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CC DM 20190416 B - 20190402 CC MINS DRAFTDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING APRIL 2, 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 6:03 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, Brooks, Cruikshank, Dyda, and Mayor Duhovic ABSENT: None Also present were Doug Willmore, City Manager; Gabriella Yap, Deputy City Manager; Elena Gerli, Assistant City Attorney; and Teresa Takaoka, Deputy 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 – 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: City of San Jose, et al. v. Federal Communications Commission, 18-9563 (Ninth Circuit Court of Appeals) 2. 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 legislat ive 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 in at least one case. 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS GC SECTION 54956.8 DRAFT - City Council Minutes April 2, 2019 Page 2 of 10 Property: Ladera Linda Fields (APN 7564-001-909) Agency negotiator: Doug Willmore, City Manager Negotiating parties: City of Rancho Palos Verdes and Alex Cherniss, PVPUSD Superintendent Under negotiation: Price and terms of payment 4. CONFERENCE WITH LABOR NEGOTIATORS GC SECTION 54957.6 A closed session will be held, pursuant to Government Code § 54957.6, between Doug Willmore, City Manager, Gabriella Yap, Deputy City Manager, and Deborah Cullen, Director of Finance, its negotiators(s), regarding labor negotiations with the Rancho Palos Verdes Employees Association (RPVEA) and certain unrepresented management employees. 5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION GC 54957(b) Title: City Manager RECESS TO CLOSED SESSION (FIRESIDE ROOM): At 6:06 P.M., the Council recessed to Closed Session. ADJOURN TO REGULAR MEETING: At 7:36 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 Duhovic at 6:06 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; Elena Gerli, Assistant City Attorney; Deborah Cullen, Director of Finance; Ara Mihranian, Director of Community Development; Elias Sassoon, Director of Public Works; Cory Linder, Director of Recreation and Parks; and Teresa Takaoka, Deputy City Clerk. DRAFT - City Council Minutes April 2, 2019 Page 3 of 10 Also present was Lt. Mike White, Lomita Station, Los Angeles County Sheriff’s Department. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Chief Eugene W right, United States Coast Guard. CLOSED SESSION REPORT: Assistant City Attorney Gerli reported that with regards to matters under Closed Session Item No. 1a, matters were discussed with no reportable action taken and continued the item to April 16, 2019. W ith regards to Closed Session Item No. 1b, matters were discussed with no reportable action taken. With regards to Closed Session Item No. 2 the matter was not discussed and was taken off calendar. With regards Closed Session Items No. 3 and 4, matters were discussed with no reportable action taken. With regards to Closed Session Item No. 5, the matter was not discussed. MAYOR’S ANNOUNCEMENTS: Councilwoman Brooks announced the date and time for South Bay resident Kay Finer’s Memorial Service, which will be held at the Neighborhood Church on April 11, 2019, at 3:00 P.M. 1. Recognition of the U.S. Coast Guard. Mayor Duhovic recognized and thanked the members of the U.S. Coast Guard for their assistance in relocating the Fresnel Lens from the Point Vicente Lighthouse to the Point Vicente Interpretive Center where it will be on display as part of a new exhibit. A short video featuring the dismantling, transport and reinstallation was shown. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Duhovic announced the Recycle Winners for the March 19, 2019, City Council meeting: Timothy Kelly and Pierre Damas. 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: Councilman Alegria moved, seconded by Councilman Dyda, to approve the agenda. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic DRAFT - City Council Minutes April 2, 2019 Page 4 of 10 NOES: None ABSENT: None PUBLIC COMMENTS: The following members of the public addressed the City Council: Joanna Jones-Reed, Noel Weiss, Angie Hoffman, Sharon Loveys, Nadia G, Debbie Landes, Lori Brown, Carol Mueller, Judy Frankel, and Mickey Rodich. CITY MANAGER REPORT: City Manager Willmore announced the following: RPVTv will rebroadcast the Situational Awareness event that was held in September at the Norris Pavillion highlighting personal safety on April 3rd through April 6th; Assemblyman Muratsuchi’s upcoming Natural Disaster Town Hall scheduled for April 6th at Los Verdes Golf Course; and the City’s Annual Whale of a Day Festival on Saturday, April 13, 2019, 10:00 AM to 4:00 PM at Point Vicente Interpretive Center. CONSENT CALENDAR: Deputy City Clerk Takaoka reported that late correspondence was distributed prior to the meeting regarding Item E and there were two speakers for Item F. Councilwoman Brooks moved, seconded by Mayor Pro Tem Cruikshank, to approve the Consent Calendar with Item F removed for separate consideration immediately after approval of the Consent Calendar and with Item E to be heard at the conclusion of the last Regular Business item. 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 March 13, 2019, Adjourned Regular Meeting (Budget Workshop), March 19, 2019, Special Meeting (FAC Interviews), and March 19, 2019, Regular City Council Meeting. DRAFT - City Council Minutes April 2, 2019 Page 5 of 10 C. Register of Demands. Adopted Resolution No. 2019-10, 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 the February 2019 Cash Balances/Monthly Treasurer’s Report Received and filed the February 2019 Cash Balances/Monthly Treasurer’s Report. E. Consideration and possible action to award a Professional Services Agreement to Geo-Logic Associates, Inc. for design services associated with the Palos Verdes Drive South Realignment Project at the east end of the Portuguese Bend Landslide. This item was removed from the Consent Calendar for separate consideration . 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 Consent Calendar for separate consideration. G. Consideration and possible action to authorize the City Clerk to file a Notice of Completion for the Coastal Bluff Fencing Phase II Project. Accepted the project as complete; authorized the City Clerk to file a Notice of Completion for the project with the Los Angeles County Registrar-Recorder’s Office; and if no claims are filed within 35 days after recordation, send a notice to the surety company to exonerate the Performance Bond; and authorize the Director of Public Works to release the 5% construction retention payment to FenceCorp, Inc., 35 days after recordation of the Notice of Completion by the Los Angeles County Registrar - Recorder’s Office, contingent upon no claims being filed o n the project, and the contractor posting an acceptable warranty bond with the City. H. Consideration and possible action to adopt a resolution approving a list of proposed projects for FY 19-20 to be funded with Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017. Adopted Resolution No. 2019-11, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2019-20 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017. DRAFT - City Council Minutes April 2, 2019 Page 6 of 10 CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: 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. Mayor Duhovic waived the staff report at this time. The following members of the public addressed the City Council: Judy Maizlish and Larry Maizlish. Discussion ensued among Council Members and Staff. Councilman Alegria moved, seconded by Councilwoman Brooks, directing Staff to: proceed with the design of traffic signals at the intersections of Palos Verdes Drive South & Palos Verdes Drive East for an amount not to exceed $34,598; return with considerations for the Hawthorne Boulevard & Via Rivera intersection at a future meeting; notify residents in Villa Capri of the considerations including the option of not allowing left turns; and review the warrants affecting the timing of the traffic signal at Vallon. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic NOES: None ABSENT: None Mayor Duhovic called for a brief recess at 8:34 P.M. The meeting reconvened at 8:39 P.M. PUBLIC HEARINGS: None. REGULAR BUSINESS: 1. Consideration and possible action to adopt an urgency ordinance and to introduce an ordinance repealing and replacing Chapter 12.18 (Wireless Telecommunications Facilities in the Public Right-of-Way) to update the regulatory framework and standards for wireless facilities within the public right-of-way based on the recent Federal Communications Commission ruling (Case No. PLCA2019-0002). Deputy City Clerk Takaoka reported that late correspondence was received and distributed prior to the meeting and there were six requests to speak. DRAFT - City Council Minutes April 2, 2019 Page 7 of 10 Ara Mihranian, Director of Community Development, and Amy Seeraty, Associate Planner, presented the staff report. City Attorney Gerli summarized recent legislation for clarity. Discussion ensued among Council Members, the City Attorney and Staff. The following members of the public addressed the City Council: Ray Quan, Jeff Calvagna, Noel Park, Judy Frankel, Joan Davidson, and Allan Rigg. Mayor Duhovic moved, seconded by Councilwoman Brooks to adopt Ordinance No. 620U, AN URGENCY ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REPEALING AND REPLACING CHAPTER 12.18 (WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT -OF-WAY) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO UPDATE THE REGULATORY FRAMEWORK AND STANDARDS FOR PERMITTING WIRELESS FACILITIES, WITHIN THE CITY’S PUBLIC RIGHT-OF-WAY IN ACCORDANCE WITH THE RECENT FEDERAL COMMUNICATIONS COMMISSION (FCC) RULING, as amended: to include Staff’s amendments as presented; replace the City Council with the Planning Commission for the appeal process as they are a quasi-judicial body; consider holding special meetings even if with just a quorum to facilitate processing; provide quarterly reports to the City Council; replace “wood poles” with utility poles; and introduced Ordinance No.621, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES REPEALING AND REPLACING CHAPTER 12.18 (WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO UPDATE THE REGULATORY FRAMEWORK AND STANDARDS FOR PERMITTING WIRELESS FACILITIES WITHIN THE CITY’S PUBLIC RIGHT-OF-WAY IN ACCORDANCE WITH THE RECENT FEDERAL COMMUNICATIONS COMMISSION RULING AND FINDING AN EXEMPTION FROM CEQA, as amended: to include Staff’s amendments as presented; replace the City Council with the Planning Commission for the appeal process as they are a quasi-judicial body; consider holding special meetings even if with just a quorum to facilitate processing; provide quarterly reports to the City Council; replace “wood poles” with utility poles. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic NOES: None ABSENT: None 2. Consideration and possible action to receive a report that provides a historical summary of the City’s CalPERS pension costs and the benefit changes that resulted in the increase in the City’s unfunded liability. Deputy City Clerk Takaoka reported that late correspondence was received and distributed prior to the meeting and there was one request to speak. DRAFT - City Council Minutes April 2, 2019 Page 8 of 10 Deborah Cullen, Director of Finance, presented a brief staff report. The following member of the public addressed the City Council: Mickey Rodich. Discussion ensued among Council Members and Staff. Mayor Duhovic moved, seconded by Councilwoman Brooks to receive and file the information, and direct Staff to analyze and bring back to the City Council: (a) An early retirement incentive to Tier 1 employees who are retirement eligible; and (b) The savings from requiring the Tier 1 employees to pay an increased percentage of their annual salary to offset the increased City costs and address the inequity with Tier 2 and 3 employees regarding total compensation. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic NOES: None ABSENT: None Mayor Duhovic called for a brief recess at 10:15 P.M. The meeting reconvened at 10:24 P.M. 3. Consideration and possible action to receive and file a presentation from the Public Works Director on Southern California Edison (SCE) relocating existing power lines underground. Elias Sassoon, Director of Public Works provided an executive summary. Discussion ensued among Council Members and Staff. Mayor Duhovic moved, seconded by Councilwoman Brooks, to receive and file a presentation from the Public Works Director; directed Staff to pursue purchasing Rule 20A funds from other agencies; and directed Staff to research what options may exist to change regulations regarding the use of Rule 20A funds and report back to City Council on potential options available. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic NOES: None ABSENT: None 4. Consideration and possible action to rename Shoreline Park as Gateway Park Deputy City Clerk Takaoka reported that late correspondence was received and distributed prior to the meeting. DRAFT - City Council Minutes April 2, 2019 Page 9 of 10 Mayor Duhovic waived the staff report. Discussion ensued among Council Members and Staff. Councilwoman Brooks moved, seconded by Councilmember Alegria to rename Shoreline Park as Ocean Trails Reserve to align with the name of this subarea of the City’s Palos Verdes Nature Preserve; name the beach accessible from Shoreline Park as Ocean Trails Beach; and direct Staff to bring back a Resolution memorializing these new names. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic NOES: None ABSENT: None CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER: E. Consideration and possible action to award a Professional Services Agreement to Geo-Logic Associates, Inc. for design services associated with the Palos Verdes Drive South Realignment Project at the east end of the Portuguese Bend Landslide. Discussion ensued among Council Members and Staff. Councilwoman Brooks moved, seconded by Councilmember Alegria to award a Professional Services Agreement to Geo-Logic Associates, Inc., for engineering design services for the Palos Verdes Drive South Realignment Project, in the not-to-exceed amount of $121,086; and authorized the Mayor and City Clerk to execute the Professional Services Agreement, subject to approval as to form by the City Attorney. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic NOES: None ABSENT: None FUTURE AGENDA ITEMS: The following items were raised by Council Members as future agenda items: Councilwoman Brooks requested that a Tree Master Plan Policy for Arterials be developed for consideration at a future meeting. Mayor Pro Tem Cruikshank requested that Staff prepare a report on upcoming legislation for SB 732 (AQMD). DRAFT - City Council Minutes April 2, 2019 Page 10 of 10 CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. ADJOURNMENT: At 10:55 P.M., Mayor Duhovic adjourned to 6:30 P.M. on April 10, 2019, for the FY 2019-20 Budget Workshop. /s/ Jerry V. Duhovic Mayor Attest: /s/ Emily Colborn City Clerk