CC DM 20190319 B - 20190305 CC MINS DRAFTDRAFT
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
MARCH 5, 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 – 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.
2. PENDING LITIGATION – POTENTIAL LITIGATION AGAINST THE CITY and
INITIATION OF LITIGATION BY CITY
GC SECTION 54956.9(d)(2), (d)(4), and (e)(1)
A point has been reached where, in the opinion of the legislative body of the local
agency on the advice of its legal counsel, based on existing facts and
circumstances, there is a significant exposure to litigation against the local agency.
Based on the same existing facts and circumstances, the legislative body of the local
agency additionally has decided to initiate or is deciding whether to initiate litigation
in one case.
DRAFT - City Council Minutes
March 5, 2019
Page 2 of 10
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
GC 54957(b)
Title: City Manager
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
GC SECTION 54956.8
Property: Ladera Linda Fields (APN 7564-001-909)
Agency negotiator: TBD
Negotiating parties: City of Rancho Palos Verdes and Alex Cherniss, PVPUDS
Superintendent
Under negotiation: Price and terms of payment
RECESS TO CLOSED SESSION (FIRESIDE ROOM):
At 6:05 P.M., the Council recessed to Closed Session.
RECESS TO REGULAR MEETING (MCTAGGART HALL):
At 7:16 P.M. the Closed Session was recessed 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 Duhovic at 7:19 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; Trang Nguyen, Deputy Director of Finance; Ara
Mihranian, Director of Community Development; Octavio Silva, Associate Planner; Elias
Sassoon, Director of Public Works; 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:
DRAFT - City Council Minutes
March 5, 2019
Page 3 of 10
The Pledge of Allegiance was led by Councilwoman Brooks.
CLOSED SESSION REPORT:
City Attorney Wynder reported that with regards to Closed Session Nos. 1 and 2,
matters were discussed with no reportable action taken; Closed Session No. 3, the City
Council commenced evaluation of the City Manager; and Closed Session No. 4, was
postponed to the end of the meeting to discuss if necessary.
MAYOR’S ANNOUNCEMENTS:
Mayor Duhovic announced that the Whale of a Day Poster Contest Winners
Presentation has been postponed to March 19, 2019.
Councilwoman Brooks requested that the meeting be adjourned in memory of former
Mayor Lee Byrd and longtime resident Kay Finer.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
Mayor Duhovic announced the Recycle Winners for the February 19, 2019, City Council
meeting: Peter Asher and Julia Westad. He indicated that all winners receive a check
for $250 and urged everyone to participate in the City’s Recycling 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:
Councilman Dyda moved, seconded by Mayor Pro Tem 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:
The following members of the public addressed the City Council: Noel Weiss, Debbie
Landes, Nadia G, Joanna Jones- Reel, and Lori Brown.
CITY MANAGER REPORT:
City Manager Willmore announced the following: Egg Hunt Eggstravaganza on April 20,
2019, from 10:00 AM to 11:30 PM at Ladera Linda Community Center; Code
DRAFT - City Council Minutes
March 5, 2019
Page 4 of 10
Enforcement will be conducting a voluntary yard audit as part of the Coyote
Management Plan and coyote awareness efforts; City Council Budget Workshop on
March 13, 2019, at 6:30 PM.
CONSENT CALENDAR:
City Clerk Colborn reported that late correspondence was distributed prior to the
meeting regarding Items E, I, and M and there was a request to speak on Item M.
Councilwoman Brooks moved, seconded by Councilman Alegria, to approve the
Consent Calendar with Item M removed and to be heard immediately after the Consent
Calendar and Item L 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.
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 January 29, 2019, Adjourned Regular meeting
(Advisory Board Interviews).
C. Register of Demands.
Adopted Resolution No. 2019-06, 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 January 2019 Cash Balances/
Monthly Treasurer’s Report.
Received and filed the report.
E. Consideration and possible action regarding a claim against the City by
Richard G. Fox.
DRAFT - City Council Minutes
March 5, 2019
Page 5 of 10
Rejected the claim and directed Staff to notify the claimant.
F. Consideration and possible action to adopt Ordinance No. 618 repealing and
replacing Chapter 2.14 (Approval and Execution of Contracts), Chapter 2.42
(Public Projects) and Chapter 2.44 (Purchasing System) of Title 2 of the
Rancho Palos Verdes Municipal Code.
Second reading and adoption of Ordinance No. 618, AN ORDINANCE OF THE
CITY OF RANCHO PALOS VERDES REPEALING AND REPLACING CHAPTER
2.14 (APPROVAL AND EXECUTION OF CONTRACTS), CHAPTER 2.42 (PUBLIC
PROJECTS), AND CHAPTER 2.44 (PURCHASING SYSTEM) OF TITLE 2 OF THE
RANCHO PALOS VERDES MUNICIPAL CODE.
G. Consideration and possible action to execute a Memorandum of
Understanding with California Joint Powers Insurance Authority (CJPIA)
regarding a Citywide Americans with Disabilities (ADA) Transition Plan.
Authorized the Mayor and City Clerk to execute a Memorandum of Understanding
with CJPIA, which would allow CJPIA to update the current Citywide ADA Transition
Plan through DAC Consulting Firm, for a fee not to exceed $143,450.
H. Consideration and possible action to authorize the Mayor to enter into a new
Memorandum of Understanding (MOU) between the City and the Los Angeles
Gateway Region Integrated Regional Water Management Joint Powers
Authority (Gateway Authority).
Authorized the Mayor to enter into a new Memorandum of Understanding (MOU)
between the City and the Los Angeles Gateway Region Integrated Regional Water
Management Joint Powers Authority (Gateway Authority).
I. Consideration and possible action to revise the existing Palos Verdes Nature
Preserve Night Hike Policy.
Approved the revised Night Hike Policy for the Palos Verdes Nature Preserve.
J. Consideration and possible action to adopt a resolution authorizing additional
staff, the Deputy Director of Finance and the Senior Administrative Analyst in
the Finance Department, to examine sales, use and transaction tax records.
Adopted Resolution No. 2019-07, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES AUTHORIZING EXAMINATION OF
SALES, USE AND TRANSACTIONS TAX RECORDS
K. Consideration and possible action to contract with Emergency Planning
Consultants to update the City’s multi-jurisdictional hazard mitigation plan.
DRAFT - City Council Minutes
March 5, 2019
Page 6 of 10
Authorized the City Manager to approve professional services agreement with
Emergency Planning Consultants.
L. Consideration and possible action to appoint a Chair to various Advisory
Boards.
Appointed the following members as Chair for a period of one year: David Bradley
(Planning Commission); Diana Feinberg (EPC); Jessica Vlaco (FAC); John Spain
(IMAC); and Larry Liu (TSC).
M. Consideration and possible action to review and approve the revised draft
Council Goals to update and replace the former 2014 Council Goals.
This item was removed from the Consent Calendar for separate consideration .
CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT:
M. Consideration and possible action to review and approve the revised draft
Council Goals to update and replace the former 2014 Council Goals.
Gabriella Yap, Deputy City Manager presented a brief staff report.
City Clerk Colborn reported that there was a request to speak. The following member of
the public addressed the City Council: Paul Funk.
Discussion ensued among Council Members and Staff.
Councilwoman Brooks moved, seconded by Mayor Duhovic, to approve the Council
Goals.
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 of first reading and introduction of an
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 Compatibility finding for structures over 16’ in height (Case No.
PLCA2018-0008).
DRAFT - City Council Minutes
March 5, 2019
Page 7 of 10
City Clerk Colborn reported that notice of the public hearing was duly published .
Mayor Duhovic declared the public hearing open.
With no requests to speak, Mayor Duhovic declared the public hearing closed.
Councilwoman Brooks moved, seconded by Mayor Pro Tem Cruikshank, to introduce
Ordinance No.619, AN 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
2. Consideration and action to conduct an appeal hearing of a Notice and Order
to Abate issued by the City for an unpermitted above-ground pool and deck
located at 8 Roseapple Road and 56 Limetree Lane, against Nicholas Loloee
and involving real party in interest, Jeanne Smolley.
Rana Nader, Special Counsel for Appellant, presented their appeal to the City Council.
City Clerk Colborn reported that there were requests to speak. The following members
of the public addressed the City Council: Larry Maizlish, Robert Maxwell, Carl Gutierrez,
Dennis Gardner, Robert Cumby and Jeanne Smolley.
Mayor Duhovic moved, seconded by Councilwoman Brooks, to adopt Resolution No.
2019-08, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES DENYING THE NOTICE AND ORDER TO ABATE APPEAL FILED
BY NICHOLAS LOLOEE AND THEREBY MOVING FORWARD WITH THE
ABATEMENT OF THE UNPERMITTED ABOVE-GROUND POOL AND DECK
LOCATED AT 8 ROSEAPPLE ROAD AND 56 LIMETREE LANE AGAINST NICHOLAS
LOLOEE AND INVOLVING REAL PARTY IN INTEREST, JEANNE SMOLLEY, as
amended to include reference to RPVMC §1.08.010(D) in Section 1(K) of resolution.
The motion passed on the following roll call vote:
DRAFT - City Council Minutes
March 5, 2019
Page 8 of 10
AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic
NOES: None
ABSENT: None
Mayor Duhovic called for a brief recess at 9:11 P.M. The meeting reconvened at 9:29
P.M.
REGULAR BUSINESS:
3. Consideration and possible action to receive and file a presentation from
Southern California Edison (SCE) regarding their Wildfire Mitigation Program.
City Clerk Colborn reported that late correspondence was received and distributed prior
to the meeting.
Discussion ensued among Council Members and Staff.
Councilwoman Brooks moved, seconded by Councilman Alegria, to receive and file a
presentation from SCE regarding their Wildfire Mitigation Program. Motion carried
without objection.
Councilman Alegria moved to extend the meeting to 11:00 P.M. Without objection,
Mayor Duhovic so ordered.
4. Receive and file the report on the City’s membership in various organizations.
City Clerk Colborn reported that there were no requests to speak.
Discussion ensued among Council Members and Staff.
Councilwoman Brooks moved, seconded by Mayor Pro Tem Cruikshank, to receive and
file the report on the City’s membership in various organizations with direction given to
Staff to discontinue membership with the Taking Back our Community Coalition. Motion
carried without objection.
5. Consideration and possible action to forward the 2018 Annual Report on the
implementation of the Rancho Palos Verdes General Plan to the appropriate
State agencies.
City Clerk Colborn reported that there were requests to speak.
Mayor Duhovic moved, seconded by Councilwoman Brooks, to waive the staff report on
this item. Motion carried without objection.
Discussion ensued among Council Members and Staff.
DRAFT - City Council Minutes
March 5, 2019
Page 9 of 10
Councilwoman Brooks moved, seconded by Councilman Dyda, to direct Staff to forward
the City’s Annual Report on the status of the implementation of the Rancho Palos
Verdes General Plan during the 2018 calendar year to the Governor’s Office of Planning
and Research (OPR) and the Department of Housing and Community Development
(HCD) and include leaf and debris blowers under Section IV. Noise Element of the
General Plan. Motion carried without objection.
6. Consideration and possible action to forward the Housing Element 2018
Annual Progress Report to the appropriate State agencies.
City Clerk Colborn reported that there were no requests to speak.
Discussion ensued among Council Members and Staff.
Councilwoman Brooks moved, seconded by Councilman Dyda, to direct Staff to forward
the City’s Annual Progress Report on the implementation of the Rancho Palos Verdes
Housing Element during the 2018 calendar year to the Governor’s Office of Planning
and Research (OPR) and the Department of Housing and Community Development
(HCD). Motion carried without objection.
7. Consideration and possible action to enter into real property negotiations with
the Palos Verdes Peninsula Unified School District (PVPUSD) regarding the
Ladera Linda fields (APN 7564-001-909).
City Clerk Colborn reported that late correspondence was received and distributed prior
to the meeting and there was a request to speak.
The following member of the public addressed the City Council: Larry Maizlish.
Discussion ensued among Council Members and Staff.
Councilwoman Brooks moved, seconded by Councilman Dyda, to authorize the City
Manager to be the City’s real property negotiator and enter into real property
negotiations with Palos Verdes Peninsula Unified School District (PVPUSD) and their
negotiator, Superintendent Alex Cherniss, regarding the Ladera Linda fields (APN 7564-
001-909).
The motion passed on the following roll call vote:
AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic
NOES: None
ABSENT: None
It was noted that a Closed Session would not be necessary to further discuss this item.
DRAFT - City Council Minutes
March 5, 2019
Page 10 of 10
CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER:
L. Consideration and possible action to appoint a Chair to various Advisory
Boards.
This item was removed by Councilwoman Brooks from the Consent Calendar for
separate consideration.
Discussion ensued among Council Members and Staff.
Councilwoman Brooks moved, seconded by Mayor Duhovic, to appointed the following
members as Chair for a period of one year: David Bradley (Planning Commission);
Diana Feinberg (EPC); Jessica Vlaco (FAC); John Spain (IMAC); and Larry Liu (TSC).
The motion passed on the following roll call vote:
AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic
NOES: None
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 10:57 P.M., Mayor Duhovic adjourned to 6:30 P.M. on March 13, 2019, for the FY
2019-20 Budget Workshop.
Mayor Duhovic adjourned in memory of former Mayor and Councilmember Lee Byrd
and longtime resident Kay Finer.
/s/ Jerry V. Duhovic
Mayor
Attest:
/s/ Emily Colborn
City Clerk