CC MINS 20180501 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
MAY 1, 2018
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 6:03 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: Cruikshank, Dyda, Duhovic, and Mayor Brooks
ABSENT: Alegria (excused)
Also present were Doug Willmore, City Manager; Bill Wynder, City Attorney; Gabriella
Yap, Deputy City Manager; Teresa Takaoka, Deputy City Clerk, and Emily Colborn, City
Clerk.
PUBLIC COMMENTS:
Deputy City Clerk Takaoka reported that there were no requests to speak.
CLOSED SESSION ITEMS ANNOUNCED:
City Attorney Wynder announced the items to be discussed in Closed Session.
1. POTENTIAL LITIGATION AGAINST THE CITY
GC 54956.9(d)(2) and (e)(2)
A point has been reached where, in the opinion of the City Council 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 fact and circumstances consist in
a potential claim by ABNY Engineering, Inc. based on the City's termination of a
public works contract.
2. INITIATION OF LITIGATION BY CITY
GC 54956.9(d)(4)
A closed session is being held, pursuant to G.C. 54956.9(d)(4) because the City is
considering whether to initiate litigation in one case.
RECESS TO CLOSED SESSION (FIRESIDE ROOM):
At 6:04 P.M., the Council recessed to Closed Session.
ADJOURN TO REGULAR MEETING:
At 6:58 P.M. the Closed Session was adjourn to the Regular meeting.
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 7:11 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: Cruikshank, Dyda, Duhovic, and Mayor Brooks
ABSENT: Alegria (excused)
Also present were Doug Willmore, City Manager; Gabriella Yap, Deputy City Manager;
Bill Wynder, City Attorney; Trang Nguyen, Deputy Director of Finance; Ara Mihranian,
Director of Community Development; Elias Sassoon, Director of Public Works; Cory
Linder, Director of Recreation and Parks; Matt Waters, Senior Administrative Analyst;
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 Supervisor Janice Hahn.
CLOSED SESSION REPORT:
City Attorney Wynder reported that with regards to Closed Session Item No. 1, matter
was discussed and a settlement agreement was recommended and approved by the
Council. Item No. 2 was discussed with no reportable action.
MAYOR'S ANNOUNCEMENTS:
1. Citizens' Award presentation honoring Mr. Ray Mathys.
Mayor Brooks acknowledged Mr. Mathys for his longtime service to the City and wished
him a happy birthday.
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May 1, 2018
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2. Recognition of Lomita Station Deputies.
Mayor Brooks together with Supervisor Janice Hahn recognized Deputies from the
Lomita Sheriff's Station for their heroic efforts during a house fire.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
Mayor Brooks announced Recyclers of the Month from the April 17, 2018, City Council
meeting: C. Midford and Richard Sandell. 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:
Councilman Dyda moved, seconded by Councilman Cruickshank, to approve the
agenda as presented.
The motion passed on the following roll call vote:
AYES: Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: Alegria (excused)
ABSENT: None
PUBLIC COMMENTS:
Deputy City Clerk Takaoka reported that there were three requests to speak.
Debbie Landes, expressed concern with Green Hills developing their property with
Grading Permits rather than abiding by the City's General Plan. Ms. Landes also spoke
about the effects the rooftop mausoleum have had on the Vista Verde residents'
property value and view.
Sharon Loveys, expressed concern with an entitlement letter she received regarding
Green Hills and questioned how Green Hills continues to be granted entitlements
without full payment not being received to date.
Thomas Olsen, Park Place HOA, thanked the Council for their action on removing the
parking stalls at Del Cerro Park.
CITY MANAGER REPORT:
City Manager Willmore announced the following: California Water Service (CalWater) is
hosting a community open house for the Palos Verdes Peninsula Water Reliability
Project (PVPWRP) from 5:00 PM to 7:00 PM on Wednesday, May 9th at Dapplegray
Elementary School in Rolling Hills Estates. All Peninsula residents are invited to attend
and learn more about the benefits and construction impacts of this project; work on
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May 1, 2018
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Western Avenue at Caddington Drive has commenced. Work includes storm drain
replacement and installing new catch basins. There will be a traffic control plan and
traffic will be allowed to pass, one-lane each direction. Please expect delays.
Construction is expected to be completed in mid-June; on Saturday, April 21, a steady
stream of over 870 cars attended the Spring Paper/Document Shredding Event. This
excellent turnout was due to extensive advertising and outreach promoting the event.
CONSENT CALENDAR:
Mayor Pro Tem Duhovic moved, seconded by Mayor Brooks, to approve the Consent
Calendar with Item D removed and heard after Regular Business.
The motion passed on the following roll call vote:
AYES: Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: Alegria (excused)
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 March 29, 2018, Adjourned Regular meeting (NCCP); April
12, 2018, Adjourned Regular meeting (Budget Workshop); April 17, 2018, Adjourned
Regular meeting (IMAC Interviews); and April 17, 2018, Regular meeting.
C. Register of Demands
Adopted Resolution No. 2018-26, 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 approve Amendment No. 1 to the
Professional Services Agreement with Charles Abbott Associates, Inc., for the
implementation of the Source Reduction and Recycling Element of the AB 939
Solid Waste and Recycling Program.
This item was removed from the Consent Calendar for separate consideration.
E. Consideration and possible action to adopt Ordinance No. 606 to amend
Chapter 17.60 (Conditional Use Permit) of Title 17 (Zoning) of the Rancho
Palos Verdes Municipal Code to clarify a compliance review process for
Conditional Use Permits (Case No. ZON2017-00595).
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May 1, 2018
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Adopted Ordinance No. 606, AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES AMENDING CHAPTER 17.60 (CONDITIONAL USE PERMIT) OF TITLE 17
(ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO CLARIFY
THAT THE FINAL DECIDING BODY, UNLESS EXPRESSLY STATED IN THE
ADOPTED CONDITIONS OF APPROVAL, SHALL CONDUCT COMPLIANCE
REVIEWS OF CONDITIONAL USE PERMITS.
F. Consideration and possible action regarding the March 2018 Cash
Balances/Monthly Treasurer's Report.
Received and filed the March 2018 Cash Balances/Monthly Treasurer's Report.
G. Consideration and possible action to approve additional appropriation for
school flagging operations.
(1) Authorized the Mayor to execute the attached Amendment#1 to professional
services agreement with Sunbeam Solar Technologies, DBA Sunbeam Consulting, to
include the school flagging operations for the 2018 and 2019 summer schools; and, (2)
Approved an additional budget appropriation in the amount of$15,694 for FY17-18 and
$16,478.70 for FY18-19 to cover the needed 2018 and 2019 summer school flagging
costs, including $3,000 for contingency in FY18-19.
CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT:
None.
PUBLIC HEARINGS:
None.
Mayor Brooks called for a brief recess at 7:51 P.M. The meeting reconvened at 8:00
P.M.
REGULAR BUSINESS:
1. Consideration and possible action to (1) initiate a City proceeding to
investigate possible violation(s) of the "closed session privilege" codified in
the Ralph M. Brown Act, Government Code § 54963; (2) direct Staff and the
Office of the City Attorney to conduct such investigation; (3) task the recently
created ad hoc subcommittee to oversee such investigation and to report the
results of the same to the full City Council as and when appropriate; and (4)
authorize the issuance of legislative subpoenas, if and as needed, to aid in
such investigation.
Deputy City Clerk Takaoka reported that there was one request to speak.
Bill Wynder, City Attorney presented a staff report.
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Larry Maizlish, asked if additional information was available to the public regarding the
matter.
Discussion ensued among Council Members and Staff.
Councilman Dyda moved, seconded by Mayor Pro Tem Duhovic, to adopt Resolution
No. 2018-27, A RESOLUTION OF THE COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, INITIATING A CITY PROCEEDING TO INVESTIGATE
POSSIBLE VIOLATION(S) OF THE RALPH M. BROWN ACT, GOVERNMENT CODE
§§ 54950 ET SEQ.; DIRECTING CITY STAFF AND THE OFFICE OF THE CITY
ATTORNEY TO CONDUCT SUCH INVESTIGATION; TASKING THE RECENTLY
CREATED AD HOC SUBCOMMITTEE TO OVERSEE SUCH INVESTIGATION AND
TO REPORT THE RESULTS OF THE SAME TO THE FULL CITY COUNCIL AS AND
WHEN APPROPRIATE; AND AUTHORIZING THE ISSUANCE OF LEGISLATIVE
SUBPOENAS, IF AND AS NEEDED, TO AID IN SUCH INVESTIGATION.
The motion passed on the following roll call vote:
AYES: Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: Alegria (excused)
2. Consideration and possible action to receive and file a status report on the
City's participation on the LAX Community Noise Roundtable.
Deputy City Clerk Takaoka reported that late correspondence was received and
distributed prior to the meeting and that there was one request to speak.
Robert Nemeth, Associate Planner, presented a staff report and PowerPoint
presentation.
Jeff Calvagna, resident, presented a PowerPoint presentation on the results of his
independent monitoring of aircraft flights over the Peninsula and on his independent
communication with the FAA.
Gwen Butterfield, Point Vicente area resident, expressed concern with the frequent
noise disturbances caused by airplanes, helicopters, and ultralights and urged the
Council to reach out to the FAA, LAX, and regional airports in efforts to resolve the
disturbances. Ms. Butterfield also commended Associate Planner Nemeth for his
cooperative work with the Roundtable and area residents.
Discussion ensued among Council Members and Staff.
Councilman Dyda moved, seconded by Councilman Cruikshank, to draft and send a
letter to the appropriate people, at the highest level including Representatives with
respects to the matters of noncompliance with the air traffic routes established by the
FAA.
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May 1, 2018
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The motion passed on the following roll call vote:
AYES: Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: Alegria (excused)
Mayor Brooks called for a brief recess at 8:59 P.M. The meeting reconvened at 9:11
P.M.
3. Consideration and possible action to review and provide Staff direction on
proposed revisions to Special Event Permit Process Ordinance.
Deputy City Clerk Takaoka reported that late correspondence was received and
distributed prior to the meeting and that there was one request to speak.
Matt Waters, Senior Administrative Analyst, presented a staff report and PowerPoint
presentation.
Mickey Rodich, questioned the fee waivers being proposed and recommended a fee
structure be established to allow enforcement/citation authority for noncompliant groups.
Discussion ensued among Council Members and Staff.
Mayor Pro Tem Duhovic moved, seconded by Councilman Cruikshank, to direct Staff to
return with a revised Special Event Permit Process Ordinance at a future City Council
meeting.
The motion passed on the following roll call vote:
AYES: Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: Alegria (excused)
4. Consideration and possible action to introduce ordinances, banning the
possession of open containers of alcohol in City parks, beaches, open space
areas, and public places, and eliminating the current language allowing
smoking in designated areas.
Matt Waters, Senior Administrative Analyst, presented a staff report and PowerPoint
presentation.
Discussion ensued among Council Members and Staff.
Mayor Pro Tem Duhovic moved, seconded by Councilman Dyda, to directed Staff to
return with an Ordinance addressing alcohol in public areas and a revised smoking
Ordinance at a future City Council Meeting.
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May 1, 2018
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The motion passed on the following roll call vote:
AYES: Dyda, Duhovic, and Mayor Brooks
NOES: Cruikshank
ABSENT: Alegria (excused)
5. Consideration and possible action to request the purchase of tax-defaulted
property in the 1800-block of Summerland Street (APN 7557-039-095).
Mayor Pro Tem 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 Tem Duhovic moved, seconded by Councilman Dyda, to authorize the Mayor
to sign a Request to Purchase Tax-Defaulted Property from the Los Angeles County
Treasurer and Tax Collector for the private street right-of-way of the 1800-block of
Summerland Street (APN 7557-039-095).
The motion passed on the following roll call vote:
AYES: Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: Alegria (excused)
CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER:
D. Consideration and possible action to approve Amendment No. 1 to the
Professional Services Agreement with Charles Abbott Associates, Inc., for the
implementation of the Source Reduction and Recycling Element of the AB 939
Solid Waste and Recycling Program.
This item was removed by Councilman Cruikshank from the Consent Calendar for
separate consideration.
Discussion ensued among Council Members and Staff.
Mayor Brooks moved, seconded by Mayor Pro Tem Duhovic, to (1) Approve
Amendment No. 1 to the Professional Services Agreement with Charles Abbott
Associates, Inc. for Source Reduction and Recycling Element (SRRE) implementation
and other solid waste services for FY18-19; and (2) Authorize the expenditure of up to
$20,000, with a $5,000 contingency for a not-to-exceed total of$25,000 for FY18-19.
The motion passed on the following roll call vote:
AYES: Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: Alegria (excused)
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May 1, 2018
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Mayor Brooks moved to extend the meeting to 10:30 P.M. Without objection, Mayor
Brooks so ordered.
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 10:20 P.M., Mayor Brooks adjourned to 5:30 P.M. on May 15, 2018, to conduct
interviews for the Traffic Safety Committee.
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May 1, 2018
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