CC MINS 20190115 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
JANUARY 15, 2019
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 Duhovic 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: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic
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 items to be discussed in Closed Session.
1. PENDING LITIGATION — EXISTING LITIGATION
GC SECTION 54956.9 (d)(1)
a. Name of case: Mark J. Doddy v. City of Palos Verdes [sic]; L.A. Superior Court,
Case No. YC072950
b. Name of case: Cherie Townsend; Jalen Lapree Hamler v. City of Rancho Palos
Verdes; United States District Court Central District of California, Case No. 2:18-
cv-10011
c. Name of case: City of Rancho Palos Verdes v. Indian Peak Properties, LLC, et
al., Superior Court Case No. 18STCV03781 (and a related complaint by Indian
Peak Properties)
d. Name of cases: Loveys v. City of Rancho Palos Verdes, et al., Los Angeles
Superior Court Case No. BS172886; Loveys v. City of Rancho Palos Verdes, et
al., Los Angeles Superior Court Case No. BS174859
2. 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 (1) case.
RECESS TO CLOSED SESSION (FIRESIDE ROOM):
At 6:08 P.M., the Council recessed to Closed Session.
RECONVENE TO STUDY SESSION (MCTAGGART HALL):
At 7:08 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:
City Clerk Colborn reported 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.
Councilwoman Brooks moved, seconded by Councilman Alegria, to approve the
tentative agendas as amended.
The motion passed on the following roll call vote:
AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic
NOES: None
ABSENT: None
ADJOURN TO REGULAR MEETING:
At 7:17 P.M. the Study Session was adjourned to the Regular meeting.
REGULAR MEETING — OPEN SESSION
CALL TO ORDER:
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January 15, 2019
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A Regular meeting of the Rancho Palos Verdes City Council was called to order by
Mayor Duhovic at 7:17 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, Brooks, Cruikshank, Dyda, and Mayor Duhovic
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; Amy Seeraty, Associate Planner; Octavio Silva,
Associate Planner; 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 Lt. Michael White, Lomita Station, Los Angeles County Sheriff's
Department.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Councilmember Alegria.
CLOSED SESSION REPORT:
City Attorney Wynder reported that with regards to Closed Session Item Nos. 1(a), 1(b),
1(c), 1(d), and 2, matters were discussed with no reportable action taken. With regards
to Closed Session Item No. 1(d) matter was discussed with no reportable action taken.
City Attorney Wynder added that Green Hills has filed a second demur to Case No.
BS174859 which was continued to a future date.
MAYOR'S ANNOUNCEMENTS:
1. Recognition of Captain Beringer, Lomita Station, Los Angeles County Sheriffs
Department.
Mayor Duhovic and the City Council acknowledged Captain Beringer for his many years
of service to the City of Rancho Palos Verdes and presented him with a City Tile.
Mayor Duhovic called for a recess at 7:32 P.M. to celebrate Captain Beringer. The
meeting reconvened at 7:47 P.M.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
Mayor Duhovic announced the Recycle Winners from the December 18, 2018, City
Council meeting: Mark Pepys and Kathy Bernstein. He indicated that all winners
receive a check for $250 and urged everyone to participate in the City's Recycling
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Program. He 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:
Councilwoman Brooks moved, seconded by Mayor Pro Tern Cruikshank, to approve the
agenda as presented.
The motion passed on the following roll call vote:
AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic
NOES: None
ABSENT: None
PUBLIC COMMENTS:
City Clerk Colborn reported that there were requests to speak. The following members
of the public addressed the City Council: Dwain Tucker, Peggy Costello, Joanna Jones-
Reed, Debbie Landes, Nadia G., Lori Brown, Sharon Loveys, Angie Gilbride, Adrienne
Mohan, and Art Gonzalez.
CITY MANAGER REPORT:
City Manager Willmore announced the following: Preserve and trails currently closed
due to rain. The preserve will remain closed for 48-hours after the last rain fall; and,
residents can pick up unfilled sandbags and sand, 10 sandbags per household, at City
Hall.
CONSENT CALENDAR:
City Clerk Colborn reported that late correspondence was distributed prior to the
meeting regarding Items F and G and there were requests to speak on Items F and G.
Councilwoman Brooks moved, seconded by Mayor Duhovic, to approve the Consent
Calendar with Items F and G removed and to be heard immediately after the Consent
Calendar and Item E removed and to be heard after Regular Business.
The motion passed on the following roll call vote:
AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic
NOES: None
ABSENT: None
A. Motion to Waive Full Reading
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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 December 15, 2018, Special meeting.
C. Register of Demands
Adopted Resolution No. 2019-01, 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 the annual Business License
Tax.
Did not increase the City's Business License Tax Rate for 2019.
E. Consideration and possible action to approve the proposed FY19-20
Community Development Block Grant (CDBG) project and budget.
This item was removed from the Consent Calendar for separate consideration.
F. Consideration and possible action to receive and file a report on the Preserve
Permit Reservation System.
This item was removed from the Consent Calendar for separate consideration.
G. Consideration and possible action to award a Professional Service Agreement
to Alta Planning and Design to prepare the updated Trails Network Plan
document.
This item was removed from the Consent Calendar for separate consideration.
CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT:
F. Consideration and possible action to receive and file a report on the Preserve
Permit Reservation System.
Mayor Duhovic moved to waive the staff report on this item. Without objection, Mayor
Duhovic so ordered.
City Clerk Colborn reported that there was a request to speak. The following member of
the public addressed the City Council: Mickey Rodich.
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Discussion ensued among Council Members and Staff.
Councilwoman Brooks moved, seconded by Councilman Alegria, to receive and file an
update on a Preserve Permit Reservation System.
The motion passed on the following roll call vote:
AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic
NOES: None
ABSENT: None
G. Consideration and possible action to award a Professional Service Agreement
to Alta Planning and Design to prepare the updated Trails Network Plan
document.
Mayor Duhovic moved to waive the staff report on this item. Without objection, Mayor
Duhovic so ordered.
City Clerk Colborn reported that there was a request to speak. The following member of
the public addressed the City Council: Mickey Rodich.
Discussion ensued among Council Members and Staff.
Councilwoman Brooks moved, seconded by Mayor Pro Tem Cruikshank, to (1) Award a
Professional Services Agreement in an amount not to exceed $44,422 to Alta Planning
and Design to prepare the updated Trails Network Plan document; (2) Approve an
additional appropriation in the amount of$29,422 from the General Fund to the Planning
Professional and Technical Services program to cover unfunded costs to complete the
updated Trails Network Plan; and, (3) Authorize the City Manager or Director of Finance
to approve a contingency for an amount not to exceed 10% of the project budget
($4,442.20) in the event that additional work is identified during the Trails Network Plan
preparation process that is determined to be required by the Director of Community
Development.
The motion passed on the following roll call vote:
AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic
NOES: None
ABSENT: None
PUBLIC HEARINGS:
1. Consideration and possible action to adopt an urgency ordinance amending
Chapters 17.02 (Single-Family Residential (RS) Districts) and 17.10 (Second
Unit Development Standards) of the Rancho Palos Verdes Municipal Code to
require Neighborhood Compatibility review for residential second units over
12' in height and to clarify the trigger that requires the Neighborhood
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Compatibility finding for structures over 16' in height (Case No. PLCA2018-
0008).
City Clerk Colborn reported that notice of the public hearing was duly published and late
correspondence was received and distributed prior to the meeting and that there were
requests to speak.
Mayor Duhovic declared the public hearing open.
Amy Seeraty, Associate Planner, presented a brief staff report and PowerPoint
presentation.
The following members of the public addressed the City Council and spoke in favor of
the item: Robert Daly, Dave Chura, Joe Watson, Marie Chura, James Trapp, Sharon
Yarber, and Maria Popoli.
With no other requests to speak, Mayor Duhovic declared the public hearing closed.
Discussion ensued among Council Members and Staff.
Mayor Duhovic moved, seconded by Councilman Alegria, to adopt Ordinance No.615U,
AN URGENCY ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING CHAPTERS 17.02 (SINGLE-FAMILY RESIDENTIAL (RS) DISTRICTS)
AND 17.10 (SECOND UNIT DEVELOPMENT STANDARDS) OF TITLE 17 (ZONING)
OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO REQUIRE
NEIGHBORHOOD COMPATIBILITY REVIEW FOR RESIDENTIAL SECOND UNITS
OVER 12' IN HEIGHT AND TO CLARIFY THE TRIGGER THAT REQUIRES THE
NEIGHBORHOOD COMPATIBILITY FINDING FOR STRUCTURES OVER 16' IN
HEIGHT
The motion passed on the following roll call vote:
AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic
NOES: None
ABSENT: None
REGULAR BUSINESS:
2. Consideration and possible action to revise the existing Palos Verdes Nature
Preserve Night Hike Policy.
City Clerk Colborn reported that late correspondence was received and distributed prior
to the meeting and that there were requests to speak.
Katie Lozano, Administrative Analyst, presented a brief staff report and PowerPoint
presentation.
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The following members of the public addressed the City Council: Kathy Edgerton,
Megan Moore, Al Edgerton, Akram Baluch, Marilee Tadler, Mickey Rodich, Bert
Kawahara, Sharon Yarber, Al Sattler, and Eva Cicoria.
Discussion ensued among Council Members and Staff.
Councilwoman Brooks moved, seconded by Mayor Duhovic, to direct Staff to
incorporate comments made by the Council to the Night Hike Policy for the Palos
Verdes Nature Preserve and bring back at a future meeting as a Consent Calendar item
for approval.
The motion passed on the following roll call vote:
AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic
NOES: None
ABSENT: None
Mayor Duhovic called for a brief recess at 9:19 P.M. The meeting reconvened at 9:29
P.M.
3. Consideration and possible action to implement certain measures to minimize
unauthorized uses and activities in the general area of the Rattlesnake Trail.
City Clerk Colborn reported that late correspondence was received and distributed prior
to the meeting and that there were requests to speak.
Katie Lozano, Administrative Analyst, presented a brief staff report and PowerPoint
presentation.
The following members of the public addressed the City Council: Don Douthwright,
Frank Dunst, Al Edgerton, and Eva Cicoria.
Discussion ensued among Council Members and Staff.
Councilwoman Brooks moved, seconded by Councilman Dyda, to approve the
implementation of certain measures identified to minimize unauthorized uses and
activities in the general area of the Rattlesnake Trail.
The motion passed on the following roll call vote:
AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic
NOES: None
ABSENT: None
4. Consideration and possible action regarding access and parking along Park
Place at Del Cerro Park.
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City Clerk Colborn reported that late correspondence was received and distributed prior
to the meeting and that there were requests to speak.
Elias Sassoon, Director of Public Works, presented a staff report.
The following members of the public addressed the City Council: Thomas Olson, Irene
Riedl, Eva Cicoria, Carolyn Bumatay, Kathy Edgerton, Al Sattler, and Anne Inowe.
Discussion ensued among Council Members and Staff.
Councilwoman Brooks moved, seconded by Councilman Dyda, to adopt Resolution No.
2019-02, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, REVISING THE CITY OF RANCHO PALOS VERDES RESIDENT
RECREATION PARKING PERMIT PROGRAM AND RESCINDING AND REPLACING
RESOLUTION NO. 2015-72, as amended: (1) that the 16 existing non-ADA parking
spaces at Park Place designated for resident permit parking also be designated as
visitor permit parking; and (2) permit parking shall be limited to 3 hours maximum.
The motion passed on the following roll call vote:
AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic
NOES: None
ABSENT: None
5. Consideration and possible action to adopt an urgency ordinance and
introduce an ordinance to repeal and replace Chapter 8.04 (Health Code) of
Title 8 (Health and Safety) of the Rancho Palos Verdes Municipal Code to
implement Chapter 11.38 of the Los Angeles County Health and Safety Code,
as well as to execute a Memorandum of Understanding with the Los Angeles
County Department of Public Health as it relates to Onsite Wastewater
Treatment Systems (Case No. PLCA2019-0001).
Mayor Duhovic moved to waive the staff report on this item. Without objection, Mayor
Duhovic so ordered.
Discussion ensued among Council Members and Staff.
Councilman Dyda moved, seconded by Councilwoman Brooks, to (1) adopt Ordinance
No. 616U, AN URGENCY ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
TO REPEAL AND REPLACE MUNICIPAL CODE SECTION 8.04.010 (ADOPTION OF
LOS ANGELES COUNTY HEALTH AND SAFETY CODE) TO IMPLEMENT CHAPTER
11.38 OF THE LOS ANGELES COUNTY HEALTH AND SAFETY CODE RELATED TO
ONSITE WASTEWATER TREATMENT SYSTEMS (CASE NO. PLCA2019-0001); (2)
Introduce Ordinance No. 617, AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES TO REPEAL AND REPLACE MUNICIPAL CODE SECTION 8.04.010
(ADOPTION OF LOS ANGELES COUNTY HEALTH AND SAFETY CODE) TO
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IMPLEMENT CHAPTER 11.38 OF THE LOS ANGELES COUNTY HEALTH AND
SAFETY CODE RELATED TO ONSITE WASTEWATER TREATMENT SYSTEMS
(CASE NO. PLCA2019-0001); and (3) Authorize the City Manager to execute a Local
Agency Management Plan Memorandum of Understanding with the Los Angeles
County Department of Public Health related to their review of onsite wastewater
treatment systems on behalf of the City.
The motion passed on the following roll call vote:
AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic
NOES: None
ABSENT: None
CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER:
H. Consideration and possible action to approve the proposed FY19-20
Community Development Block Grant (CDBG) project and budget.
This item was removed by Mayor Pro Tem Cruikshank from the Consent Calendar
for separate consideration.
Discussion ensued among Council Members and Staff.
Councilwoman Brooks moved, seconded by Mayor Duhovic, to (1) Approve the
proposed FY19-20 Community Development project and budget; (2) Authorize the
Director of Public Works to execute an agreement for the FY19-20 CDBG project with
the Los Angeles County Community Development Commission (LACDC), subject to
approval as to form by the City Attorney; and (3) Authorize the Director of Public Works
to adjust the project budget, as necessary, to take into account the final CDBG
allocations and any amounts unexpended at the close of FY18-19.
The motion passed on the following roll call vote:
AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic
NOES: None
ABSENT: None
Mayor Duhovic moved to extend the meeting to 10:35 P.M. Without objection, Mayor
Duhovic so ordered.
FUTURE AGENDA ITEMS:
Councilwoman Brooks requested to discuss PV Transit extended services options at a
future meeting.
CITY COUNCIL ORAL REPORTS:
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January 15, 2019
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Each Council Member present reported on his/her attendance at various organization
and association meetings.
ADJOURNMENT:
At 10:29 P.M., Mayor Duhovic adjourned to 6:00 P.M. on January 29, 2019, for an
Adjourned Regular meeting to conduct advisory board interviews.
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