CC DM 20190716 B - 20190604 CC MINS DRAFTDRAFT
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
JUNE 4, 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 Pro Tem Cruikshank at 6:07 P.M. at Fred Hesse
Community Park, McTaggart Hall, 29301 Hawthorne Boulevard, notice having been
given with affidavit thereto on file.
Mayor Pro Tem Cruikshank announced that Mayor Duhovic would be participating via
teleconference from Windgate by Wyndham, 108 Saluda Pointe Court, Lexington, SC
29072.
City Council roll call was answered as follows:
PRESENT: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic (teleconference)
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 – EXISTING LITIGATION
GC SECTION 54956.9 (d)(1)
a. Name of case: City of Rancho Palos Verdes v. Indian Peak Properties, LLC, Los
Angeles Superior Court Case No. 18STCV03781
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b. Name of case: Indian Peak Properties, LLC v. City of Rancho Palos Verdes, et
al., Los Angeles Superior Court Case No. 18STCP02913
c. Name of case: York Point View Properties, LLC v. v. City of Rancho Palos
Verdes, Los Angeles Superior Court Case No. BS174116
RECESS TO CLOSED SESSION (FIRESIDE ROOM):
At 6:09 P.M., the Council recessed to Closed Session.
ADJOURN TO REGULAR MEETING:
At 7:10 P.M. the Closed Session was adjourned.
REGULAR MEETING – OPEN SESSION
CALL TO ORDER:
A Regular meeting of the Rancho Palos Verdes City Council was called to order by
Mayor Pro Tem Cruikshank at 7:14 P.M. at Fred Hesse Community Park, McTaggart
Hall, 29301 Hawthorne Boulevard, notice having been given with affidavit thereto on file.
Mayor Pro Tem Cruikshank announced that Mayor Duhovic would be participating via
teleconference from Windgate by Wyndham, 108 Saluda Pointe Court, Lexington, SC
29072.
City Council roll call was answered as follows:
PRESENT: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic (teleconference)
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; 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:
The Pledge of Allegiance was led by Councilman Alegria.
CLOSED SESSION REPORT:
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City Attorney Wynder announced that Mayor Duhovic participated in the Closed Session
via teleconference. City Attorney Wynder reported that with regards to Closed Session
Item Nos. 1 and 2c, matters were discussed with no reportable action taken; and with
regards to Closed Session Item Nos. 2a and 2b, the City Council rejected the Offer of
Settlement that was presented.
MAYOR’S ANNOUNCEMENTS:
None.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
Mayor Pro Tem Cruikshank announced the Recycle Winners for the May 21, 2019, City
Council meeting: Alan Sugano and Edith Klaus. 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 individu als also won a
Personal Emergency Preparedness Kit from the City valued at $60.00.
APPROVAL OF THE AGENDA:
Councilman Dyda moved, seconded by Councilwoman Brooks, to approve the agenda
as presented with the following modification: hear Agenda Item No. 6 before Agenda
Item No. 1.
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: Joanna Jones-Reed,
Noel Weiss, Sharon Loveys, Debbie Landes, Nadia G., Judy Frankel, and Lori Brown.
CITY MANAGER REPORT:
City Manager Willmore announced the following: Eastview Park Volunteer Weeding
Day, June 28 at 9:00 AM - 11:00 AM, Eastview Park; reported on the Los Serrenos
Docent Appreciation Dinner held last week; and Peninsula Street Fair, June 8 -9 in
Rolling Hills.
CONSENT CALENDAR:
City Clerk Colborn announced that Staff has requested for Agenda Item No. F to be
pulled and not heard at this time.
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Councilman Alegria moved, seconded by Councilwoman Brooks, to approve the
Consent Calendar with Agenda Item No. F removed and not heard and Agenda Item
No. D 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 May 7, 2019, Regular City Council meeting.
C. Register of Demands
Adopted Resolution No. 2019-17, 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 to receive and file a report on SB 732,
which would enable the South Coast Air Quality Management District to place
a sales tax increase of up to 1 percent on the ballot for voter approval.
This item was removed from the Consent Calendar for separate consideration.
E. Consideration and possible action regarding the April 2019 Cash
Balances/Monthly Treasurer’s Report.
Received and filed the April 2019 Cash Balances/Monthly Treasurer’s Report.
F. Consideration and possible action to award a Professional Services
Agreement to Telecom Law Firm to perform technical and legal analysis of
wireless projects submitted to the City.
This item was pulled from the agenda and was not heard at this time.
G. Consideration and possible action to receive and file the Independent
Accountants’ Report on Agreed-Upon Procedures performed with respect to
City employee compensation for the calendar year ended December 31, 2018.
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Received and filed documents related to the City Employee Compensation and
Benefit Analysis Report for 2018.
CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT:
None.
Per the re-order of the agenda, Mayor Duhovic moved to Agenda Item No. 6.
6. Consideration and possible action to appoint two members to the Emergency
Preparedness Committee.
City Clerk Colborn announced that ballots were distributed earlier in the evening to
appoint two members to the Emergency Preparedness Committee (EPC). Mayor
Duhovic announced his vote via teleconference and City Clerk Colborn announced the
votes of the remaining Council Members.
After one round of balloting, Larry Maizlish and Ruth Braswell were appointed.
PUBLIC HEARINGS:
1. Consideration and possible action regarding the Fiscal Year 2019 -20 Draft
Budget and Capital Improvement Program, including discussion and possible
direction regarding all City revenues and expenditures.
City Clerk Colborn reported that notice of the public hearing was duly published and no
written protest were received.
Mayor Pro Tem Cruikshank declared the public hearing open.
Deborah Cullen, Director of Finance, presented a brief staff report and PowerPoint
presentation.
With no requests to speak, Mayor Pro Tem Cruikshank declared the public hearing
closed.
Discussion ensued among Council Members and Staff.
Councilwoman Brooks moved, seconded by Councilman Alegria, to (1) Receive Staff
presentation of the FY 2019-20 Draft Budget and Capital Improvement Program; (2)
Approve the changes to Western Ave. ALPR and Arterial Fences and Walls Standard
projects in the Capital Improvement Program; (3) Determine that the utility users’ tax
(UUT) rate of 3% continues to be a necessary revenue source for the City’s operating
and capital improvements, and that the current rate of 3% should be maintained; (4)
Determine that the golf tax of 10% continues to be a necessary revenue source for the
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City’s operating and capital improvements and that the current rate of 10% should be
maintained; and (5) Continue the public hearing to June 18, 2019.
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 review and file the draft 2020 Five-Year
Financial Model (2020 Model).
Deborah Cullen, Director of Finance, presented a staff report and PowerPoint
presentation.
Discussion ensued among Council Members and Staff.
Councilwoman Brooks moved, seconded by Councilman Dyda, to receive and file the
draft 2020 Five-Year Financial Model (2020 Model).
The motion passed on the following roll call vote:
AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic
NOES: None
ABSENT: None
3. Consideration and possible action regarding the collection of the annual
business license tax from home occupancy businesses, addition of Section
5.04.015 and modification to the language in Sections 5.04.050, 5.04.070,
5.04.090 and 5.04.440 of the Municipal Code.
Deborah Cullen, Director of Finance, presented a staff report and PowerPoint
presentation.
Discussion ensued among Council Members and Staff.
Councilman Alegria moved, seconded by Councilman Dyda, to (1) Set the business
license tax rate for home occupancy businesses at $0 for FY 2019-20 and direct Staff to
bring this item back to the City Council annually for direction; and (2) Introduce
Ordinance No. 623, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES ADDING SECTION 5.04.015 (INTENT), AND AMENDING
SECTIONS 5.04.050 (LICENSE AND TAX PAYMENT REQUIRED), 5.04.070
(EVIDENCE OF DOING BUSINESS), 5.04.090 (EXEMPTIONS), AND 5.04.440
(ANNUAL CHANGE OF BUSINESS LICENSE TAX) OF CHAPTER 5.04 (BUSINESS
LICENSES) OF TITLE 5 (BUSINESS TAXES, LICENSES AND REGULATIONS),
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RELATING TO BUSINESS LICENSE TAXES, LICENSES AND REGULATIONS),
RELATING TO BUSINESS LICENSE TAXES
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 to resume the City’s Peafowl Trapping
Program for 2019.
Ara Mihranian, Director of Community Development presented a staff report and
PowerPoint presentation.
Discussion ensued among Council Members and Staff.
Councilwoman Brooks moved, seconded by Mayor Pro Tem Cruikshank, to (1) Receive
and file a final summary report on the 2018 Peafowl Trapping Program ; (2) Direct Staff
to resume the humane trapping and relocation of up to 150 peafowl for 2019; and (3)
Authorize the Mayor and City Clerk to execute a professional services agreement with
Wildlife Services, approved as to form by the City Attorney, in an amount not to exceed
$37,000 annually ($111,000 total three -year cost), for a period of three years, for the
citywide trapping of peafowl.
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 receive and file a status report on the
implementation of the City’s Coyote Management Plan.
Ara Mihranian, Director of Community Development presented a staff report and
PowerPoint presentation.
Discussion ensued among Council Members and Staff.
Councilwoman Brooks moved, seconded by Mayor Pro Tem Cruikshank, to receive and
file a status report on the implementation of the City’s Coyote Management Plan.
The motion passed on the following roll call vote:
AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic
NOES: None
ABSENT: None
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CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER:
This item was removed by Mayor Pro Tem Cruikshank from the Consent Calendar
for separate consideration.
D. Consideration and possible action to receive and file a report on SB 732,
which would enable the South Coast Air Quality Management District to place
a sales tax increase of up to 1 percent on the ballot for voter approval.
Discussion ensued among Council Members and Staff.
Councilman Dyda moved, seconded by Councilwoman Brooks, to direct Staff to draft a
letter disagreeing with SB 732 as written.
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 8:37 P.M., Mayor Pro Tem Cruikshank adjourned to 6:00 P.M. on June 18, 2019, for
a Closed Session meeting and 7:00 P.M. for a Regular meeting.
/s/ John Cruikshank
Mayor Pro Tem
Attest:
/s/ Emily Colborn
City Clerk