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CC DM 20180501 B - 20180417 CC MINS DRAFTDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING APRIL 17, 2018 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 Brooks at 6:08 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; Bill Wynder, City Attorney; Gabriella Yap, Deputy City Manager; Teresa Takaoka, Deputy City Clerk, and Emily Colborn, City Clerk. PUBLIC COMMENTS: Deputy City Clerk Takaoka reported that there were no requests to speak. CLOSED SESSION ITEMS ANNOUNCED: City Attorney Wynder announced the items to be discussed in Closed Session. 1. 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. 2. INITIATION OF LITIGATION BY CITY GC 54956.9(d)(4) One (1) Potential Case. Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation. RECESS TO CLOSED SESSION (FIRESIDE ROOM): At 6:09 P.M., the Council recessed to Closed Session. DRAFT - City Council Minutes April 17, 2018 Page 2 of 11 RECONVENE TO STUDY SESSION (MCTAGGART HALL): At 6:59 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: Deputy City Clerk Takaoka 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. Mayor Brooks moved, seconded by Councilman Dyda, 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 7:09 P.M. the Study 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 Brooks at 7:09 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 DRAFT - City Council Minutes April 17, 2018 Page 3 of 11 Also present were Doug Willmore, City Manager; Gabriella Yap, Deputy City Manager; William W. Wynder, City Attorney; Deborah Cullen, Director of Finance; Ara Mihranian, Director of Community Development; Octavio Silva, Associate Planner; Elias Sassoon, Director of Public Works; Lauren Ramezani, Senior Administrative Analyst; Cory Linder, Director of Recreation and Parks; Teresa Takaoka, Deputy City Clerk; 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 two Palos Verdes High School students. CLOSED SESSION REPORT: City Attorney Wynder reported that with regards to Closed Session Items 1 and 2, matters were discussed with no reportable action taken. MAYOR’S ANNOUNCEMENTS: Mayor Brooks made the following announcements: recognized Staff for a successful Whale of the Day event; a Peninsula-wide community workshop on coyote management and the Wildlife Watch program will be held on April 18th hosted by the cities of Rancho Palos Verdes, Palos Verdes Estates and Rolling Hills Estates. The objective of the workshop was to raise awareness of this Wildlife Watch program administered by the California Department of Fish & Wildlife, and to recruit volunteers to launch the program on the Peninsula. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Brooks announced Recyclers of the Month from the April 3, 2018, City Council meeting: Jabob Belin and L.C. Lawton. 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: 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 DRAFT - City Council Minutes April 17, 2018 Page 4 of 11 PUBLIC COMMENTS: Deputy City Clerk Takaoka reported that there were seven requests to speak. Carol Muller, expressed concern with the cable service from Cox stating that the public access channel which televises the Sacramento government meetings has been eliminated. Debbie Landes, notified the Council that Green Hills has backed out of mediation efforts with the Verde Vista residents. In turn, the residents have reluctantly filed a lawsuit with the City. Ms. Landes also expressed concern with frequent disruptions from funeral proceedings and urged the Council to direct the Planning Commission to revoke Green Hill’s permit to operate. Sharon Loveys, stated that she had received a copy of the cancelled check for payment made by Green Hills and questioned if Green Hills should be granted entitlements while owing the City money. Lori Brown, thanked the Lomita Sheriff’s Department for ensuring that the equestrian trails are kept safe and raised several questions concerning the Green Hills Condition Use Permit in regards to the preservation of the Vista Verde resident’s views. Joanna Jones-Reed, echoed comments made by Ms. Brown and expressed her support for the Vista Verde residents. Matt Gyer, urged Council to take action over Green Hills entitlements and expressed his support for the Vista Verde residents. Mickey Rodich, expressed concern with overcrowding of parking at Ladera Linda Park and urged Council to remedy the issue with a parking overflow solution. CITY MANAGER REPORT: City Manager Willmore announced the following: thanked Staff for a successful Whale of a Day event; motorists are advised to expect traffic delays on Montemalaga Dr. between 8:30 AM to 5:00 PM, Thursday, April 19th; Meet the Goats event held at Point Vicente Interpretive Center, April 22nd, 11:00 AM – 2:00 PM; recruitment for one vacancy on the Traffic Safety Committee, visit City website for more information; Los Angeles County Medicines & Sharps Disposal event at Lomita Sheriff’s Station, April 28th, 10:00 AM – 2:00 PM. CONSENT CALENDAR: Deputy City Clerk Takaoka reported that late correspondence was distributed prior to the meeting regarding Item D. DRAFT - City Council Minutes April 17, 2018 Page 5 of 11 Mayor Pro Tem Duhovic moved, seconded by Councilman Dyda, to approve the Consent Calendar with Item D being pulled and heard at a future meeting. 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 February 20, 2018, Special City Council meeting (FAC Interviews) and March 6, 2018, Adjourned Regular City Council meeting (FAC Interviews). C. Register of Demands Adopt Resolution No. 2018-19, 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 the recordation of a Use Covenant and Restriction Running with the Land (i.e. deed restriction) on the Sunnyside Ridge Road Trail Segment as required by the Los Angeles County Regional Park and Open Space District. This item was pulled and continued to a future meeting. E. Consideration and possible action to approve Amendment No. 2 to the Professional Service Agreement with Interwest Consulting Group to increase the annual Agreement amount for on-call Building & Safety consulting services Approved Amendment No. 2 to the Professional Service Agreement with Interwest Consulting Group to increase the annual Agreement amount for Building & Safety consulting services. F. Consideration and possible action to oppose Assembly Bill No. 1912 regarding joint powers authorities and pension liability. DRAFT - City Council Minutes April 17, 2018 Page 6 of 11 Authorized the Mayor to sign a letter to Assembly Member Rodriguez in opposition to Assembly Bill No. 1912 (AB 1912) regarding joint powers authorities and pension liability. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: None. PUBLIC HEARINGS: 1. Consideration and possible action to introduce an ordinance to amend Chapter 17.60 (Conditional Use Permit) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code to clarify a compliance review process for conditional use permits and to adopt a resolution amending the City’s Master Schedule of Fees and Charges for City Services to add a new fee to process such reviews (CASE NO. ZON2017-00595). Deputy City Clerk Takaoka reported that notice of the public hearing was duly published, there were no written protests received, and there were no requests to speak. Octavio Silva, Associate Planner, presented a brief staff report and Powerpoint presentation. Mayor Brooks declared the public hearing open; with no requests to speak, Mayor Brooks declared the public hearing closed. Discussion ensued among Council Members and Staff. Mayor Pro Tem Duhovic moved, seconded by Councilman Alegria, to (1) Introduce Ordinance No. 606, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 17.60 (CONDITIONAL USE PERMIT) TO CLARIFY THAT THE FINAL DECIDING BODY, UNLESS EXPRESSLY STATED IN THE ADOPTED CONDITIONS OF APPROVAL, SHALL CONDUCT COMPLIANCE REVIEWS OF CONDITIONAL USE PERMITS; and, (2) Adopted Resolution No. 2018-20, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 2010-77 TO AMEND THE MASTER SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES TO ADD A NEW COMPLIANCE REVIEW FEE AND ASSOCIATED TRUST DEPOSIT FOR CONSULTANT SERVICES, as amended. Section 3 was amended to read as follows: Section 3: The City Council hereby finds that the new fee of $2,950, which is based on an average estimate of up to 25 hours of Staff time at a fully-burden hourly rate of approximately $118 for a Project Planner classification, does not exceed the cost to the City of processing a Compliance Review application, and the requirement to establish a DRAFT - City Council Minutes April 17, 2018 Page 7 of 11 trust deposit to cover staff time exceeding 25 hours, if applicable and the actual cost associated with consultant services, such as, but not limited to, the City Attorney, City Engineer, Traffic Engineer and other Consultants charged against a trust deposit. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None 2. Consideration and possible action to initiate a General Plan Land Use Map and Zoning Map Amendment to annex three (3) properties on Rue Le Charlene in the City of Los Angeles. Deputy City Clerk Takaoka reported that notice of the public hearing was duly published, there were no written protests received, and there were no requests to speak. Octavio Silva, Associate Planner, presented a brief staff report and Powerpoint presentation. Mayor Brooks declared the public hearing open; with no requests to speak, Mayor Brooks declared the public hearing closed. Discussion ensued among Council Members and Staff. Councilman Dyda moved, seconded by Mayor Pro Tem Duhovic, to initiate a General Plan Land Use Map and Zone Change Amendment to annex the properties at 1908, 1910, and 1912 Rue Le Charlene in the City of Los Angeles (Case No. PLGP2018- 0001). The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None REGULAR BUSINESS: 3. Consideration and possible action to appoint William W. Wynder, Esq., of the law firm of Aleshire & Wynder, LLP, as City Attorney and Counsel to the City of Rancho Palos Verdes and its subordinate and affiliated entities. Deputy City Clerk Takaoka reported that there was one request to speak. Doug Willmore, City Manager, presented a staff report. DRAFT - City Council Minutes April 17, 2018 Page 8 of 11 Mickey Rodich, expressed concern with additional costs incurred by employing an additional City Attorney. City Manager Willmore clarified that Mr. Wynder was not an additional City Attorney rather would be replacing Mr. Aleshire as the City Attorney given the increasing administrative and other demands on Mr. Aleshire and his legal practice. Discussion ensued among Council Members and Staff. Mayor Pro Tem Duhovic moved, seconded by Councilman Dyda, to adopt Resolution No. 2018-21, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING THE DESIGNATION OF CITY ATTORNEY. 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 adopt a resolution authorizing the creation of a City Council Ad Hoc Subcommittee, and further authorizing and directing the issuance of subpoenas commanding the production of public records in the possession, custody, or control of former Mayor Brian Campbell in response to multiple Public Records Act requests, and authorizing the Mayor to execute the same. Deputy City Clerk Takaoka reported there were no requests to speak. Bill Wynder, City Attorney, presented a staff report and PowerPoint presentation. Discussion ensued among Council Members and Staff. It was announced that the ad hoc subcommittee will be comprised of Mayor Pro Tem Jerry Duhovic and Councilmember Eric Alegria, in conjunction with the City Attorney’s Office. Councilman Cruikshank moved, seconded by Councilman Dyda, to adopt Resolution No. 2018-22, A RESOLUTION OF THE COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AUTHORIZING THE CREATION OF AN AD HOC SUBCOMMITTEE AND AUTHORIZING AND DIRECTING THE ISSUANCE OF SUBPOENAS COMMANDING THE PRODUCTION OF CITY PUBLIC RECORDS STORED OR RETAINED ON THE PERSONAL ELECTRONIC DEVICES OF FORMER MAYOR BRIAN CAMPBELL IN RESPONSE TO MULTIPLE CALIFORNIA PUBLIC RECORDS ACT REQUESTS AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME. The motion passed on the following roll call vote: DRAFT - City Council Minutes April 17, 2018 Page 9 of 11 AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None 5. Consideration and possible action to award a Professional Services Agreement to Siemens Industry, Inc., to provide Professional Streetlight Program Services for the City of Rancho Palos Verdes Streetlight Program Deputy City Clerk Takaoka reported that there was two requests to speak. Elias Sassoon, Director of Public Works, presented a staff report and introduced Chris A. Vogt, P.E., Interwest Consulting Group, who presented a PowerPoint presentation overviewing the program. Mickey Rodich, inquired if feedback from other participating cities had been collected, evaluated, and considered. Noel Park, expressed his support for the project and urged Council to move forward with the Streetlight Program as presented. Discussion ensued among Council Members and Staff. Councilman Dyda moved, seconded by Councilman Alegria, to authorize the Mayor and City Clerk to execute a Professional Services Agreement with Siemens Industry, Inc. (Siemens) for an amount not to exceed $577,120.91, and a 10% contingency of $62,879.09 for a total of $640,000. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None 6. Consideration and possible action relating to the adoption of a resolution implementing comprehensive reasonable local rules and regulations for the administration of employer-employee relations under California’s Meyers- Milias-Brown Act (Gov’t. Code Sections 3500-3511). Deputy City Clerk Takaoka reported there was one request to speak. Bill Wydner, City Attorney, presented a brief staff report. Kit Fox, Vice President, Rancho Palos Verdes Employees Association, spoke in support of the Resolution being proposed and urged the Council to approve the item as presented. DRAFT - City Council Minutes April 17, 2018 Page 10 of 11 Discussion ensued among Council Members and Staff. Mayor Brooks moved, seconded by Mayor Pro Tem Duhovic, to adopt Resolution No. 2018-23, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, ADOPTING A COMPREHENSIVE POLICY PERTAINING TO COMMUNICATIONS AND RELATIONS BETWEEN THE CITY OF RANCHO PALOS VERDES AND ITS EMPLOYEES The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None 7. Consideration and possible action to introduce a revised ordinance adding Chapter 12.06 (“Regulation of Earth Hauling Operations”) to the Rancho Palos Verdes Municipal Code. Deputy City Clerk Takaoka reported there were no requests to speak. Elias Sassoon, Director of Public Works, presented a staff report and PowerPoint presentation. Discussion ensued among Council Members and Staff. Councilman Dyda moved, seconded by Councilman Alegria, to introduce Ordinance No. 607, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADDING CHAPTER 12.06 (REGULATION OF EARTH HAULING OPERATIONS) TO TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO REGULATE EARTH HAULING OPERATIONS IN THE CITY OF RANCHO PALOS VERDES The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER: None. FUTURE AGENDA ITEMS: Mayor Pro Tem Duhovic requested that Staff prepare a revised City Fee Schedule. DRAFT - City Council Minutes April 17, 2018 Page 11 of 11 Councilman Alegria requested a letter be drafted to the South Coast Air Quality Management District to sunset the use of hydrofluoric acid and modified hydrochloric acid at the Torrance and Wilmington Oil Refineries. CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. ADJOURNMENT: At 9:16 P.M., Mayor Brooks adjourned to 6:00 P.M. on April 26, 2018, for an Adjourned Regular meeting regarding the General Plan Update. /s/Susan Brooks Mayor Attest: /s/Emily Colborn City Clerk