Loading...
CC MINS 20181204 MINUTES RANCHO PALOS VERDES CITY COUNCIL SPECIAL/REGULAR MEETING DECEMBER 4, 2018 CALL TO ORDER: A Special meeting of the Rancho Palos Verdes City Council for the purpose of a Closed Session was called to order by Mayor Brooks at 5:32 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, and Mayor Brooks ABSENT: Mayor Pro Tem Duhovic (excused) Also present were Doug Willmore, City Manager; Gabriella Yap, Deputy City Manager; William W. Wynder, City Attorney, Elena Gerli, Assistant City Attorney; Teresa Takaoka, Deputy City Clerk; and, Emily Colborn, City Clerk. Mayor Pro Tem Duhovic arrived at 5:41 P.M. PUBLIC COMMENTS: None. CLOSED SESSION ITEMS ANNOUNCED: City Attorney Wynder announced the items to be discussed in Closed Session. 1. PENDING LITIGATION — POTENTIAL LITIGATION AGAINST THE CITY GC 54956.9(d)(2) and (e)(1) 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. 2. 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 two (2) cases. RECESS TO CLOSED SESSION (FIRESIDE ROOM): At 5:34 P.M., the Council recessed to Closed Session. ADJOURN TO REGULAR MEETING (MCTAGGART HALL): At 6:55 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 7:08 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; 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; Ron Dragoo, Principal Engineer; 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 Captain Beringer. MAYOR'S ANNOUNCEMENTS: Mayor Brooks presented Andrea Vona with a ceremonial City Tile and recognized her many years of dedicated service with the Palos Verdes Peninsula Land Conservancy. Mayor Brooks wished her well as she ventures on to a new post with the County of Los Angeles. Ms. Vona has been a Land Conservancy staff member since 2002 and has served as Executive Director since 2008. CEREMONIAL MATTERS & COUNCIL REORGANIZATION: 1. Presentation by Mayor Brooks. City Council Minutes December 4, 2018 Page 2 of 10 Mayor Brooks provided a recap of the City Council's achievements and memorable events that occurred over the last year. She also reported on several upcoming events and projects underway. She noted that citizen engagement and interactions with the City's residents and her fellow Council Members were highlights of her tenure as Mayor. She thanked the Council Members, Committee and Commission Members, Staff and residents for their support this past year. Mayor Pro Tem Duhovic thanked Mayor Brooks for her year of service as Mayor and presented her with a Key to the City. 2. Remarks by Council Members. Each Council Member thanked Mayor Brooks for her year of service and representation as Mayor of the City. 3. Selection of Mayor. City Clerk Colborn called for nominations for the selection of Mayor. Mayor Brooks nominated Mayor Pro Tem Duhovic for Mayor. With no other nominations, Mayor Pro Tem Duhovic was appointed as Mayor for the year 2019 with the following roll call vote: AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic NOES: None ABSENT: None 4. Selection of Mayor Pro Tem. Mayor Duhovic called for nominations for the selection of Mayor Pro Tem. Councilman Alegria nominated Councilman Cruikshank for Mayor Pro Tern. With no other nominations, Councilman Cruikshank was appointed as Mayor Pro Tern for the year 2019 with the following roll call vote: AYES: Alegria, Brooks, Dyda, Cruikshank, and Mayor Duhovic NOES: None ABSENT: None 5. Comments by newly appointed Mayor, Mayor Pro Tern, and Council Members. Mayor Duhovic expressed gratitude to the City Council, residents, Staff, and his family for their support during his years on the City Council. Also, provided remarks regarding the upcoming work of the next year. City Council Minutes December 4, 2018 Page 3 of 10 Mayor Pro Tem Cruikshank also expressed gratitude to the City Council, residents, Staff, and his family for their support and promised his commitment as Mayor Pro Tern. Councilmembers Alegria, Brooks, and Dyda congratulated the newly elected Mayor and Mayor Pro Tern. RECESS TO RECEPTION: Mayor Duhovic called a recess for a celebratory reception at 8:09 P.M. The meeting reconvened at 8:34 P.M. CLOSED SESSION REPORT: City Attorney Wynder reported that with regards to Closed Session No. 1 and No. 2, matters were discussed with no reportable action taken. With regards to Closed Session No. 3, matter was discussed and an offer was presented. The Council directed the City Attorney to make a counteroffer. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Duhovic announced the Recycle Winners from the November 20, 2018, City Council meeting: Heidi Hiraoke and Nick Trutanich. He indicated that all winners receive a check for $250 and urged everyone to participate in the City's Recycling Program. He 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: Councilwoman Brooks moved, seconded by Councilman Dyda, to approve the agenda as amended: Item No. 2 has been declared that it is not a public hearing and therefore will be heard under Regular Business and Item No. 4 was removed from the agenda. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Dyda, Cruikshank, and Mayor Duhovic NOES: None ABSENT: None PUBLIC COMMENTS: City Clerk Colborn reported there were six requests to speak. Jeff Calvagna, expressed deep concern with the FAA (specifically SoCal TRACON) continuing to routinely and illegally shortcut LAX Departures over the City of Rancho Palos Verdes and after many failed attempts from the FAA to come to a resolution urged the Council to take legal action. City Council Minutes December 4, 2018 Page 4 of 10 Debbie Landes, expressed concern with the inability to adequately measure the density or intensity of the uses of the Green Hills cemetery. Joanna Jones Reed, commented on the latest public records request made by Ms. Sharon Loveys. Noel Weiss, expressed safety concern with the liquefied petroleum gas (LPG) storage facility (aka. Rancho San Pedro Tanks). Barbara Sattler, shared many concerns with the Landslide Remediation RFP. CITY MANAGER REPORT: City Manager Willmore announced the following: South Bay Council Cities Council of Governments Energy Efficiency & Energy Leader Recognition Award to the City for efforts in supporting energy efficiency goals in the region, particularly at its public facilities; Gingerbread Workshop on Sunday, December 16th at Hesse Park, 11:00 AM - 12:30 PM or 12:30 PM - 2:00 PM, registration required; and "Santa Claus is Coming to Town" event between Friday, December 14th and Saturday, December 21st, 5:30 PM and 9:00 PM each evening (weather permitting). This special visit is sponsored by and coordinated through the efforts of the personnel at the Lomita Sheriffs Station. Please visit the City's website for further details. CONSENT CALENDAR: Councilwoman Brooks moved, seconded by Councilman Dyda, to approve the Consent Calendar with Item G removed and to be heard immediately after the Consent Calendar and Item E removed and to be heard after Regular Business. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Dyda, Cruikshank, and Mayor Duhovic 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 November 7, 2018, Special City Council meeting. City Council Minutes December 4, 2018 Page 5 of 10 C. Register of Demands (1) Adopted Resolution No. 2018-83, 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 11/02/2018); and, (2) Adopt Resolution No. 2018-84, 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 11/16/2018) D. Consideration and possible action regarding the October 2018 Cash Balances/Monthly Treasurer's Report. Received and file the October 2018 Cash Balances/Monthly Treasurer's Report. E. Consideration and possible action to waive the Special Event Permit application fee for Ride with the Troops. This item was removed from the Consent Calendar for separate consideration. F. Consideration and possible action to approve the professional service agreement for a Civic Center Phase 1 and 2 Environmental Site Assessment. Authorized the Mayor to execute the attached professional services agreement with AEI Consultants for a Civic Center Phase 1 and 2 Environmental Site Assessment for a total of$41,369.50. G. Consideration and possible action to receive and file this report that provides updates on the City's efforts to comply with various Public Records Act Requests for Mr. Brian Campbell's e-mails, costs to taxpayers resulting from Mr. Campbell's non-compliance with his statutory duties under the act, and discovery that the website titled "www.rpvcrg.org" that was responsible for recently sending anonymous emails/postings to residents was registered by Mr. Campbell's company, BC Urban, LLC. This item was removed from the Consent Calendar for separate consideration. H. 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. I. Consideration and possible action to reaffirm the appointment of the City's current representative to the West Vector Control District for a term ending on December 31, 2020. City Council Minutes December 4, 2018 Page 6 of 10 Reaffirmed the appointment of the City's current representative, Elizabeth Sala, to the West Vector Control District. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: G. Consideration and possible action to receive and file this report that provides updates on the City's efforts to comply with various Public Records Act Requests for Mr. Brian Campbell's e-mails, costs to taxpayers resulting from Mr. Campbell's non-compliance with his statutory duties under the act, and discovery that the website titled "www.rpvcrg.org" that was responsible for recently sending anonymous emails/postings to residents was registered by Mr. Campbell's company, BC Urban, LLC. This item was removed from the Consent Calendar for separate consideration. City Clerk Colborn reported that there were three requests to speak. Bill Wynder, City Attorney, presented a staff report. Noel Weiss, inquired about the Closed Session leak investigation and stated the investigation should have been heard by the subcommittee working on the Public Records Act request subpoena. Michael Huang, spoke regarding the matter and pointed out that he has been personally affected by defamatory emails sent by Mr. Brian Campbell (in the capacity of Mayor) and urged the Council to continue pursuing legal actions for his noncompliance. Carolynn Petru, commended the City for the work they have done in an effort to comply with records requests for requesting emails from Mr. Campbell's private email accounts and encouraged the Council to continue to pursue the matter including taking legal action. Discussion ensued among Council Members and Staff. Mayor Pro Tem Cruikshank moved, seconded by Councilman Dyda, to direct the City Attorney to issue a further legislative subpoena to compel production of public records responsive to the public records request submitted by Ms. Tracy Burns on October 4, 2018. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Dyda, Cruikshank, and Mayor Duhovic NOES: None ABSENT: None City Council Minutes December 4, 2018 Page 7 of 10 PUBLIC HEARINGS: 1. Consideration and possible action to approve Revision 'A' to Resolution No. 2015-76, thereby amending the Conditions of Approval to allow revisions to the recently-constructed residence at 29858 Knoll View Drive (Case No. PLRV2018-0014). City Clerk Colborn reported that notice of the public hearing was duly published and there were two requests to speak. Mayor Duhovic declared the public hearing open. Ara Mihranian, Director of Community Development, presented a brief staff report and PowerPoint presentation. The following people spoke: Amir Esfahani, Applicant and Jerry Yutronich, Project Manager, spoke in support of the project. With no other requests to speak, Mayor Duhovic declared the public hearing closed. Discussion ensued among Council Members and Staff. Councilwoman Brooks moved, seconded by Mayor Duhovic, to adopt Resolution No. 2018-85, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING REVISION "A" TO THE CITY COUNCIL-APPROVED HEIGHT VARIATION, GRADING PERMIT, EXTREME SLOPE PERMIT, AND SITE PLAN REVIEW BY AMENDING THE CONDITIONS OF APPROVAL OF RESOLUTION NO. 2015-76 TO INCREASE THE SQUARE FOOTAGE OF THE RESIDENCE FROM 4,620 FT2 TO 6,895 FT2, INCREASING THE LOT COVERAGE FROM 39.3% TO 39.4%, AND REDUCING THE GRADING FROM 466 YD3 TO 399 YD3 WITH 127 YD3 OF IMPORT ON PROPERTY LOCATED AT 29858 KNOLL VIEW DRIVE (CASE NO. PLRV2018-0014). The motion passed on the following roll call vote: AYES: Alegria, Brooks, Dyda, Cruikshank, and Mayor Duhovic NOES: None ABSENT: None REGULAR BUSINESS: 2. Consideration and possible action to introduce an ordinance repealing and amending Chapter 15.34 (Water Efficient Landscaping) of Title 15 (Building and Construction Code) of the Rancho Palos Verdes Municipal Code to implement the State's new Water Efficient Landscape requirements. City Council Minutes December 4, 2018 Page 8 of 10 City Clerk Colborn reported that late correspondence was received and distributed prior to the meeting and there were no requests to speak. Octavio Silva, Senior Planner, presented a staff report and PowerPoint presentation. Discussion ensued among Council Members and Staff. Councilwoman Brooks moved, seconded by Mayor Pro Tem Cruikshank, for the first reading and introduction of Ordinance No. 614, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES TO REPEAL AND REPLACE MUNICIPAL CODE CHAPTER 15.34 TO IMPLEMENT THE STATE OF CALIFORNIA'S REQUIREMENTS FOR WATER EFFICIENT LANDSCAPING. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Dyda, Cruikshank, and Mayor Duhovic NOES: None ABSENT: None 3. Consideration and possible action regarding funding the purchase of approximately 1,799 street lights from Southern California Edison. City Clerk Colborn reported that late correspondence was received and distributed prior to the meeting and there were no requests to speak. Deborah Cullen, Director of Finance, presented a brief staff report and PowerPoint presentation. Discussion ensued among Council Members and Staff. Councilwoman Brooks moved, seconded by Councilman Alegria, to authorize the City Manager to execute the approved purchase of 1,799 street lights (current estimate) from Southern California Edison with existing funds from the "1911 Improvements Act" Fund (Fund 211). The motion passed on the following roll call vote: AYES: Alegria, Brooks, Dyda, Cruikshank, and Mayor Duhovic NOES: None ABSENT: None 4. Consideration and possible action for the introduction and first reading of an ordinance amending dollar amount thresholds for public works projects. This item was removed from the agenda. City Council Minutes December 4, 2018 Page 9 of 10 CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER: E. Consideration and possible action to waive the Special Event Permit application fee for Ride with the Troops. This item was removed by Mayor Pro Tern Cruikshank from the Consent Calendar for separate consideration. Discussion ensued among Council Members and Staff. Mayor Pro Tern Cruikshank moved, seconded by Mayor Duhovic, (1) to waive the Special Event Permit application fee for the Star Chapter 415, Ride for the Troops, event on December 8, 2018 and (2) authorizes the City Manager to waive the application fee for charity fundraising events in the future, if those groups are associated with veteran groups, government agencies, armed forces groups and/or City co- sponsored events. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Dyda, Cruikshank, and Mayor Duhovic NOES: None ABSENT: None FUTURE AGENDA ITEMS: None. CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. ADJOURNMENT: At 10:06 P.M., Mayor Duhovic adjourned the meeting. 11A Mayor Attest: 44011111.111%, - rk City Council Minutes December 4, 2018 Page 10 of 10