CC MINS 20180220 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
FEBRUARY 20, 2018
CALL TO ORDER:
A Regular meeting of the Rancho Palos Verdes City Council for the purpose of a Closed
Session by Mayor Brooks at 6:07 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:
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. CONFERENCE WITH LEGAL COUNSEL — POTENTIAL LITIGATION
GC 54956.9 (d)(2) and (h)
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;
the City is considered to have significant exposure to litigation if an officer or
employee of the local agency is a party or has significant exposure to litigation
concerning prior or alleged activities during the course and scope of that office or
employment, including litigation in which it is an issue whether an activity is outside
the course and scope of the office or employment. The existing facts or
circumstances consist of a letter from former Mayor Brian Campbell to Mayor
Brooks, Mayor Pro Tem Duhovic, and the City Attorney, dated January 30, 2018,
requesting that the City provide him with a defense in a deposition in the Loveys v.
Green Hills case, Sup. Ct. Case No. BC629637; and a letter from Jeff Lewis, Esq., to
the City Attorney, received by the City on February 12, 2018, where Mr. Lewis
asserts that he has been retained by Mr. Campbell in the matter and will be sending
the City his bills. Both letters are available for public review at the City Clerk's office.
2. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION
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.
RECESS TO CLOSED SESSION (FIRESIDE ROOM):
At 6:09 P.M., the Council recessed to Closed Session.
RECONVENE TO STUDY SESSION (MCTAGGART HALL):
At 7:11 P.M., the Council reconvened the meeting for a Study Session.
STUDY SESSION
City Council roll call was answered as follows:
PRESENT: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
ABSENT: None
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 Ongoing 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.
Councilman Dyda moved, seconded by Mayor Brooks, 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 7:13 P.M. the Study Session was adjourn to the Regular meeting.
REGULAR MEETING — OPEN SESSION
CALL TO ORDER:
City Council Minutes
February 20, 2018
Page 2 of 11
A Regular meeting of the Rancho Palos Verdes City Council was called to order by
Mayor Brooks at 7:13 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, Associate Planner; Elias Sassoon,
Public Works Director; 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 Councilman Cruikshank.
CLOSED SESSION REPORT:
City Attorney Aleshire reported that with regards to Closed Session No. 1, matter was
discussed and the following motion was taken:
Councilman Alegria moved, seconded by Councilman Dyda, to not provide former
Mayor Brian Campbell with legal defense in a deposition in the Loveys v. Green Hills
case, Sup. Ct. Case No. BC629637.
The motion passed on the following roll call vote:
AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: None
With regards to Closed Session No. 2, matter was discussed with no reportable action
taken.
MAYOR'S ANNOUNCEMENTS:
1. Whale of a Day Poster Contest Winner.
Mayor Brooks recognized and thanked the faculty and participants of the two
participating Palos Verdes Intermediate Schools who participated in the 2018 Whale of
a Day Poster Contest. The City Council also thanked contest coordinator Rochelle Port.
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February 20, 2018
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Mona Dill, Recreation Program Supervisor announced the Whale of a Day Contest
winners for 2018.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
Mayor Brooks announced Recyclers of the Month from the February 6, 2018, City
Council meeting: James Chan and Peter Galovich. 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.
APPROVAL OF THE AGENDA:
Mayor Pro Tem Duhovic moved, seconded by Councilman Dyda, to approve the
agenda as presented.
The motion passed on the following roll call vote:
AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: None
PUBLIC COMMENTS:
City Clerk Colborn reported that there were two requests to speak.
Andrea Vona, Palos Verdes Peninsula Land Conservancy, gave a brief update on the
new preserve signage and enhancements done to the property and announced Earth
Day on Saturday, April 21, 2018.
Carolynn Petru, announced and invited the public to various community meetings being
held in regards to a potential Charter initiative. Meetings are scheduled for February 24,
2018, (1:00 PM — 3:00 PM), March 19, 2018, (7:00 PM — 9:00 PM), and April 16, 2018,
(7:00 PM — 9:00 PM)
CITY MANAGER REPORT:
City Manager Willmore announced the following: an arrest has been made with the help
of the Ring security system in connection to burglaries in the City; advised residents to
be cautious of a scammer operation claiming to be Captain Beringer from the Los
Angeles County Sheriffs Department, Lomita Station; Ladera Linda community meeting
to review the master plan on February 21, 2018, at 6:00 PM; relayed information
regarding the Palos Verdes Reef Restoration Project and announced that a satellite
location will be set up at the Palos Verdes Interpretive Center in the Sunset Room on
Tuesday, February 27, 2018, at 1:00 PM for residents to attend and comment or
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February 20, 2018
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observe the proceedings via video teleconference; and announced delays on Palos
Verdes Drive South in the active landslide area February 20 — February 22 due to
repairs in the area.
CONSENT CALENDAR:
City Clerk Colborn reported that late correspondence was distributed prior to the
meeting regarding Items B, G, and H.
Councilman Dyda moved, seconded by Councilman Alegria, to approve the Consent
Calendar with Items E, H, and I 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 January 30, 2018, Special meeting.
C. Register of Demands
None to approve at this time. Next check run will be on 2/23/18.
D. Consideration and possible action to award an On-Call Professional Services
Contract to Willdan Engineering for Federal, State, and Labor Compliance.
(1) Awarded a Professional Services Agreement to Willdan Engineering for on-call
Professional Services for Federal, State and Labor Compliance in the amount of
$70,000; and, (2) Authorized the Mayor and City Clerk to execute the Professional
Services Agreement, subject to approval as to form by the City Attorney.
E. Consideration and possible action to receive and file the FY 2018-19 Budget
Development Calendar.
This item was removed from the Consent Calendar for separate consideration.
F. Consideration and possible action to accept Gifts for Parks donations.
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February 20, 2018
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Accepted Gifts for Parks donations and direct Staff to prepare donor letters of
appreciation for the Mayor's signature.
G. Consideration and possible action regarding the proposed Palos Verdes Reef
Restoration Project.
Authorize the Mayor to sign a letter to the State Lands Commission expressing the City
Council's continued opposition to the granting of an off-shore lease for the proposed
Palos Verdes Reef Restoration Project.
H. Consider authorization of a change order to construction contract with Colich
& Sons for change of conditions and authorize the Mayor and City Clerk to
execute a Cooperative Agreement with Caltrans to receive $200,000 in State
Highway Operation and Protection Program funds to build a segment of storm
sewer pipe across Western Avenue under the construction contract with
Colich & Sons
This item was removed from the Consent Calendar for separate consideration.
I. Consideration and possible action to amend the Professional Services
Agreement with Charles Abbott and Associates, Inc., dated July 1, 2017, to
provide Building & Safety plan check services.
This item was removed from the Consent Calendar for separate consideration.
J. Consideration and possible action to authorize the City Clerk to file a Notice of
Completion for the Eastview Park Improvements and Dog Park 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 of 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 Horizons Construction Co.
Intl, Inc. 35 days immediately following recordation of the Notice of Completion by the
Los Angeles County Recorder, contingent upon no claims being filed on the project.
K. Consideration and possible action to adopt Ordinance No. 605 to amend
Chapter 17.96 (Definitions) of Title 17 (Zoning) of the City's Municipal Code to
expand the definition of a Short-Term Rental to include commercial uses
(Case No. ZON2017-00486).
Adopted Ordinance No. 605, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES AMENDING CHAPTER 17.96 (DEFINITIONS) OF
TITLE 17 (ZONING) OF THE CITY OF RANCHO PALOS VERDES MUNICIPAL CODE
BY EXPANDING THE DEFINITION OF A SHORT-TERM RENTAL TO INCLUDE
COMMERCIAL USES AND FINDING AN EXEMPTION FROM CEQA (CASE NO.
ZON2017-00486).
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February 20, 2018
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CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT:
None.
PUBLIC HEARINGS:
1. Consideration and possible action regarding an appeal of the Planning
Commission's approval of Vesting Parcel Map No. 72658, Height Variation
Permit, Grading Permit, and Site Plan Review (Case Nos. SUB2014-00003,
ZON2014-00273 and ZON2016-00120) for the property located at 27581 Palos
Verdes Drive East.
City Clerk Colborn reported that notice of the public hearing was duly published, late
correspondence was received and distributed prior to the meeting, and there were
seven requests to speak.
Octavio Silva, Associate Planner presented a brief staff report and Powerpoint
presentation.
Mayor Brooks declared the public hearing open; the following people spoke:
Vince Vassallo, Robert Bennet, Scott Ramsey, Glenn Komae, Art Viewig, and Req
Lowell, Appellants, who are neighbors located to the north of the property in the City of
Rolling Hills Estates spoke in opposition of the project and presented their appeal to the
City Council.
Nital and Nilay Patel, Applicants, spoke in support of the project and stated that all City
conditions have been met.
Tim Racisz, Doug Maupin, and Robert Schachter spoke in support of the project.
Brad Brunskill, H. Britton Lees, and Madeline Ryan spoke in opposition of the project.
With no other requests to speak, Mayor Brooks declared the public hearing closed.
Discussion ensued among Council Members and Staff.
Mayor Pro Tem Duhovic moved, seconded by Mayor Brooks, to adopt Resolution No.
2018-08, A RESOLUTION OF THE CITY OF RANCHO PALOS VERDES DENYING AN
APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DECISION,
APPROVING VESTING TENTATIVE PARCEL MAP NO. 72658, HEIGHT VARIATION
PERMIT, GRADING PERMIT, AND SITE PLAN REVIEW TO ALLOW THE
DEMOLITION OF AN EXISTING RESIDENCE AND THE SUBDIVISION OF AN
EXISTING LOT INTO TWO SEPARATE LOTS TO ACCOMMODATE THE
CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE ON EACH LOT WITH
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February 20, 2018
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ASSOCIATED GRADING LOCATED AT 27581 PALOS VERDES DRIVE EAST (CASE
NOS. SUB2014-0003, ZON2014-00273 & ZON2016-00120) as amended:
Item D was added to Condition No. 39 - Grading Permit, Lot No. 2.
The number of windows and dimensions on the north façade shall comply with the plans
approved by the City Council on February 20, 2018. The dining room window on the
north façade shall not exceed 2'x5' and shall be either 5' above the interior finished floor
elevation or translucent.
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 9:01 P.M. The meeting reconvened at 9:20
P.M.
REGULAR BUSINESS:
2. Consideration and possible action to modify the scope of services and
contract sum of the Contract Services Agreement with Daniel B. Stephens &
Associates.
City Clerk Colborn reported that late correspondence was received and distributed prior
to the meeting and that there were no requests to speak.
Elias Sassoon, Director of Public Works, presented a brief staff report.
Discussion ensued among Council Members and Staff.
Mayor Pro Tem Duhovic moved, seconded by Councilman Dyda, to (1) Authorize Staff
to execute the attached Change Order No. 2 allowing for the modified scope of services
to include responses to public comments, an additional community workshop, and
attendance at a City Council meeting, to the existing contract with Daniel B. Stephens &
Associates, in an amount not to exceed $34,587; and, (2) Authorize an additional
appropriation to the project in the amount of$34,587.
The motion passed on the following roll call vote:
AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: None
3. Consideration and possible action to re-introduce a Haul Route Ordinance.
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February 20, 2018
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City Clerk Colborn reported that late correspondence was received and distributed prior
to the meeting and that there no requests to speak.
Elias Sassoon, Director of Public Works, presented a brief staff report.
Discussion ensued among Council Members and Staff.
Mayor Pro Tem Duhovic moved, seconded by Councilman Dyda, to Re-introduce
Ordinance No. 599, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
ADDING CHAPTER 12.06 (REGULATION OF EARTH HAULING OPERATIONS) TO
TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE RANCHO PALOS
VERDES MUNICIPAL CODE TO REGULATE EARTH HAULING OPERATIONS IN
THE CITY OF RANCHO PALOS VERDES.
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 appoint four members to the Planning
Commission, and appoint one member to serve as Chair of the Planning
Commission.
City Clerk Colborn announced that ballots were distributed earlier in the evening to
appoint four members to the Planning Commission. After one round of balloting, City
Clerk Colborn read the votes and announced that William James, Stephen Perestam,
and Lan Saadatnejadi were appointed and a there was a tie between Maureen Dowd
and Gordon Leon for the fourth appointment.
Councilman Alegria nominated Maureen Dowd for the fourth appointment, motion failed
following a voice vote.
Mayor Brooks nominated Gordon Leon for the fourth appointment, motion passed
following a voice vote.
William James, Stephen Perestam, Lan Saadatnejadi and Gordon Leon were appointed
to the Planning Commission, each with a four-year term of office expiring December 7,
2021.
A second round of balloting was conducted to appoint one member of the Planning
Commission to serve as Chair for a period of one year. City Clerk Colborn read the
votes and announced that William James was appointed as Chair.
CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER:
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February 20, 2018
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E. Consideration and possible action to receive and file the FY 2018-19 Budget
Development Calendar.
This item was removed by Councilman Alegria from the Consent Calendar for
separate consideration.
Discussion ensued among Council Members and Staff.
Councilman Alegria moved, seconded by Mayor Brooks, to receive and file the FY
2018-19 Budget Development Calendar.
The motion passed on the following roll call vote:
AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: None
H. Consider authorization of a change order to construction contract with Colich
& Sons for change of conditions and authorize the Mayor and City Clerk to
execute a Cooperative Agreement with Caltrans to receive $200,000 in State
Highway Operation and Protection Program funds to build a segment of storm
sewer pipe across Western Avenue under the construction contract with
Colich & Sons
This item was removed by Mayor Pro Tem Duhovic from the Consent Calendar for
separate consideration.
Discussion ensued among Council Members and Staff.
Councilman Dyda moved, seconded by Mayor Pro Tern Duhovic, to (1) Authorize a
change order of$504,442.62 to construction contract with Colich & Sons for change of
conditions; and, (2) Authorize the Mayor and City Clerk to execute the Cooperative
Agreement and receive $200,000 in State SHOPP funds.
The motion passed on the following roll call vote:
AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: None
I. Consideration and possible action to amend the Professional Services
Agreement with Charles Abbott and Associates, Inc., dated July 1, 2017, to
provide Building & Safety plan check services.
This item was removed by Councilman Dyda from the Consent Calendar for separate
consideration.
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February 20, 2018
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Discussion ensued among Council Members and Staff.
Councilman Dyda moved, seconded by Mayor Brooks, to approve Amendment No. 1 to
the Professional Services Agreement with Charles Abbott and Associates, Inc. to
increase the contract sum by $4,770.50, to a total of$29,769.50, for on-call Building &
Safety plan check services provided to the City through August 2017.
The motion passed on the following roll call vote:
AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: None
Without objection, Mayor Brooks so ordered to extend the meeting to 10:30 P.M.
FUTURE AGENDA ITEMS:
The following items were raised by Councilmembers as future agenda items:
Councilmember Dyda requested: City Charter Initiative presentation on May 1, 2018,
and discussion on date set for future City Incorporation Anniversary celebration. After a
short discussion, Councilman Dyda stated he would bring this item back to the Council
for discussion pending receipt of memo.
CITY COUNCIL ORAL REPORTS:
Each Council Member present reported on his/her attendance at various organization
and association meetings.
ADJOURNMENT:
At 10:43 P.M., Mayor Brooks adjourned to 5:30 P.M. on March 6, 2018, for an
Adjourned Regular meeting to conduct interviews for the Finance Advisory Committee
followed by a Closed Session meeting at 6:00 P.M. and 7:00 P.M. for a Regular
meeting.
Mayor
Attest: iftstaw
erk
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February 20, 2018
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