CC DM 20181002 B - 20180821 CC MINS DRAFTDRAFT
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
AUGUST 21, 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 6:06 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; and, Emily Colborn, City Clerk.
PUBLIC COMMENTS:
None.
CLOSED SESSION ITEMS ANNOUNCED:
City Attorney Wynder announced the items to be discussed in Closed Session.
1. PENDING LITIGATION -- INITIATION OF LITIGATION BY CITY
GC SECTION 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 in one case.
2. PENDING LITIGATION – EXISTING LITIGATION
GC SECTION 54956.9(d)(1)
Case Name: City of Rancho Palos Verdes v. Eric Mark, Superior Court Case No.
BC702161
3. PENDING LITIGATION – INITIATION OF LITIGATION BY CITY; POTENTIAL
LITIGATION AGAINST THE CITY
GC SECTION 54956.9(d)(4) and (d)(2) & (e)(1)
Based on existing facts and circumstances, the legislative body of the local agency
has decided to initiate or is deciding whether to initiate litigation in one case; in the
same case, a point has been reached where, in the opinion of the City Council on
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the advice of its legal counsel, based on existing facts and circumstances which the
City believes are not yet known to the plaintiff or plaintiffs, there is significant
exposure to litigation against the City.
4. CONFERENCE WITH LABOR NEGOTIATORS
GC SECTION 54957.6
Agency designated representatives: Colin Tanner, Esq.; Doug Willmore, City
Manager; Gabriella Yap, Deputy City Manager, Deborah Cullen, Dir. of Finance
Employee Organization: Rancho Palos Verdes Employees Association
RECESS TO CLOSED SESSION (FIRESIDE ROOM):
At 6:07 P.M., the Council recessed to Closed Session.
RECONVENE TO STUDY SESSION (MCTAGGART HALL):
At 6:55 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:
None.
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 Alegria moved, seconded by Councilman Dyda, to approve the tentative
agendas as amended.
The motion passed following a voice vote.
ADJOURN TO REGULAR MEETING:
At 7:20 P.M. the Study Session was adjourned to the Regular meeting.
REGULAR MEETING – OPEN SESSION
CALL TO ORDER:
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A Regular meeting of the Rancho Palos Verdes City Council was called to order by
Mayor Brooks at 7:20 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;
Daniel Trautner, Deputy 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 So Kim.
CLOSED SESSION REPORT:
City Attorney Wynder reported that with regards to Closed Session Item Nos. 1 and 3,
matters were discussed with no reportable action taken; Closed Session Item No. 2, a
proposed settlement was presented and reviewed with the Council. Direction was given
to implement an additional element before the Council would consider the settlement
proposal on its merits; and Closed Session Item No. 4, the Council unanimously
authorized a narrow re-opening of negotiations.
MAYOR’S ANNOUNCEMENTS:
Mayor Brooks commended Staff for a job well done on the Budget in Brief informational
booklet which is now available to the public and spoke in opposition to AB2923 San
Francisco Bay Area Rapid Transit District: transit-oriented development.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
Mayor Brooks announced Recyclers of the Month from the August 7, 2018, City Council
meeting: Alberto Duenas and Young Sharpe. 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 valued at $60.00.
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APPROVAL OF THE AGENDA:
Councilman Dyda moved, seconded by Mayor Pro Tem Duhovic, to approve the
agenda with Item No. 4 removed and heard 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
PUBLIC COMMENTS:
Carrie Cahill-Asher, Sierra Club member, urged Council to not ban permitted night hikes
at Del Cerro Park.
Lori Brown, raised several questions and concerns with the continued construction of
mausoleums at Green Hills Park.
Debbie Landes, highlighted sections of the late correspondence she submitted and
suggested that the Green Hills Master Plan be reviewed every few years during the
development phase.
Minas Yerelian, spoke with regards to litigation with the City involving property owner
Jim York.
April Sandell, expressed concern and spoke in opposition of a discussion at a previous
City Council meeting regarding consolidating the Successor Agency meeting with the
City Council meeting ultimately holding one joint meeting rather than two separate
legislative body meetings.
CITY MANAGER REPORT:
City Manager Willmore announced the following: draft of the General Plan Update
posted on the City’s website, contact So Kim for further information; reported that the
Civic Center Open House had a great turnout and received positive feedback from
attendees; relayed information about the City’s Vacation Security Camera Loaner
Program. RPV residents may take advantage of the City’s vacation security camera
loaner program and check out a Ring Spotlight Camera and select accessories for use
at home while on vacation; also relayed information about the Homeless Outreach
Portal, a County online system that connects homeless people with assistance.
CONSENT CALENDAR:
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City Clerk Colborn reported that late correspondence was distributed prior to the
meeting regarding Items D and G and there were requests to speak on Items E and G.
Mayor Brooks moved, seconded by Councilman Dyda, to approve the Consent
Calendar with Items E and G removed and to be heard immediately after the Consent
Calendar and Item D 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. Register of Demands
Adopted Resolution No. 2018-56, 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.
C. Consideration and possible action to accept Gifts for Parks donations.
Accepted Gifts for Parks donations and direct Staff to prepare donor letters of
appreciation for the Mayor’s signature.
D. Consideration and possible action to authorize the Mayor to sign a letter
opposing off-shore drilling.
This item was removed from the Consent Calendar for separate consideration.
E. Consideration and possible action to sign the purchase agreement for tax-
defaulted property in the 1800-block of Summerland Street (APN 7557-039-095)
This item was removed from the Consent Calendar for separate consideration.
F. Consideration and possible action to award a construction contract for the
Residential Street Rehabilitation Project Phase II, Area 8 Pavement
Rehabilitation (Area 8) to Roy Allan Slurry Seal, Inc. for $835,296, authorize a
project contingency of $83,530, authorize an additional appropriation of
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$72,730.10, and authorize a contract change order with Sunbeam Consulting,
Inc.
(1) Approved the plans and specifications for Area 8; and, (2) Awarded a
construction contract to Roy Allan Slurry Seal, Inc. in the amount of $835,296; and,
(3) Authorized the City Manager or Director of Finance to execute amendments for
project contingency up to an additional 10% ($83,530) of the project budget for a
total construction authorization of $918,826; and, (4) Authorized the Mayor and City
Clerk to execute the construction contract; subject to approval as to form by the City
Attorney; and, (5) Authorized an additional appropriation of $72,730.10 for the
Residential Roadways Rehabilitation Program – Area 8; and, (6) Authorized the City
Manager or Director of Finance to execute a Contract Change Order to the Contract
between the City and Sunbeam Consulting titled “Professional Engineering Design
Services for the Residential Streets Rehabilitation Project, Area 8.”
G. Consideration and possible action to approve an additional appropriation for
the 2018-19 AYSO soccer season flagging operations at the intersection of
Forrestal Drive/Trump National Drive and Palos Verdes Drive South.
This item was removed from the Consent Calendar for separate consideration.
CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT:
E. Consideration and possible action to sign the purchase agreement for tax-
defaulted property in the 1800-block of Summerland Street (APN 7557-039-095)
This item was removed from the Consent Calendar for separate consideration.
City Clerk Colborn reported that there was one request to speak.
April Sandell, commented on the purchase of the defaulted property and expressed
concern with an ALPR camera being installed on one of the light posts.
Mayor Pro Tem Duhovic moved, seconded by Councilman Cruikshank, to authorize
the Mayor and City Clerk to sign Chapter 8 Agreement 2795 to purchase tax-
defaulted property in the private street right-of-way of the 1800-block of Summerland
Street (APN 7557-039-095) from the Los Angeles County Treasurer and Tax
Collector.
The motion passed on the following roll call vote:
AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: None
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G. Consideration and possible action to approve an additional appropriation for
the 2018-19 AYSO soccer season flagging operations at the intersection of
Forrestal Drive/Trump National Drive and Palos Verdes Drive South.
This item was removed from the Consent Calendar for separate consideration.
City Clerk Colborn reported that there was one request to speak.
Mickey Rodich, suggested that the cost of the flagger be shared with AYSO and
thanked the Council for their efforts on the matter.
Discussion ensued among Council Members and Staff.
Mayor Pro Tem Duhovic moved, seconded by Mayor Brooks, to (1) Authorize the
Mayor to execute Amendment #2, in the amount not to exceed $23,300 to the
professional services agreement with Sunbeam Solar Technologies, DBA Sunbeam
Consulting, to include flagging operations for the 2018-19 AYSO soccer season, for
a FY18-19 contract amount of $194,810, and total contract amount not to exceed
$300,315; and, (2) Approve an additional budget appropriation in the amount of
$23,300 for the 2018-19 AYSO soccer season flagging operations; and, (3)
Authorize the City Manager or Director of Finance to approve a contingency for a not
to exceed amount of $2,128 (approximately 10%) for additional games and/or
activities.
The motion passed on the following roll call vote:
AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: None
PUBLIC HEARINGS:
1. Consideration and possible action to accept offers to dedicate certain open
space lots to the City, to approve certain grant deeds, to accept certain
easement rights, and to amend the Public Amenities Plan to remove the
identification of an unofficial trail associated with the approval of the Final
Vesting Tract Map No. 50666 for the Trump National Golf Club property,
located at 1 Trump National Drive.
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 three
requests to speak.
Mayor Pro Tem Duhovic and Councilmember Alegria recused themselves due to a
possible conflict of interest.
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Mayor Brooks declared the public hearing open.
So Kim, Deputy Director of Community Development, presented a staff report and
PowerPoint presentation.
The following people spoke:
Jill Martin, Applicant, Legal Counsel for Trump National Golf Club, spoke in support of
the project.
Mickey Rodich, spoke in support of the project.
Kelvin Vanderlip, spoke in regards to Lot D which is currently a vacant unimproved strip
of bare dirt that provides a fire buffer for adjoining Tract 16540. Mr. Vanderlip stated that
since the lot is considered “habitat conservation” the conditions allow the Director to
review and approve the Landscape Plan for it and strongly suggested that feedback
from the Fire Department be considered when making decisions for the Lot D.
With no other requests to speak, Mayor Brooks declared the public hearing closed.
Discussion ensued among Council Members and Staff.
Councilman Cruikshank moved, seconded by Councilman Dyda, to adopt the following
Resolutions:
(1) Resolution No. 2018-57, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, CALIFORNIA, ACCEPTING EXISTING OFFERS OF
DEDICATION FOR PUBLIC PURPOSES OF PROPERTY AND EASEMENT RIGHTS
LOCATED ON THE TRUMP NATIONAL GOLF CLUB PROJECT SITE; and,
(2) Resolution No. 2018-58, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, CALIFORNIA, APPROVING (1) THE ACQUISITION
OF FEE TITLE TO PROPERTY SURROUNDING AN EXISTING FLAG POLE
LOCATED AT THE TRUMP NATIONAL GOLF CLUB PROJECT SITE PURSUANT TO
A GRANT DEED MADE BY THE OWNER OF THE PROPERTY, AND (2) THE
ACQUISITION OF EASEMENT RIGHTS FOR THE BENEFIT OF THE CITY OVER
THE TRUMP NATIONAL GOLF CLUB IN ORDER TO ACCESS THE EXISTING
FLAGPOLE LOCATED THEREON PURSUANT TO AN EASEMENT AGREEMENT;
and,
(3) Resolution No. 2018-59, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, CALIFORNIA, APPROVING (1) THE TRANSFER OF
CERTAIN PROPERTY (KNOWN AS LOT "H" AND THE "ADDITIONAL NON-GOLF
SETBACKS") PREVIOUSLY DEEDED TO THE CITY BY THE DEVELOPER OF THE
TRUMP NATIONAL GOLF COURSE PROJECT, PURSUANT TO A QUITCLAIM DEED
AND THE SUBSEQUENT REACCEPTANCE OF SUCH PROPERTY WITH CERTAIN
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MINOR BOUNDARY ADJUSTMENTS PURSUANT TO A GRANT DEED IN FAVOR OF
THE CITY, AND (2) THE TRANSFER OF CERTAIN EASEMENT RIGHTS OVER THE
ADDITIONAL NON-GOLF SETBACKS LOCATED ON VESTING TENTATIVE TRACT
MAP NO. 50666; and,
(4) Resolution No. 2018-60, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, CALIFORNIA, CONDITIONALLY APPROVING AN
AMENDMENT TO THE 1997 PUBLIC AMENITIES PLAN, ELIMINATING AN
INFORMAL PATH (CASE NO. PLCU2018-0006).
The motion passed on the following roll call vote:
AYES: Cruikshank, Dyda, and Mayor Brooks
NOES: None
ABSENT: None
RECUSED: Alegria and Duhovic
Mayor Brooks called for a brief recess at 8:27 P.M. The meeting reconvened at 8:38
P.M.
2. Consideration and possible action to revoke Conditional Use Permit No. 230
for the installation of commercial antennas at 26708 Indian Peak Road (Case
No. PLMH2018-0001).
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.
Ara Mihranian, Director of Community Development, presented a staff report and
PowerPoint presentation.
The following people spoke:
Jennie Barkinskaya, Counsel for property owner, informed the Council that her firm had
very recently been hired by Mr. James Kay and requested for the item to be postponed
to allow time to review the matter to propose an agreed resolution.
Margaret Avineri, Larry Helfman, Jennifer Jordan, and Jonathan Bayani spoke in
support of revoking the Conditional Use Permit for the installation of the commercial
antennas stating that they were esthetically unpleasing.
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. 2018-61, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES REVOKING IN ITS ENTIRETY AND EFFECTIVE IMMEDIATELY
CONDITIONAL USE PERMIT NO. 230 FOR THE INSTALLATION OF COMMERCIAL
ANTENNAS AND RELATED SUPPORT STRUCTURES AT 26708 INDIAN PEAK
ROAD.
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 approve setting at zero the annual levy
and assessments of the existing Citywide Landscaping and Lighting
Maintenance District for FY18-19.
City Clerk Colborn reported that notice of the public hearing was duly published and
there were no requests to speak.
Mayor Brooks declared the public hearing open.
Mayor Pro Tem Duhovic moved to waive the staff report on this item. Without objection,
Mayor Brooks so ordered.
With no requests to speak, Mayor Brooks declared the public hearing closed.
Discussion ensued among Council Members and Staff.
Mayor Pro Tem Duhovic moved, seconded by Councilman Cruikshank, to adopt
Resolution No. 2018-62, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES DECLARING ITS INTENTION TO SET THE LEVY AT
ZERO WITHIN THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE
DISTRICT FOR FISCAL YEAR 2018-2019 PURSUANT TO THE LANDSCAPING AND
LIGHTING ACT OF 1972, PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS
AND HIGHWAYS CODE.
The motion passed on the following roll call vote:
AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: None
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REGULAR BUSINESS:
4. Consideration and possible action regarding access and parking options for
Park Place at Del Cerro Park.
Elias Sassoon, Director of Public Works, announced that it was discovered after the
posting of the agenda that this item requires a public hearing and therefore would be
deferred to a future meeting to allow for the proper posting requirements.
This item was removed from the agenda and will be heard at a future meeting.
5. Consideration and possible action to provide an update of the approved City
of Rancho Palos Verdes’ Overhead Utilities Conversion Plan.
City Clerk Colborn reported there were no requests to speak.
Elias Sassoon, Director of Public Works, presented a staff report and PowerPoint
presentation.
Discussion ensued among Council Members and Staff.
Mayor Brooks moved, seconded by Councilman Dyda, to approve the “Replacement of
Overhead with Underground Electric Facilities” utilizing Rule 20A allocations for: a)
Palos Verdes Drive South from La Rotonda Drive to the easterly City limit; and, b)
Crenshaw Boulevard from Crest Road to the third (3rd) pole south of Valley View Road.
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 advise the City’s Voting Delegate on the
City Council’s position regarding the League of California Cities’ 2018 Annual
Conference Resolutions.
Mayor Brooks presented a brief staff report.
Discussion ensued among Council Members and Staff.
Mayor Pro Tem Duhovic moved, seconded by Councilman Alegria, to (1) Authorize the
City Council’s Voting Delegate to support the adoption of League of California Cities
General Assembly Resolution No. 1 (Local Municipal Authority, Control, and Revenue);
and, (2) Authorize the City Council’s Voting Delegate to take no position regarding the
adoption of League of California Cities General Assembly Resolution No. 2 (Repeal
Preemption of Regulating Pesticides).
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The motion passed on the following roll call vote:
AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: None
CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER:
D. Consideration and possible action to authorize the Mayor to sign a letter
opposing off-shore drilling.
This item was removed by Councilman Cruikshank from the Consent Calendar for
separate consideration.
Discussion ensued among Council Members and Staff.
Councilman Alegria moved, seconded by Mayor Brooks, to authorize the Mayor to sign
a letter to the Bureau of Ocean Energy Management supporting the State Lands
Commission’s opposition to off-shore drilling.
The motion passed on the following roll call vote:
AYES: Alegria, Duhovic, and Mayor Brooks
NOES: Cruikshank and Dyda
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 10:13 P.M., Mayor Brooks adjourned to 6:00 P.M. on September 4, 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