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CC DM 20180619 B - 20180403 CC MINS DRAFTDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL ADJOURNED REGULAR/REGULAR MEETING APRIL 3, 2018 CALL TO ORDER: An Adjourned Regular meeting of the Rancho Palos Verdes City Council for the purpose of a Closed Session was called to order by Mayor Brooks at 5:33 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; 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 Manager Willmore announced the items to be discussed in Closed Session. 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION GC 54957 Title: City Attorney (Specialty position) 2. 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. 3. 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 5:34 P.M., the Council recessed to Closed Session. ADJOURN TO REGULAR MEETING: At 7:08 P.M. the Closed Session was adjourned 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 7:12 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; Elias Sassoon, Director of Public Works; Cory Linder, Director of Recreation and Parks; Kit Fox, Senior Administrative Analyst; 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 Captain Beringer. CLOSED SESSION REPORT: City Attorney Aleshire reported that with regards to Closed Session Items No. 1, 2, and 3, matters were discussed with no reportable action taken. DRAFT - City Council Minutes April 3, 2018 Page 2 of 9 MAYOR’S ANNOUNCEMENTS: 1. Presentation of DMV/Donate Life California Month Proclamation. Mayor Brooks declared the month of April 2018 as “DMV/Donate Life California Month” and encouraged residents to sign up with the Donate Life California Donor Registry when applying for or renewing their driver’s license or identification card at the California Department of Motor Vehicles. 2. Citizen of the Month presentation honoring Ray Mathys. This item was postponed to a future meeting. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Brooks announced Recyclers of the Month from the March 20, 2018, City Council meeting: Jacques Allewaert and Al Hong. 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 Councilman Cruikshank, 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 ten requests to speak. Roger Schamp, urged the City Council to send a letter to AQMD to phase out the use of hydrofluoric acid and modified hydrochloric acid at the Torrance and Wilmington Oil Refineries. Don Douthwright, Island View Homeowners Association, expressed concerns with the overpopulation of visitors at the Nature Preserve stating there’s ongoing problems with no parking, traffic, and trespassing. Mr. Douthwright suggested overflow parking locations and a fee to enter the Preserve. DRAFT - City Council Minutes April 3, 2018 Page 3 of 9 Gayleen Marmarelis, spoke on the impact of foot traffic on Island View residents stating as a homeowner she does not feel safe with the constant foot traffic at the trailhead stairs by her home and suggested a fence along the bluff. Debbie Landes, commented on the status of the ongoing matter with Green Hills and the Vista Verde residents. Sharon Loveys, announced that she submitted a public records request for a copy of the canceled check for payment from Green Hills per the Indemnification Agreement. Noreen Chambers, expressed concerns with parking issues at Island View. Roni Long, expressed several concerns with the Preserve stating that limited parking and poor signage has created matters worse for Island View residents. Ms. Long shared that the area is effected by trash, trespassers, and loud disturbances and requested that the signage at Island View be replaced to identify private property and direct visitors to enter the Preserve using the dedicated entrance at Del Cerro Park. Gary Long, expressed several concerns with the Preserve and the large amount of visitors on the weekends. Mr. Long made several suggestions to alleviate the impact on the residents. Mr. Long’s recommendations included adequate overflow parking elsewhere, having law enforcement or Park Rangers present in the morning to redirect traffic to alternative entrances; signage at Island View be replaced to identify private property and direct visitors to enter the Preserve using the dedicated entrance at Del Cerro Park; close Rattlesnake entrance; and posting information on the Land Conservancy website. Jeffery Robbins, expressed several concerns with the Preserve stating that the area is affected by trash, trespassers, traffic, and loud disturbances and urged the Council to move parking areas away from residential areas. Jerry Redman, expressed several concerns with the Preserve stating that Island View residents have lost a sense of privacy due to excessive foot traffic from visitors and urged the Council for a solution. CITY MANAGER REPORT: City Manager Willmore announced the following: Earth Day events in the City; Coastal Clean-Up Day; Water Reliability Project on Palos Verdes Drive; Traffic Safety Committee recruitment; and Whale of the Day event on April 14, 2018. DRAFT - City Council Minutes April 3, 2018 Page 4 of 9 CONSENT CALENDAR: Mayor Pro Tem Duhovic moved, seconded by Councilmember Dyda, to approve the Consent Calendar as presented. The motion passed on the following roll call vote: AYES: Brooks, Alegria, 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, Regular Meeting and March 6, 2018, Regular Meeting. C. Register of Demands Adopted Resolution No. 2018-17, 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 February 2018 Cash Balances/Monthly Treasurer’s Report. Received and filed the February 2018 Cash Balances/Monthly Treasurer’s Report. E. 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. Approved entering into an agreement with ECS Imaging, Inc. F. Consideration and possible action to authorize the City Clerk to file a Notice of Completion for the Residential Street Rehabilitation Project – Area 7, Phase I, Project No. 004917. (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 DRAFT - City Council Minutes April 3, 2018 Page 5 of 9 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 Sully-Miller Contracting Company, 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. G. Consideration and possible action to authorize the City Clerk to file a Notice of Completion for the Residential Street Rehabilitation Project – Area 7, Phase II, Project No. 004917. (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 retention payment to American Asphalt South, Inc., 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: None. PUBLIC HEARINGS: 1. Consideration and possible action to review the City’s film permit regulations and procedures, and to adopt a Film Permit Cancellation Fee. Councilmember Alegria disclosed his position as a Commissioner on the California Film Commission which is a nonpaid position and therefore has no financial investment. Deputy City Clerk Takaoka reported that notice of the public hearing was duly published, there were no written protests received, late correspondence was received and distributed prior to the meeting, and there were no requests to speak. Kit Fox, Senior Administrative Analyst 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 Cruikshank moved, seconded by Mayor Brooks, to Adopt Resolution No. 2018-18, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 2010-77 TO ADD A DRAFT - City Council Minutes April 3, 2018 Page 6 of 9 CANCELLATION FEE FOR FILM PERMIT APPLICATIONS TO THE MASTER SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES as amended: the cancellation fee shall be equal to the application fee. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None REGULAR BUSINESS: 2. Report of legal fees spent by the City as a result of Public Records Act requests made by former mayor Brian Campbell, or attempting to obtain compliance from Mr. Campbell for Public Records Act requests that sought emails to/from Mr. Campbell on his private email account. Deputy City Clerk Takaoka reported that late correspondence was received and distributed prior to the meeting and that there were three requests to speak. Dave Aleshire, City Attorney, presented a staff report. Michael Huang, spoke about his outstanding public records request to obtain City- related emails located on former Councilmember Brian Campbell’s private email accounts stating that Mr. Campbell has been unresponsive and noncompliant with the request. Tracy Burns, also spoke regarding her public records request that remains open due to former Councilmember Brian Campbell’s noncompliance. Carolynn Petru, urged the Council to continue efforts for obtaining emails from Mr. Campbell. Discussion ensued among Council Members and Staff. Councilman Alegria moved, seconded by Councilman Dyda, to receive and file the report. 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 3, 2018 Page 7 of 9 3. Consideration and possible action regarding access and parking options for Park Place at Del Cerro Park. Deputy City Clerk Takaoka reported that late correspondence was received and distributed prior to the meeting and that there was five requests to speak. Elias Sassoon, Director of Public Works presented a staff report and PowerPoint presentation. Barry Rodvellen, John Girardi, Brian Oney, Thomas Olson, Al Edgerton, all expressed concern with parking and traffic congestion at Park Place caused by visitors visiting the Nature Preserve and the effects it has on homeowners in the neighborhood. The residents suggested a fee for entering the Preserve; alternative trailhead entrances which could help eliminate traffic at Park Place; and spoke in support of Option No. 8. Discussion ensued among Council Members and Staff. Mayor Pro Tem Duhovic moved to approve Option No. 8 with parameters being established. Motion died for lack of second. Discussion continued among Council Members and Staff. Councilman Cruikshank moved, seconded by Mayor Brooks, to approve Option No. 3, as amended: Except for one (1) existing Americans with Disabilities Act (ADA) parking space, eliminate all 16 parking stalls along Park Place, and convert that area into green space at the expense of the City. Under this option, the 16 removed parking stalls would not be replaced. Councilmember Dyda offered a friendly amendment as follows: if possible in the future to provide a reasonable cost estimate to vacate the particular road. Mayor Pro Tem Duhovic also offered a friendly amendment as follows: that the cost of a gate, if installed be at the expense of the Park Place residents and for Staff to assess the location of the handicap parking to determine if it should be moved and made parallel. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None Mayor Brooks moved, seconded by Councilmember Cruikshank, to extend the meeting to 10:30 P.M. Without objection, Mayor Brooks so ordered. DRAFT - City Council Minutes April 3, 2018 Page 8 of 9 CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER: None. FUTURE AGENDA ITEMS: The following items were raised by Councilmembers as future agenda items: Mayor Brooks requested: Preserve parking enforcement at Del Cerro and a legal opinion from the City Attorney on AB54 Sanctuary Cities. Mayor Pro Tem Duhovic requested: nighttime parking at Crenshaw and Del Cerro. CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. ADJOURNMENT: At 11:01 P.M., Mayor Brooks adjourned to 6:00 P.M. on April 12, 2018, for an Adjourned Regular meeting. /s/Susan Brooks Mayor Attest: /s/Emily Colborn City Clerk DRAFT - City Council Minutes April 3, 2018 Page 9 of 9