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CC DM 20200616 B - 20191106 CC MINS DRAFTDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING NOVEMBER 6, 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 Pro Tem Cruikshank at 6:00 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: Brooks, Dyda, and Mayor Pro Tem Cruikshank ABSENT: Alegria (excused) and Mayor Duhovic (excused) 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. City Clerk Colborn announced that Mayor Duhovic would be participating via teleconference from the Warwick Hotel, 1776 Grant St, Denver CO, 80203 Councilman Alegria and Mayor Duhovic joined the Closed Session at 6:08 P.M. 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 2. POTENTIAL LITIGATION AGAINST THE CITY GC 54956.9(d)(2) and (e)(1) DRAFT - City Council Minutes November 6, 2019 Page 2 of 11 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. RECESS TO CLOSED SESSION (FIRESIDE ROOM): At 6:05 P.M., the Council recessed to Closed Session. ADJOURN TO REGULAR MEETING: At 6:43 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 Pro Tem Cruikshank at 7:01 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 City Clerk Colborn announced that Mayor Duhovic would be participating via teleconference from the Warwick Hotel, 1776 Grant St, Denver CO, 80203 Also present were Doug Willmore, City Manager; Gabriella Yap, Deputy City Manager; William W. Wynder, City Attorney; Angelina Garcia, Interim Director of Finance; Ara Mihranian, Director of Community Development; Kit Fox, Interim Deputy Director of Community Development; Octavio Silva, Senior Planner; Elias Sassoon, Director of Public Works; Charles Eder, PE, Associate 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 Sheriff’s Department. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by City Manager Doug Willmore. DRAFT - City Council Minutes November 6, 2019 Page 3 of 11 CLOSED SESSION REPORT: City Attorney Wynder reported that with regards to Closed Session Nos. 1(a), 1(b), and 2, matters were discussed with no reportable action taken. MAYOR’S ANNOUNCEMENTS: Mayor Pro Tem Cruikshank and the City Council honored Staff Sergeant Greg Marcelo for his dedicated military service and Mr. Seymour “Snowy” Coates for his dedicated service with the United States Navy. Mayor Pro Tem Cruikshank also spoke regarding the November 5, 2019, election results. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Pro Tem Cruikshank announced the Recycle Winners for the October 15, 2019, City Council meeting: Leslie Tanouye and James Au. 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. APPROVAL OF THE AGENDA: Councilman Alegria moved, seconded by Councilman Dyda, to approve the agenda as presented. 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, Kathy Campbell, Tracy Beecher, Sharon Jang, and Lori Brown. CITY MANAGER REPORT: City Manager Willmore announced the following: acknowledged the election candidates for their willingness to run for City Council and reminded them to remove all campaign signs promptly; Local Authors Book Signing event on Saturday, November 9th at PVIC; registration open for Brunch with Santa event on December 7th at Hesse Park; and installation of LED street lights begins. DRAFT - City Council Minutes November 6, 2019 Page 4 of 11 CONSENT CALENDAR: City Clerk Colborn reported that late correspondence was distributed prior to the meeting regarding Items B, E, G, and K. Councilwoman Brooks moved, seconded by Councilman Dyda, to approve the Consent Calendar with Item H removed and to be heard after Regular Business. 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 September 17, 2019, Regular meeting. C. Register of Demands Adopted Resolution No. 2019-51, 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 September 2019 Cash Balances/Monthly Treasurer’s Report Received and filed the September 2019 Cash Balances/Monthly Treasurer’s Report . E. Consideration and possible action to sign the purchase agreement for two tax- defaulted properties in the City (APNs 7566-015-026 and 7583-022-012) Authorized the Mayor and City Clerk to sign Chapter 8 Agreement 2830 to purchase a vacant lot on Crownview Drive (APN 7566-015-026) and a vacant lot abutting the Agua Amarga Reserve (APN 7583-022-012). F. Consideration and possible action to adopt various resolutions for City officials to conduct investments and financial transactions; designating the City Treasurer and Deputy City Treasurer; and designating signatories with various financial institutions DRAFT - City Council Minutes November 6, 2019 Page 5 of 11 (1) Adopted Resolution No. 2019-52, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING INVESTMENT OF RANCHO PALOS VERDES MONIES IN LOCAL AGENCY INVESTMENT FUND; (2) Adopted Resolution No. 2019-53, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING CERTAIN OFFICIALS TO CONDUCT FINANCIAL TRANSACTIONS WITH VARIOUS FINANCIAL INSTITUTIONS AND DESIGNATING THE CITY TREASURER AND DEPUTY CITY TREASURER; (3) Adopted Resolution No. 2019-54, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DESIGNATING SIGNATORIES FOR ACCOUNTS WITH VARIOUS FINANCIAL INSTITUTIONS; and (4) Adopted Resolution No. 2019-55, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING THE FORM OF A CUSTODIAN AGREEMENT WITH VINING-SPARKS IBG, LIMITED PARTNERSHIP, DESIGNATING “AUTHORIZED OFFICERS” AND TAKING CERTAIN OTHER ACTIONS RELATING THERETO. G. Consideration and possible action to authorize the City Clerk to file a Notice of Completion for the ADA Access Improvements – Crosswalks in Area 1 Project (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 EBS General Engineering, Inc., a California corporation, 35 days after recordation of the Notice of Completion by the L.A. County Registrar-Recorder’s Office, contingent on no claims being filed on the project, and the contractor posting an acceptable warranty bond with the City. H. Consideration and possible action to adopt a resolution authorizing the City to apply for an SB 2 planning grant to facilitate and streamline the development process for mixed-use projects in certain commercial zoning districts This item was removed from the Consent Calendar for separate consideration. I. Consideration and possible action to approve Amendment No. 1 to the professional services agreement with Rincon Consultants, Inc. to complete an updated Environmental Impact Report associated with proposed code amendments to Zone 2 of the Landslide Moratorium Ordinance (Case No. PLCA2018-0004) Approved Amendment No. 1 to the professional services agreement with Rincon Consultants, Inc. in an amount not to exceed $18,325 to complete an updated Environmental Impact Report to update the Landslide Moratorium Ordinance pertaining to Zone 2, subject to approval as to form by the City Attorney. DRAFT - City Council Minutes November 6, 2019 Page 6 of 11 J. Consideration and possible action to adopt the health benefit rates for the new calendar year Adopted Resolution No. 2019-57, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES TO ADJUST THE CITY'S MAXIMUM MONTHLY CONTRIBUTION AMOUNTS FOR EMPLOYEE AND COUNCIL MEMBER HEALTH INSURANCE PREMIUMS AND RESCINDING AND REPLACING RESOLUTION NO. 2018-81. K. Consideration and possible action to receive and file a status report on agreements releasing and adding deed restrictions over the Civic Center property Received and filed a status report. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: None. PUBLIC HEARINGS: 1.Consideration and possible action to adopt Ordinance No. 630 adopting the 2019 Californi a Building Standards Code City Clerk Colborn reported that notice of the public hearing was duly published, no written protest were received. Mayor Pro Tem Cruikshank declared the public hearing open. Ara Mihranian, Director of Community Development, presented a staff report. With no requests to speak, Mayor Pro Tem Cruikshank declared the public hearing closed. Discussion ensued among Council Members and Staff. Councilman Alegria moved, seconded by Councilwoman Brooks, to adopt Ordinance No. 630, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING BY REFERENCE THE 2019 EDITION OF THE CALIFORNIA BUILDING, RESIDENTIAL, GREEN BUILDING STANDARDS, PLUMBING, ELECTRICAL, AND MECHANICAL CODES, WHICH ARE CODIFIED IN TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, CHAPTER 7A OF TITLE 26 OF THE LOS ANGELES COUNTY CODE, THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS 1997 EDITION, THE UNIFORM HOUSING CODE 1997 EDITION, AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2018 EDITION, WITH DRAFT - City Council Minutes November 6, 2019 Page 7 of 11 APPENDICES AND AMENDMENTS THERETO; AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic NOES: None ABSENT: None REGULAR BUSINESS: 2.Consider the joint report of the Council Ad Hoc Sub-committee and the Office of the City Attorney on the efforts to obtain compliance with Public Records Act requests, codified in Government Code §§ 6250 et seq., from Mr. Brian Campbell; and Consider the joint report of the Council Ad Hoc Sub-committee and the Office of the City Attorney on the investigation into possible violations of the “Closed Session Privilege,” codified in Government Code §§ 54950 et seq. City Clerk Colborn reported that late correspondence was received and distributed prior to the meeting and there was a request to speak. William Wynder, City Attorney, presented a staff report. The following member of the public addressed the City Council: Bob Nelson. Discussion ensued among Council Members and Staff. Councilwoman Brooks moved, seconded by Mayor Duhovic, to receive and file the joint reports, consider the recommendations (included in Agenda Item No. 3) of the Council Ad Hoc Sub-committee, consider the options and recommendation (included in Agenda Item No. 3) of the City Attorney, and provide such direction (at the November 19, 2019, Closed Session) to City Staff and the City Attorney as the City Council deems appropriate consistent with the requirements of law. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic NOES: None ABSENT: None 3.Consideration and possible action to (1) amend the City Council Rules of Procedure, (2) adopt Policy No. 55 regarding Closed Session, and (3) adopt by reference certain sections of the Rules of Procedure, relating to closed session and the use of emails, and making a violation thereof a misdemeanor. William Wynder, City Attorney, presented a staff report. DRAFT - City Council Minutes November 6, 2019 Page 8 of 11 With no requests from the public to speak, discussion ensued among Council Members and Staff. Councilwoman Brooks moved, seconded by Councilmember Alegria, to (1) Adopt Resolution No. 2019-58, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING SECTION 3.6 (CLOSED SESSIONS MEETINGS) OF CHAPTER 3 (TYPES OF MEETINGS), SECTION 10.2 (APPOINTMENTS), SECTIONS 10.4 (USE OF EMAIL) AND 10.5 (DEFENSE AND INDEMNIFICATION) OF CHAPTER 10 (BOARDS, COMMISSIONS, COMMITTEES, AND SUBCOMMITTEES), CHAPTER 11 (PUBLIC RECORDS AND USE OF EMAIL), AND MISCELLANEOUS CLEAN-UP AMENDMENTS OF THE CITY COUNCIL RULES OF PROCEDURE, as amended with substitution of wording (“shall” to “must/will” as appropriate); and amend Section 10.4 compliance deadline to respond in 30 days rather than 90 days; (2) Adopt Resolution No. 2019-59, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING COUNCIL POLICY NO. 55, RELATING TO CLOSED SESSIONS; and (3) Introduce Ordinance No. 629, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADDING CHAPTER 1.18 (RULES OF PROCEDURE) TO THE RANCHO PALOS VERDES MUNICIPAL CODE, ADOPTING BY REFERENCE SECTION 3.6 (CLOSED SESSION MEETINGS) OF CHAPTER 3.0 (TYPES OF MEETINGS), SECTION 10.4 (USE OF EMAILS) OF CHAPTER 10.0 (BOARDS, COMMISSIONS, COMMITTEES, AND SUBCOMMITTEES), AND CHAPTER 11 (PUBLIC RECORDS AND USE OF EMAIL) OF THE CITY COUNCIL RULES OF PROCEDURE, AND MAKING VIOLATIONS THEREOF A MISDEMEANOR AND A PUBLIC NUISANCE. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic NOES: None ABSENT: None Mayor Pro Tem Cruikshank called for a recess at 8:39 P.M. The meeting reconvened at 8:57 P.M. Mayor Duhovic excused himself for the remainder of the meeting at 8:57 P.M. 4.Consideration and possible action to receive and file a report on the City’s policies and procedures regarding the encroachment of private improvements into the public right-of-way City Clerk Colborn reported that there were requests to speak. Kit Fox, Interim Deputy Director of Community Development, presented a staff report and PowerPoint presentation. The following members of the public addressed the City Council: Kathy Campbell, Dale Spiegel, Mickey Rodich, and Peter Shaw. DRAFT - City Council Minutes November 6, 2019 Page 9 of 11 Discussion ensued among Council Members and Staff. Councilwoman Brooks moved, seconded by Councilman Alegria, to receive and file a report on the City’s policies and procedures regarding the encroachment of private improvements into the public right-of-way and directed staff to return at a future date to address setting priorities regarding encroachment policies/issues of concern. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Dyda, and Cruikshank NOES: None ABSENT: Mayor Duhovic 5.Consideration and possible action to adopt a resolution supporting balance and local control of energy solutions Councilwoman Brooks moved to waive the staff report on this item. Without objection, Mayor Pro Tem Cruikshank so ordered. With no requests from the public to speak, discussion ensued among Council Members and Staff. Councilwoman Brooks moved, seconded by Mayor Pro Tem Cruikshank, to adopt Resolution No. 2019-60, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES SUPPORTING BALANCED ENERGY SOLUTIONS AND MAINTAINING LOCAL CONTROL OVER ENERGY SOLUTIONS. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Dyda, and Cruikshank NOES: None ABSENT: Mayor Duhovic 6.Consideration and possible action to approve compensation changes for part- time employees as a result of the state’s minimum wage increase Mayor Pro Tem Cruikshank moved to waive the staff report on this item. Without objection, Mayor Pro Tem Cruikshank so ordered. With no requests from the public to speak, discussion ensued among Council Members and Staff. Councilwoman Brooks moved, seconded by Councilman Dyda, to adopt Resolution No. 2019-61, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING, RESTATING, AND SUPERSEDING DRAFT - City Council Minutes November 6, 2019 Page 10 of 11 RESOLUTION NO. 2019-36 SETTING THE SALARY AND HOURLY COMPENSATION SCHEDULE FOR ALL EMPLOYEES IN CITY SERVICE. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Dyda, and Cruikshank NOES: None ABSENT: Mayor Duhovic CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER: H. Consideration and possible action to adopt a resolution authorizing the City to apply for an SB 2 planning grant to facilitate and streamline the development process for mixed-use projects in certain commercial zoning districts This item was removed by Councilman Dyda from the Consent Calendar for separate consideration. Kit Fox, Interim Deputy Director of Community Development, presented a staff report. Discussion ensued among Council Members and Staff. Mayor Pro Tem Cruikshank moved, seconded by Councilman Alegria, to adopt Resolution No. 2019-56, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING APPLICATION FOR, AND RECEIPT OF, SB 2 PLANNING GRANTS PROGRAM FUNDS. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Dyda, and Cruikshank NOES: None ABSENT: Mayor Duhovic 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 10:18 P.M., Mayor Pro Tem Cruikshank adjourned to 6:00 P.M. on November 19, 2019, for a Closed Session meeting and 7:00 P.M. for a Regular meeting. DRAFT - City Council Minutes November 6, 2019 Page 11 of 11 /s/ John Cruikshank Mayor Pro Tem Attest: /s/ Emily Colborn City Clerk