CC DM 20180918 B - 20180807 CC MINS DRAFTDRAFT
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
AUGUST 7, 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 6:05 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;
William W. Wynder, City Attorney, Teresa Takaoka, Deputy City Clerk; and, Emily
Colborn, City Clerk.
PUBLIC COMMENTS:
None.
CLOSED SESSION ITEMS ANNOUNCED:
City Attorney Wynder announced the item to be discussed in Closed Session.
1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
GC SECTION 54956.9 (1)(d)
Name of Case: Sandoval v. Colborn et al., Superior Court Case No. BS174053
RECESS TO CLOSED SESSION (FIRESIDE ROOM):
At 6:07 P.M., the Council recessed to Closed Session.
ADJOURN TO REGULAR MEETING:
At 6:48 P.M. the Closed Session was adjourned to the Regular meeting.
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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 7:03 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: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
ABSENT: None
Also present were Doug Willmore, City Manager; Gabriella Yap, Deputy City Manager;
William W. Wynder, City Attorney; Deborah Cullen, Director of Finance; Ara Mihranian,
Director of Community Development; So Kim, Deputy Director of Community
Development; Elias Sassoon, Director of Public Works; Ron Dragoo, Principal Engineer;
Cory Linder, Director of Recreation and Parks; Teresa Takaoka, Deputy City Clerk; and,
Emily Colborn, City Clerk.
Also present was Sergeant Digerlando, Lomita Station, Los Angeles County Sheriff’s
Department.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Sergeant Digerlando
CLOSED SESSION REPORT:
City Attorney Wynder reported that with regards to Closed Session Item No. 1, a court
hearing was held earlier today and the petition for writ of mandate was denied. The
hospitality initiative measure will proceed November 5, 2019, rather than move up a
year to the statewide election being held on November 6, 2018.
MAYOR’S ANNOUNCEMENTS:
Mayor Brooks shared the following: Civic Center Master Plan Open House will be held
on Wednesday, August 8, from 6:00 PM – 8:00 PM at the Point Vicente Interpretive
Center. The public is encouraged to attend and explore the open house’s interactive,
educational stations in order to learn more about the Master Plan process and offer their
input on the Civic Center’s future; Rancho Palos Verdes Cityhood Day Celebration on
September 7 at Fred Hesse Community Park; and, City's 45th Anniversary on
September 9 from 12 PM – 4:00 PM at Hesse Park.
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RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
Mayor Brooks announced Recyclers of the Month from the July 31, 2018, City Council
meeting: Christine Kunzang and Dennis Powers. 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 there were six requests to speak.
Rev. Jon Gathje, spoke in support of the hospitality initiative scheduled for the
November 2019 election and apologized for his words spoken at the July 17, 2018,
Council meeting stating he is passionate about the matter and urged all to support
hospitality workers.
Jan Gardner, spoke in support of the hospitality initiative and hospitality workers.
Shachar Cohen-Hodos, spoke in support of the hospitality initiative.
Eva Cicoria, expressed concern with recent staff reports containing errors and urged
Staff to review work more carefully.
April Sandell, spoke in regards to current City legal matters – a subpoena demanding
public records from former Councilmember Brian Campbell and the submission for a
writ of mandate with matters pertaining to the hospitality initiative.
Joanna Jones Reed, expressed several concerns with Green Hills mediation
proceedings.
CITY MANAGER REPORT:
City Manager Willmore shared the following: relayed information regarding a Green Hills
Conditional Use Permit; replied to comments made by Ms. Eva Cicoria; expressed
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birthday wishes to the City Clerk; announced National Night Out on August 7, an event
where neighborhoods throughout Los Angeles County are invited to join forces with
thousands of communities nationwide for the annual crime and drug prevention event;
relayed information that Representative Nanette Diaz Barragán (San Pedro) introduced
the Safe LPG Storage Act today. The legislation would authorize a federal grant
program to fund up to half of the cost of relocating Liquefied Petroleum Gas (LPG)
storage facilities away from homes, schools and other sensitive locations; and,
announced city streetlight audit in conjunction with the streetlight purchasing process.
CONSENT CALENDAR:
City Clerk Colborn reported that late correspondence was distributed prior to the
meeting regarding Item M.
Mayor Pro Tem Duhovic moved, seconded by Councilman Cruikshank, to approve the
Consent Calendar with Item L and O 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
Councilman Dyda moved, seconded by Councilman Alegria, to pull Item No. E from the
agenda to be reconsidered at a future meeting.
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 June 19, 2018, Regular meeting and July 17, 2018,
Special/Regular meeting.
C. Register of Demands
Adopted Resolution No. 2018-53, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, ALLOWING CERTAIN CLAIMS AND
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DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE
PAID.
D. Consideration and possible action regarding the June 2018 Cash
Balances/Monthly Treasurer’s Report.
Received and filed the June 2018 Cash Balances/Monthly Treasurer’s Report.
E. Consideration and possible action to issue payments to both Sully-Miller
Contracting Company (Sully-Miller) and American Asphalt South, Inc.
(American South) for work completed on existing contracts.
This item was pulled from the agenda to be reconsidered at a future meeting.
F. Consideration and possible action to approve the professional service
contract for the printing of four (4) quarterly City Newsletters and Recreation
inserts in FY18-19 for a total of $34,000, with an option to extend the term for
two additional 1-year extensions at City’s discretion.
Authorized the Mayor to execute the attached professional services agreement with
Marina Graphic Center for the production of the four (4) City Newsletters and
Recreation inserts in FY18-19 for a total of $34,000, with an option to extend the
term for two additional 1-year extensions at the City’s discretion.
G. Consideration and possible action regarding two claims against the City by St.
John Fisher Catholic Church and the Roman Catholic Archbishop of Los
Angeles (RCALA).
Rejected the claims and direct Staff to notify the claimants.
H. Consideration and possible action to renew the agreement with Trump
National Golf Club for the management of ceremony rentals at Founders Park.
Renewed the contract with Trump National Golf Club for the management of rentals
at Founders Park for a further five (5) consecutive years (August 21, 2018, to August
20, 2023).
I. Consideration and possible action to receive and file the 2018 Local Agency
Biennial Notice for the City of Rancho Palos Verdes, indicating that the
Conflict of Interest Code be amended and updating the Conflict of Interest
Code for the City of Rancho Palos Verdes.
Received and filed the 2018 Local Agency Biennial Notice for the City of Rancho
Palos Verdes, indicating that the Conflict of Interest Code be amended; and, 2)
Adopted Resolution No. 2018-54, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, ADOPTING A CONFLICT OF
INTEREST CODE WHICH INCORPORATES BY REFERENCE THE STANDARD
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CONFLICT OF INTEREST CODE PREPARED BY THE FAIR POLITICAL
PRACTICES COMMISSION AND REPEALING RESOLUTION NO. 2016-43.
J. Consideration and possible action to authorize the City Clerk to file a Notice of
Completion for the ADA Access Improvements Fred Hesse 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 Recorder; and if no claims
are filed within 35 days after 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 ABNY General Engineering, Inc.
35 days after recordation of the Notice of Completion by the Los Angeles County
Recorder, contingent upon no claims being filed on the project, and the contractor
posting an acceptable warranty bond with the City.
K. Consideration and possible action to review and adopt the FY 18-19
Investment Policy for the City of Rancho Palos Verdes.
Adopted the FY18-19 Investment Policy for the City of Rancho Palos Verdes.
L. Consideration and possible action to receive an update on the status of
Federal proposals for off-shore drilling.
This item was removed from the Consent Calendar for separate consideration.
M. Consideration and possible action to approve an amendment to a
Memorandum of Understanding between the agencies participating in the
Peninsula Watershed Management Group, and award a professional services
contract for the Santa Monica Bay Beach Bacteria (SMBBB) Total Maximum
Daily Load (TMDL) Monitoring Program Services to Geosyntec Consultant, Inc.
(1) Approved the First Amendment to the Memorandum of Understanding (MOU) for
cost sharing between agencies in the Peninsula Watershed Management Group
(Peninsula WMG) to implement the CIMP (Coordinated Integrated Monitoring
Program); (2) Awarded a Professional Services contract to Geosyntec Consultants,
Inc. for the SMBBB TMDL monitoring, in the amount of $299,880; and, (3)
Authorized the Mayor and City Clerk to execute the Professional Services
Agreement, subject to approval as to form by the City Attorney.
N. Consideration and possible action to approve a Notice of Completion (NOC)
for the Storm Drain Point Repair 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 Recorder; and if no claims
are filed within 35 days after recordation, and send a notice to the surety company to
exonerate the Payment and Performance Bond; and, (3) Authorized the Director of
Public Works to release the 5% construction retention payment to G.B. Cooke, Inc.,
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35 days after recordation of the Notice of Completion by the Los Angeles County
Recorder, contingent upon no claims being filed on the project, and the contractor
posting an acceptable warranty bond with the City.
O. Consideration and possible action to receive information related to the
collection of the Business License Tax from businesses not located within the
City of Rancho Palos Verdes.
This item was removed from the Consent Calendar for separate consideration.
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 a Grading Permit application for Green Hills
Memorial Park (Case No. PLGR2018-0008).
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 five
requests to speak.
Mayor Brooks declared the public hearing open.
So Kim, Deputy Director of Community Development, presented a brief staff report and
PowerPoint presentation.
Sharon Loveys, Appellant, spoke in opposition of the project and presented her appeal
to the City Council.
Ellen Berkowitz, Legal Counsel representing Green Hills Memorial Park, presented their
case to the City Council.
April Sandell, spoke in regards to the rights that heirs have to develop inherited property
and recommended that residents in the area of Avenida Feliciano and Western Avenue
research property deeds to make sure the titles are clear.
Debbie Landes, and Lori Brown, spoke in support of overturning the decision of granting
a Grading Permit application for Green Hills.
With no other requests to speak, Mayor Brooks declared the public hearing closed.
Discussion ensued among Council Members and Staff.
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Mayor Pro Tem Duhovic moved, seconded by Councilman Alegria, to adopt Resolution
No. 2018-55, 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 MAJOR GRADING PERMIT
TO ALLOW 424YD³ OF BALANCED GRADING TO ACCOMMODATE THE
INSTALLATION OF VAULTS ASSOCIATED WITH EARTH INTERMENTS, 3’ TALL
WALLS, AND BENCHES IN THE UNIMPROVED PORTION OF ALTA VISTA
GARDENS (AREA 2) AT GREEN HILLS MEMORIAL PARK AT 27501 WESTERN
AVENUE.
The motion passed on the following roll call vote:
AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: None
REGULAR BUSINESS:
2. Consideration and possible action to receive the Update to the Feasibility
Study to remediate the Portuguese Bend Landslide, and to provide direction to
begin implementing recommendations from the Feasibility Study.
City Clerk Colborn reported that late correspondence was received and distributed prior
to the meeting and there were five requests to speak.
Ron Dragoo, Principal Engineer, presented a staff report and PowerPoint presentation.
Lowell Wedemeyer, commended Staff for their work stating it has been the most
effective proceedings he has experienced in acquiring and responding to public input.
Mr. Wedemeyer also cautioned Council to not restrict the engineers while they conduct
their work.
Barbara Sattler, gave a recap of comments submitted as late correspondence. She
strongly urged the City Council to remove lining the canyons from further consideration
and recommended the following options, stating they are less threatening to the
Preserve: convert all existing septic tanks to new sewer lines (including those in Rolling
Hills); reduce excess irrigation in the watershed area; incorporate horizontal drains for
the lower portion of the landslide as appropriate; and, seal fractures only with
compatible soil free of contaminants.
Noel Park, gave a recap of comments submitted as late correspondence. Mr. Park
commented that the process has raised consciousness about the need to get the water
out of the "head scarp" and the ponds behind PVDS as a matter of urgency.
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Alfred Sattler, Sierra Club Palos Verdes South Bay Regional Group, gave a recap of
comments submitted as late correspondence. Mr. Sattler highlighted items such as
removing the proposal to modify the canyons with liners from any further consideration
stating it is not consistent with the Rancho Palos Verdes Natural Communities
Conservation Plan (NCCP); convert septic tanks to a central sewage system and
reduce irrigation in the watershed; and investigate the use of Horizontal Drains to
convey excess water from the “Red Zone” to the ocean.
Eva Cicoria, gave a recap of comments submitted as late correspondence. Ms. Cicoria
urged the Council to reject the study’s recommendation regarding the canyon liner
system and put no further resources toward implementing the recommendation. In
addition, she stated that there are other options to reduce the groundwater recharge in
the area of land movement, including converting septic tanks to new sewer lines
(including those in Rolling Hills), reducing excess irrigation affecting the watershed area,
and installing horizontal drains under Palos Verdes Drive South to move the water out
to the ocean.
Mayor Brooks called for a brief recess at 8:32 P.M. The meeting reconvened at 8:52
P.M.
Discussion ensued among Council Members and Staff.
Councilman Dyda moved, seconded by Mayor Pro Tem Duhovic, to receive and file the
Feasibility Study Update.
The motion passed on the following roll call vote:
AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: None
Councilman Cruikshank moved, seconded by Councilman Dyda, to appoint a
subcommittee to work with the City Manager and City Attorney in negotiating with the
City of Rolling Hills to address and resolve the runoff as well as sanitary sewer effluent
for septic tanks and private treatment systems which are contributing to landslide
movement from the City of Rolling Hills.
Mayor Brooks offered a friendly amendment to include a resident from the Portuguese
Bend area to the committee. The amendment was accepted.
The motion passed by voice vote.
Mayor Pro Tem Duhovic moved, seconded by Councilman Cruikshank, to (1) authorize
Staff to develop a Request for Proposals for Council approval and appropriation of
funds for an engineering analysis, evaluation, and design for the lower portion of the
landslide that would convey the drainage runoff to the ocean directly; as well as design
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of groundwater extraction horizontal drains (hydro-augers) for this lower area of the
landslide; and, (2) authorize Staff to develop a Request for Proposals for Council
approval and appropriation of funds for performing a hydrologic study that includes
surface water and ground water and engineering analysis of the canyons to identify
where, how, and to what extent the stormwater infiltrates into the groundwater in the
Portuguese Bend Landslide Complex.
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 11:00 P.M. Without objection,
Mayor Brooks so ordered.
CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER:
L. Consideration and possible action to receive an update on the status of
Federal proposals for off-shore drilling.
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 report
and direct Staff to send a letter opposing offshore drilling off the coast of 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
O. Consideration and possible action to receive information related to the
collection of the Business License Tax from businesses not located within the
City of Rancho Palos Verdes.
This item was removed by Councilman Cruikshank from the Consent Calendar for
separate consideration.
Discussion ensued among Council Members and Staff.
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Direction was given to Staff to delay the item to a future meeting to allow further
research.
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 11:02 P.M., Mayor Brooks adjourned to 6:00 P.M. on August 21, 2018, for a Closed
Session meeting and 7:00 P.M. for a Regular meeting.
/s/Susan Brooks
Mayor
Attest:
/s/Emily Colborn
City Clerk