CC MINS 20171219 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
SPECIAL/REGULAR MEETING
DECEMBER 19, 2017
CALL TO ORDER:
A special meeting of the Rancho Palos Verdes City Council for the purpose of a Closed
Session was called to order by Mayor Brooks at 5:35 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, and Mayor Brooks
ABSENT: *Duhovic (excused)
Also present were Doug Willmore, City Manager; Dave Aleshire, City Attorney; Gabriella
Yap, Deputy City Manager; and Emily Colborn, City Clerk.
*Mayor Pro Tem Duhovic arrived at 5:40 P.M.
PUBLIC COMMENTS:
City Clerk Colborn reported that there were no requests to speak.
CLOSED SESSION ITEMS ANNOUNCED:
City Attorney Aleshire announced the items to be discussed in Closed Session.
1. 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.
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)(1)
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 5:37 P.M., the Council recessed to Closed Session.
RECONVENE TO STUDY SESSION (MCTAGGART HALL):
At 6:58 P.M., the Council reconvened the meeting for a Study Session.
STUDY SESSION
PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA FOR THE STUDY
SESSION:
City Clerk Colborn reported that there were no requests to speak.
DISCUSSION TOPICS:
1. Review of Tentative Agendas and 2014 City Council Goals and Priorities
Discussion ensued among Council Members and Staff regarding items on the upcoming
City Council meeting agendas as listed on the tentative agendas.
Mayor Pro Tern Duhovic moved, seconded by Councilman Cruikshank, to approve the
tentative agendas as amended.
The motion passed on the following roll call vote:
AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: None
ADJOURN TO REGULAR MEETING:
At 7:31 P.M. the Study Session was adjourn to the Regular meeting.
City Council Minutes
December 19, 2017
Page 2 of 11
REGULAR MEETING — OPEN SESSION
CALL TO ORDER:
A Regular meeting of the Rancho Palos Verdes City Council was called to order by
Mayor Brooks at 7:31 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; Gabriella Yap, Deputy City Manager;
David Aleshire, City Attorney; Deborah Cullen, Director of Finance;
Ara Mihranian, Director of Community Development; Octavio Silva, Senior Planner;
Elias Sassoon, 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 Sheriffs
Department.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Mayor Brooks.
CLOSED SESSION REPORT:
City Attorney Aleshire reported that with regards to items #1, 2, 3, and 4, matters were
discussed with no reportable action taken.
MAYOR'S ANNOUNCEMENTS:
Mayor Brooks announced the following: requested that the City Council try to adjourn its
meetings on or before 11:00 P.M., preferably by 10:15 P.M.; would like to include a
Citizen of the Month recognition ceremony to the meetings; future plans for Coffee with
the Mayor at Golden Cove; and extended condolences to the family of longtime
resident, Jack Downhill.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
Mayor Brooks announced Recyclers of the Month from the December 5, 2017, City
Council meeting: Carolynn Petru and Kirk Snyder. She indicated that all winners
receive a check for $250 and urged everyone to participate in the City's Recycling
Program. She 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.
City Council Minutes
December 19, 2017
Page 3 of 11
APPROVAL OF THE AGENDA:
Councilman Dyda moved, seconded by Councilman Alegria, to approve the agenda as
amended hearing item #2 before item #1.
The motion passed on the following roll call vote:
AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: None
PUBLIC COMMENTS:
Martin Gombert, PV Transit, relayed information regarding free dial-a-ride service on
New Year's Eve.
CITY MANAGER REPORT:
City Manager Willmore announced the following: City Hall holiday closure; wished the
community a happy holiday season; and wished Elias Sassoon, Director of Public
Works a happy birthday.
CONSENT CALENDAR:
City Clerk Colborn reported that late correspondence was distributed prior to the
meeting regarding Items E, G, and H and there were requests to speak on Item H.
Mayor Pro Tem Duhovic moved, seconded by Mayor Brooks, to approve the Consent
Calendar with Item H removed and to be heard immediately after the Consent Calendar
and Item G removed and to be heard after Regular Business.
The motion passed on the following roll call vote:
AYES: Alegria, Cruikshank, 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 30, 2017, Special meeting.
City Council Minutes
December 19, 2017
Page 4 of 11
C. Register of Demands
Adopted Resolution No. 2017-67, 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 to cancel the January 2, 2018, City Council
meeting.
Canceled the January 2, 2018, City Council meeting.
E. Consideration and possible action to approve the proposed FY17-18 Civic
Center Advisory Committee (CCAC) Work Plan.
Approved the proposed FY17-18 CCAC Work Plan.
F. Consideration and possible action regarding the October 2017 Cash
Balances/Monthly Treasurer's Report.
Received and filed the October 2017 Cash Balances/Monthly Treasurer's Report.
G. Consideration and possible action to award a construction contract and
construction management agreement for the Hawthorne Boulevard Arterial
Walls and Fences Beautification Project.
This item was removed from the Consent Calendar for separate consideration.
H. Consideration and possible action to modify the scope of services and
contract sum of the Contract Services Agreement with Daniel B. Stevens.
This item was removed from the Consent Calendar for separate consideration.
CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT:
H. Consideration and possible action to modify the scope of services and
contract sum of the Contract Services Agreement with Daniel B. Stevens.
City Clerk Colborn reported that there were four requests to speak.
Deborah Cullen, Director of Finance presented a staff report.
Cassie Jones, Palos Verdes Peninsula Land Conservancy expressed concern with the
manner the staff report was written stating it implied the draft Natural
Communities Conservation Plan (NCCP) would be edited from its current state. Ms.
Jones also urged for the completion of the study in order to move forward with landslide
stabilization efforts.
City Council Minutes
December 19, 2017
Page 5 of 11
Ann Shaw, expressed concern with the item being on the Consent Calendar stating it
was a significant subject matter with great public interest and requested that the item be
postponed until after the new year.
Noel Park, urged the City Council, Staff, and outside agencies to collaborate and
cooperate in working together to produce a well-constructed and accurate document.
Al Sattler, expressed concern with the item being on the Consent Calendar considering
the nature of the item and opposed any changes to the draft NCCP.
Discussion ensued among Council Members and Staff.
Mayor Pro Tem Duhovic moved, seconded by Councilman Alegria, to (1) Authorize Staff
to execute the attached Change Order#1 allowing for the modified scope of services to
include; Draft Feasibility Study edits, additional presentations/meetings and site visits
and a review to ensure the recommendations in the Feasibility Study are aligned with
the draft NCCP document to the existing contract with Daniel B. Stevens at an amount
not to exceed $35,100; and,
(2) Authorize an additional appropriation to the project in the amount of $35,100.
The motion passed on the following roll call vote:
AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: None
PUBLIC HEARINGS:
None.
Per the re-order of the agenda, Mayor Brooks moved to item #2
REGULAR BUSINESS:
2. Consideration and possible action regarding the FY16-17 Year-end Financial
Report, Purchase Order Carry-Forward Schedule, and Continuing
Appropriations.
Deborah Cullen, Director of Finance presented a staff report and PowerPoint
presentation.
Discussion ensued among Council Members and Staff.
Councilman Alegria moved, seconded by Mayor Pro Tem Duhovic, to (1) Receive and
file the FY16-17 Year-end Financial Report;
City Council Minutes
December 19, 2017
Page 6 of 11
(2) Receive and file the Purchase Order Carry-Forward Schedule from FY16-17 to
FY17-18;
(3) Approve decreasing FY16-17 Adopted Budget in the amount of$320,657 (Capital
Improvement Projects Fund), $300,000 (Donor Restricted Fund), and $415,000
(General Fund); and,
(4) Approve Continuing Appropriations from FY16-17 to FY17-18, amending the FY17-
18 Adopted Budget in the amount of$320,657 (Capital Improvement Projects Fund),
$300,000 (Donor Restricted Fund), and $415,000 (General Fund).
The motion passed on the following roll call vote:
AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: None
Per the re-order of the agenda, Mayor Brooks moved to item #1
1. Consideration and possible action regarding the FY17-18 first quarter budget
report.
Deborah Cullen, Director of Finance presented a staff report and PowerPoint
presentation.
Discussion ensued among Council Members and Staff.
Councilman Dyda moved, seconded by Mayor Pro Tem Duhovic, to receive and file the
FY 2017-18 first quarter budget report.
The motion passed on the following roll call vote:
AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: None
Mayor Brooks called for a brief recess at 8:32 P.M. The meeting reconvened at 8:42
P.M.
Per the re-order of the agenda, Mayor Brooks moved to item #3
3. Consideration and possible action to reduce the City's financial subsidy in the
maintenance and operation of the Abalone Cove Sewer System.
Elias Sassoon, Public Works Director presented a staff report and PowerPoint
presentation.
City Council Minutes
December 19, 2017
Page 7 of 11
Discussion ensued among Council Members and Staff.
Mayor Brooks moved, seconded by Mayor Pro Tem Duhovic, to (1) Receive and file
report;
(2) Increase the current rates by applying the Consumer Price Index (CPI) immediately;
(3) Explore the legal possibilities of altering the district to reduce the City subsidy;
(4) Explore the possibility of legally transferring the cost of operation & maintenance of
the grinding pumps and laterals back to the individual property owners; and,
(5) Prepare a Final Rate Analysis Report for review and approval by the City Council.
The motion passed on the following roll call vote:
AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: None
4. Consideration and possible action to receive and file report on the history and
finances of the Abalone Cove Landslide Abatement District (ACLAD) and the
fiscal support the City provides to the District.
City Clerk Colborn reported that there was one request to speak.
Deborah Cullen, Director of Finance presented a staff report and PowerPoint
presentation.
Al Sattler, inquired regarding the financial benefit the various property owners in the
Abalone Cove community may have been due to the reduction of movement of the
Abalone Cove landslide and the cost savings the City would have due to reduced
maintenance of Palos Verdes South due to the reduction of sliding.
Discussion ensued among Council Members and Staff.
Councilman Dyda moved, seconded by Mayor Pro Tern Duhovic, to receive and file
report.
The motion passed on the following roll call vote:
AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: None
City Council Minutes
December 19, 2017
Page 8 of 11
5. Consideration and possible action to support the Updated Regional Stormwater
Quality project at Torrance Airport to meet MS4 Permit requirements.
Mayor Pro Tern Duhovic moved to waive the staff report on this item. Without objection,
Mayor Brooks so ordered.
Discussion ensued among Council Members and Staff.
Mayor Pro Tern Duhovic moved, seconded by Councilman Dyda, to authorize the Mayor
to enter into a Memorandum of Understanding with the City of Torrance for the
preliminary design of the Torrance Airport Project contingent on the City Attorney's
approval of the MOU as to form.
The motion passed on the following roll call vote:
AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: None
6. Consideration and possible action to adopt the City's Emissions Reduction
Action Plan (ERAP) to improve the City's sustainability by reducing
greenhouse gas (GHG) emissions.
City Clerk Colborn reported that late correspondence was received and distributed prior
to the meeting and that there was one request to speak.
Octovio Silva, Senior Planner presented a staff report and PowerPoint presentation and
introduced Kim Fuentes, South Bay Cities Council of Governments who gave an
overview of the Emissions Reduction Action Plan.
Al Sattler, spoke in support of the item.
Discussion ensued among Council Members and Staff.
Mayor Brooks moved, seconded by Mayor Pro Tern Duhovic, to adopt Resolution No.
2017-68, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES ADOPTING THE CITY'S EMISSIONS REDUCTION ACTION PLAN
THAT SERVES AS A GUIDE TO IMPROVE THE CITY'S SUSTAINABILITY BY
IMPLEMENTING MEASURES TO REDUCE GREENHOUSE GAS EMISSIONS OVER
THE NEXT 20 YEARS.
The motion passed on the following roll call vote:
AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: None
City Council Minutes
December 19, 2017
Page 9 of 11
7. Consideration and possible action to appoint City Council Members to
Intergovernmental Organizations, Associations, and City Subcommittees for
2018.
Discussion ensued among Council Members regarding the appointments to
intergovernmental organizations, associations and City Subcommittees, with
several amendments made to the assignments.
Mayor Brooks moved, seconded by Councilman Dyda, to: (1) Appoint the
members of the City Council to the various intergovernmental organizations,
associations, and City Subcommittees for 2018 as amended; and,
(2) Direct Staff to notify the various agencies of the City Council's decision.
The motion passed on the following roll call vote:
AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: None
Mayor Pro Tem Duhovic moved to extend the meeting to 10:30 P.M. Without objection,
Mayor Brooks so ordered.
CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER:
G. Consideration and possible action to award a construction contract and
construction management agreement for the Hawthorne Boulevard Arterial
Walls and Fences Beautification Project.
This item was removed by Councilman Cruickshank from the Consent Calendar for
separate consideration.
Discussion ensued among Council Members and Staff.
Councilman Cruickshank moved, seconded by Councilman Dyda, to (1) Approve the
plans and specifications for the Hawthorne Blvd. Arterial Walls and Fences
Beautification project, which are on file in the Public Works Department;
(2) Award a construction contract to Metrocell Construction Inc. in the amount of
$241,586;
(3) Award a contract services agreement to Atkins North America in the amount of
$59,440;
(4) Authorize Staff to utilize an additional 10% ($30,103) for project contingency for a
total project authorization of$331,129; and,
(5) Appropriate an additional $231,129 for this project from the CIP Reserves.
City Council Minutes
December 19, 2017
Page 10 of 11
The motion passed on the following roll call vote:
AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: None
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 10:32 P.M., Mayor Brooks adjourned in memory of longtime resident Jack Downhill.
Ilk
M yor
Atte
daPo
1i►
y Clerk
City Council Minutes
December 19, 2017
Page 11 of 11