CC AGD 20180116
AGENDA
RANCHO PALOS VERDES CITY COUNCIL MEETING
TUESDAY, JANUARY 16, 2018
FRED HESSE COMMUNITY PARK, MCTAGGART HALL
29301 HAWTHORNE BOULEVARD, RANCHO PALOS VERDES 90275
5:30 P.M. – CLOSED SESSION – SPECIAL MEETING
6:00 P.M. – STUDY SESSION
7:00 P.M. – REGULAR MEETING
NEXT RESOLUTION NO. 2018-01 NEXT ORDINANCE NO. 605
5:30 P.M. CLOSED SESSION – SPECIAL MEETING
CALL TO ORDER:
Mayor Brooks
ROLL CALL:
Councilman Alegria
Councilman Cruikshank
Councilman Dyda
Mayor Pro Tem Duhovic
Mayor Brooks
PUBLIC COMMENTS FOR CLOSED SESSION:
This section is intended to provide members of the public with the opportunity to comment on listed Closed Session items. Each
speaker will be limited to three (3) minutes to address the City Council. Those wishing to speak are asked to complete a REQUEST
TO ADDRESS THE CITY COUNCIL form located on the table across from the entrance and submit it to the City Clerk. You will be
called at the appropriate time to make your remarks.
CLOSED SESSION ITEMS ANNOUNCED:
Based on Government Code Section 54954.5. All Statutory References are to California Government Code Sections
POTENTIAL LITIGATION AGAINST THE CITY
1.
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.
EXISTING LITIGATION
2.
GC 54956.9(d)(1)
Existing litigation in the case of People of the State of California, by and through, the
City of Rancho Palos Verdes v. David Milburn Leeper, Los Angeles Superior Court
Case Number 7TR03854.
INITIATION OF LITIGATION BY CITY
3.
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.
INITIATION OF LITIGATION BY CITY
4.
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.
POTENTIAL LITIGATION AGAINST THE CITY
5.
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. The communications from Mr. Huang and Mr. Lewis are available for
public inspection at the City Clerk’s Office.
POTENTIAL LITIGATION AGAINST THE CITY
6.
GC 54956.9(d)(2) and (e)(2)
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 from Green Hills Memorial Park’s attorney Ellen Berkowitz, dated
December 4, 2017, relating to potential California Public Records Act violations by
the City, former Mayor Brian Campbell, and Planning Commissioner David Tomblin.
The letter is available for public inspection at the City Clerk’s Office.
City Council Agenda
January 16, 2018
Page 2 of 8
POTENTIAL LITIGATION AGAINST THE CITY
7.
GC 54956.9(d)(2) and (e)(2)
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 from Green Hills Memorial Park’s attorney Ellen Berkowitz, dated
December 21, 2017, regarding alleged bias against Green Hills by Planning
Commissioner David Tomblin, and specifically relating to alleged bias by
Commissioner Tomblin at a permit hearing on November 28, 2017 before the
Planning Commission; as well as a request for an investigation relating to alleged
suspected closed session leaks. The letter is available for public inspection at the
City Clerk’s Office.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
8.
GC 54957
Title: City Attorney (Specialty position)
RECESS TO CLOSED SESSION ():
FIRESIDE ROOM
RECONVENE TO STUDY SESSION ():
MCTAGGART HALL
6:00 P.M. – STUDY SESSION
Immediately Following the Closed Session
The Study Session will commence immediately following the Closed Session. The primary purpose of the Study Session is to
provide an opportunity for the Council members to interact freely and informally, ask questions and discuss policy items that are
listed on the agenda for that specific Study Session. The City Council will also provide direction to Staff regarding upcoming agenda
items and tentative agendas, including prioritization of agenda items that are listed on the agenda for that specific study session. No
action shall be taken during any Study Session unless the agenda so provides.
PUBLIC COMMENTS FOR STUDY SESSION:
This section is intended to provide members of the public with the opportunity to comment on Study Session items only. Each
speaker will be limited to one (1) minute to address the City Council. Those wishing to speak are asked to complete a REQUEST
TO ADDRESS THE CITY COUNCIL form located on the table across from the entrance and submit it to the City Clerk. You will be
called at the appropriate time to make your remarks.
DISCUSSION TOPICS FOR STUDY SESSION:
SS1. Review of Tentative Agendas and ongoing City Council Goals and Priorities
Recommendation:
Receive and file the Tentative Agendas and City Council
Goals and Priorities.
ADJOURN TO REGULAR MEETING:
City Council Agenda
January 16, 2018
Page 3 of 8
7:00 P.M. – REGULAR MEETING
CALL TO ORDER:
Mayor Brooks
ROLL CALL:
Councilman Alegria
Councilman Cruikshank
Councilman Dyda
Mayor Pro Tem Duhovic
Mayor Brooks
PLEDGE OF ALLEGIANCE:
Boy Scout Troop 658
CLOSED SESSION REPORT:
MAYOR’S ANNOUNCEMENTS:
1. Presentation to Boy Scout Troop 658
2. Citizen of the Month presentation honoring Herb Stark
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
APPROVAL OF AGENDA:
PUBLIC COMMENTS FOR NON-AGENDA ITEMS:
During Public Comments any person may address the Council, provided that the item is within the subject matter jurisdiction of the
Council and is not otherwise on the agenda. Each speaker will be limited to three (3) minutes to address the City Council. Those
wishing to speak are asked to complete a REQUEST TO ADDRESS THE CITY COUNCIL form located on the table across from the
entrance and submit it to the City Clerk. You will be called at the appropriate time to make your remarks.
CITY MANAGER REPORT:
CONSENT CALENDAR
:
Items listed under the Consent Calendar consists of routine items and will be approved in one motion. Any member of the Council
may pull an item for discussion or clarification. Items pulled from the Consent Calendar by a Councilmember will be heard after the
Regular Business section of the agenda, unless otherwise directed by the City Council. If a member of the public has requested to
speak on a Consent Calendar item, it will be pulled and heard immediately after the Consent Calendar. Those wishing to speak on
any Consent Calendar item(s) will be limited to three (3) minutes to address the City Council. Those wishing to speak are asked to
complete a REQUEST TO ADDRESS THE CITY COUNCIL form located on the table across from the entrance and submit it to the
City Clerk. You will be called at the appropriate time to make your remarks.
A. Motion to Waive Full Reading
Recommendation:
Adopt 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.
City Council Agenda
January 16, 2018
Page 4 of 8
B. Approval of Minutes (Colborn)
Recommendation:
Approve the Minutes of the December 5, 2017 and December
19, 2017 Regular City Council meetings.
C. Register of Demands (Cullen)
Recommendation:
(1) Adopt Resolution No. 2018-__, 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 Run Date 12/15/17) ; and,
(2) Adopt Resolution No. 2018-__, 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 Run Date 12/21/17).
D. Consideration and possible action regarding the annual Business License Tax.
(Kaufman)
Recommendation:
Do not increase the City’s Business License Tax Rate for 2018.
E. Consideration and possible action to accept a donation from the Ginsburg family.
(Yap)
Recommendation:
Accept the donation and direct Staff to prepare a letter of receipt
to the Ginsburg family.
F. Consideration and possible action to execute a Household Hazardous and
Electronic Waste Collection Program Site Liability Agreement. (Ramezani)
Recommendation:
Authorize the Mayor to execute a Household Hazardous and
Electronic Waste Collection Program Site Liability Agreement with the County of Los
Angeles and County Sanitation District No. 2.
G. Consideration and possible action to approve a modified License Agreement to allow
sewer improvements within the City’s slope easement associated with the
construction of a new single-family residence on private property located at 29425
Palos Verdes Drive East. (Silva)
Recommendation:
Authorize the Mayor to sign a modified License Agreement to
allow sewer improvements within the City’s slope easement associated with the
construction of a new single-family home on private property located at 29425 Palos
Verdes Drive East.
H. Consideration and possible action to support Senate Bill No. 786 regarding
residential substance abuse treatment facilities. (Fox)
Recommendation:
Authorize the Mayor to sign a letter to Senator Allen in support
of Senate Bill No. 786 (SB 786) regarding residential substance abuse treatment
facilities.
I. Consideration and possible action to amend the Professional Services Agreement
dated August 15, 2017, with Interwest Consulting Group to provide on-call Building &
Safety consulting services. (DeFazio)
City Council Agenda
January 16, 2018
Page 5 of 8
Recommendation:
Approve an amendment to the two-year Professional Services
Agreement with Interwest Consulting Group to provide on-call Building & Safety
services until June 30, 2019, with an option for the City Manager to approve an
extension of the Agreement for one additional year.
CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT:
This section is for item(s) that have been pulled from the Consent Calendar, and a member of the public has requested to speak to
that item. Each speaker will be limited to three (3) minutes to address the City Council.
PUBLIC HEARINGS:
This section is for hearings that have been noticed, published, and/or mailed to property owners as required by law. The Mayor will
provide an opportunity to members of the public to testify in support of or opposition to the matter being heard. Each speaker will be
limited to three (3) minutes to address the City Council. Those wishing to speak are asked to complete a REQUEST TO ADDRESS
THE CITY COUNCIL form located on the table across from the entrance and submit it to the City Clerk. You will be called at the
appropriate time to make your remarks.
For appeal hearings, the appellant or their representative speaks first and will generally be allowed ten (10) minutes. If the applicant
is different from the appellant, the applicant or their representative will speak following the appellant and will also be allowed ten (10)
minutes to make a presentation. Normally, the applicants and appellants will be limited to a three (3) minute rebuttal (if requested).
1. Consideration and possible action regarding an appeal of the Planning
Commission’s approval of a Grading Permit application for Green Hills Memorial
Park (ZON2017-00324). (Kim) (45 mins.)
Recommendation:
Adopt Resolution No. 2018-__, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES, DENYING THE APPEAL
AND UPHOLDING THE PLANNING COMMISSION’S DECISION, THEREBY
APPROVING A GRADING PERMIT TO ALLOW 41,200YD³ OF BALANCED
GRADING TO ACCOMMODATE THE INSTALLATION OF VAULTS ASSOCIATED
WITH EARTH INTERMENTS, 3’ TALL WALLS, AND WATER FEATURES IN THE
UNIMPROVED PORTIONS OF AREA 5 (ARROYO VISTA) OF THE MASTER
PLAN FOR GREEN HILLS MEMORIAL PARK AT 27501 WESTERN AVENUE.
REGULAR BUSINESS:
This section contains items of general business. Prior to the vote of an item, each speaker will be limited to three (3) minutes to
address the City Council. Those wishing to speak are asked to complete a REQUEST TO ADDRESS THE CITY COUNCIL form
located on the table across from the entrance and submit it to the City Clerk. You will be called at the appropriate time to make your
remarks.
2. Consideration and possible action to review and approve the Draft Feasibility Study
to remediate the Portuguese Bend Landslide. (Mihranian) (1 hour)
Recommendation:
(1) Review the Draft Feasibility Study and provide input on the
Consultant’s recommended landslide remediation measures; and, (2) Direct Staff to
finalize the Draft Feasibility Study for adoption at the February 6, 2018, meeting.
3. Consideration and possible action relating to creating a Rules of Procedure
document that incorporates existing Rules of Procedure and Council Protocols.
(Aleshire) (30 mins.)
Recommendation:
(1) Discuss merging the existing Council Protocols and Rules of
Procedure to one document; and, (2) Discuss whether or not to further merge
existing City Council policies at future date.
City Council Agenda
January 16, 2018
Page 6 of 8
CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER:
This section is for item(s) that have been removed from the Consent Calendar by a member of Council for discussion or clarification.
FUTURE AGENDA ITEMS:
This section is designated for individual Council Members to request that an item be placed on a future City Council meeting
agenda. 5 minutes has been allotted for this section.
CITY COUNCIL ORAL REPORTS:
This section is designated for oral reports from Council Members, as elected officials of the City, to report action taken at
intergovernmental organizations, committee, or association meetings. Council Members are required to provide a brief oral report
on their attendance at any meetings where City funds have been expended. Detailed reports should be made in writing and will be
posted on the City’s website. 10 minutes has been allotted for this section.
ADJOURNMENT:
Adjourn to 6:00 P.M. on January 30, 2018, for a Regular meeting and a Closed Session.
City Council Agenda
January 16, 2018
Page 7 of 8
City Council Agendas and staff reports are available for public review within 72 hours of the meeting at City
Agendas and Staff
Hall, 30940 Hawthorne Boulevard during regular business hours, 7:30 A.M. to 5:30 P.M.
Reports:
Monday – Thursday and 7:30 A.M. to 4:30 P.M. on Friday; Hesse Community Park, 29301
Hawthorne Boulevard during regular business hours Monday – Friday from 9:00 A.M. until
dusk, Saturday and Sunday from 10:00 A.M. until dusk; and at the City’s website
www.rpvca.gov
Materials related to an item on an agenda submitted after distribution of the agenda packet
are available for public inspection at the front counter of the lobby of the City Hall
Administration Building at 30940 Hawthorne Boulevard, Rancho Palos Verdes during normal
business hours.
Public We highly encourage written materials regarding City Council Agenda items be submitted no
Correspondence:
later than 4:00 P.M. the Monday prior to a City Council meeting to allow the Council Members
ample time to review and consider the issues raised prior to making decisions at the Council
meeting. Please keep in mind that it is difficult for Council Members to carefully review
materials submitted after that deadline or at the meeting. Written materials, including emails,
submitted to the City are public records and may be posted on the City’s website. Accordingly,
you may wish to omit personal information from your written materials or oral presentation as it
may become part of the public record regarding an agendized item. In addition, City
meetings may be televised and may be accessed through the City's website.
Public Participants must speak from the podium using the lectern microphone; comments are to be
Participation:
directed to the City Council and not to the staff or the public; repetition should be avoided; and
reading a submission that has been copied or contained in the agenda will be discouraged.
Public Comments: The City Council may limit the public input on any item based on the number of people
requesting to speak, the length of the agenda, or the business of the Council.
Conduct at the The Mayor shall order removed from the Council Chambers any person(s) who commit the
Council Meeting:
following acts at a meeting of the City Council: Disorderly, contemptuous or insolent behavior
toward the Council or any member thereof, tending to interrupt the due and orderly course of
said meeting; a breach of the peace, boisterous conduct or violent disturbance, tending to
interrupt the due and orderly course of said meeting; disobedience of any lawful order of the
Mayor, which shall include an order to be seated or to refrain from addressing the Council
from the audience; any other unlawful interference with the due and orderly course of the
meeting.
Time Estimates: The time noted next to an agenda item is only an estimate of the amount of time that will be
spent during the meeting on that particular item. Accordingly, these estimates should not be
relied on in determining when a matter will be heard, especially since agenda items are often
re-ordered during a meeting and may be discussed at any time.
Continuation of The City Council will adjourn its meetings on or before 11:00 p.m. and will not consider new
Meeting:
business items after 10:15 p.m., unless the majority of the Council members who are present
affirmatively vote either to extend the meeting after 11:00 p.m. or to consider new business
after 10:15 p.m. If the meeting ends before all of the items listed on the agenda are
completed, any unfinished business will be continued to the next succeeding day that is not a
holiday, at a location to be determined.
American with In compliance with the Americans with Disabilities Act, if you require a disability-related
Disabilities Act:
modification or accommodation to attend or participate in this meeting, including auxiliary aids
or services, please call the City Clerk’s Office at 310 544-5217 at least 48 hours prior to the
meeting.
City Council Agenda
January 16, 2018
Page 8 of 8
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CITY OF
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STATE OF CALIFORNIA )
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AFFIDAVIT OF AGENDA POSTING
I, Emily Colborn, declare as follows:
That I am the City Clerk of the City of Rancho Palos Verdes; that I hereby
affirm that a copy of the agenda for the Regular Meeting of the City Council for
January 16, 2018, was conspicuously posted on the City Hall Bulletin Board,
located at 30940 Hawthorne Boulevard, Rancho Palos Verdes California, at the
time and date indicated below.
Time: 5,41' Ploi•
Dated: January 9, 2018 1111
Allah"
Clerk
W:101 City Clerk12018 CITY COUNCIL AGENDAS\Affidavits of Posting120180116 Affidavit of Posting CC Agenda.doc
30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 90275-5391 /(310)377-0360/Fax(310)544-5291
www.palosverdes.com/rpv