at Palos Verdes Drive South and the effects it would have during an emergency situation. Sharon Yarber, expressed concern with large bicycle groups traveling on main City streets and the dangerous conditions they create for drivers sharing the road with them. Carolynn Petru, made an announcement that a grassroots committee is forming in efforts to draft and propose a City Charter initiative to the Council. Sandra Valeri, also expressed concern with the traffic conditions at Palos Verdes Drive South and urged the Council to conduct a comprehensive traffic analysis. CITY MANAGER REPORT: City Manager Willmore announced the following: Emergency 9-1-1 service is now available via texting in Los Angeles County in an effort to assist those who are hearing and speech impaired or in a situation where dialing 9-1-1 is not possible; three remaining ALPR have been installed at designated intersections; Metro Cell Construction has been awarded the Hawthorne Arterial Wall Beautification project due DRAFT - City Council Minutes Special and Regular Meeting January 16, 2018 Page 5 of 12 to start in early February; Cave Trail and Sacred Cove View Trail have been closed until further notice for public safety reasons due to fallen rocks; Save the Date for City's 45t" Anniversary on Sunday, May 20, 2018, celebration event details will be forthcoming. CONSENT CALENDAR: City Clerk Colborn reported that late correspondence was distributed prior to the meeting regarding Item H. Mayor Pro Tem Duhovic moved, seconded by Councilman Alegria, to approve the Consent Calendar with Item D removed and to be heard after Regular Business. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks 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 December 5, 2017, and December 19, 2017, Regular City Council meetings. C. Register of Demands (1) Adopted Resolution No. 2018-01, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID (Check Run Date 12/15/17) ; and, (2) Adopted Resolution No. 2018-02, 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 (Check Run Date 12/21/17). D. Consideration and possible action regarding the annual Business License Tax. This item was removed from the Consent Calendar for separate consideration. E. Consideration and possible action to accept a donation from the Ginsburg family. DRAFT - City Council Minutes Special and Regular Meeting January 16, 2018 Page 6 of 12 Accepted the donation and directed Staff to prepare a letter of receipt to the Ginsburg family. F. Consideration and possible action to execute a Household Hazardous and Electronic Waste Collection Program Site Liability Agreement. Authorized the Mayor to execute a Household Hazardous and Electronic Waste Collection Program Site Liability Agreement with the County of Los Angeles and County Sanitation District No. 2. G. Consideration and possible action to approve a modified License Agreement to allow sewer improvements within the City's slope easement associated with the construction of a new single-family residence on private property located at 29425 Palos Verdes Drive East. Authorized the Mayor to sign a modified License Agreement to allow sewer improvements within the City's slope easement associated with the construction of a new single-family home on private property located at 29425 Palos Verdes Drive East. H. Consideration and possible action to support Senate Bill No. 786 regarding residential substance abuse treatment facilities. Authorized the Mayor to sign a letter to Senator Allen in support of Senate Bill No. 786 (SB 786) regarding residential substance abuse treatment facilities. I. Consideration and possible action to amend the Professional Services Agreement dated August 15, 2017, with Interwest Consulting Group to provide on-call Building & Safety consulting services. Approved an amendment to the two-year Professional Services Agreement with Interwest Consulting Group to provide on-call Building & Safety services until June 30, 2019, with an option for the City Manager to approve an extension of the Agreement for one additional year. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: None. PUBLIC HEARINGS: 1. Consideration and possible action regarding an appeal of the Planning Commission's approval of a Grading Permit application for Green Hills Memorial Park (ZON2017-00324). DRAFT - City Council Minutes Special and Regular Meeting January 16, 2018 Page 7 of 12 City Clerk Colborn reported that notice of the public hearing was duly published and posted, late correspondence was received and distributed prior to the meeting, and there were three requests to speak. So Kim, Deputy Director of Community Development, presented a staff report and Powerpoint presentation. Mayor Brooks declared the public hearing open; the following people spoke: Sharon Loveys, Appellant, spoke in opposition of the Grading Permit application for Green Hills Memorial Park stating that Green Hills has not met the Conditions of Approval that were agreed upon and urged the Council to deny the permit. Tom Frew, Green Hills General Manager, Applicant, spoke in support of granting a Grading Permit to Green Hills Memorial Park to enhance the park according to the guidelines established by the Council a year ago. Mr. Frew also presented grounds for approval to the City Council. Debbie Landes, spoke in opposition of granting the grading permit. With no other requests to speak, Mayor Brooks declared the public hearing closed. Discussion ensued among Council Members and Staff. Councilman Alegria moved, seconded by Councilman Dyda, to adopt Resolution No. 2018-03, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DECISION, THEREBY APPROVING A GRADING PERMIT TO ALLOW 41,200YD3 OF BALANCED GRADING TO ACCOMMODATE THE INSTALLATION OF VAULTS ASSOCIATED WITH EARTH INTERMENTS, 3' TALL WALLS, AND WATER FEATURES IN THE UNIMPROVED PORTIONS OF AREA 5 (ARROYO VISTA) OF THE MASTER PLAN FOR GREEN HILLS MEMORIAL PARK AT 27501 WESTERN AVENUE as amended. Exhibit `A' Conditions of Approval, General Condition No. 20 shall read as follows: 20. Prior to any grading permit final, the Applicant shall submit an as -built topographical survey and as -built grading volumes certified by a licensed engineer depicting the finished grades. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None DRAFT - City Council Minutes Special and Regular Meeting January 16, 2018 Page 8 of 12 Mayor Brooks called for a brief recess at 8:46 P.M. The meeting reconvened at 9:07 P.M. REGULAR BUSINESS: 2. Consideration and possible action to review and approve the Draft Feasibility Study to remediate the Portuguese Bend Landslide. City Clerk Colborn reported that late correspondence was received and distributed prior to the meeting and that there were 12 requests to speak. Deborah Cullen, Director of Finance, and Ara Mihranian, Director of Community Development, presented a brief staff report and introduced consultants, Steven Cullen and John Dodge from Daniel B. Stephens & Associates, Inc. Together they gave an overview of the Draft Feasibility Study and provided input on the recommended landslide remediation measures. Noel Park, spoke in support of the study and commented that a collaboration among the City Council, Land Conservancy, City Staff, and City Consultants needs to be in place in order for the process to be successful and produce a positive result. Eva Cicoria and Jim Rassler, urged the Council to consider the wildlife in the Preserve and to keep the land protected for its conservation values. Allen Franz, commented that he trusts that the final plan will present a balance between the ecological matters and hydro geotechnical issues which will result in a resolution that can be embraced by all the interested parties in the community. Randy Harwood, spoke in opposition of the item stating that the study lacked efforts to keep the land protected for its conservation values. Lowell Wedemeyer, reported that the IMAC is willing to present questions for the consultants to answer if it would be helpful to the Council. Barbara Ailor, expressed concern with the affects the remediation will have on the Preserve and the wildlife, particularly the grey foxes and their habitat. Cassie Jones, expressed her concerns with various elements of the study stating there were many data gaps but most importantly did not address habitat restoration. Judy Herman, expressed concern with the wildlife in the Preserve and the various data gaps in the hydrology study and effectiveness on the dewatering wells. Andrea Vona, Palos Verdes Peninsula Land Conservancy made suggestions to consider re -prioritizing the concept for the septic/sewer system as an item of higher DRAFT - City Council Minutes Special and Regular Meeting January 16, 2018 Page 9 of 12 priority and looking at the study the City of Los Angeles conducted on the White Point Landslide in San Pedro. Elizabeth Salas, recommended that the remediation process be taken in steps rather than as a whole and requested that greater efforts be taken to encourage community involvement. Ken Swenson, raised questions concerning the drilling and filling process of the channels and how to funnel the water into the ocean once the water reaches the sink area. Mayor Pro Tem Duhovic moved to extend the meeting to 10:30 P.M. Without objection, Mayor Brooks so ordered. Discussion ensued among Council Members and Staff. Based on the level of community interest and the number of public comments received, the City Council directed Staff to compile the public comments and provide responses for the City Council's consideration at a future meeting. The Council encouraged the public to submit their comments which will be provided to the Consultant (DBS&A) for responses. Public comments will be received between now and February 2, 2018. 3. Consideration and possible action relating to creating a Rules of Procedure document that incorporates existing Rules of Procedure and Council Protocols. City Clerk Colborn reported that late correspondence was received and distributed prior to the meeting. David Aleshire, City Attorney presented a staff report. Discussion ensued among Council Members and Staff. Councilman Alegria moved, seconded by Mayor Pro Tem Duhovic, to adopt Resolution No. 2018-04, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES REPEALING AND REPLACING THE CITY COUNCIL RULES OF PROCEDURE as amended. Section 16. Code of Conduct, Subsection 16.6 (e) shall read as follows: 16.6 Non Interference with Administration (e) Correspondence. Before sending any correspondence, City Councilmembers shall make an effort to check with staff to see if an official City response has already been sent or is in progress. DRAFT - City Council Minutes Special and Regular Meeting January 16, 2018 Page 10 of 12 The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None Mayor Pro Tem Duhovic moved to extend the meeting to 11:20 P.M. Without objection, Mayor Brooks so ordered. CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER: D. Consideration and possible action regarding the annual Business License Tax. This item was removed by Councilman Cruikshank from the Consent Calendar for separate consideration. Discussion ensued among Council Members and Staff. Councilman Cruikshank requested that the Business License Tax Ordinance be reviewed for possible amendments. Councilman Cruikshank moved, seconded by Councilman Dyda, to not increase the 2018 Business License Tax. The tax will remain unchanged from the 2017 rate. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None FUTURE AGENDA ITEMS: None. CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. Mayor Brooks announced the following changes to the 2018 City Council Assignments: Mayor Brooks will be serving on the Peninsula Regional Law Enforcement Committee instead of Councilman Dyda. Councilman Dyda and Councilman Cruikshank will be serving on the RFP & Contracts Subcommittee instead of Mayor Pro Tem Duhovic. Mayor Pro Tem Duhovic announced the passing of Dr. Ivan Nenadic and expressed his deepest condolences to his family. DRAFT - City Council Minutes Special and Regular Meeting January 16, 2018 Page 11 of 12 ADJOURNMENT: At 11:20 P.M., Mayor Brooks adjourned in memory of longtime resident Sandy Nelson. Attest: /s/Emily Colborn City Clerk /s/Susan Brooks Mayor DRAFT - City Council Minutes Special and Regular Meeting January 16, 2018 Page 12 of 12