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CC DM 20200519 B - 20191203 CC MINS DRAFTDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING DECEMBER 3, 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 6:15 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 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. PENDING LITIGATION – 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 RECESS TO CLOSED SESSION (FIRESIDE ROOM): At 6:18 P.M., the Council recessed to Closed Session. ADJOURN TO REGULAR MEETING: At 7:00 P.M. the Closed Session was adjourned to the Regular meeting. DRAFT - City Council Minutes December 3, 2019 Page 2 of 8 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 7:09 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, Dyda, Cruikshank, and Mayor Duhovic ABSENT: None Also present were Ara Mihranian, Interim City Manager; William W. Wynder, City Attorney; Angelina Garcia, Interim Director of Finance; Terry Rodrigue, Interim Director of Community Development; Elias Sassoon, Director of Public Works; 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 Sheriff’s Department PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Ara Mihranian, Interim City Manager CLOSED SESSION REPORT: City Attorney Wynder reported that with regards to Closed Session Item No. 1(a) regarding a nuisance abatement action, the Los Angeles County Superior Court granted the City’s motion for summary judgement on all grounds. Immediately following that ruling the City issued and posted a Notice to Abate a Public Nuisance. The property owner has until December 12, 2019 to comply otherwise the City Attorney will proceed with issuing an abatement warrant. With regards to Closed Session Item No. 1(b) the court ruled in favor of the City on all grounds. The case is now pending on appeal. MAYOR’S ANNOUNCEMENTS: 1. Heroes Among Us Presentation for Sergeant Harold A. “Hal” Kennedy Mayor Duhovic and the City Council honored Sergeant Kennedy with a proclamation for his service to our country. 2. Farewell presentation to outgoing Deputy City Manager Gabriella Yap Mayor Duhovic along with the City Council wished Deputy City Manager Gabriella Yap a farewell and thanked her for her many accomplishments during her time at the City. DRAFT - City Council Minutes December 3, 2019 Page 3 of 8 APPROVAL OF THE AGENDA: Councilman Alegria moved, seconded by Mayor Pro Tem Cruikshank, to approve the agenda as presented. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Dyda, Cruikshank, and Mayor Duhovic NOES: None ABSENT: None CEREMONIAL MATTERS AND CERTIFICATION OF ELECTION: 1. Presentation to Councilwoman Brooks and Mayor Duhovic Councilwoman Brooks and Mayor Duhovic were commended for their years of service and were acknowledged for their various contributions to the City and community. Each were presented with a plaque recognizing their years of service on the City Council and a customized RPV street sign. Councilwoman Brooks and Mayor Duhovic were also presented with certificates from various public officials. 2. Remarks by Council Members Each Council Member acknowledged Councilwoman Brooks and Mayor Duhovic for their years of service. Councilwoman Brooks and Mayor Duhovic provided remarks regarding their tenure on the City Council. Both expressed great appreciation to the Council Members, Staff, and residents for their support. 3. Consideration and possible action to certify the results of the General Municipal Election of November 5, 2019 Councilwoman Brooks moved, seconded by Councilman Dyda, to adopt Resolution No. 2019-64, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2019, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW . The motion passed on the following roll call vote: AYES: Alegria, Brooks, Dyda, Cruikshank, and Mayor Duhovic NOES: None ABSENT: None DRAFT - City Council Minutes December 3, 2019 Page 4 of 8 4. Swearing in and Seating of Newly Elected Council Members Ken Dyda, David Bradley and Barbara Ferraro Emily Colborn, City Clerk, administered the Oath of Office to re -elected Council Member Ken Dyda and newly elected Council Members David Bradley and Barbara Ferraro. City Clerk Colborn conducted a roll call of the newly seated City Council and was answered as follows: PRESENT: Alegria, Bradley, Dyda, Ferraro, and Cruikshank ABSENT: None 5. Council Reorganization a. Selection of Mayor City Clerk Colborn called for nominations for the selection of Mayor. Councilmember Dyda nominated Mayor Pro Tem Cruikshank for Mayor. With no other nominations, Mayor Pro Tem Cruikshank was appointed as Mayor for the year 2020 with the following roll call vote: AYES: Alegria, Bradley, Dyda, Ferraro, and Mayor Cruikshank NOES: None ABSENT: None b. Selection of Mayor Pro Tem Mayor Cruikshank called for nominations for the selection of Mayor Pro Tem. Councilmember Ferraro nominated Councilmember Alegria for Mayor Pro Tem. With no other nominations, Councilmember Alegria was appointed as Mayor Pro Tem for the year 2020 with the following roll call vote: AYES: Alegria, Bradley, Dyda, Ferraro, and Mayor Cruikshank NOES: None ABSENT: None c. Comments by newly appointed Mayor, Mayor Pro Tem, and newly elected Council Members Councilmembers Dyda, Bradley and Ferraro expressed gratitude to the City Council, residents, Staff, and their families for their support. Mayor Cruikshank and Mayor Pro Tem Alegria congratulated the newly elected Council Members. DRAFT - City Council Minutes December 3, 2019 Page 5 of 8 RECESS TO RECEPTION: Mayor Cruikshank called for a recess at 9:02 P.M. for a reception in honor of the outgoing and incoming Council Members CALL TO ORDER: At 9:29 P.M. Mayor Cruikshank reconvened the meeting and City Clerk Colborn conducted a roll call. City Council roll call was answered as follows: PRESENT: Bradley, Dyda, Ferraro, Alegria, and Mayor Cruikshank ABSENT: None RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Cruikshank announced the Recycle Winners from the November 19, 2019, City Council meeting: Laura Warren and Maureen Sassoon. 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 value d at $60.00. PUBLIC COMMENTS: The following members of the public addressed the City Council: Larry Maizlish, Lori Brown, Noel Park, and Noel Weiss. CITY MANAGER REPORT: Interim City Manager Mihranian announced the following: congratulated the newly seated City Council; thanked those that attended the City’s holiday party; Rolling Hills Estates parade on December 7; Santa visits (escorted by the Sheriff Department) though Rancho Palos Verdes neighborhoods on December 13 and 18; and gave an update on the completion of the trail connection for the Deadman’s Curve Segment (Conestoga Trail). CONSENT CALENDAR: City Clerk Colborn reported that late correspondence was distributed prior to the meeting regarding Items D, E, G, F, and H. Councilmember Dyda moved, seconded by Mayor Pro Tem Alegria, to approve the Consent Calendar as presented. The motion passed on the following roll call vote: DRAFT - City Council Minutes December 3, 2019 Page 6 of 8 AYES: Bradley, Dyda, Ferraro, Alegria, and Mayor Cruikshank 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. Register of Demands Adopted Resolution No. 2019-65, 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. C. Consideration and possible action regarding the October 2019 Cash Balances/ Monthly Treasurer’s Report Received and filed the October 2019 Cash Balances/Monthly Treasurer’s Report D. Consideration and possible action to accept Gifts for Parks donations Accepted Gifts for Parks donations and directed Staff to prepare donor letters of appreciation for the Mayor’s signature E. Consideration and possible action to adopt Ordinance No. 631 revising the City’s Landslide Moratorium Ordinance to allow for the residential development of 31 undeveloped lots in Zone 2 Second reading and adoption of Ordinance No. 631, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 15.20 (MORATORIUM ON LAND USE PERMITS) OF TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO AMEND EXCEPTION CATEGORY ‘P’ TO ALLOW FOR THE FUTURE DEVELOPMENT 31 UNDEVELOPED LOTS IN ZONE 2 OF THE CITY’S LANDSLIDE MORATORIUM AREA F. Consideration and possible action to enter into an agreement with Vigilant Solutions, Inc. to purchase Phase 2 ALPR cameras for Eastview neighborhoods along Western Avenue Entered into an Agreement with Vigilant Solutions, Inc. in a form approved by the City Attorney, to purchase Phase 2 ALPR cameras for Eastview neighborhoods along Western Avenue G. Consideration and possible action to receive and file a status report on the City’s enforcement of the prohibition of short-term rentals DRAFT - City Council Minutes December 3, 2019 Page 7 of 8 Received and filed a status report on the enforcement of the City’s prohibition of short-term rentals H. Consideration and possible action to authorize the City Clerk to file a Notice of Completion for the Trail Connection for the Deadman’s Curve Segment (Conestoga Trail) Project No. TR2017-01 (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 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 (3) Authorized the Director of Public Works to release the 5% construction retention payment to KASA Construction, Inc., a California corporation, 35 days after recordation of the Notice of Completion by the Los Angeles County Registrar-Recorder’s Office, contingent upon no claims being filed on the project, and the contractor posting an acceptable warranty bond with the City CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: None. PUBLIC HEARINGS: None. REGULAR BUSINESS: 1. Consideration and possible action to receive and file the third quarterly status report on the implementation of the City’s Coyote Management Plan City Clerk Colborn reported that there was a request to speak. Rudy Monroy, Code Enforcement Officer, presented a staff report and PowerPoint presentation. The following member of the public addressed the City Council: Noel Park. Discussion ensued among Council Members and Staff. Mayor Pro Tem moved to extend the meeting to 10:40 P.M. Without objection, Mayor Cruikshank so ordered Councilmember Dyda moved, seconded by Mayor Pro Tem Alegria, to receive and file the third quarterly status report on the implementation of the City’s Coyote Management Plan. DRAFT - City Council Minutes December 3, 2019 Page 8 of 8 The motion passed on the following roll call vote: AYES: Bradley, Dyda, Ferraro, Alegria, and Mayor Cruikshank NOES: None ABSENT: None CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER: None. FUTURE AGENDA ITEMS: The following items were raised by Council Members as future agenda items: Councilmember Dyda requested a discussion on a potential Ladera Linda Council Subcommittee. Councilmember Bradley requested a discussion on a 5G Citywide Master Plan. CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. ADJOURNMENT At 10:42 P.M., Mayor Cruikshank adjourned to 6:00 P.M. on December 17, 2019, for a Closed Session meeting and 7:00 P.M. for a Regular meeting. /s/ John Cruikshank Mayor Attest: /s/ Emily Colborn City Clerk