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CC DM 20190402 B - 20190319 CC MINS DRAFTDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MARCH 19, 2019 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 Duhovic at 6:09 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, Brooks, Cruikshank, Dyda, and Mayor Duhovic ABSENT: None Also present were Doug Willmore, City Manager; Gabriella Yap, Deputy City Manager; William W. Wynder, City Attorney, Teresa Takaoka, Deputy City Clerk; and Emily Colborn, City Clerk. PUBLIC COMMENTS: None. CLOSED SESSION ITEMS ANNOUNCED: City Attorney Wynder announced the items to be discussed in Closed Session. 1. PENDING LITIGATION – EXISTING LITIGATION GC SECTION 54956.9 (d)(1) a. Name of case: Mark J. Doddy v. City of Palos Verdes [sic]; L.A. Superior Court, Case No. YC072950 b. Name of case: Cherie Townsend; Jalen Lapree Hamler v. City of Rancho Palos Verdes; United States District Court Central District of California, Case No. 2:18- cv-10011 c. Name of case: City of Rancho Palos Verdes v. Indian Peak Properties, LLC, Los Angeles Superior Court Case No. 18STCV03781 d. Name of case: Indian Peak Properties, LLC v. City of Rancho Palos Verdes, et al., Los Angeles Superior Court Case No. 18STCP02913 DRAFT - City Council Minutes March 19, 2019 Page 2 of 9 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION GC 54957(b) Title: City Manager RECESS TO CLOSED SESSION (FIRESIDE ROOM): At 6:12 P.M., the Council recessed to Closed Session. RECONVENE TO STUDY SESSION (MCTAGGART HALL): At 7:16 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: None. DISCUSSION TOPICS: SS1. 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. Councilwoman Brooks moved, seconded by Mayor Pro Tem Cruikshank, to approve the tentative agendas as amended. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic NOES: None ABSENT: None ADJOURN TO REGULAR MEETING: At 7:19 P.M. the Study Session was adjourned to the Regular meeting. DRAFT - City Council Minutes March 19, 2019 Page 3 of 9 REGULAR MEETING – OPEN SESSION CALL TO ORDER: A Regular meeting of the Rancho Palos Verdes City Council was called to order by Mayor Duhovic at 7:19 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, Brooks, Cruikshank, Dyda, and Mayor Duhovic 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; So Kim, Deputy Director of Community Development; Elias Sassoon, Director of Public Works; Daniel Trautner, Deputy Director of Recreation and Parks; Teresa Takaoka, Deputy City Clerk; and Emily Colborn, City Clerk. Also present was Sergeant Tina McCoy, Lomita Station, Los Angeles County Sheriff’s Department. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Deborah Cullen, Director of Finance. CLOSED SESSION REPORT: City Attorney Wynder reported that with regards to all matters under Closed Session Item No. 1, matters were discussed with no reportable action taken. With regards to Closed Session Item No. 2, the City Council continued the City Manager evaluation. MAYOR’S ANNOUNCEMENTS: 1. Whale of a Day Poster Contest Winners Presentation. Mayor Duhovic recognized and thanked the faculty and participants of the two Palos Verdes Intermediate Schools who participated in the 2019 Whale of a Day Poster Contest. The City Council also thanked contest coordinator Rochelle Port. Ms. Port announced the Whale of a Day Contest winners for 2019. Mayor Duhovic also shared the following: retirement of Sergeant Doug Shive with the Los Angeles County Sheriff’s Department; Rancho Palos Verdes ranked #7 Safest City in California in the 2019 SafeWise Report; Palos Verdes Peninsula High School ranked #9 and Palos Verdes High School ranked #89 Best Public High School in the 2019 Niche report; proclaimed the month of March as National Red Cross month. DRAFT - City Council Minutes March 19, 2019 Page 4 of 9 RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Duhovic announced the Recycle Winners for the March 5, 2019, City Council meeting: Connie Magraudy and Erin Gartland. 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 Mayor Pro Tem Cruikshank, to approve the agenda as amended: Item No. 3 will be heard before Public Hearing Item No. 1. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic NOES: None ABSENT: None PUBLIC COMMENTS: The following members of the public addressed the City Council: Noel Weiss, Jake Ridout, and Joanna Jones-Reed. CITY MANAGER REPORT: City Manager Willmore announced the following: Whale of a Day Festival on Saturday, April 13, 2019, 10:00 AM to 4:00 PM at Point Vicente Interpretive Center. Mr. Willmore referred to City Attorney Wynder for further announcements. City Attorney Wynder announced the following: read a letter received from the State Bar of California in response to a complaint filed by former Council Member Brian Campbell accusing City Attorney David Aleshire of professional misconduct. Mr. Wynder went on to report that after a thorough investigation the State Bar found no validity to the claim and exonerated Mr. Aleshire of the allegations filed against him. Mr. Wynder also reported on the matter regarding an Order to Abate an unpermitted above-ground pool and deck located at 8 Roseapple Road stating that the property owner has complied with the abatement order and has removed the deck and pool. CONSENT CALENDAR: City Clerk Colborn reported that late correspondence was distributed prior to the meeting regarding Items F and G and there were requests to speak on Item F. DRAFT - City Council Minutes March 19, 2019 Page 5 of 9 Councilwoman Brooks moved, seconded by Mayor Duhovic, to approve the Consent Calendar with Items F, G, and H removed from the agenda and to be heard at a future meeting not yet determined. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Cruikshank, Dyda, 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 February 19, 2019, and March 5, 2019, Regular meetings. C. Register of Demands. Adopted Resolution No. 2019-09, 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 authorize the City Manager to sign the Memorandum of Understanding (MOU) with the Palos Verdes Peninsula Unified School District (PVPUSD) for the use of gymnasiums and recreational facilities at Palos Verdes Peninsula High School (PVPHS) and Miraleste Intermediate School (MIS). Authorized the City Manager to sign the Memorandum of Understanding (MOU) with the Palos Verdes Peninsula Unified School District (PVPUSD) for the use of gymnasiums and recreational facilities at Palos Verdes Peninsula High School (PVPHS) and Miraleste Intermediate School (MIS). E. Consideration and possible action to adopt Ordinance No. 619 amending Chapters 17.02 (Single-Family Residential (RS) Districts) and 17.10 (Second Unit Development Standards) of the Rancho Palos Verdes Municipal Code to require Neighborhood Compatibility review for residential second units over 12’ in height and to clarify the trigger that requires the Neighborhood Compatibility finding for structures over 16’ in height (Case No. PLCA2018- 0008). DRAFT - City Council Minutes March 19, 2019 Page 6 of 9 Adopted Ordinance No. 619, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTERS 17.02 (SINGLE- FAMILY RESIDENTIAL (RS) DISTRICTS) AND 17.10 (SECOND UNIT DEVELOPMENT STANDARDS) OF TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO REQUIRE NEIGHBORHOOD COMPATIBILITY REVIEW FOR RESIDENTIAL SECOND UNITS OVER 12’ IN HEIGHT AND TO CLARIFY THE TRIGGERS REQUIRING THE NEIGHBORHOOD COMPATIBILITY FINDING. F. Consideration and possible action to direct Staff to proceed with the design of traffic signals installation at the intersections of Hawthorne Boulevard & Via Rivera, and Palos Verdes Drive South & Palos Verdes Drive East. This item was removed from the agenda to be heard at a future meeting not yet determined. G. Consideration and possible action to award a Professional Services Agreement to Geo-Logic Associates, Inc. for design services associated with Palos Verdes Drive South Realignment, at the east end of the Portuguese Bend Landslide. This item was removed from the agenda to be heard at a future meeting not yet determined. H. Consideration and possible action to contract with Blais & Associates, Inc. for continued grant management services regarding the Santa Monica Bay Catch Basin Insert Project. This item was removed from the agenda to be heard at a future meeting not yet determined. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: None. Per the re-order of the agenda, Mayor Duhovic moved to Business Item No. 3. REGULAR BUSINESS: 3. Consideration and possible action to appoint one member to the Finance Advisory Committee. City Clerk Colborn reported that late correspondence was received and distributed prior to the meeting. City Clerk Colborn also announced that ballots were distributed earlier in the evening to appoint one (1) member to the Finance Advisory Committee (FAC) and announced the vote of each Council Member. DRAFT - City Council Minutes March 19, 2019 Page 7 of 9 After one round of balloting, Raquel Brown was appointed to the Finance Advisory Committee, with an unexpired term of office ending in February 2020. Per the re-order of the agenda, Mayor Duhovic moved to Public Hearing Item No. 1. PUBLIC HEARINGS: 1. Consideration and possible action to conduct the 2018 Annual Review of Green Hills’ compliance with the Conditions of Approval associated with Conditional Use Permit No. 55. 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 requests to speak. Mayor Duhovic declared the public hearing open. So Kim, Deputy Director of Community Development, presented a staff report and PowerPoint presentation. Nick Resich, Applicant, Green Hills, and Ellen Berkowitz, Counsel for Green Hills, spoke in support of the project. The following members of the public addressed the City Council: Nadia G., Sharon Loveys, Debbie Landes, and Lori Brown. 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 Councilman Dyda, to receive and file the report, and make an express finding, for each and all of the reasons set forth in the staff report and based upon the oral communications received during consideration of the item that Green Hills Memorial Park is in compliance with the Conditions of Approval of its Conditional Use Permit. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic NOES: None ABSENT: None DRAFT - City Council Minutes March 19, 2019 Page 8 of 9 REGULAR BUSINESS: 2. Consideration and possible action to receive information related to the collection of Business License Tax from businesses not located within the City of Rancho Palos Verdes. City Clerk Colborn reported that late correspondence was received and distributed prior to the meeting. Deborah Cullen, Director of Finance, presented a brief staff report. Discussion ensued among Council Members and Staff. Mayor Pro Tem Cruikshank moved, seconded by Councilmember Alegria, to (1) receive and file the report related to Business License Tax collected from businesses not located within the City of Rancho Palos Verdes; and, (2) directed Staff to return at a later date with a revised business license application and ordinance clarifying that a business license is not required by a business located outside the City that does not conduct physical work within the City. Motion carried without objection. 3. Consideration and possible action to appoint one member to the Finance Advisory Committee. City Clerk Colborn reported that late correspondence was received and distributed prior to the meeting. City Clerk Colborn also announced that ballots were distributed earlier in the evening to appoint one (1) member to the Finance Advisory Committee (FAC) and announced the vote of each Council Member. After one round of balloting, Raquel Brown was appointed to the Finance Advisory Committee, with an unexpired term of office ending in February 2020. CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER: None. FUTURE AGENDA ITEMS: None. CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. DRAFT - City Council Minutes March 19, 2019 Page 9 of 9 ADJOURNMENT: At 9:55 P.M., Mayor Duhovic adjourned to 6:00 P.M. on April 2, 2019, for a Closed Session meeting and 7:00 P.M. for a Regular meeting. /s/ Jerry V. Duhovic Mayor Attest: /s/ Emily Colborn City Clerk