CC DM 20171108 B - 20171003 CC MINS DRAFTDRAFT
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
OCTOBER 3, 2017
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 Campbell at 6:08 P.M. at Fred Hesse Community
Park, McTaggart Hall, 29301 Hawthorne Boulevard.
City Council roll call was answered as follows:
PRESENT: Dyda, Misetich, Duhovic, and Mayor Campbell
ABSENT: *Brooks (excused)
Also present were Doug Willmore, City Manager; Elena Gerli, Assistant City Attorney;
Gabriella Yap, Deputy City Manager; and Emily Colborn, City Clerk.
*Mayor Campbell announced that Councilwoman Brooks was present and in the
Fireside Room.
PUBLIC COMMENTS:
City Clerk Colborn reported that there were no requests to speak.
CLOSED SESSION ITEMS ANNOUNCED:
Assistant Attorney Gerli announced the items to be discussed in Closed Session.
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
GC 54957(b)
Title: City Manager
2. INITIATION OF LITIGATION (Green Hills Memorial Park)
GC 54956.9(d)(4)
Based on existing facts and circumstances, the legislative body of the local agency
has decided to initiate or is deciding whether to initiate litigation against Green Hills
Memorial Park regarding indemnification for litigation in the following cases: Sharon
Loveys vs. City of Rancho Palos Verdes, et al., Los Angeles Superior Court. Case
No. BS166493; Sharon Loveys, et al. vs. City of Rancho Palos Verdes, et al., Los
Angeles Superior Court. Case No. BS160652; Sharon Loveys, et al. vs. City of
Rancho Palos Verdes, et al., Los Angeles Superior Court. Case No. BC629637
3. INITIATION OF LITIGATION BY THE CITY
GC 54956.9(d)(4)
Based on existing facts and circumstances, the legislative body of the local agency
has decided to initiate or is deciding whether to initiate litigation.
One potential case
4. POTENTIAL LITIGATION AGAINST THE CITY
GC 54956.9(d)(2) and (e)(3)
A point has been reached where, in the opinion of the legislative 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,
based on a letter dated April 19, 2016 from Ted. K. Lippincott, legal counsel for Mark
Doddy, to Deputy City Manager Yap; a letter dated May 9, 2016 from Mr. Lippincott
to City Manager Willmore; and, a letter dated August 18, 2016 from Ted. K.
Lippincott, legal counsel for Maria Serrao, to Former Assistant City Attorney
Christina Burrows. A copy of the letters are on file in the City Clerk's Office.
RECESS TO CLOSED SESSION (FIRESIDE ROOM):
At 6:09 P.M., the Council recessed to Closed Session.
ADJOURN TO REGULAR MEETING:
At 7:13 P.M. the meeting was adjourned to the Regular meeting.
REGULAR MEETING
CALL TO ORDER:
A regular meeting of the Rancho Palos Verdes City Council was called to order by
Mayor Campbell at 7:13 P.M. at Fred Hesse Community Park, McTaggart Hall, 29301
Hawthorne Boulevard.
City Council roll call was answered as follows:
PRESENT: Brooks, Dyda, Misetich, Duhovic, and Mayor Campbell
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; So Kim, Deputy Director of
Community Development; Terry Rodrigue, Interim Public Works Director; Nicole Jules,
Deputy Director of Public Works; Ron Dragoo, Principal Civil Engineer; Cory Linder,
Director of Recreation and Parks; and Emily Colborn, City Clerk.
Also present was Captain Beringer, Lomita Station, Los Angeles County Sheriff's
Department.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Noel Park.
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October 3, 2017
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CLOSED SESSION REPORT:
Assistant City Attorney Gerli reported that with regards to items #1, #2, and #4, matters
were discussed with no reportable action taken. Ms. Gerli reported that with regards to
item #3, the Council unanimously decided to move to initiate litigation. Accordingly, the
Council need not identify the action at this time, the defendants, or other particulars.
The nature of the litigation and the parties involved will be announced once the action is
formally commenced and will be disclosed to any person upon inquiry unless to do so
would jeopardize the agency's ability to effectuate service of process on one or more
unserved parties or to do so would jeopardize its stability to conclude existing
settlement negotiations to its advantage.
MAYOR'S ANNOUNCEMENTS:
Mayor Campbell paid tribute to the victims of the mass shooting in Las Vegas and
expressed gratitude to the community for their unity during times of crisis.
Councilwoman Brooks acknowledged the month of October as Breast Cancer
Awareness month.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
Mayor Campbell announced Recyclers of the Month from the September 5, 2017, City
Council meeting: Tammi Wong and Daniel Luvisi. 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 at a value of $60.00.
APPROVAL OF THE AGENDA:
Councilwoman Brooks moved, seconded by Councilman Dyda, to approve the agenda
as presented.
The motion passed on the following roll call vote:
AYES:
Brooks, Dyda, Misetich, Duhovic, and Mayor Campbell
NOES:
None
ABSENT:
None
PUBLIC COMMENTS:
Gary Randall, relayed information regarding the Palos Verdes Artificial Reef Project and
encouraged attendance at a public meeting on October 11, 2017, at the Malaga Cove
Library Gallery Room from 6:00 PM - 8:00 PM to discuss updates for the project.
Sharon Lovers and Debbie Landes, expressed appreciation to the City Council for their
efforts involved with the Green Hills and the Vista Verde lawsuit. They both also
expressed concern with Green Hills not fulfilling the condition of mediation as agreed.
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October 3, 2017
Page 3 of 8
For this reason, Ms. Landes requested that the Council look into revoking the Green
Hills CUP.
Mayor Campbell allowed Mr. Randall to speak a second time since it was on a different
matter.
Gary Randall, spoke in opposition of a filming permit that was issued which caused RPV
beach to be closed to the public for three days.
CITY MANAGER REPORT:
City Manager Willmore announced the following: City Hall will be a Vote by Mail Drop -
Off location for the November 7 Municipal Election from October 10 through November
6 during regular business hours; Kids' Music Fest & Trunk or Treat event on Saturday,
October 21. Volunteers are needed, please contact the Recreation and Parks
Department if interested; Ocean Trails Reserve Beach Clean -Up Day on Saturday,
October 14, 2017, at 9:00 AM -12:00 PM; recap of the October 2, 2017, City's Natural
Communities Conservation Plan (NCCP) and Habitat Conservation Plan (HCP)
workshop.
CONSENT CALENDAR:
City Clerk Colborn reported that late correspondence was distributed prior to the
meeting regarding Item D.
Mayor Pro Tem Duhovic moved, seconded by Councilman Dyda, to approve the
Consent Calendar.
The motion passed on the following roll call vote:
AYES:
Brooks, Misetich, Dyda, Duhovic, and Mayor Campbell
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 August 15, 2017, and September 5, 2017, City Council
meetings.
DRAFT - City Council Agenda
October 3, 2017
Page 4 of 8
C. Register of Demands
(1) Adopted Resolution No. 2017-54, 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 (register date 09/08/17); and
(2) Adopted Resolution No. 2017-55, 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 (register date 09/22/17).
D. Consideration and possible action to submit veto and signature requests to
Governor Brown regarding various pending bills.
(1) Authorized the Mayor to sign a signature request to Governor Brown regarding
AB 1408 (Crimes: Supervised Release); (2) Authorized the Mayor to sign a veto
request to Governor Brown regarding SB 35 (Planning and Zoning: Affordable
Housing: Streamlined Approval Process); (3) Authorized the Mayor to sign a veto
request to Governor Brown regarding SB 231 (Local Government: Fees and
Charges); and, (4) Authorized the Mayor to sign a veto request to Governor Brown
regarding SB 649 (Wireless Telecommunications Facilities).
E. Consideration and possible action regarding the August 2017 Cash Balances/
Monthly Treasurer's Report.
Received and filed the August 2017 Cash Balances/Monthly Treasurer's Report.
F. Consideration and possible action to award a Public Works Agreement to
Econolite Systems for the Traffic Signal Maintenance Contract FY 2017-2018
through FY 2021-2022.
(1) Awarded a multi-year Public Works Agreement to Econolite Systems for the
Traffic Signal Maintenance Contract FY 2017-2018 through FY 2021-2022 in an
amount not -to -exceed $121,910 excluding inflationary changes in the producer price
index; and, (2) Authorized the Mayor and City Clerk to execute the agreement with
Econolite Systems pending City Attorney's approval as to form.
G. Consideration and possible action to adopt a resolution authorizing the City's
use of Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017
(RMRA), funds towards the rehabilitation of Crest Road East.
Adopted Resolution No. 2017-56, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES AMENDING THE FISCAL YEAR 2017-
18 BUDGET TO INCORPORATE CREST ROAD EAST ROADWAY
REHABILITATION PROJECT TO BE FUNDED BY SB 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT
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October 3, 2017
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CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT:
None.
PUBLIC HEARINGS:
None.
REGULAR BUSINESS:
1. Consideration and possible action regarding a stipulated proposed consent
decree settling a Clean Water Act case against the City by California River
Watch ("RW").
City Clerk Colborn reported that late correspondence was received and distributed prior
to the meeting.
Christine Carson, Aleshire and Wynder Senior Associate, presented a brief staff report.
Discussion ensued among Council Members and Staff.
Councilwoman Brooks moved, seconded by Councilman Dyda, to (1) adopt Resolution
No. 2017-57, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, CALIFORNIA, APPROVING A STIPULATED PROPOSED
CONSENT DECREE SETTLEMENT BETWEEN THE CITY AND CALIFORNIA RIVER
WATCH; and (2) approve the proposed settlement which would become effective after
stipulated proposed consent decree is fully executed by all parties and approved by the
court, and approve stipulated proposed consent decree.
The motion passed on the following roll call vote:
AYES:
Brooks, Dyda, Misetich, Duhovic and Mayor Campbell
NOES:
None
ABSENT:
None
2. Consideration and possible action to introduce a Video Service Providers
Regulatory Ordinance.
Gabriella Yap, Assistant City Manager presented a staff report.
Discussion ensued among Council Members and Staff.
Mayor Pro Tem Duhovic moved, seconded by Councilwoman Brooks, to remand the
Video Service Providers Regulatory Ordinance back to Staff to address the issues
raised by the City Council and bring back at a future meeting.
The motion passed on the following roll call vote:
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October 3, 2017
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AYES:
Brooks, Dyda, Misetich, Duhovic and Mayor Campbell
NOES:
None
ABSENT:
None
3. Consideration and possible action to initiate code amendment proceedings in
order to prohibit commercial marijuana activities in the City.
City Clerk Colborn reported that late correspondence was received and distributed prior
to the meeting.
So Kim, Deputy Director of Community Development, presented a staff report.
Discussion ensued among Council Members and Staff.
Councilwoman Brooks moved, seconded by Councilman Dyda, to initiate code
amendment proceedings to amend Title 17 (Zoning) of the Rancho Palos Verdes
Municipal Code in order to prohibit commercial marijuana activities in the City that will
be licensed by the State beginning in January 2018 (Case No. ZON2017-00430).
The motion passed on the following roll call vote:
AYES:
Brooks, Dyda, Misetich, Duhovic and Mayor Campbell
NOES:
None
ABSENT:
None
Mayor Campbell called for a brief recess at 8:09 P.M. The meeting reconvened at 8:18
P.M.
4. Consideration and possible action to execute the Purchase and Sale
Agreement with Southern California Edison (SCE) for the acquisition of SCE -
owned street lights.
City Clerk Colborn reported that late correspondence was received and distributed prior
to the meeting and that there was one request to speak.
Nicole Jules, Deputy Director of Public Works, presented a staff report.
Noel Park, spoke in support of the item and urged the Council to move forward with the
agreement.
Discussion ensued among Council Members and Staff.
Councilman Dyda moved, seconded by Councilwoman Brooks, to authorize the Mayor
and City Clerk to execute the Purchase and Sale Agreement with Southern California
Edison (SCE) for the acquisition of the City's 1,799 LS -1 streetlights for an amount not -
to -exceed $667,216 (acquisition and transaction costs) and $57,838 (severance Costs),
for a total authorized amount of $724,054.
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October 3, 2017
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The motion passed on the following roll call vote:
AYES:
Brooks, Dyda, Misetich, Duhovic and Mayor Campbell
NOES:
None
ABSENT:
None
CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER:
None.
FUTURE AGENDA ITEMS:
The following items were raised by Councilmembers as future agenda items:
Councilmember Dyda requested RPVty programing options and how the programing is
directed and managed.
Councilwoman Brooks requested a report reviewing the City's Film Ordinance including
filing activities and regulations.
Mayor Campbell requested the review of the Green Hills CUP for January 2018 and
expanding the Emergency Preparedness Committee scope to include active shooter
education and preparedness.
CITY COUNCIL ORAL REPORTS:
Each Council Member present reported on his/her attendance at various organization
and association meetings.
ADJOURNMENT:
At 8:55 P.M., Mayor Campbell adjourned to 6:00 P.M. on October 17, 2017, for a
Closed Session meeting and 7:00 P.M. for a regular meeting.
Attest:
/s/Emily Colborn
City Clerk
/s/Brian Campbell
Mayor
DRAFT - City Council Agenda
October 3, 2017
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