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CC DM 20181016 B - 20180918 CC MINS DRAFTDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING SEPTEMBER 18, 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 6:11 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; Teresa Takaoka, Deputy City Clerk; and, Emily Colborn, City Clerk. PUBLIC COMMENTS: None. CLOSED SESSION ITEMS ANNOUNCED: Assistant City Attorney Gerli announced the items to be discussed in Closed Session. 1. PENDING LITIGATION – INITIATION OF LITIGATION BY CITY 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 one case. RECESS TO CLOSED SESSION (FIRESIDE ROOM): At 6:12 P.M., the Council recessed to Closed Session. RECONVENE TO STUDY SESSION (MCTAGGART HALL): At 7:03 P.M., the Council reconvened the meeting for a Study Session. DRAFT - City Council Minutes September 18, 2018 Page 2 of 11 STUDY SESSION PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA FOR THE STUDY SESSION: None. 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 Pro Tem Duhovic 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 7:06 P.M. the Study 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 7:07 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; Gabriella Yap, Deputy City Manager; Elena Gerli, Assistant City Attorney; Deborah Cullen, Director of Finance; Ara Mihranian, Director of Community Development; So Kim, Deputy Director of Community Development; Octavio Silva, Associate Planner; Elias Sassoon, Director of Public Works; Ron Dragoo, Principal Engineer; Daniel Trautner, Deputy Director of Recreation DRAFT - City Council Minutes September 18, 2018 Page 3 of 11 and Parks; Lukasz Buchwald, Information Technology Manager; 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 Ara Mihranian, Director of Community Development. CLOSED SESSION REPORT: Assistant City Attorney Gerli reported that with regards to Closed Session Item No. 1, the matter was discussed and Council provided direction to initiate an action. The defendants and other particulars of the action shall, once formally commenced, be disclosed upon any inquiry unless to do so would jeopardize the City or the agency’s ability to effectuate process of service on one or more parties. MAYOR’S ANNOUNCEMENTS: Mayor Brooks reported on successful 45th Anniversary Celebration events at PVIC and at Hesse Park; urged resident support for AB 3115 which allows local EMS agencies to develop programs that are proven to increase access to healthcare and improve patient outcomes; and, announced Beacon Spotlight Awards presented to the City at the League of California Cities Conference. Mayor Pro Tem Duhovic and Councilmember Cruikshank thanked Mayor Brooks for her work on the 45th Anniversary Celebration. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Brooks announced Recyclers of the Month from the September 4, 2018, City Council meeting: Charles Tucker and Florence Grey. 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 valued at $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: DRAFT - City Council Minutes September 18, 2018 Page 4 of 11 AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None PUBLIC COMMENTS: City Clerk Colborn reported there were four requests to speak. Larry Maizlish, congratulated Mayor Brooks on a successful 45th Anniversary Celebration. Mr. Maizlish also suggested that the City Council meeting schedule be reviewed to consider rescheduling meetings during major religious holidays and stated that he would be leaving tonight’s meeting early to observe the start of Yom Kippur. Sharon Loveys, spoke with regards to late correspondence she submitted on behalf of Vista Verde owner, Nadia George. Ms. Loveys also commented on her recent visit to Green Hills Cemetery and encounter with the general manager. Debbie Landes, expressed concerns with developments of Emerald Gardens at Green Hills. Lori Brown, spoke in support of the Vista Verde residents and expressed concerns with developments of Emerald Gardens at Green Hills, stating it will impact homes north of Terrace Drive by affecting their property value. CITY MANAGER REPORT: City Manager Willmore gave an overview of meeting with peninsula officials on finalizing a communication protocol; relayed information regarding the situational awareness seminar being hosted by all four peninsula cities this Thursday evening at the Norris Pavilion; relayed information for Night at the Museum Sleepover on Friday, October 12th at 6:30 pm to Saturday, October 13th at 9:00 am; and introduced new hire Lukasz Buchwald, Information Technology Manager. CONSENT CALENDAR: City Clerk Colborn reported that there were requests to speak on Items E and F. Mayor Brooks moved, seconded by Councilmember Cruikshank, to approve the Consent Calendar with Item E and F removed and to be heard immediately after the Consent Calendar and Item 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 DRAFT - City Council Minutes September 18, 2018 Page 5 of 11 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 August 7, 2018, Regular City Council meeting. C. Register of Demands Adopted Resolution No. 2018-71, 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 City Council succession appointments. (1) Approved designating the Chair and/or Vice-Chair of the Planning Commission, Civic Center Advisory Committee, Emergency Preparedness Committee, Finance Advisory Committee, Infrastructure Management Advisory Committee, and/or Traffic Safety Committee to serve as standby officers if a Councilmember is unavailable to perform his/her duties during a state of war emergency, state of emergency or state of local emergency; and, (2) Adopted Resolution No. 2018-72, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPOINTING STANDBY OFFICERS FOR THE CITY COUNCIL. E. Consideration and possible action regarding a claim against the City by Oscar Sobrero. This item was removed from the Consent Calendar for separate consideration. F. Consideration and possible action to waive further reading and adopt Ordinance No. 609 approving an amended and restated Development Agreement between the Developer of the Trump National Golf Club Project and the City. This item was removed from the Consent Calendar for separate consideration. G. Consideration and possible action to send letters to Governor Brown requesting vetoes for Senate Bill No. 828, Assembly Bill No. 1771 and Assembly Bill No. 2923. This item was removed from the Consent Calendar for separate consideration. DRAFT - City Council Minutes September 18, 2018 Page 6 of 11 H. Consideration and possible action to award a Professional Services Agreement to Interwest Consulting Group, Inc., to assist in the implementation and processing of the Wireless Telecommunications Facilities Ordinance. Awarded a Professional Services Agreement to Interwest Consulting Group, Inc., for a not-to-exceed amount of $50,000 for support services for wireless projects submitted to the City. I. Consideration and possible action to authorize the City Clerk to file a Notice of Completion for the Lower Hesse Park Improvement Project. (1) Accepted the project as complete; (2) 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 (3) Authorized the Director of Public Works to release the 5% construction retention payment to Pub Construction, Inc., 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. J. Consideration and possible action to adopt the 2018 Amended SEMS/NIMS Multi-Hazard Functional Emergency Operations Plan (EOP). Adopted Resolution No. 2018-73, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA ADOPTING AN AMENDED SEMS/NIMS MULTI-HAZARD FUNCTIONAL EMERGENCY OPERATIONS PLAN; and, (2) Authorized the Mayor to sign the Letter of Promulgation accompanying the amended City of Rancho Palos Verdes EOP. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: E. Consideration and possible action regarding a claim against the City by Oscar Sobrero. This item was removed from the Consent Calendar for separate consideration. City Clerk Colborn reported that there were two requests to speak. Emily Colborn, City Clerk, presented a brief staff report. Bill Conrad, spoke in support of the Claimant, Oscar Sobrero. Oscar Sobrero, Claimant, stated his case and urged the Council to render payment for his damages. Discussion ensued among Council Members and Staff. DRAFT - City Council Minutes September 18, 2018 Page 7 of 11 Mayor Pro Tem Duhovic moved, seconded by Councilman Alegria, to reject the claim as recommended by the City’s Claims Administrator and direct Staff to seek expedited payment to the Claimant from West Coast Arborist. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None F. Consideration and possible action to waive further reading and adopt Ordinance No. 609 approving an amended and restated Development Agreement between the Developer of the Trump National Golf Club Project and the City. This item was removed from the Consent Calendar for separate consideration. Mayor Pro Tem Duhovic and Councilman Alegria recused themselves due to a possible conflict of interest. City Clerk Colborn reported that there was one request to speak. Kelvin Vanderlip, expressed concern with the future plans for Lot D stating the plans will prevent anyone from using any of the lot as a park. Mr. Vanderlip also inquired about a revised landscaping plan with changes to the plants being used. Discussion ensued among Council Members and Staff. Councilman Dyda moved, seconded by Councilman Cruikshank, to adopt Ordinance No. 609, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, APPROVING AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE DEVELOPER AND THE CITY TO CLARIFY AND CONSOLIDATE, UNDER ONE AGREEMENT, ALL OF THE PREVIOUSLY- APPROVED CHANGES AND CONDITIONS TO THE DEVELOPMENT OF THE TRUMP NATIONAL GOLF COURSE PROJECT AND TO EXTEND THE TERM OF THE DEVELOPMENT AGREEMENT. The motion passed on the following roll call vote: AYES: Cruikshank, Dyda, and Mayor Brooks NOES: None ABSENT: None RECUSED: Alegria and Duhovic DRAFT - City Council Minutes September 18, 2018 Page 8 of 11 PUBLIC HEARINGS: 1. Consideration and possible action to adopt the updated General Plan and General Plan Land Use Map. 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 was one request to speak. Mayor Brooks declared the public hearing open. So Kim, Deputy Director of Community Development, presented a staff report and PowerPoint presentation. Sheri Hastings, expressed concern with the General Plan map showing a portion of Vanderlip Drive and a strip of land along Narcissa Drive as part of the Nature Preserve and requested that the area not be designated as part of the Preserve. With no other 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 approve the definitions of “Active Recreation” and “Passive Recreation” as modified. The motion passed on the following roll call vote: AYES: Alegria, Dyda, Duhovic, and Mayor Brooks NOES: Cruikshank ABSENT: None Mayor Pro Tem Duhovic moved, seconded by Mayor Brooks, to approve staff recommendation to change the Residential Land Use designation for Coolheights Drive to “Natural Environment/Hazard” to fulfill the terms of the Settlement Agreement (Attachment I), as shown in the attached General Plan Land Use Map. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None Mayor Pro Tem Duhovic moved, seconded by Mayor Brooks, to approve staff recommendation to change the land use designation for Gateway Park (Agriculture, Natural/Environment Hazard and Residential ≤1 du/ac) to Recreation-Passive, which is comparable with the land use designation for the City owned property across Palos Verdes Drive South. DRAFT - City Council Minutes September 18, 2018 Page 9 of 11 The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks NOES: None ABSENT: None Councilman Dyda moved, seconded by Mayor Pro Tem Duhovic, to (1) adopt Resolution No. 2018-74, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES CERTIFYING THE MITIGATED NEGATIVE DECLARATION AND ADOPTING A MITIGATION MONITORING PROGRAM FOR THE UPDATED 2018 GENERAL PLAN AND GENERAL PLAN LAND USE MAP; and, (2) adopt Resolution No. 2018-75, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING THE 2018 GENERAL PLAN AND GENERAL PLAN LAND USE MAP. In addition, noted changes and grammatical updates for the General Plan from the City Council will be provided within two weeks to the Director of Community Development. 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 8:55 P.M. The meeting reconvened at 9:11 P.M. REGULAR BUSINESS: 2. Consideration and possible action to award a Professional Services Agreement to Rincon Consultants, Inc. to complete the Environmental Impact Report associated with proposed revisions to Zone 2 of the Landslide Moratorium Ordinance (Case No. PLCA2018-0004). City Clerk Colborn reported that late correspondence was received and distributed prior to the meeting and there were seven requests to speak. Octavio Silva, Associate Planner, presented a brief staff report and PowerPoint presentation. Robert Bacon, Leanne Twidwell, Michael Nopper, Peter Nopper, Suzanne Black Griffith, and Jennifer Mendosa spoke in support of the item. Vito Gioiello, expressed concern with the multiple designations his property is zoned. Discussion ensued among Council Members and Staff. DRAFT - City Council Minutes September 18, 2018 Page 10 of 11 Mayor Pro Tem Duhovic moved, seconded by Councilman Dyda, to (1) Award a Professional Services Agreement in an amount not to exceed $102,692 to Rincon Consultants, Inc. to complete the Environmental Impact Report to revise the Landslide Moratorium Ordinance pertaining to Zone 2, subject to approval as to form by the City Attorney; (2) Approve an additional appropriation in the amount of $32,961 from the General Fund to the Planning Professional and Technical Services program to cover unfunded costs to complete the Environmental Impact Report; and (3) Authorize the City Manager or Director of Finance to approve a contingency for an amount not to exceed 10% or $10,269 of the project budget in the event that additional work is identified during the Environmental Impact Report preparation process and is determined to be required by the Director of Community Development. 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: This item was removed by Councilman Cruikshank from the Consent Calendar for separate consideration. G. Consideration and possible action to send letters to Governor Brown requesting vetoes for Senate Bill No. 828, Assembly Bill No. 1771 and Assembly Bill No. 2923. Discussion ensued among Council Members and Staff. Councilman Cruikshank moved, seconded by Mayor Pro Tem Duhovic, to authorize the Mayor to sign veto requests for Senate Bill No. 828 (SB 828) and Assembly Bill No. 1771 (AB 1771) regarding regional housing needs allocations (RHNA); and Assembly Bill No. 2923 regarding transit-oriented land use and zoning authority with modifications to letter regarding AB 1771. The motion passed by voice vote. FUTURE AGENDA ITEMS: The following items were raised by Council Members as future agenda items: Council Member Alegria requested future Music in the Park events. Mayor Brooks requested limiting actions to Senate Bills only affecting the City of Rancho Palos Verdes and safety measures at westbound entrance at PVIC. DRAFT - City Council Minutes September 18, 2018 Page 11 of 11 CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. ADJOURNMENT: At 9:49 P.M., Mayor Brooks adjourned to 6:00 P.M. on October 2, 2018, for a Closed Session meeting and 7:00 P.M. for a Regular meeting. /s/Susan Brooks Mayor Attest: /s/Emily Colborn City Clerk