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CC MINS 20191217 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING DECEMBER 17, 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 Cruikshank at 6:04 P.M. at Fred Hesse Community Park, McTaggart Hall, 29301 Hawthorne Boulevard. City Council roll call was answered as follows: PRESENT: Alegria, Bradley, Dyda, and Mayor Cruikshank ABSENT: Ferraro Councilmember Ferraro joined the meeting at 6:10 P.M. Also present were Ara Mihranian, Interim 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. POTENTIAL LITIGATION AGAINST THE CITY GC 54956.9(d)(2) and (e)(1) Based on facts and circumstances that might result in litigation against the City, but which the City believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed. 2. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION GC SECTION 54956.9 (d)(1) Name of case: York Point View Properties, LLC v. v. City of Rancho Palos Verdes, Los Angeles Superior Court Case No. BS174116 3. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION GC SECTION 54956.9 (d)(1) a. Name of case: City of Rancho Palos Verdes v. Indian Peak Properties, LLC, Los Angeles Superior Court Case No. 18STCV03781 b. Name of case: Indian Peak Properties, LLC v. City of Rancho Palos Verdes, et al., Los Angeles Superior Court Case No. 18STCP02913 4. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION GC SECTION 54956.9 (d)(1) a. Name of case: City of Gardena vs. Regional Water Quality Control Board, Los Angeles Region, et al., Orange County Superior Court Case Number: 30-2016- 00833722-CU-WM-CJC b. Name of case: City of Duarte vs. Regional Water Quality Control Board, Los Angeles Region, et al., Orange County Superior Court Case Number: 30-2016- 00833614-CU-WM-CJC RECESS TO CLOSED SESSION (FIRESIDE ROOM): At 6:05 P.M., the Council recessed to Closed Session. RECONVENE TO STUDY SESSION (MCTAGGART HALL): At 7:08 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 meetings as listed on the tentative agendas. Mayor Pro Tem Alegria moved to approve the tentative agendas as amended to add an upcoming city goals workshop. Without objection, Mayor Cruikshank so ordered. ADJOURN TO REGULAR MEETING: At 7:11 P.M. the Study Session was adjourned to the Regular meeting. I City Council Minutes December 17, 2019 Page 2 of 10 REGULAR MEETING — OPEN SESSION CALL TO ORDER: A Regular meeting of the Rancho Palos Verdes City Council was called to order by Mayor Cruikshank at 7:14 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, Bradley, Dyda, Ferraro, and Mayor Cruikshank ABSENT: None Also present were Ara Mihranian, Interim City Manager; William W. Wynder, City Attorney; Angie Garcia, Interim Director of Finance; Terry Rodrigue, Interim Director of Community Development; Elias Sassoon, Director of Public Works; Ron Dragoo, City Engineer; Cory Linder, Director of Recreation and Parks; Teresa Takaoka, Deputy City Clerk; and Emily Colborn, City Clerk. Also present was Captain James Powers, Lomita Station, Los Angeles County Sheriffs Department PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilman Bradley. CLOSED SESSION REPORT: City Attorney Wynder reported that with regards to Closed Session No. 1, the Council was provided a privilege and confidential briefing on the facts and circumstances that could give rise to a litigation claim against the city. Strategies to avoid such litigation were discussed and authorized the City Attorney to pursue such strategies; with regards to Closed Session No. 2, matter was discussed with no reportable action taken; with regards to Closed Session No. 3, reported that a request (from Indian Peak Properties) to obtain a stay order from the court with regards to Item No. 4 on tonight's agenda was denied for the fifth time; and with regards to Closed Session No. 4, reported that the City Council is interested in participating in the litigation however not until the City Attorney reports back on the anticipated cost of such participation. MAYOR'S ANNOUNCEMENTS: Mayor Cruikshank shared the following: gave an update on the water reliability project; there would be 24/7 traffic control on Crenshaw Boulevard from Indian Peak and south of Chadwick Lane and work will continue Monday through Friday 7 A.M. to 7 P.M. I City Council Minutes December 17, 2019 Page 3 of 10 RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Cruikshank announced the Recycle Winners for the December 3, 2019, City Council meeting: Terue Mimura and Jens Gehrke. 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: Mayor Pro Tem Alegria moved, seconded by Councilmember Ferraro, to approve the agenda as presented. The motion passed on the following roll call vote: AYES: Alegria, Bradley, Dyda, Ferraro and Mayor Cruikshank NOES: None ABSENT: None PUBLIC COMMENTS: The following members of the public addressed the City Council: Korey Bradbury, Noel Weiss, Lori Brown, Nadia G., Lars Skari, and John Linder. CITY MANAGER REPORT: Interim City Manager Mihranian announced the following: League of California Cities New Mayors and Councilmembers conference; Cal Water project update; city holiday closure and services affected; and January 7, 2020, City Council meeting is canceled due to the upcoming holidays. CONSENT CALENDAR: City Clerk Colborn reported that late correspondence was distributed prior to the meeting regarding Item F, and there were requests to speak on Item G. Mayor Pro Tem Alegria moved, seconded by Councilmember Ferraro, to approve the Consent Calendar with Item G removed and to be heard immediately after the Consent Calendar. Councilmembers Bradley and Ferraro abstained from the vote on Item B — minutes of the October 29, 2019, adjourned regular meeting (NCCP) The motion passed on the following roll call vote: AYES: Alegria, Bradley, Dyda, Ferraro, and Mayor Cruikshank NOES: None ABSENT: None ABSTAINED: Bradley and Ferraro (Item B) City Council Minutes December 17, 2019 Page 4 of 10 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 October 29, 2019, adjourned regular meeting (NCCP) C. Register of Demands Adopted Resolution No. 2019-66, 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 annual business license tax Authorized to not increase the City's business license tax rate for 2020 E. Consideration and possible action to review the current status of Border Issues Received and filed the second biannual report on the status of Border Issues for 2019 F. Consideration and possible action to adopt a resolution expressing opposition to the Southern California Association of Governments' approved Draft Regional Housing Needs Assessment Allocation Methodology Adopted Resolution No. 2019-67, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES EXPRESSING OPPOSITION TO THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS' APPROVED DRAFT REGIONAL HOUSING NEEDS ASSESSMENT ALLOCATION METHODOLOGY G. Consideration and possible action to receive and file a third quarter report on the implementation of the City's Wireless Telecommunications Facilities in the Public Right-of-Way Ordinance (Case No. PLCA2019-0002) This item was removed for separate consideration. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: G. Consideration and possible action to receive and file a third quarter report on the implementation of the City's Wireless Telecommunications Facilities in the Public Right-of-Way Ordinance (Case No. PLCA2019-0002) City Clerk Colborn reported that there were two requests to speak. City Council Minutes December 17, 2019 Page 5 of 10 Mayor Cruikshank moved to waive the staff report on this item. Without objection, Mayor Cruikshank so ordered. The following members of the public addressed the City Council: James Colton and Jim Hathaway. Discussion ensued among Council Members and Staff. Mayor Pro Tem Alegria moved, seconded by Councilmember Dyda, to receive and file a third quarter report on the implementation of the City's Wireless Telecommunications Facilities in the Public Right-of-Way Ordinance. The motion passed on the following roll call vote: AYES: Alegria, Bradley, Dyda, Ferraro, and Mayor Cruikshank NOES: None ABSENT: None PUBLIC HEARINGS: 1. Consideration and possible action to approve the proposed Fiscal Year 2020- 21 Community Development Block Grant (CDBG) project and budget City Clerk Colborn reported that notice of the public hearing was duly published, no written protest was received, and there were no requests to speak on this item. Mayor Cruikshank declared the public hearing open. Elias Sassoon, Director of Public Works, presented a brief staff report and PowerPoint presentation. With no requests to speak, Mayor Cruikshank declared the public hearing closed. Discussion ensued among Council Members and Staff. Councilmember Ferraro moved, seconded by Mayor Pro Tem Alegria to: (1) approve the proposed FY 20-21 Community Development project and budget; (2) authorize the Director of Public Works to execute an agreement for the FY 20-21 CDBG project with the Los Angeles County Development Authority (LACDA), subject to approval as to form by the City Attorney; and; (3) authorize the Director of Public Works to adjust the project budget, as necessary, to take into account the final CDBG allocations and any amounts unexpended at the close of FY 19-20. The motion passed on the following roll call vote: AYES: Alegria, Bradley, Dyda, Ferraro, and Mayor Cruikshank 111 NOES: None ABSENT: None City Council Minutes December 17, 2019 Page 6 of 10 REGULAR BUSINESS: 2. Consideration and possible action to amend the professional services agreement with Johnson Favaro for Ladera Linda Park Architectural and Engineering Design Services City Clerk Colborn reported that late correspondence was received and distributed prior to the meeting and there were two requests to speak. Cory Linder, Director of Recreation and Parks, presented a staff report and PowerPoint presentation. The following members of the public addressed the City Council: Jessica Vlaco and Mickey Rodich. Discussion ensued among Council Members and Staff. Mayor Pro Tern Alegria moved, seconded by Councilmember Dyda, to authorize the Mayor to approve,Amendment No. 1 to the professional services agreement with Johnson Favaro for Ladera Linda Park Architectural and Engineering Design Services. The motion passed on the following roll call vote: AYES: Alegria, Bradley, Dyda, Ferraro, and Mayor Cruikshank NOES: None ABSENT: None Mayor Cruikshank called for a brief recess at 8:43 P.M. The meeting reconvened at 8:59 P.M. 3. Consideration and possible action to accept and file the design drawings and hydrologic analysis associated with Portuguese Bend Landslide Mitigation Project years City Clerk Colborn reported that late correspondence was received and distributed prior to the meeting and there were three requests to speak on this item. Elias Sassoon, Director of Public Works and Ron Dragoo, Principal Engineer presented a staff report and PowerPoint presentation and introduced consultants from Geo-logic Associates, Inc. who gave an overview on the project. The following members of the public addressed the City Council: Barbara Ailor, Elizabeth Sala, and Eva Cicoria. Mayor Pro Tern Alegria moved to extend the meeting to 10:45 P.M. Without objection, Mayor Cruikshank so ordered. City Council Minutes December 17, 2019 Page 7 of 10 Discussion ensued among Council Members and Staff. Councilmember Dyda moved, seconded by Mayor Cruikshank, to accept and file the design drawings and hydrologic analysis associated with Portuguese Bend Landslide Mitigation Project; authorize Staff to proceed with preparing the environmental document pursuant to the California Environmental Quality Act (CEQA) for the project including requesting and receiving proposals as needed; and authorize Staff to identify funding opportunities for construction from county, state, and federal agencies to augment local funds for consideration by the City Council at a later date. The motion passed on the following roll call vote: AYES: Alegria, Bradley, Dyda, Ferraro and Mayor Cruikshank NOES: None ABSENT: None Mayor Pro Tem Alegria moved to extend the meeting to 11:00 P.M. Without objection, Mayor Cruikshank so ordered. 4. Consideration of, and ruling on, the "Notice of Appeal," filed pursuant to RPV Municipal Code § 8.24.040(D), by legal counsel for Indian Peak Properties, LLC, appealing that certain "Notice and Order to Abate a Public Nuisance," duly posted and duly served for those certain premises described as Lot 80, Assessor Parcel No. 7577-013-030, whose common street address is 26708 Indian Peak Road, Rancho Palos Verdes, California City Clerk Colborn reported that was a request to speak. City Attorney Wynder presented a brief staff report. The following member of the public addressed the City Council: Dawn Cushman. Discussion ensued among Council Members and Staff. Mayor Pro Tem Alegria moved, seconded by Councilmember Ferraro, to adopt Resolution No. 2019-68, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL OF THE CITY'S NOTICE AND ORDER TO ABATE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT OF THE PUBLIC NUISANCE EXISTING AT THE PROPERTY LOCATED AT 26708 INDIAN PEAK ROAD. The motion passed on the following roll call vote: AYES: Alegria, Bradley, Dyda, Ferraro and Mayor Cruikshank NOES: None ABSENT: None City Council Minutes December 17, 2019 Page 8 of 10 5. Consideration and possible action to appoint City Council Members to Intergovernmental Organizations, Associations and City Subcommittees for 2020 City Clerk Colborn reported that late correspondence was received and distributed prior to the meeting and there were no requests to speak. City Clerk Colborn presented a brief staff report. Discussion ensued among Council Members and Staff. Councilman Dyda moved to extend the meeting to 11:15 P.M. Without objection, Mayor Cruikshank so ordered. Councilmember Bradley moved, seconded by Councilmember Dyda, to: (1) appoint the members of the City Council to the various intergovernmental organizations, associations, and City Subcommittees for 2020 as discussed; and (2) Direct Staff to notify the various agencies of the City Council's decision. The motion passed on the following roll call vote: AYES: Alegria, Bradley, Dyda, Ferraro and Mayor Cruikshank NOES: None ABSENT: None 6. Consideration and possible action regarding the Fiscal Year 2018-19 Year-end Unaudited Financial Report, Purchase Order Carry-Forward Schedule, and continuing appropriations City Clerk Colborn reported that there were no requests to speak. Angelina Garcia, Interim Director of Finance, presented a brief staff report. Discussion ensued among Council Members and Staff. Councilmember Bradley moved, seconded by Councilmember Dyda, to: (1) Receive and file the FY 2018-19 Year-end Unaudited Financial Report; (2) Receive and file the Purchase Order Carry-Forward Schedule from FY 2018-19 to FY 2019-20; (3) Approve decreasing the FY 2018-19 Adopted Budget in the amount of$741,432 (General Fund), $535,797 (1911 Act Street Lighting Fund), $4,851 (Proposition A Fund), $9,081 (Proposition C Fund), $113,705 (Measure R Fund), $7,331 (Donor Restricted Contribution Fund, $131,261 (CDBG Fund), $4,054,018 (Infrastructure Improvement Program Fund), $563,665 (State Grant Fund), $862,341 (Quimby Fund) and $116,773 (Equipment Replacement Fund) for purchase order carry-forward, continuing appropriation and projects in process; and (4) Approve amending the FY 2019-20 Adopted Budget in the amount of$741,432 (General Fund), $535,797 (1911 Act Street Lighting Fund), $4,851 (Proposition A Fund), $9,081 (Proposition C Fund), $113,705 (Measure R Fund), $7,331 (Donor Restricted Contribution Fund), $131,261 (CDBG City Council Minutes December 17, 2019 Page 9 of 10 Fund), $4,054,018 (Infrastructure Improvement Program Fund), $563,665 (State Grant Fund), $862,341 (Quimby Fund) and $116,773 (Equipment Replacement Fund) for purchase order carry-forward, continuing appropriations and capital projects in process The motion passed on the following roll call vote: AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic NOES: None ABSENT: None Mayor Cruikshank moved to extend the meeting to 11:25 P.M. Without objection, Mayor Cruikshank so ordered. FUTURE AGENDA ITEMS: The following items were raised by Council Members as future agenda items: Councilmember Bradley requested that a discussion regarding the Eastview annexation be considered at a future meeting. Mayor Cruikshank requested a report on the potential cost of hosting an air show. CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. ADJOURNMENT At 11:22 P.M., Mayor Cruikshank adjourned the meeting in memory of Rolling Hills Councilmember Frank Hill. Mayor Attest: de4164E"' City Clerk City Council Minutes December 17, 2019 Page 10 of 10