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CC MINS 20180306 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MARCH 6, 2018 CALL TO ORDER: A Regular meeting of the Rancho Palos Verdes City Council was called to order by Mayor Brooks at 6:06 P.M. at Fred Hesse Community Park, McTaggart Hall, 29301 Hawthorne Boulevard. 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 Teresa Takaoka, Deputy City Clerk. PUBLIC COMMENTS: Deputy City Clerk Takaoka 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. INITIATION OF LITIGATION BY CITY GC 54956.9(d)(4) Two (2) Potential Cases. Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation. Two (2) items. 2. 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 Interviews and then Closed Session. • Finance Advisory Committee Applicant Jessica Vlaco was interviewed at this time just prior the Closed Session. (from 5:36 P.M to 6:18 P.M.) ADJOURN TO REGULAR MEETING: At 7:09 P.M. the meeting was adjourned to the Regular meeting. City Council Minutes Regular Meeting March 6, 2018 Page 1 of 10 REGULAR MEETING CALL TO ORDER: A Regular meeting of the Rancho Palos Verdes City Council was called to order by Mayor Brooks at 7:09 P.M. at Fred Hesse Community Park, McTaggart Hall, 29301 Hawthorne Boulevard. 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; Octavio Silva, Associate Planner; Elias Sassoon, Public Works Director; Cory Linder, Director of Recreation and Parks; Daniel Trautner, Deputy Director of Public Works; and Teresa Takaoka, Deputy City Clerk. Also present was Sergeant Doug Shive, Lomita Station, Los Angeles County Sheriff's Department. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilman Dyda. CLOSED SESSION REPORT: City Attorney Aleshire reported that with regards to Items 1, only one matter was discussed with no reportable action taken. With regards to item 2, this matter was not completed but the City Council may decide to reconvene to closed session at the conclusion of this evenings regular meetings. MAYOR'S ANNOUNCEMENTS: Mayor Brooks noted Councilman Cruikshank recently celebrated his 25th wedding anniversary. Mayor Brooks noted her participation in a recent meeting held by the California State Lands Commission at the Point Vicente Interpretive Center regarding the proposed artificial reef off the coast of Rancho Palos Verdes. Mayor Brooks announced that the City's Founders Day Celebration will be held on the September 7, 2018, to coincide with the actual date the City was incorporated. Mayor Brooks announced that tonight's meeting would be adjourned in memory of a young student who died earlier in the day at Dodson Middle School. City Council Minutes Regular Meeting March 6, 2018 Page 2 of 10 RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Brooks announced Recyclers of the Month from the February 20, 2018, City Council meeting: Richard and Lois Cowan; and Mark Karmelich. She indicated that all winners receive a check for $250 and urged everyone to participate in the City's Recycling Program. She 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 Dyda moved, seconded by Mayor Pro Tem Duhovic, 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: Deputy City Clerk Takaoka reported that there were no requests to speak. CITY MANAGER REPORT: City Manager Willmore announced the following: preparations for the City's Annual Whale of a Day event scheduled for March 10th may be postponed due to rain/inclement weather; and, the City is currently recruiting for a special vacancy on the Infrastructure Management Advisory Committee. CONSENT CALENDAR: Deputy City Clerk Takaoka reported that there were two requests to speak on Item G and late correspondence was distributed prior to the meeting regarding Item H. Discussion ensued among Council Members and Staff. Mayor Pro Tem Duhovic moved, seconded by Councilman Dyda, to approve the Consent Calendar with Item D removed from the agenda and to be brought back at a future date; Items F and H to be heard at the end of the Regular Business; and for Item G to be heard immediately after approval of the Consent Calendar. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks City Council Minutes Regular Meeting March 6, 2018 Page 3 of 10 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 February 6, 2018, Special City Council Meeting (Planning Commission Interviews). C. Register of Demands Adopted Resolution No. 2018-11, 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 to approve an agreement for $34,989.25 with ECS Imaging, Inc. to implement a mirror appliance for the City's existing California "Trusted Systems" document backup system. (Landon) This item was removed from the Consent Calendar for separate consideration at a future meeting. E. Consideration and possible action regarding the January 2018 Cash Balances/Monthly Treasurer's Report Received and filed the January 2018 Cash Balances/Monthly Treasurer's Report. F. Consideration and possible action to receive and file design changes for 8 of the 12 locations on the FY17-18 Community Development Block Grant (CDBG) Project Received and filed the design changes for the FY17-18 CDBG Project. G. Consideration and possible action to approve an agreement with Green Hills Memorial Park to contribute to the City $315,000 to the $515,000 settlement paid to the Vista Verde homeowners, reducing the City's contribution to $200,000 This item was removed from the Consent Calendar for separate consideration. H. Report on closed session action taken by the City Council on February 20, 2018, and ratified regarding representation of former Mayor Brian Campbell in City Council Minutes Regular Meeting March 6, 2018 Page 4 of 10 a deposition by Green Hills in the matter of Sharon Loveys v. City of Rancho Palos Verdes, Case No. BC629637 This item was removed from the Consent Calendar for separate consideration. I. Consideration and possible action to authorize the City Clerk to file a Notice of Completion for the Pedestrian Safe Bus Stop Linkage on Hawthorne Boulevard Project No. 018515; Federal Project No. CML-5413(013) 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 retention payment to California Landscape & Design, 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. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: G. Consideration and possible action to approve an agreement with Green Hills Memorial Park to contribute to the City $315,000 to the $515,000 settlement paid to the Vista Verde homeowners, reducing the City's contribution to $200,000 Deputy City Clerk Takaoka reported that there were two requests to speak. Debbie Landes, commented on the Green Hills Memorial Park and noted incongruent statements in the Letter Agreement. Sharon Loveys, commented on Green Hills Memorial Park and other possible outcomes that could have been contemplated or considered. Discussion ensued among Council Members and Staff. Mayor Pro Tern Duhovic moved, seconded by Councilman Cruikshank, to approve the letter agreement settlement with Green Hills Memorial Park with edits as noted by Mayor Pro Tern Duhovic. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None PUBLIC HEARINGS: None. City Council Minutes Regular Meeting March 6, 2018 Page 5 of 10 REGULAR BUSINESS: 1. Consideration and possible action to receive and file the FY16-17 Comprehensive Annual Financial Report (CAFR) of the City of Rancho Palos Verdes. Director of Finance Cullen introduced Phil White, Partner of the firm Vavrinek, Trine and Day; and acknowledged Finance Staff: Vina Ramos, Accounting Supervisor; Trang Nguyen, Deputy Director of Finance; Jane Lin, Accountant; and Allan Kaufman, Senior Administrative Analyst Vavrinek Trine and Day Partner Phil White shared a PowerPoint presentation and noted key points from the independent auditor's report and the CAFR, as well as investments policies and estimates. Mr. White also shared that he had met with Mayor Pro Tem Duhovic and Councilman Cruikshank of the City's Audit Committee and had answered all questions the team had. Councilman Alegria inquired as to the pension tiers along with the reconciled pension report. Mr. White explained the multi-schedule of net pension liability and the level of different tiers that were put in place as of June 2017. Councilman Cruikshank commented that he found the footnotes very helpful and the statistic for the static/unchanged per capita income interesting. Discussion ensued among Council Members and Staff. Councilman Dyda moved, seconded by Councilman Alegria, to approve Staff recommendation to receive and file the FY16-17 Comprehensive Annual Financial Report (CAFR) of the City of Rancho Palos Verdes and Statements on Auditing Standards (SAS) 114 Letter from Independent Auditors to Those Charged with Governance. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None 2. Consideration regarding the FY 2017-18 Mid-year Financial Report and year- end estimates Finance Director Cullen presented a staff report and PowerPoint presentation. City Council Minutes Regular Meeting March 6, 2018 Page 6 of 10 She noted current expenditures, the budget and reserves, TOT projections, as well as the cost savings reflected due to employee vacancies and the offsets from using consultants for the time being to manage Public Works projects. Mayor Brooks inquired as to the costs associated with legal services. City Attorney Aleshire noted some increase in costs were due to processing the wireless cable/cell tower applications; the Doddy litigation matter; and numerous public record act requests. Finance Director Cullen noted the TOT transfer and the projected revenues appear to fall short, but Terranea was confident that they were close to their targeted projections. Discussion ensued among Council Members and Staff. Councilman Alegria moved, seconded by Mayor Brooks, to receive and file the FY 2017-18 Mid-year Financial Report. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None 3. Consideration and possible action to forward the 2017 Annual Report on the implementation of the Rancho Palos Verdes Housing Element to the appropriate State agencies Senior Planner Silva presented a staff report and PowerPoint presentation. Mayor Brooks noted Staff recommendations and inquired as to the effect this could have on the City's Charter initiative. Councilman Dyda noted the City incorporated to maintain local governance and local zoning control. Community Development Director Mihranian explained the City's need to establish new low income (RHNA) numbers to meet State requirements by 2021. Discussion ensued among Council Members and Staff. Councilman Alegria moved, seconded by Mayor Brooks, to approve staff recommendation to forward the City's Annual Report on the implementation of the Rancho Palos Verdes Housing Element during the 2017 calendar year to the Governor's Office of Planning and Research (OPR) and the Department of Housing City Council Minutes Regular Meeting March 6, 2018 Page 7 of 10 and Community Development (HCD); and, direct Staff to return at a later date with a report to consider initiated code amendment proceedings for certain sections of Title 17 (Zoning) of the City's Municipal Code based on the State's Housing Package at it relates to the Housing Element. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None 4 Consideration and possible action to forward the 2017 Annual Report on the implementation of the Rancho Palos Verdes General Plan to the appropriate State agencies Senior Planner Silva presented a staff report and PowerPoint presentation. Discussion ensued among Council Members and Staff. Mayor Pro Tem Duhovic moved, seconded by Councilman Cruikshank to approve staff recommendation to forward the City's Annual Report on the status of the implementation of the Rancho Palos Verdes General Plan during the 2017 calendar year to the Governor's Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD). The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None 5. Consideration and possible action to take positions regarding Proposition 68 ("Parks, Environment and Water Bond") and Proposition 69 ("Transportation Taxes and Fees Lockbox and Appropriations Limit Exemption Amendment") on the June 5, 2018, statewide ballot; and the possible repeal of SB 1 ("Road Repair and Accountability Act of 2017") on the November 6, 2018, statewide ballot Mayor Brooks briefly provided an overview of the recommendations proposed by the League of California Cities. Discussion ensued among Council Members and Staff. Councilman Cruikshank moved, seconded by Councilman Dyda, to decline support for Proposition 68; adopt Resolution No. 2018-12, A RESOLUTION OF THE CITY COUNCIL OF RANCHO PALOS VERDES IN SUPPORT OF PROPOSITION 69, THE City Council Minutes Regular Meeting March 6, 2018 Page 8 of 10 "TRANSPORTATION TAXES AND FEES LOCKBOX AND APPROPRIATIONS LIMIT EXEMPTION AMENDMENT"; and to support the repeal of SB 1. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, and Mayor Brooks NOES: Duhovic ABSENT: None CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER: F. Consideration and possible action to receive and file design changes for 8 of the 12 locations on the FY17-18 Community Development Block Grant (CDBG) Project. Elias Sassoon, Director of Public Works, provided a brief staff report and clarified the discrepancy of the description that addressed ADA compliancy versus simple barrier removals in certain areas (based on need or steepness of grade). Discussion ensued among Council Members and Staff. Councilman Dyda moved, seconded by Mayor Brooks, to return with information with other engineering drawings and to compile a list of more pressing areas needing the ADA compliancy. Staff clarified that although the monies are earmarked for ADA compliancy, the County understood and allowed the design changes in the steeper slopes and the City faced no liability issues. Discussion ensued among Council Members and Staff. Councilman Dyda made a substitute motion to approve Staff recommendation to receive and file the design changes for the FY17-18 CDBG Project. This motion was seconded by Mayor Pro Tem Duhovic. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None H. Report on closed session action taken by the City Council on February 20, 2018, and ratified regarding representation of former Mayor Brian Campbell in a deposition by Green Hills in the matter of Sharon Loveys v. City of Rancho Palos Verdes, Case No. BC629637. (Aleshire) Deputy City Clerk Takaoka reported that there was one request to speak. City Council Minutes Regular Meeting March 6, 2018 Page 9 of 10 Tracy Burns, commented on attorneys' costs associated with former Councilman Campbell's non responsiveness to multiple Public Records Act requests, as well as his inappropriate use of the City Seal and titles. She would appreciate the City Council taking appropriate legal measures at this time. Discussion ensued among Council Members and Staff. Mayor Brooks moved, seconded by Councilman Ken Dyda, to receive and file this report. Staff recommendation was not a motion, but rather a decision to affirm their unanimous vote to not represent Mr. Campbell. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT:None FUTURE AGENDA ITEMS: Mayor Brooks requested a closed session matter be added to the next City Council meeting agenda concerning potential litigation (CPRA Campbell). CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. ADJOURNMENT: At 9:27 P.M., Mayor Brooks adjourned in memory of a young student from Dodson Middle School. ** The meeting was reconvened to continue the City Attorney's evaluation. At 10:55 P.M. the meeting was adjourned with no reportable action taken in Closed Session. _./fir;9-1:11,-}%.---megA-9- yor Attest: CteLts15' — Deputy City Clerk • City Council Minutes Regular Meeting March 6, 2018 Page 10 of 10