CC DM 20200212 A - 20191217 CC MINS DRAFTDRAFT
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
DECEMBER 17, 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 Cruikshank at 6:04 P.M. at Fred Hesse
Community Park, McTaggart Hall, 29301 Hawthorne Boulevard.
City Council roll call was answered as follows:
PRESENT: Alegria, Bradley, Dyda, and Mayor Cruikshank
ABSENT: Ferraro
Councilmember Ferraro joined the meeting at 6:10 P.M.
Also present were Ara Mihranian, Interim City Manager; W illiam 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. POTENTIAL LITIGATION AGAINST THE CITY
GC 54956.9(d)(2) and (e)(1)
Based on facts and circumstances that might result in litigation against the City, but
which the City believes are not yet known to a potential plaintiff or plaintiffs, which
facts and circumstances need not be disclosed.
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
GC SECTION 54956.9 (d)(1)
Name of case: York Point View Properties, LLC v. v. City of Rancho Palos Verdes,
Los Angeles Superior Court Case No. BS174116
3. CONFERENCE WITH LEGAL COUNSEL – 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
City Council Minutes
December 17, 2019
Page 2 of 10
b. Name of case: Indian Peak Properties, LLC v. City of Rancho Palos Verdes, et
al., Los Angeles Superior Court Case No. 18STCP02913
4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
GC SECTION 54956.9 (d)(1)
a. Name of case: City of Gardena vs. Regional Water Quality Control Board, Los
Angeles Region, et al., Orange County Superior Court Case Number: 30-2016-
00833722-CU-WM-CJC
b. Name of case: City of Duarte vs. Regional Water Quality Control Board, Los
Angeles Region, et al., Orange County Superior Court Case Number: 30-2016-
00833614-CU-WM-CJC
RECESS TO CLOSED SESSION (FIRESIDE ROOM):
At 6:05 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:
None.
DISCUSSION TOPICS:
SS1. 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 meetings as listed on the tentative agendas.
Mayor Pro Tem Alegria moved to approve the tentative agendas as amended to add an
upcoming city goals workshop. Without objection, Mayor Cruikshank so ordered.
ADJOURN TO REGULAR MEETING:
At 7:11 P.M. the Study Session was adjourned to the Regular meeting.
City Council Minutes
December 17, 2019
Page 3 of 10
REGULAR MEETING – OPEN SESSION
CALL TO ORDER:
A Regular meeting of the Rancho Palos Verdes City Council was called to order by
Mayor 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.
City Council roll call was answered as follows:
PRESENT: Alegria, Bradley, Dyda, Ferraro, and Mayor Cruikshank
ABSENT: None
Also present were Ara Mihranian, Interim City Manager; William W. Wynder, City
Attorney; Angie Garcia, Interim Director of Finance; Terry Rodrigue, Interim Director of
Community Development; Elias Sassoon, Director of Public Works; Ron Dragoo, City
Engineer; Cory Linder, Director of Recreation and Parks; Teresa Takaoka, Deputy City
Clerk; and Emily Colborn, City Clerk.
Also present was Captain James Powers, Lomita Station, Los Angeles County Sheriff’s
Department
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Councilman Bradley.
CLOSED SESSION REPORT:
City Attorney Wynder reported that with regards to Closed Session No. 1, the Council
was provided a privilege and confidential briefing on the facts and circumstances that
could give rise to a litigation claim against the city. Strategies to avoid such litigation
were discussed and authorized the City Attorney to pursue such strategies; with regards
to Closed Session No. 2, matter was discussed with no reportable action taken; with
regards to Closed Session No. 3, reported that a request (from Indian Peak Properties)
to obtain a stay order from the court with regards to Item No. 4 on tonight’s agenda was
denied for the fifth time; and with regards to Closed Session No. 4, reported that the
City Council is interested in participating in the litigation however not until the City
Attorney reports back on the anticipated cost of such participation.
MAYOR’S ANNOUNCEMENTS:
Mayor Cruikshank shared the following: gave an update on the water reliability project;
there would be 24/7 traffic control on Crenshaw Boulevard from Indian Peak and south
of Chadwick Lane and work will continue Monday through Friday 7 A.M. to 7 P.M.
City Council Minutes
December 17, 2019
Page 4 of 10
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
Mayor Cruikshank announced the Recycle Winners for the December 3, 2019, City
Council meeting: Terue Mimura and Jens Gehrke. 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:
Mayor Pro Tem Alegria moved, seconded by Councilmember Ferraro, to approve the
agenda as presented.
The motion passed on the following roll call vote:
AYES: Alegria, Bradley, Dyda, Ferraro and Mayor Cruikshank
NOES: None
ABSENT: None
PUBLIC COMMENTS:
The following members of the public addressed the City Council: Korey Bradbury, Noel
Weiss, Lori Brown, Nadia G., Lars Skari, and John Linder.
CITY MANAGER REPORT:
Interim City Manager Mihranian announced the following: League of California Cities
New Mayors and Councilmembers conference; Cal Water project update; city holiday
closure and services affected; and January 7, 2020, City Council meeting is canceled
due to the upcoming holidays.
CONSENT CALENDAR:
City Clerk Colborn reported that late correspondence was distributed prior to the
meeting regarding Item F, and there were requests to speak on Item G.
Mayor Pro Tem Alegria moved, seconded by Councilmember Ferraro, to approve the
Consent Calendar with Item G removed and to be heard immediately after the Consent
Calendar. Councilmembers Bradley and Ferraro abstained from the vote on Item B –
minutes of the October 29, 2019, adjourned regular meeting (NCCP)
The motion passed on the following roll call vote:
AYES: Alegria, Bradley, Dyda, Ferraro, and Mayor Cruikshank
NOES: None
ABSENT: None
ABSTAINED: Bradley and Ferraro (Item B)
City Council Minutes
December 17, 2019
Page 5 of 10
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 October 29, 2019, adjourned regular meeting (NCCP)
C. Register of Demands
Adopted Resolution No. 2019-66, 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
Authorized to not increase the City’s business license tax rate for 2020
E. Consideration and possible action to review the current status of Border
Issues
Received and filed the second biannual report on the status of Border Issues for 2019
F. Consideration and possible action to adopt a resolution expressing opposition
to the Southern California Association of Governments’ approved Draft
Regional Housing Needs Assessment Allocation Methodology
Adopted Resolution No. 2019-67, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES EXPRESSING OPPOSITION TO THE
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS’ APPROVED DRAFT
REGIONAL HOUSING NEEDS ASSESSMENT ALLOCATION METHODOLOGY
G. Consideration and possible action to receive and file a third quarter report on
the implementation of the City’s Wireless Telecommunications Facilities in
the Public Right-of-Way Ordinance (Case No. PLCA2019-0002)
This item was removed for separate consideration.
CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT:
G. Consideration and possible action to receive and file a third quarter report on
the implementation of the City’s Wireless Telecommunications Facilities in the
Public Right-of-Way Ordinance (Case No. PLCA2019-0002)
City Clerk Colborn reported that there were two requests to speak.
City Council Minutes
December 17, 2019
Page 6 of 10
Mayor Cruikshank moved to waive the staff report on this item. Without objection, Mayor
Cruikshank so ordered.
The following members of the public addressed the City Council: James Colton and Jim
Hathaway.
Discussion ensued among Council Members and Staff.
Mayor Pro Tem Alegria moved, seconded by Councilmember Dyda, to receive and file a
third quarter report on the implementation of the City’s Wireless Telecommunications
Facilities in the Public Right-of-Way Ordinance.
The motion passed on the following roll call vote:
AYES: Alegria, Bradley, Dyda, Ferraro, and Mayor Cruikshank
NOES: None
ABSENT: None
PUBLIC HEARINGS:
1. Consideration and possible action to approve the proposed Fiscal Year 2020 -
21 Community Development Block Grant (CDBG) project and budget
City Clerk Colborn reported that notice of the public hearing was duly published, no
written protest was received, and there were no requests to speak on this item.
Mayor Cruikshank declared the public hearing open.
Elias Sassoon, Director of Public Works, presented a brief staff report and PowerPoint
presentation.
With no requests to speak, Mayor Cruikshank declared the public hearing closed.
Discussion ensued among Council Members and Staff.
Councilmember Ferraro moved, seconded by Mayor Pro Tem Alegria to: (1) approve
the proposed FY 20-21 Community Development project and budget; (2) authorize the
Director of Public Works to execute an agreement for the FY 20 -21 CDBG project with
the Los Angeles County Development Authority (LACDA), 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 FY 19-20.
The motion passed on the following roll call vote:
AYES: Alegria, Bradley, Dyda, Ferraro, and Mayor Cruikshank
NOES: None
ABSENT: None
City Council Minutes
December 17, 2019
Page 7 of 10
REGULAR BUSINESS:
2. Consideration and possible action to amend the professional services
agreement with Johnson Favaro for Ladera Linda Park Architectural and
Engineering Design Services
City Clerk Colborn reported that late correspondence was received and distributed prior
to the meeting and there were two requests to speak.
Cory Linder, Director of Recreation and Parks, presented a staff report and PowerPoint
presentation.
The following members of the public addressed the City Council: Jessica Vlaco and
Mickey Rodich.
Discussion ensued among Council Members and Staff.
Mayor Pro Tem Alegria moved, seconded by Councilmember Dyda, to authorize the
Mayor to approve Amendment No. 1 to the professional services agreement with
Johnson Favaro for Ladera Linda Park Architectural and Engineering Design Services.
The motion passed on the following roll call vote:
AYES: Alegria, Bradley, Dyda, Ferraro, and Mayor Cruikshank
NOES: None
ABSENT: None
Mayor Cruikshank called for a brief recess at 8:43 P.M. The meeting reconvened at
8:59 P.M.
3. Consideration and possible action to accept and file the design drawings and
hydrologic analysis associated with Portuguese Bend Landslide Mitigation
Project years
City Clerk Colborn reported that late correspondence was received and distributed prior
to the meeting and there were three requests to speak on this item .
Elias Sassoon, Director of Public Works and Ron Dragoo, Principal Engineer presented
a staff report and PowerPoint presentation and introduced consultants from Geo-logic
Associates, Inc. who gave an overview on the project.
The following members of the public addressed the City Council: Barbara Ailor,
Elizabeth Sala, and Eva Cicoria.
Mayor Pro Tem Alegria moved to extend the meeting to 10:45 P.M. Without objection,
Mayor Cruikshank so ordered.
City Council Minutes
December 17, 2019
Page 8 of 10
Discussion ensued among Council Members and Staff.
Councilmember Dyda moved, seconded by Mayor Cruikshank, to accept and file the
design drawings and hydrologic analysis associated with Portuguese Bend Landslide
Mitigation Project; authorize Staff to proceed with preparing the environmental
document pursuant to the California Environmental Quality Act (CEQA) for the project
including requesting and receiving proposals as needed; and authorize Staff to identify
funding opportunities for construction from county, state, and federal agencies to
augment local funds for consideration by the City Council at a later date.
The motion passed on the following roll call vote:
AYES: Alegria, Bradley, Dyda, Ferraro and Mayor Cruikshank
NOES: None
ABSENT: None
Mayor Pro Tem Alegria moved to extend the meeting to 11:00 P.M. Without objection,
Mayor Cruikshank so ordered.
4. Consideration of, and ruling on, the “Notice of Appeal,” filed pursuant to RPV
Municipal Code § 8.24.040(D), by legal counsel for Indian Peak Properties,
LLC, appealing that certain “Notice and Order to Abate a Public Nuisance,”
duly posted and duly served for those certain premises described as Lot 80,
Assessor Parcel No. 7577-013-030, whose common street address is 26708
Indian Peak Road, Rancho Palos Verdes, California
City Clerk Colborn reported that was a request to speak.
City Attorney Wynder presented a brief staff report.
The following member of the public addressed the City Council: Dawn Cushman.
Discussion ensued among Council Members and Staff.
Mayor Pro Tem Alegria moved, seconded by Councilmember Ferraro, to adopt
Resolution No. 2019-68, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES DENYING THE APPEAL OF THE CITY’S NOTICE AND
ORDER TO ABATE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT OF
THE PUBLIC NUISANCE EXISTING AT THE PROPERTY LOCATED AT 26708
INDIAN PEAK ROAD.
The motion passed on the following roll call vote:
AYES: Alegria, Bradley, Dyda, Ferraro and Mayor Cruikshank
NOES: None
ABSENT: None
City Council Minutes
December 17, 2019
Page 9 of 10
5. Consideration and possible action to appoint City Council Members to
Intergovernmental Organizations, Associations and City Subcommittees for
2020
City Clerk Colborn reported that late correspondence was received and distributed prior
to the meeting and there were no requests to speak.
City Clerk Colborn presented a brief staff report.
Discussion ensued among Council Members and Staff.
Councilman Dyda moved to extend the meeting to 11:15 P.M. Without objection, Mayor
Cruikshank so ordered.
Councilmember Bradley moved, seconded by Councilmember Dyda, to: (1) appoint the
members of the City Council to the various intergovernmental organizations,
associations, and City Subcommittees for 2020 as discussed; and (2) Direct Staff to
notify the various agencies of the City Council’s decision.
The motion passed on the following roll call vote:
AYES: Alegria, Bradley, Dyda, Ferraro and Mayor Cruikshank
NOES: None
ABSENT: None
6. Consideration and possible action regarding the Fiscal Year 2018 -19 Year-end
Unaudited Financial Report, Purchase Order Carry-Forward Schedule, and
continuing appropriations
City Clerk Colborn reported that there were no requests to speak.
Angelina Garcia, Interim Director of Finance, presented a brief staff report.
Discussion ensued among Council Members and Staff.
Councilmember Bradley moved, seconded by Councilmember Dyda, to: (1) Receive
and file the FY 2018-19 Year-end Unaudited Financial Report; (2) Receive and file the
Purchase Order Carry-Forward Schedule from FY 2018-19 to FY 2019-20; (3) Approve
decreasing the FY 2018-19 Adopted Budget in the amount of $741,432 (General Fund),
$535,797 (1911 Act Street Lighting Fund), $4,851 (Proposition A Fund), $9,081
(Proposition C Fund), $113,705 (Measure R Fund), $7,331 (Donor Restricted
Contribution Fund, $131,261 (CDBG Fund), $4,054,018 (Infrastructure Improvement
Program Fund), $563,665 (State Grant Fund), $862,341 (Quimby Fund) and $116,773
(Equipment Replacement Fund) for purchase order carry-forward, continuing
appropriation and projects in process; and (4) Approve amending the FY 2019-20
Adopted Budget in the amount of $741,432 (General Fund), $535,797 (1911 Act Street
Lighting Fund), $4,851 (Proposition A Fund), $9,081 (Proposition C Fund), $113,705
(Measure R Fund), $7,331 (Donor Restricted Contribution Fund), $131,261 (CDBG
City Council Minutes
December 17, 2019
Page 10 of 10
Fund), $4,054,018 (Infrastructure Improvement Program Fund), $563,665 (State Grant
Fund), $862,341 (Quimby Fund) and $116,773 (Equipment Replacement Fund) for
purchase order carry-forward, continuing appropriations and capital projects in process
The motion passed on the following roll call vote:
AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic
NOES: None
ABSENT: None
Mayor Cruikshank moved to extend the meeting to 11:25 P.M. Without objection, Mayor
Cruikshank so ordered.
FUTURE AGENDA ITEMS:
The following items were raised by Council Members as future agenda items:
Councilmember Bradley requested that a discussion regarding the Eastview annexation
be considered at a future meeting.
Mayor Cruikshank requested a report on the potential cost of hosting an air show.
CITY COUNCIL ORAL REPORTS:
Each Council Member present reported on his/her attendance at various organization
and association meetings.
ADJOURNMENT
At 11:22 P.M., Mayor Cruikshank adjourned the meeting in memory of Rolling Hills
Councilmember Frank Hill.
/s/ John Cruikshank
Mayor
Attest:
/s/ Emily Colborn
City Clerk