CC SR 20180116 B - 20171205 CC MINS DRAFTDRAFT
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
DECEMBER 5, 2017
CALL TO ORDER:
A Regular meeting of the Rancho Palos Verdes City Council was called to order by
Mayor Campbell 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: Brooks, Dyda, Misetich, Duhovic, and Mayor Campbell
ABSENT: None
Also present were Doug Willmore, City Manager; Gabriella Yap, Deputy City Manager;
David Aleshire, City Attorney; Deborah Cullen, Director of Finance; Ara Mihranian,
Director of Community Development; Octavio Silva, Associate Planner; Elias Sassoon,
Public Works Director; Cory Linder, Director of Recreation and Parks; Daniel Trautner,
Deputy Director of Recreation and Parks; Teresa Takaoka, Deputy City Clerk, 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 Councilman Misetich.
MAYOR'S ANNOUNCEMENTS:
Mayor Campbell announced the following: thanked the City of Rolling Hills Estates for
their Holiday Parade; thanked the Council General of Japan for the opportunity to attend
the Emperor's 84th birthday celebration; DTSC Ladera Linda Fields meeting follow-up.
APPROVAL OF THE AGENDA:
Councilwoman Brooks moved, seconded by Councilman Misetich, 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
CEREMONIAL MATTERS AND CERTIFICATION OF ELECTION:
1. Presentation to Mayor Campbell and Councilman Misetich.
Councilman Misetich and Mayor Campbell 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.
Councilman Misetich and Mayor Campbell were also presented with certificates from
Senator Ben Allen (represented by Alena Weaver), Congressman Ted Lieu
(represented by Jeff Thomson), Assemblymember Al Muratsuchi (represented by Jenn
Hardy), and Supervisor Janice Hahn.
2. Remarks by Council Members.
Each Council Member thanked Mayor Campbell and Councilman Misetich for their
years of service.
Mayor Campbell and Councilman Misetich 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 7, 2017.
Councilman Misetich moved, seconded by Councilwoman Brooks, to adopt Resolution
No. 2017-63, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION
HELD IN SAID CITY ON NOVEMBER 7, 2017, DECLARING THE RESULTS AND
SUCH OTHER MATTERS AS PROVIDED BY LAW.
The motion passed on the following roll call vote:
AYES: Brooks, Dyda, Misetich, Duhovic, and Mayor Brooks
NOES: None
ABSENT: None
4. Swearing in and Seating of Newly Elected Council Members Eric Alegria and
John Cruikshank.
Emily Colborn, City Clerk administered the Oath of Office to the newly elected Council
Members Eric Alegria and John Cruikshank.
Supervisor Hahn congratulated Councilman Alegria and Councilman Cruikshank and
presented both with certificates of recognition from the County of Los Angeles.
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Before moving forward, City Clerk Colborn conducted a roll call of the newly seated City
Council and was answered as follows:
PRESENT: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
ABSENT: None
5. Council Reorganization
a. Selection of Mayor
City Clerk Colborn called for nominations for the selection of Mayor.
Councilman Alegria nominated Councilwoman Brooks for Mayor.
With no other nominations, Councilwoman Brooks was appointed as Mayor for the year
2018 with the following roll call vote:
AYES:
Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES:
None
ABSENT:
None
b. Selection of Mayor Pro Tem
Mayor Brooks called for nominations for the selection of Mayor Pro Tem and nominated
Mayor Pro Tem Duhovic.
With no other nominations, Mayor Pro Tem Duhovic was appointed as Mayor Pro Tem
for the year 2018 with the following roll call vote:
AYES:
Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES:
None
ABSENT:
None
c. Comments by newly appointed Mayor, Mayor Pro Tem, and Council
Members.
Councilman Alegria and Councilman Cruikshank expressed gratitude to the City
Council, residents, Staff, and their families for their support.
Mayor Brooks and each of the Council Members congratulated the newly elected
Council Members and provided brief remarks regarding the upcoming work of the next
four years, and support from and service to the community.
Supervisor Hahn congratulated Mayor Brooks on her appointment as Mayor.
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RECESS TO RECEPTION:
Mayor Brooks called for a brief recess at 8:27 P.M. The meeting reconvened at 9:00
P.M.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
Mayor Brooks announced Recyclers of the Month from the November 8, 2017, City
Council meeting: Joan Kunkel and Adrianne Ferree. 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.
PUBLIC COMMENTS:
City Clerk Colborn reported that there were five requests to speak.
April Sandell, expressed her concerns with the proposed Chase Bank on Western
Avenue and Westmont Drive.
Joan Davidson, expressed her concerns regarding the Preliminary Endangerment
Assessment prepared for the Ladera Linda Fields site by the Department of Toxic
Substances Control.
Lenee Bilski, expressed her concerns with the Trump Tract #50666 project which
proposes a new intersection along Palos Verdes Drive South between Schooner and
Conqueror stating the project would be dangerous to motorists, bicyclists, runners, and,
walkers.
Jessica Vlaco, disagreed with earlier statements made by Mayor Campbell regarding
the Ladera Linda Fields Preliminary Endangerment Assessment stating that nowhere on
the report does it mention that the dirt was "clean" like Mayor Campbell stated.
Sha Tahmasebi, expressed her concerns with the Trump Tract #50666 project and
stated she was speaking in support of her neighbors.
CITY MANAGER REPORT:
City Manager Willmore announced the following: Los Angeles County Sheriff's
Department, Lomita Station Santa Claus event. Santa Claus will be visiting
neighborhoods in Rancho Palos Verdes during December 1 — December 18 (weather
permitting); Rancho Palos Verdes Beach Clean -Up Day at Ocean Trails Reserve on
December 16, 2017, 9:00 AM — 12:00 PM; Finance Advisory Committee and Planning
Commission recruitment, apply online or contact the City Clerk's Office.
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CONSENT CALENDAR:
City Clerk Colborn reported that there were requests to speak on Item F.
Mayor Pro Tem Duhovic moved, seconded by Councilmember Dyda, to approve the
Consent Calendar with Item F removed and to be heard immediately after the Consent
Calendar and Item N removed and to be heard after Regular Business.
The motion passed on the following roll call vote:
AYES:
Brooks, Alegria, Dyda, Duhovic, and Mayor Brooks
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 November 8, 2017 Regular City Council meeting.
C. Register of Demands
(1) Adopted Resolution No. 2017-63, 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
(Check date 11/03/2017); and, (2) Adopt Resolution No. 2017-64, 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 (Check date 11/17/17).
D. Consideration and possible action to authorize City participation in the 2020
U.S. Census Local Update of Census Addresses (LUCA) program.
Authorized the Mayor to sign the LUCA Participation Registration Form.
E. Consideration and possible action to authorize the Mayor to execute the
Fourth Tolling Agreement with the BKK Working Group related to the BKK
Corporation Landfill in West Covina.
Authorized the Mayor to execute the attached Fourth Tolling Agreement between the
BKK Working Group and the City of Rancho Palos Verdes.
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F. Consideration and possible action to review the current status of Border Issues.
This item was removed from the Consent Calendar for separate consideration.
G. Consideration and possible action to send a letter in support of California
Water Service's Palos Verdes Peninsula Water Reliability Project.
Authorized the Mayor to sign a letter in support of the Palos Verdes Peninsula Water
Reliability Project.
H. Consideration and possible action to approve the proposed FY18-19
Community Development Block Grant (CDBG) project and budget.
(1) Approved the proposed FY18-19 Community Development project and budget;
(2) Authorized the Director of Public Works to execute an agreement for the FY18-19
CDBG project with the Los Angeles County Community Development Commission
(LACDC), subject to approval as to form by the City Attorney; and,
(3) Authorized 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 FY17-18.
I. Consideration and possible action to adopt ordinances to amend Title 17 and
Title 5 of the Rancho Palos Verdes Municipal Code to prohibit commercial
marijuana activities throughout the City (Case No. ZON2017-00430).
(1) Adopted Ordinance No. 602, AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES AMENDING TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE BY ADDING NEW SECTIONS 17.08.046, 17.12.025, 17.26.035,
17.32.055, 17.34.045, 17.44.045, 17.96.445, AND 17.96.1195 TO PROHIBIT
COMMERCIAL MARIJUANA ACTIVITIES THROUGHOUT THE CITY, AND FINDING
AN EXEMPTION FROM CEQA (CASE NO. ZON2017-00430); and,
(2) Adopted Ordinance No. 603, AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES ADDING A NEW CHAPTER 5.33 (COMMERCIAL MARIJUANA ACTIVITIES
PROHIBITED) TO TITLE 5 (BUSINESS TAXES, LICENSES AND REGULATIONS) OF
THE RANCHO PALOS VERDES MUNICIPAL CODE TO PROHIBIT THE ISSUANCE
OF BUSINESS LICENSES FOR ALL COMMERCIAL MARIJUANA ACTIVITIES IN THE
CITY.
J. Consideration and possible action to approve an agreement for $102,256 with
Crayon Software Experts for a three-year Microsoft Enterprise Agreement (EA).
Approved entering into the Microsoft Enterprise Agreement for the proper licensing of
the City's Microsoft software.
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K. Consideration and possible action to accept Gifts for Parks donations.
Accepted Gifts for Parks donations and direct Staff to prepare donor letters of
appreciation for the Mayor's signature.
L. Consideration and possible action to approve Amendment No. 1 to the
agreements with seven authorized commercial haulers for calendar years
2018, 2019 and 2020.
(1) Approved the Amendment No. 1 to the commercial hauler agreements with
California Waste Services LLC; CalMet Services, Inc.; Consolidated Disposal Service,
LLC DBA Republic Services; EDCO Disposal Corporation; Universal Waste Systems,
Inc.; USA Waste of California, Inc., DBA Waste Management of Los Angeles; and West
Coast Waste & Roll Off Service for calendar years 2018 to 2020; and,
(2) Adopted Resolution No. 2017-65, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES LIMITING THE NUMBER OF HAULERS
AUTHORIZED TO PROVIDE SOLID WASTE COLLECTION AND RECYCLING
SERVICES TO COMMERCIAL PREMISES, AND ROLL OFF SERVICES TO
RESIDENTIAL AND COMMERCIAL PREMISES IN THE CITY OF RANCHO PALOS
VERDES IN CALENDAR YEARS 2018 TO 2020.
M. Consideration and possible action to approve the amended FY17-18 work plan
for the Emergency Preparedness Committee (EPC).
Approved the amended FY17-18 EPC work plan.
N. Consideration and possible action to approve the amended FY17-18 work plan
for the Infrastructure Management Advisory Committee (IMAC).
This item was removed from the Consent Calendar for separate consideration.
O. Consideration and possible action for the City to approve the proposed FY17-
18 Finance Advisory Committee (FAC) Work Plan.
Approved the proposed FY17-18 Finance Advisory Committee Work Plan.
CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT:
F. Consideration and possible action to review the current status of Border Issues.
City Clerk Colborn reported that there were two requests to speak.
April Sandell, commented on the proposed marijuana dispensaries on Western Avenue
and the close proximity to her home.
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Al Sattler, expressed the need to create awareness to young people of the harmful
effects of marijuana.
Discussion ensued among Council Members and Staff.
Mayor Pro Tem Duhovic moved, seconded by Councilman Dyda, to receive and file the
second biannual report on the status of Border Issues for 2017.
The motion passed on the following roll call vote:
AYES:
Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES:
None
ABSENT:
None
PUBLIC HEARINGS:
0l.''m
REGULAR BUSINESS:
After the posting of the agenda it was amended to remove Item #1. This item was not
heard.
2. Consideration and possible action to initiate code amendment proceedings to
Chapters 15.34 (Water Efficient Landscaping), 17.60 (Conditional Use Permits)
and 17.76 (Miscellaneous Permits & Standards) of the City's Municipal Code in
order to address Code inconsistencies and clarify regulations.
Octovio Silva, Associate Planner presented a staff report and PowerPoint presentation.
Discussion ensued among Council Members and Staff.
Councilman Dyda moved, seconded by Mayor Pro Tem Duhovic, to initiate code
amendment proceedings to certain sections of Chapters 15.34 (Water Efficient
Landscaping), 17.60 (Conditional Use Permits), and 17.76.070 (Grading Permit) of the
City's Municipal Code in order to address Code inconsistencies and clarify regulations.
The motion passed on the following roll call vote:
AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: None
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CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER:
N. Consideration and possible action to approve the amended FY17-18 work plan
for the Infrastructure Management Advisory Committee (IMAC).
This item was removed by Councilman Cruikshank from the Consent Calendar for
separate consideration.
Elias Sassoon, Director of Public Works presented a staff report.
City Clerk Colborn reported that there were two requests to speak.
Jon Spain, IMAC Chair spoke regarding the importance of prioritizing projects to better
help the committee in fulfilling the work plan.
Lowell Wedemeyer, expressed concern with the future maintenance of the database
that has been created using history of city projects and is now connected to GIS. Mr.
Wedemeyer urged Council for a commitment to direct Staff to keep the database
current with up-to-date information.
Discussion ensued among Council Members and Staff.
Mayor Pro Tem Duhovic moved, seconded by Councilman Cruikshank, to approve the
amended FY17-18 IMAC work plan.
The motion passed on the following roll call vote:
AYES:
Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES:
None
ABSENT:
None
FUTURE AGENDA ITEMS:
The following items were raised by Councilmembers as future agenda items:
Councilmember Alegria requested an update on the Public Safety Strategic Plan.
Mayor Pro Tem Duhovic requested a status update report on the Automated License
Plate Reader (ALPR) program.
Mayor Brooks requested to move the Portuguese Bend Landflow Feasibility Study from
December 19, 2017 to January 16, 2018.
CITY COUNCIL ORAL REPORTS:
Each Council Member present reported on his/her attendance at various organization
and association meetings.
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RECESS TO AGENCY MEETINGS (SA AND IA):
At 10:23 P.M., the Council recessed to the Successor Agency and Improvement
Authority meetings.
RECONVENE TO OPEN SESSION:
At 10:26 P.M., the Council reconvened the meeting for a Closed Session.
CLOSED SESSION
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 Brooks at 10:25 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, Cruikshank, Dyda, Duhovic, and Mayor Brooks
ABSENT: None
Also present were Doug Willmore, City Manager; Dave Aleshire, City Attorney; Gabriella
Yap, Deputy City Manager; and Emily Colborn, City Clerk.
PUBLIC COMMENTS:
None.
CLOSED SESSION ITEMS ANNOUNCED:
City Attorney Aleshire announced the items to be discussed in Closed Session.
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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.
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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. 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 email communications from Mr. Michael Huang to the City Attorney and
City Council, on miscellaneous dates including October 16, 2017, alleging that an
email sent by Mayor Campbell dated October 4, 2017, regarding the November 7,
2017 election, impugned Mr. Huang's character and damaged his reputation, and
demanding the City take an official position regarding the communication by Mayor
Campbell. Significant exposure to litigation is further based on a cease and desist
letter from Mr. Jeff Lewis to the City Attorney and City Clerk dated October 24, 2017,
alleging that the urgency item placed on the October 17, 2017 closed session
agenda, addressing Mr. Huang's communications as described herein, violated the
Brown Act.
4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
GC 54957
Title: City Attorney (Specialty position)
RECESS TO CLOSED SESSION (FIRESIDE ROOM):
At 10:27 P.M., the Council recessed to Closed Session.
RECONVENE TO OPEN SESSION (MCTAGGARTHALL):
At 12:16 A.M. the Closed Session was adjourn to the Regular meeting.
CLOSED SESSION REPORT:
City Attorney Aleshire reported that with regards to items #1 - 4, matters were discussed
with no reportable action taken.
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ADJOURNMENT:
At 12:17 A.M., Mayor Brooks adjourned the meeting in memory of long term resident,
Angie Papadakis.
Attest:
/s/Emily Colborn
City Clerk
/s/Susan Brooks
Mayor
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