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CC DM 20180717 B - 20180605 CC MINS DRAFTDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JUNE 5, 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 6:07 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; and Emily Colborn, City Clerk. PUBLIC COMMENTS: City Clerk Colborn reported that there were no requests to speak. CLOSED SESSION ITEMS ANNOUNCED: Elena Gerli, Assistant City Attorney, announced the items to be discussed in Closed Session. 1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION GC SECTION 54956.9 (d)(1) Name of case: City of Rancho Palos Verdes v. Eric Mark, Case No: BC70216. 2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION GC SECTION 54956.9 (d)(1) Name of case: City of Rancho Palos Verdes v. Anoja Wickramarachchi; L.A. Superior Court, Case No. BC686940 3. CONFERENCE WITH LEGAL COUNSEL—INITIATION OF LITIGATION GC SECTION 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 in 7 cases. DRAFT - City Council Minutes June 5, 2018 Page 2 of 11 RECESS TO CLOSED SESSION (FIRESIDE ROOM): At 6:08 P.M., the Council recessed to Closed Session. ADJOURN TO REGULAR MEETING: At 6:58 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 7:10 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; Elena Gerli, Assistant 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. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by John Van Deason, Boy Scout Troop 210. CLOSED SESSION REPORT: Elena Gerli, Assistant City Attorney reported that with regards to Closed Session Items No. 1, 2, and 3, matters were discussed with no reportable action taken. MAYOR’S ANNOUNCEMENTS: Mayor Brooks spoke about the Docent Appreciation Luncheon and acknowledged Noreen Marcinelli who is the Docent of the Year. Mayor Brook also announced that tonight’s meeting will be adjourned in memory of long-time resident and volunteer, Daphne Clark. DRAFT - City Council Minutes June 5, 2018 Page 3 of 11 1. Recognition of outgoing Planning Commissioner David Tomblin Mayor Brooks recognized former Planning Commissioner David Tomblin for his years of service on the Planning Commission and for his service to the City. Planning Commissioner Bob Nelson and past Planning Commissioner David Emenhiser commended Mr. Tomblin for his service, leadership, and guidance on the Planning Commission. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Brooks announced Recyclers of the Month from the May 15, 2018, City Council meeting: J A Fehr and Renee Leeuwenburgh. 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: Mayor Brooks announced that tonight’s public comments would be limited to two minutes per speaker due to tonight’s heavy agenda. City Clerk Colborn reported that there were four requests to speak. Debbie Landes, Vista Verde resident, voiced concerns and issues with Green Hills Memorial Park. Mickey Rodich, expressed concern with a guardrail on Palos Verdes Drive East that was damaged due to a collision and hasn’t been repaired. Mr. Rodich inquired if the City collects for damages. Joanna Jones, voiced concerns and issues with Green Hills Memorial Park with regards to Grading Permits being approved to develop the property instead of complying with DRAFT - City Council Minutes June 5, 2018 Page 4 of 11 the Master Plan. In closing Ms. Jones wished Mr. Tomblin a farewell and thanked him for his service on the Planning Commission. Sharon Loveys, spoke regarding late correspondence she submitted from the International Cemetery, Cremation, and Funeral Association with information on density at cemeteries and requested that Green Hills prepare a similar report based on their southern California location. CITY MANAGER REPORT: City Manager Willmore announced the following: Los Angeles County Sherriff’s Department has launched their mobile application; traffic is expected on June 6th - 8th during area schools graduation ceremonies; answers to questions submitted regarding the Portuguese Bend Feasibility Study are posted on the City’s website; Movie in the Park: "Despicable Me 3" on June 16, 2018, at Hesse Park, with family-friendly activities at 6:30 PM. and movie to start at dusk (around 8:15 PM). CONSENT CALENDAR: City Clerk Colborn reported that late correspondence was distributed prior to the meeting regarding Items E, F, I, N, and O and there were requests to speak on Items F and M. Mayor Brooks moved, seconded by Councilman Cruikshank, to approve the Consent Calendar with Items F and M removed and to be heard immediately after the Consent Calendar. 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 28, 2018, Adjourned Regular meeting (CIP); May 1, 2018, Regular meeting; and, May 21, 2018, Adjourned Regular meeting (Charter Initiative). C. Register of Demands DRAFT - City Council Minutes June 5, 2018 Page 5 of 11 Adopted Resolution No. 2018-29, 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 a Settlement Agreement with ABNY General Engineering, Inc., for the termination of the ADA Access Improvements Fred Hesse Park construction contract. Approved the Settlement Agreement with ABNY General Engineering, Inc., for the termination of the ADA Access Improvements Fred Hesse Park construction contract in the amount of $39,500.00. E. Consideration and possible action to review the current status of Border Issues. Received and filed the first biannual report on the status of Border Issues for 2018. F. Consideration and possible action to authorize the Mayor to sign a letter in support of the proposed request for proposals (RFP) for the South Bay Cities Council of Governments’ (SBCCOG) regional broadband project. This item was removed from the Consent Calendar for separate consideration. G. Consideration and possible action to authorize a contract amendment between the City and Palp, Inc. DBA Excel paving for the Bus Stop ADA Access Improvements Project to include required CDBG certification provisions, and to authorize the City Clerk to file a Notice of Completion for the Bus Stop ADA Access Improvements Project. (1) Approved Amendment No. 1 to the Agreement between the City and Palp, Inc. DBA Excel Paving for the Bus Stop ADA Access Improvements Project to include required CDBG certification provisions; (2) Authorized the Mayor and City Clerk to execute Amendment No. 1 to the agreement between the City and Palp, Inc. DBA Excel Paving for the Bus Stop ADA Access Improvements Project; (3) Accepted the project as complete; (4) Authorized the City Clerk to file a Notice of Completion for the project with the Los Angeles County Recorder; and if no claims are filed within 35 days after recordation, send a notice to the surety company to exonerate the Performance Bond; and, (5) Authorized the Director of Public Works to release the 5% construction retention payment to Palp, Inc. DBA Excel Paving 35 days after recordation of the Notice of Completion by the Los Angeles County Recorder, contingent upon no claims being filed on the project, and the contractor posting an acceptable warranty bond with the City H. Consideration and possible action to amend the contract with Prosum, Inc. to include Interim IT Manager services. DRAFT - City Council Minutes June 5, 2018 Page 6 of 11 (1) Amended contract with Prosum, Inc., in a form approved by the City Attorney, to include Interim IT Manager services; and, (2) Authorized an additional appropriation of $20,000 for FY17-18 for Interim IT Manager services. I. Consideration and possible action to award a construction contract for the Palos Verdes Drive West Median Beautification (PVDW Beautification), award a construction services agreement to United Irrigation, Inc. DBA United GLI for $394,545, award a professional services agreement to DCA Civil Engineering Group for $31,920, and authorize a project contingency of $42,646.50 for both contracts. (1) Awarded a construction contract to United Irrigation, Inc. DBA United GLI in the amount of $394,545; (2) Awarded a professional services agreement to DCA Civil Engineering Group in the amount of $31,920 for construction inspection/oversight services; (3) Authorized Staff to utilize an additional 10% ($42,646.50) for project contingency for both construction as well as inspection/oversight contracts for a total authorization of $469,111.50; and, (4) Authorized the Mayor and City Clerk to execute the Construction Services Agreements; subject to approval as to form by the City Attorney. J. Consideration and possible action regarding the April 2018 Cash Balances/Monthly Treasurer’s Report. Received and filed the April 2018 Cash Balances/Monthly Treasurer’s Report. K. Consideration and possible action to receive and file results of performance audits of two of the City’s commercial waste haulers, USA Waste of California, Inc. DBA Waste Management and Consolidated Disposal Service, LLC DBA Republic Services. Received and filed the performance audit reports for USA Waste of California, Inc. DBA Waste Management and Consolidated Disposal Service, LLC DBA Republic Services for calendar years 2015 and 2016. L. Consideration and possible action to approve the Sheriff’s Law Enforcement Agreement and Deployment Survey. Authorized the City Manager to sign the FY18-19 Law Enforcement Services Agreement for the Peninsula Region (Rancho Palos Verdes, Rolling Hills, and Rolling Hills Estates); and the FY18-19 Rancho Palos Verdes Deployment Survey with the Los Angeles County Sheriff’s Department. M. Consideration and possible action to receive an update on the Civic Center Advisory Committee’s activities and authorize the preparation of Requests for Proposals (RFPs) for a Phase 2 Environmental Site Assessment and a civic center programming document. DRAFT - City Council Minutes June 5, 2018 Page 7 of 11 This item was removed from the Consent Calendar for separate consideration. N. Consideration and possible action to enter into an Agreement with Vigilant Solutions, Inc. to purchase and install Phase 1 of ALPR cameras for Eastview neighborhoods along Western Avenue. Entered into an Agreement with Vigilant Solutions, Inc. in a form approved by the City Attorney, to purchase and install Phase 1 of ALPR cameras for Eastview neighborhoods along Western Avenue. O. Consideration and possible action to approve the Second Amendment to the Memorandum of Understanding between the City and the Rancho Palos Verdes Employee Association (RPVEA MOU FY 2017-2020) and related draft resolutions to update the approved salary schedule for Competitive, Confidential, Management and Part-time classifications. (1) Adopted Resolution No. 2018-30, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, APPROVING AND ADOPTING THE SECOND AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO PALOS VERDES AND THE RANCHO PALOS VERDES EMPLOYEES ASSOCIATION; and (2) Adopted Resolution No. 2018-31, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING AND RESTATING THE SALARY AND HOURLY SCHEDULE FOR THE COMPETITIVE, MANAGEMENT, CONFIDENTIAL AND PART-TIME CLASSIFICATIONS; AND SUPERSEDING THE CITY SALARY SCHEDULE IN RESOLUTION NO. 2017-61. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: F. Consideration and possible action to authorize the Mayor to sign a letter in support of the proposed request for proposals (RFP) for the South Bay Cities Council of Governments’ (SBCCOG) regional broadband project. This item was removed from the Consent Calendar for separate consideration. City Clerk Colborn reported that there was one request to speak. Jacki Bacharach, SBCCOG Executive Director, spoke about SBCCOG working with the South Bay Workforce Investment Board (SBWIB) to develop a regional broadband, fiber-optic network that would provide a high-speed capacity broadband network that will allow the South Bay cities to embrace the digital economy, smart city initiatives, integrated utilities and next-generation economic development. Subsequently, SBCCOG is preparing to release a request for proposals (RFP) for this project, and requested that the City Council support the RFP. DRAFT - City Council Minutes June 5, 2018 Page 8 of 11 Discussion ensued among Council Members and Staff. Councilman Dyda moved, seconded by Councilman Alegria, to sign the letter of support for the RFP for SBCCOG’s regional broadband project. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None M. Consideration and possible action to receive an update on the Civic Center Advisory Committee’s activities and authorize the preparation of Requests for Proposals (RFPs) for a Phase 2 Environmental Site Assessment and a civic center programming document. This item was removed from the Consent Calendar for separate consideration. City Clerk Colborn reported that there was one request to speak. Bill Gershner, Civic Center Advisory Committee (CCAC) Chair gave an update on the activities of the CCAC and spoke of the importance to proceed with the preparation of RFPs for a Phase 2 Environmental Site Assessment and a civic center programming document. Discussion ensued among Council Members and Staff. Councilman Dyda moved, seconded by Councilman Alegria, to authorize Staff and the CCAC to proceed with the preparation of RFPs for a Phase 2 Environmental Site Assessment and a civic center programming document. 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 action regarding the Fiscal Year 18-19 Draft Budget and Capital Improvement Program including discussion and possible direction regarding all City revenues and expenditures. City Clerk Colborn 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. DRAFT - City Council Minutes June 5, 2018 Page 9 of 11 Mayor Brooks declared the public hearing open. Deborah Cullen, Director of Finance, presented a brief staff report and PowerPoint presentation. Director Cullen announced that the public hearing would be continued to June 19, 2018, to hear any additional comments and for consideration of adoption. With no requests to speak, Mayor Brooks continued the public hearing to June 19, 2018. Discussion ensued among Council Members and Staff. Mayor Pro Tem Duhovic moved, seconded by Councilman Dyda, to (1) Receive Staff presentation of FY17-18 updated General Fund year-end estimates and fund balance; (2) Receive Staff presentation of FY18-19 Preliminary Budget and Capital Improvement Program; (3) Determine that the utility users’ tax (UUT) rate of 3% continues to be a necessary revenue source for the City’s operating and capital improvements, and that the current rate of 3% should be maintained; and, (4) Continue public hearing to June 19, 2018. 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 8:16 P.M. The meeting reconvened at 8:25 P.M. 2. Consideration and possible action to approve the redesigned residence for 11 Nantasket Drive (Lot No. 1) and approve revisions to the City Council- approved height, grading quantity, and lot coverage conditions of approval for 11 and 21 Nantasket Drive (Case Nos. PLRV2018-0010 and -0011). City Clerk Colborn 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. The following people spoke: DRAFT - City Council Minutes June 5, 2018 Page 10 of 11 Dana Ireland, property owner, spoke and stated his case and noted that he has made several attempts to connect with the Applicant to no avail. Mickey Rodich, inquired whether this project would be subject to the new route hauling ordinance. Ara Mihranian, Director of Community Development, responded that the project is not subject to the route hauling ordinance since the soil would be exported and not imported into the City. With no other requests to speak, Mayor Brooks declared the public hearing closed. Discussion ensued among Council Members and Staff. Councilman Cruikshank moved, seconded by Mayor Pro Tem Duhovic, to (1) Approve, via Minute Order, the redesigned residence for 11 Nantasket Drive, finding that it minimizes the impairment of views from properties located at 6619, 6617 and 6615 Beachview Drive pursuant to Condition No. 46 of Resolution No. 2010-87; and, (2) Adopt Resolution No. 2018-31, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING REVISION “A” TO CITY-COUNCIL- APPROVED GRADING PERMIT AND COASTAL DEVELOPMENT PERMIT TO INCREASE THE STRUCTURE HEIGHT, GRADING QUANTITY, AND LOT COVERAGE CONDITIONS OF APPROVAL FOR 11 AND 21 NANTASKET DRIVE. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None REGULAR BUSINESS: None. 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 to add leaf blower regulations to the existing City’s noise ordinance. DRAFT - City Council Minutes June 5, 2018 Page 11 of 11 Councilmember Alegria requested an update on coastal drilling legislation. CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. ADJOURNMENT: At 9:33 P.M., Mayor Brooks adjourned to 6:00 P.M. on June 19, 2018 for a Closed Session meeting and 7:00 P.M. for a Regular meeting. Mayor Brooks adjourned in memory of longtime resident and volunteer, Daphne Clark.