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CC MINS 20180515 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MAY 15, 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 6:03 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 Also present were Doug Willmore, City Manager; Gabriella Yap, Deputy City Manager; William W. Wynder, City Attorney, 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. INITIATION OF LITIGATION BY CITY GC 54956.9(d)(4) A closed session is being held, pursuant to G.C. 54956.9(d)(4) because the City is considering whether to initiate litigation in one case. RECESS TO CLOSED SESSION (FIRESIDE ROOM): At 6:04 P.M., the Council recessed to Closed Session. RECONVENE TO STUDY SESSION (MCTAGGART HALL): At 7:05 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. Councilman Dyda moved, seconded by Councilman Alegria, 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 7:22 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 7:22 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; William W. Wynder, City Attorney; Deborah Cullen, Director of Finance; Trang Nguyen, Deputy Director of Finance; Ara Mihranian, Director of Community Development; Amy Seeraty, Associate Planner; Elias Sassoon, Director of Public Works; Cory Linder, Director of Recreation and Parks; Teresa Takaoka, Deputy City Clerk; and Emily Colborn, City Clerk. City Council Minutes May 15, 2018 Page 2 of 12 Also present was Captain Beringer, Lomita Station, Los Angeles County Sheriff's Department. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Trang Nguyen, Deputy Director of Finance. CLOSED SESSION REPORT: City Attorney Wynder reported that with regards to Closed Session Item 1, matter was discussed with no reportable action taken. MAYOR'S ANNOUNCEMENTS: Mayor Brooks announced the passing of Former RPV Mayor Larry Clark and Former California Governor George Deukmejian, and requested a moment of silence for RPV resident Susan Leeds. 1. Recognition of Public Works Week Mayor Brooks acknowledged the Public Works Staff for their hard work throughout the year and announced the City's shredding event being offered to all residents. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Brooks announced Recyclers of the Month from the May 1, 2018, City Council meeting: Arlene Zimmer and Yuichi Ito. 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 PUBLIC COMMENTS: Deputy City Clerk Takaoka reported that there were three requests to speak. City Council Minutes May 15, 2018 Page 3 of 12 Debbie Landes, expressed frustration with the Green Hills and Vista Verde matters speaking about current development activities at Green Hills and pending litigation. Ms. Landes thanked the City Council for their efforts in settling the matter and stated that mediation was strongly suggested by the presiding Judge of the case. Sharon Loveys, echoed comments made by Ms. Landes and announced the submittal of a public records request for fee totals associated with all three lawsuits. Lori Brown, spoke in support of the Vista Verde residents and expressed concern with the density at Green Hills stating the proposed developments at the park will cause major traffic congestion. CITY MANAGER REPORT: City Manager Willmore announced the following: National Public Works Week and acknowledged the Public Works Staff for their hard work throughout the year; Coyote Wildlife Watch Community Workshops; update on Ring incentive program, over 1,400 residents have participated; and relayed information regarding the one day delay for trash pickup due to the Memorial Day holiday. CONSENT CALENDAR: Deputy City Clerk Takaoka reported that late correspondence was distributed prior to the meeting regarding Items D, F, H, and N and there were requests to speak on Item H. Mayor Brooks moved, seconded by Mayor Pro Tem Duhovic, to approve the Consent Calendar with Item H removed and to be heard immediately after the Consent Calendar and Items F and G 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 April 26, 2018, Adjourned Regular meeting. City Council Minutes May 15, 2018 Page 4 of 12 C. Register of Demands (1) Adopted Resolution No. 2018-26, 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 04/20/18), and; (2) Adopted Resolution No. 2018-27, 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 05/04/18) D. Consideration and possible action to approve the agreement with All City Management Services for school crossing guard services for three years, from the 2018-19 through 2020-21 school years, including summer school sessions. (1) Approved the agreement with All City Management Services (AGMs) to provide crossing guard services at Dodson Middle School, Miraleste Intermediate School, Ridgecrest Intermediate School, and Silver Spur Elementary School during the school year and applicable summer school sessions for: a. 2018-19: $74,300 with a contingency of$3,000, for a total of$77,300; b. 2019-20: $79,950 with a contingency of$4,000, for a total of$83,950; c. 2020-21: $86,000 with a contingency of$5,000 for a total of$91,000; and, (2) Authorized the Mayor and the City Clerk to execute the agreement. E. Consideration and possible action to accept the Parkland Dedication (Quimby) Fee for Final Vesting Parcel Map No. 72658 (Case No. SUB2014-0003). Accepted the Parkland Dedication (Quimby) Fee for Final Vesting Parcel Map No. 72658 in the amount of$38,222.86. F. Consideration and possible action to send a letter to the South Coast Air Quality Management District(AQMD) regarding the use of hydrofluoric acid (HF) and modified hydrofluoric acid (MHF) at refineries in Torrance and Wilmington. This item was removed from the Consent Calendar for separate consideration. G. Consideration and possible action to award a construction agreement to FenceCorp, Inc., for the construction of Coastal Bluff Fencing Phase II project, and to enter into an agreement for professional services with Sunbeam Consulting for inspection services. This item was removed from the Consent Calendar for separate consideration. City Council Minutes May 15, 2018 Page 5 of 12 H. Consideration and possible action to approve the professional service contract for the printing of the quarterly City Newsletter and Recreation Insert for the remainder of fiscal year 2017-2018 for a total of$8,500. This item was removed from the Consent Calendar for separate consideration. I. Consideration and possible action authorizing an amendment to the Traffic Signal Maintenance Contract agreement with Econolite Systems. Authorized Amendment No. 1 to the Traffic Signal Maintenance Contract agreement with Econolite Systems to increase the contract by $129,000. J. Consideration and possible action to accept Gifts for Parks donations. Accepted Gifts for Parks donations and direct Staff to prepare donor letters of appreciation for the Mayor's signature. K. Consider second reading and adoption of Ordinance No. 607, which ordinance will have the legal effect of amending only Section 12.06.030 of Chapter 12.06 ("Regulation of Earth Hauling Operations") of the Rancho Palos Verdes Municipal Code. Adopted 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" which has the legal effect of amending previously enacted Chapter 12.06 of the Rancho Palos Verdes Municipal Code. L. Consideration and possible action to receive and file "Independent Accountants' Report on Agreed-Upon Procedures (AUP) Performed with Respect to City Employee Compensation, for the calendar year ended December 31, 2017. Received and filed documents related to the City Employee Compensation and Benefit Analysis Report for 2017. M. Consideration and possible action to award a Contract Services Agreement to White Nelson Diehl Evans, LLP for general auditing services for a term of three (3) years with the option of two (2) additional one-year extensions. (1) Authorized the award of contract with White Nelson Diehl Evans, LLP for Professional Auditing Services for$52,975 for FY17-18 (Year 1), $52,975 for FY18-19 (Year 2), $54,040 for FY19-20 (Year 3) with the option of two (2) additional one-year extensions $55,120 for FY20-21 (Year 4) and $56,225 for FY21-22 (Year 5) and; (2) Authorized the Mayor and City Clerk to execute the Contract Services Agreement with White Nelson Diehl Evans, LLP in a form approved by the City Attorney. City Council Minutes May 15, 2018 Page 6 of 12 N. Consideration and possible action to oppose Senate Bill No. 1302 regarding cannabis delivery services. Authorized the Mayor to sign a letter to Senator Lara in opposition to Senate Bill No. 1302 (SB 1302) regarding cannabis delivery services. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: H. Consideration and possible action to approve the professional service contract for the printing of the quarterly City Newsletter and Recreation Insert for the remainder of fiscal year 2017-2018 for a total of$8,500. This item was removed from the Consent Calendar for separate consideration. Deputy City Clerk Takaoka reported that there were two requests to speak. Herb Stark, stated City events publicized on social media brings out excessively large crowds and urged the Council to stop using social media as method for advertising City events. Donald Bell, Ladera Linda HOA, spoke in support of the newsletter however stated that using alternative communication methods such as social media are drawing in large crowds which ultimately impact the community negatively. Discussion ensued among Council Members and Staff. Councilman Cruikshank moved, seconded by Councilman Alegria, to authorized the Mayor to execute the professional services agreement with Marina Graphic Center for the production of the summer 2018 City Newsletter and Recreation insert for a total of $8,500. Mayor Pro Tem Duhovic offered a friendly amendment to (1) reduce/limit advertising of City sponsored recreation activities on social media (Facebook); and, (2) no advertising of City sponsored recreation activities on social media (Facebook) at Ladera Linda and Del Cerro Park. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None PUBLIC HEARINGS: 1. Consideration and possible recommendation to approve EDCO's Residential Solid Waste and Recycling rate increase request for FY 18-19. City Council Minutes May 15, 2018 Page 7 of 12 Deputy City Clerk Takaoka reported that notice of the public hearing was duly published, late correspondence was received and distributed prior to the meeting, and there were no requests to speak. Mayor Brooks declared the public hearing open. Lauren Ramezani, Senior Administrative Analyst presented a brief staff report and PowerPoint presentation. With no requests to speak, Mayor Brooks declared the public hearing closed. Discussion ensued among Council Members and Staff. Councilman Cruikshank moved, seconded by Councilman Dyda, to approve EDCO's Residential Solid Waste and Recycling rate increase request of 4.12% for FY18-19. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None Mayor Brooks called for a brief recess at 8:30 P.M. The meeting reconvened at 8:44 P.M. 2. Consideration and possible action to deny the appeals and uphold the Planning Commission's validation of the Director's approval of a Fence/Wall Permit for property located at 32 Via Del Cielo (Case No. ZON2016-00377). Deputy City Clerk Takaoka reported that notice of the public hearing was duly published and there were two requests to speak. Mayor Brooks declared the public hearing open. Amy Seeraty, Associate Planner, presented a brief staff report and PowerPoint presentation. Jim Hudnall, Applicant/Appellant, presented his appeal to the City Council. Tom Vice, Appellant, spoke in opposition of the project. With no other requests to speak, Mayor Brooks declared the public hearing closed. Discussion ensued among Council Members and Staff. City Council Minutes May 15, 2018 Page 8 of 12 Councilman Dyda moved, seconded by Councilman Cruikshank, to adopt Resolution No. 2018-28, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES THEREBY DENYING THE APPEALS AND UPHOLDING THE PLANNING COMMISSION'S VALIDATION OF THE DIRECTOR'S APPROVAL OF A FENCE/WALL PERMIT TO ALLOW THE INSTALLATION OF A WROUGHT-IRON FENCE AT THE TOP OF THE SLOPE ALONG THE EAST PROPERTY LINE ABUTTING THE UPSLOPE PROPERTY, MEASURING 3.5' IN HEIGHT FOR A LENGTH OF 44' FROM THE FRONT PROPERTY LINE AND THEN 4' IN HEIGHT ALONG THE EAST PROPERTY LINE FOR A LENGTH OF 163' FOR THE PROPERTY LOCATED AT 32 VIA DEL CIELO (CASE NO. ZON2016-00377). 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 one member to the Infrastructure Management Advisory Committee (IMAC). Deputy City Clerk Takaoka reported that there was one request to speak. Kelvin Vanderlip, IMAC Vice Chair, offered to answer any questions the Council may have. Deputy City Clerk Takaoka announced that ballots were distributed earlier in the evening to appoint one member to the Infrastructure Management Advisory Committee (IMAC) and announced the vote of each Councilmember. After one round of balloting, Tina Vargas was appointed for an unexpired term of office ending October 2018. At 10:35 P.M., Mayor Brooks excused herself from the remainder of the meeting. 4. Consideration and possible action regarding the FY18-19 Preliminary Budget and estimated fund balances for all funds, excluding Improvement Authorities. Deputy City Clerk Takaoka reported that there was one request to speak. Deborah Cullen, Director of Finance presented a staff report and PowerPoint presentation. Andrea Vona, Executive Director of the Palos Verdes Peninsula Land Conservancy, spoke in support of the signage project at the Land Conservancy. City Council Minutes May 15, 2018 Page 9 of 12 Mayor Pro Tern Duhovic moved to extend the meeting to 11:00 P.M. Without objection, Mayor Pro Tern Duhovic so ordered. Discussion ensued among Council Members and Staff. Mayor Pro Tern Duhovic moved to extend the meeting to 11:30 P.M. Without objection, Mayor Pro Tern Duhovic so ordered. Councilman Dyda moved, seconded by Councilman Alegria, to (1) approve the recommended changes to the Preliminary FY18-19 Budget; and, (2) determined that the utility users' tax (UUT) rate of 3% continues to be necessary revenue source for the City's operating and capital improvements, and that the current rate of 3% should be maintained. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, and Duhovic NOES: None ABSENT: Mayor Brooks (excused) CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER: F. Consideration and possible action to send a letter to the South Coast Air Quality Management District (AQMD) regarding the use of hydrofluoric acid (HF) and modified hydrofluoric acid (MHF) at refineries in Torrance and Wilmington. This item was removed by Councilman Dyda from the Consent Calendar for separate consideration. Discussion ensued among Council Members and Staff. Councilman Dyda moved, seconded by Councilman Cruikshank, to not send a letter at this time and direct Staff to forward any updates on the matter to the Council. The motion passed on the following roll call vote: AYES: Cruikshank, Dyda, and Duhovic NOES: Alegria ABSENT: Mayor Brooks (excused) G. Consideration and possible action to award a construction agreement to FenceCorp, Inc., for the construction of Coastal Bluff Fencing Phase II project, and to enter into an agreement for professional services with Sunbeam Consulting for inspection services. City Council Minutes May 15, 2018 Page 10 of 12 This item was removed by Councilman Dyda from the Consent Calendar for separate consideration. Discussion ensued among Council Members and Staff. Councilman Dyda moved, seconded by Mayor Pro Tern Duhovic, to (1) Approve the project specifications on file in the Public Works Department for the Coastal Bluff Fencing Phase II project; (2) Award a Public Works Agreement for Construction to FenceCorp, Inc. in the amount of$218,249.60 for construction services related to the Coastal Bluff Fencing Phase II project; award a Professional Services Agreement to Sunbeam Consulting, Inc. for Inspection services in the not-to-exceed amount of $18,300.00; and, (3) Authorize the Mayor and City Clerk to execute the Construction Agreement and Professional Services Agreement, subject to approval as to form by the City Attorney, as amended: authorize Staff to use up to an additional the construction contingency is set at $22,500.00 (approximately 10%) rather than $45,000.00 (approximately 20%) originally presented. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, and Duhovic NOES: None ABSENT: Mayor Brooks (excused) FUTURE AGENDA ITEMS: The following items were raised by Council Members as future agenda items: Mayor Pro Tern Duhovic requested: discussion regarding red striping at Ladera Linda at Forrestal; and, file documents related to the City Employee Compensation and Benefit Analysis Report for 2017 with State Controller Betty Yee. Councilmember Dyda requested: discussion regarding an additional insert in the Fall 2018 City Newsletter to educate residents about upcoming events and issues. Mayor Pro Tern Duhovic moved to extend the meeting to 11:45 P.M. Without objection, Mayor Pro Tern Duhovic so ordered. CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. City Council Minutes May 15, 2018 Page 11 of 12 ADJOURNMENT: At 11:43 P.M., Mayor Brooks adjourned to 6:00 P.M. on May 21, 2018, for a Closed Session meeting and 6:30 P.M. for an Adjourned Regular meeting regarding a proposed City Charter initiative. Additionally, Mayor Brooks adjourned in memory of longtime resident and Former RPV Mayor Larry Clark and Former California Governor George Deukmejian. yor Attest City Council Minutes May 15, 2018 Page 12 of 12