CC DM 20181016 B - 20180918 CC MINS DRAFTDRAFT
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
SEPTEMBER 18, 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 6:11 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: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
ABSENT: None
Also present were Doug Willmore, City Manager; Gabriella Yap, Deputy City Manager;
Elena Gerli, Assistant City Attorney; Teresa Takaoka, Deputy City Clerk; and, Emily
Colborn, City Clerk.
PUBLIC COMMENTS:
None.
CLOSED SESSION ITEMS ANNOUNCED:
Assistant City Attorney Gerli 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.
RECESS TO CLOSED SESSION (FIRESIDE ROOM):
At 6:12 P.M., the Council recessed to Closed Session.
RECONVENE TO STUDY SESSION (MCTAGGART HALL):
At 7:03 P.M., the Council reconvened the meeting for a Study Session.
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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.
Mayor Pro Tem Duhovic moved, seconded by Councilman Dyda, 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 7:06 P.M. the Study Session was adjourned 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 7:07 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; Gabriella Yap, Deputy City Manager;
Elena Gerli, Assistant City Attorney; Deborah Cullen, Director of Finance; Ara
Mihranian, Director of Community Development; So Kim, Deputy Director of Community
Development; Octavio Silva, Associate Planner; Elias Sassoon, Director of Public
Works; Ron Dragoo, Principal Engineer; Daniel Trautner, Deputy Director of Recreation
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September 18, 2018
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and Parks; Lukasz Buchwald, Information Technology Manager; 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 Ara Mihranian, Director of Community
Development.
CLOSED SESSION REPORT:
Assistant City Attorney Gerli reported that with regards to Closed Session Item No. 1,
the matter was discussed and Council provided direction to initiate an action. The
defendants and other particulars of the action shall, once formally commenced, be
disclosed upon any inquiry unless to do so would jeopardize the City or the agency’s
ability to effectuate process of service on one or more parties.
MAYOR’S ANNOUNCEMENTS:
Mayor Brooks reported on successful 45th Anniversary Celebration events at PVIC and
at Hesse Park; urged resident support for AB 3115 which allows local EMS agencies to
develop programs that are proven to increase access to healthcare and improve patient
outcomes; and, announced Beacon Spotlight Awards presented to the City at the
League of California Cities Conference.
Mayor Pro Tem Duhovic and Councilmember Cruikshank thanked Mayor Brooks for her
work on the 45th Anniversary Celebration.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
Mayor Brooks announced Recyclers of the Month from the September 4, 2018, City
Council meeting: Charles Tucker and Florence Grey. 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.
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:
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AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: None
PUBLIC COMMENTS:
City Clerk Colborn reported there were four requests to speak.
Larry Maizlish, congratulated Mayor Brooks on a successful 45th Anniversary
Celebration. Mr. Maizlish also suggested that the City Council meeting schedule be
reviewed to consider rescheduling meetings during major religious holidays and stated
that he would be leaving tonight’s meeting early to observe the start of Yom Kippur.
Sharon Loveys, spoke with regards to late correspondence she submitted on behalf of
Vista Verde owner, Nadia George. Ms. Loveys also commented on her recent visit to
Green Hills Cemetery and encounter with the general manager.
Debbie Landes, expressed concerns with developments of Emerald Gardens at Green
Hills.
Lori Brown, spoke in support of the Vista Verde residents and expressed concerns with
developments of Emerald Gardens at Green Hills, stating it will impact homes north of
Terrace Drive by affecting their property value.
CITY MANAGER REPORT:
City Manager Willmore gave an overview of meeting with peninsula officials on finalizing
a communication protocol; relayed information regarding the situational awareness
seminar being hosted by all four peninsula cities this Thursday evening at the Norris
Pavilion; relayed information for Night at the Museum Sleepover on Friday, October 12th
at 6:30 pm to Saturday, October 13th at 9:00 am; and introduced new hire Lukasz
Buchwald, Information Technology Manager.
CONSENT CALENDAR:
City Clerk Colborn reported that there were requests to speak on Items E and F.
Mayor Brooks moved, seconded by Councilmember Cruikshank, to approve the
Consent Calendar with Item E and F 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
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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 August 7, 2018, Regular City Council meeting.
C. Register of Demands
Adopted Resolution No. 2018-71, 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 regarding City Council succession
appointments.
(1) Approved designating the Chair and/or Vice-Chair of the Planning Commission,
Civic Center Advisory Committee, Emergency Preparedness Committee, Finance
Advisory Committee, Infrastructure Management Advisory Committee, and/or Traffic
Safety Committee to serve as standby officers if a Councilmember is unavailable to
perform his/her duties during a state of war emergency, state of emergency or state
of local emergency; and, (2) Adopted Resolution No. 2018-72, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPOINTING
STANDBY OFFICERS FOR THE CITY COUNCIL.
E. Consideration and possible action regarding a claim against the City by Oscar
Sobrero.
This item was removed from the Consent Calendar for separate consideration.
F. Consideration and possible action to waive further reading and adopt
Ordinance No. 609 approving an amended and restated Development
Agreement between the Developer of the Trump National Golf Club Project
and the City.
This item was removed from the Consent Calendar for separate consideration.
G. Consideration and possible action to send letters to Governor Brown
requesting vetoes for Senate Bill No. 828, Assembly Bill No. 1771 and
Assembly Bill No. 2923.
This item was removed from the Consent Calendar for separate consideration.
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H. Consideration and possible action to award a Professional Services
Agreement to Interwest Consulting Group, Inc., to assist in the implementation
and processing of the Wireless Telecommunications Facilities Ordinance.
Awarded a Professional Services Agreement to Interwest Consulting Group, Inc., for
a not-to-exceed amount of $50,000 for support services for wireless projects
submitted to the City.
I. Consideration and possible action to authorize the City Clerk to file a Notice of
Completion for the Lower Hesse Park Improvement 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 Pub Construction, 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.
J. Consideration and possible action to adopt the 2018 Amended SEMS/NIMS
Multi-Hazard Functional Emergency Operations Plan (EOP).
Adopted Resolution No. 2018-73, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, CALIFORNIA ADOPTING AN
AMENDED SEMS/NIMS MULTI-HAZARD FUNCTIONAL EMERGENCY
OPERATIONS PLAN; and, (2) Authorized the Mayor to sign the Letter of
Promulgation accompanying the amended City of Rancho Palos Verdes EOP.
CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT:
E. Consideration and possible action regarding a claim against the City by Oscar
Sobrero.
This item was removed from the Consent Calendar for separate consideration.
City Clerk Colborn reported that there were two requests to speak.
Emily Colborn, City Clerk, presented a brief staff report.
Bill Conrad, spoke in support of the Claimant, Oscar Sobrero.
Oscar Sobrero, Claimant, stated his case and urged the Council to render payment for
his damages.
Discussion ensued among Council Members and Staff.
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Mayor Pro Tem Duhovic moved, seconded by Councilman Alegria, to reject the claim as
recommended by the City’s Claims Administrator and direct Staff to seek expedited
payment to the Claimant from West Coast Arborist.
The motion passed on the following roll call vote:
AYES: Alegria, Cruikshank, Dyda, Duhovic, and Mayor Brooks
NOES: None
ABSENT: None
F. Consideration and possible action to waive further reading and adopt
Ordinance No. 609 approving an amended and restated Development
Agreement between the Developer of the Trump National Golf Club Project
and the City.
This item was removed from the Consent Calendar for separate consideration.
Mayor Pro Tem Duhovic and Councilman Alegria recused themselves due to a possible
conflict of interest.
City Clerk Colborn reported that there was one request to speak.
Kelvin Vanderlip, expressed concern with the future plans for Lot D stating the plans will
prevent anyone from using any of the lot as a park. Mr. Vanderlip also inquired about a
revised landscaping plan with changes to the plants being used.
Discussion ensued among Council Members and Staff.
Councilman Dyda moved, seconded by Councilman Cruikshank, to adopt Ordinance
No. 609, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES,
CALIFORNIA, APPROVING AN AMENDED AND RESTATED DEVELOPMENT
AGREEMENT BETWEEN THE DEVELOPER AND THE CITY TO CLARIFY AND
CONSOLIDATE, UNDER ONE AGREEMENT, ALL OF THE PREVIOUSLY-
APPROVED CHANGES AND CONDITIONS TO THE DEVELOPMENT OF THE
TRUMP NATIONAL GOLF COURSE PROJECT AND TO EXTEND THE TERM OF
THE DEVELOPMENT AGREEMENT.
The motion passed on the following roll call vote:
AYES: Cruikshank, Dyda, and Mayor Brooks
NOES: None
ABSENT: None
RECUSED: Alegria and Duhovic
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PUBLIC HEARINGS:
1. Consideration and possible action to adopt the updated General Plan and
General Plan Land Use Map.
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 was one
request to speak.
Mayor Brooks declared the public hearing open.
So Kim, Deputy Director of Community Development, presented a staff report and
PowerPoint presentation.
Sheri Hastings, expressed concern with the General Plan map showing a portion of
Vanderlip Drive and a strip of land along Narcissa Drive as part of the Nature Preserve
and requested that the area not be designated as part of the Preserve.
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 Councilman Alegria, to approve the
definitions of “Active Recreation” and “Passive Recreation” as modified.
The motion passed on the following roll call vote:
AYES: Alegria, Dyda, Duhovic, and Mayor Brooks
NOES: Cruikshank
ABSENT: None
Mayor Pro Tem Duhovic moved, seconded by Mayor Brooks, to approve staff
recommendation to change the Residential Land Use designation for Coolheights Drive
to “Natural Environment/Hazard” to fulfill the terms of the Settlement Agreement
(Attachment I), as shown in the attached General Plan Land Use Map.
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, seconded by Mayor Brooks, to approve staff
recommendation to change the land use designation for Gateway Park (Agriculture,
Natural/Environment Hazard and Residential ≤1 du/ac) to Recreation-Passive, which is
comparable with the land use designation for the City owned property across Palos
Verdes Drive South.
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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
Councilman Dyda moved, seconded by Mayor Pro Tem Duhovic, to (1)
adopt Resolution No. 2018-74, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES CERTIFYING THE MITIGATED NEGATIVE
DECLARATION AND ADOPTING A MITIGATION MONITORING PROGRAM FOR THE
UPDATED 2018 GENERAL PLAN AND GENERAL PLAN LAND USE MAP; and, (2)
adopt Resolution No. 2018-75, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES ADOPTING THE 2018 GENERAL PLAN AND
GENERAL PLAN LAND USE MAP.
In addition, noted changes and grammatical updates for the General Plan from the City
Council will be provided within two weeks to the Director of Community Development.
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 8:55 P.M. The meeting reconvened at 9:11
P.M.
REGULAR BUSINESS:
2. Consideration and possible action to award a Professional Services
Agreement to Rincon Consultants, Inc. to complete the Environmental Impact
Report associated with proposed revisions to Zone 2 of the Landslide
Moratorium Ordinance (Case No. PLCA2018-0004).
City Clerk Colborn reported that 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.
Robert Bacon, Leanne Twidwell, Michael Nopper, Peter Nopper, Suzanne Black Griffith,
and Jennifer Mendosa spoke in support of the item.
Vito Gioiello, expressed concern with the multiple designations his property is zoned.
Discussion ensued among Council Members and Staff.
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Mayor Pro Tem Duhovic moved, seconded by Councilman Dyda, to (1) Award a
Professional Services Agreement in an amount not to exceed $102,692 to Rincon
Consultants, Inc. to complete the Environmental Impact Report to revise the Landslide
Moratorium Ordinance pertaining to Zone 2, subject to approval as to form by the City
Attorney; (2) Approve an additional appropriation in the amount of $32,961 from the
General Fund to the Planning Professional and Technical Services program to cover
unfunded costs to complete the Environmental Impact Report; and (3) Authorize the
City Manager or Director of Finance to approve a contingency for an amount not to
exceed 10% or $10,269 of the project budget in the event that additional work is
identified during the Environmental Impact Report preparation process and is
determined to be required by the Director of Community Development.
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:
This item was removed by Councilman Cruikshank from the Consent Calendar for
separate consideration.
G. Consideration and possible action to send letters to Governor Brown
requesting vetoes for Senate Bill No. 828, Assembly Bill No. 1771 and
Assembly Bill No. 2923.
Discussion ensued among Council Members and Staff.
Councilman Cruikshank moved, seconded by Mayor Pro Tem Duhovic, to authorize the
Mayor to sign veto requests for Senate Bill No. 828 (SB 828) and Assembly Bill No.
1771 (AB 1771) regarding regional housing needs allocations (RHNA); and Assembly
Bill No. 2923 regarding transit-oriented land use and zoning authority with modifications
to letter regarding AB 1771.
The motion passed by voice vote.
FUTURE AGENDA ITEMS:
The following items were raised by Council Members as future agenda items:
Council Member Alegria requested future Music in the Park events.
Mayor Brooks requested limiting actions to Senate Bills only affecting the City of
Rancho Palos Verdes and safety measures at westbound entrance at PVIC.
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CITY COUNCIL ORAL REPORTS:
Each Council Member present reported on his/her attendance at various organization
and association meetings.
ADJOURNMENT:
At 9:49 P.M., Mayor Brooks adjourned to 6:00 P.M. on October 2, 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