CC MINS 20191106 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
NOVEMBER 6, 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 Tern Cruikshank at 6:00 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: Brooks, Dyda, and Mayor Pro Tern Cruikshank
ABSENT: Alegria (excused) and Mayor Duhovic (excused)
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.
City Clerk Colborn announced that Mayor Duhovic would be participating via
IIIteleconference from the Warwick Hotel, 1776 Grant St, Denver CO, 80203
Councilman Alegria and Mayor Duhovic joined the Closed Session at 6:08 P.M.
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: City of Rancho Palos Verdes v. Indian Peak Properties, LLC, Los
Angeles Superior Court Case No. 18STCV03781
b. Name of case: Indian Peak Properties, LLC v. City of Rancho Palos Verdes, et
al., Los Angeles Superior Court Case No. 18STCP02913
2. POTENTIAL LITIGATION AGAINST THE CITY
GC 54956.9(d)(2) and (e)(1)
111 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.
RECESS TO CLOSED SESSION (FIRESIDE ROOM):
At 6:05 P.M., the Council recessed to Closed Session.
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ADJOURN TO REGULAR MEETING:
At 6:43 P.M. the Closed 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 Pro Tem Cruikshank at 7:01 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
City Clerk Colborn announced that Mayor Duhovic would be participating via
teleconference from the Warwick Hotel, 1776 Grant St, Denver CO, 80203
Also present were Doug Willmore, City Manager; Gabriella Yap, Deputy City Manager; 111
William W. Wynder, City Attorney; Angelina Garcia, Interim Director of Finance; Ara
Mihranian, Director of Community Development; Kit Fox, Interim Deputy Director of
Community Development; Octavio Silva, Senior Planner; Elias Sassoon, Director of
Public Works; Charles Eder, PE, Associate 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 City Manager Doug Willmore.
CLOSED SESSION REPORT:
City Attorney Wynder reported that with regards to Closed Session Nos. 1(a), 1(b), and
2, matters were discussed with no reportable action taken.
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City Council Minutes
November 6, 2019
Page 2 of 11
MAYOR'S ANNOUNCEMENTS:
Mayor Pro Tern Cruikshank and the City Council honored Staff Sergeant Greg Marcelo
for his dedicated military service and Mr. Seymour "Snowy" Coates for his dedicated
service with the United States Navy.
Mayor Pro Tern Cruikshank also spoke regarding the November 5, 2019, election
results.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
Mayor Pro Tem Cruikshank announced the Recycle Winners for the October 15, 2019,
City Council meeting: Leslie Tanouye and James Au. 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 Alegria moved, seconded by Councilman Dyda, 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, Kathy
Campbell, Tracy Beecher, Sharon Jang, and Lori Brown.
CITY MANAGER REPORT:
City Manager Willmore announced the following: acknowledged the election candidates
for their willingness to run for City Council and reminded them to remove all campaign
signs promptly; Local Authors Book Signing event on Saturday, November 9th at PVIC;
registration open for Brunch with Santa event on December 7th at Hesse Park; and
installation of LED street lights begins.
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November 6, 2019
Page 3 of 11
CONSENT CALENDAR:
City Clerk Colborn reported that late correspondence was distributed prior to the
meeting regarding Items B, E, G, and K.
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Councilwoman Brooks moved, seconded by Councilman Dyda, to approve the Consent
Calendar with Item H 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 September 17, 2019, Regular Meeting.
C. Register of Demands
Adopted Resolution No. 2019-51, 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 September 2019 Cash
Balances/Monthly Treasurer's Report
Received and filed the September 2019 Cash Balances/Monthly Treasurer's Report.
E. Consideration and possible action to sign the purchase agreement for two tax-
defaulted properties in the City (APNs 7566-015-026 and 7583-022-012)
Authorized the Mayor and City Clerk to sign Chapter 8 Agreement 2830 to purchase
a vacant lot on Crownview Drive (APN 7566-015-026) and a vacant lot abutting the
Agua Amarga Reserve (APN 7583-022-012).
F. Consideration and possible action to adopt various resolutions for City
officials to conduct investments and financial transactions; designating the
City Treasurer and Deputy City Treasurer; and designating signatories with
various financial institutions
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November 6, 2019
Page 4 of 11
(1) Adopted Resolution No. 2019-52, A RESOLUTION OF THE CITY COUNCIL OF
111 THE CITY OF RANCHO PALOS VERDES AUTHORIZING INVESTMENT OF
RANCHO PALOS VERDES MONIES IN LOCAL AGENCY INVESTMENT FUND; (2)
Adopted Resolution No. 2019-53, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES AUTHORIZING CERTAIN OFFICIALS TO
CONDUCT FINANCIAL TRANSACTIONS WITH VARIOUS FINANCIAL
INSTITUTIONS AND DESIGNATING THE CITY TREASURER AND DEPUTY CITY
TREASURER; (3) Adopted Resolution No. 2019-54, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES DESIGNATING
SIGNATORIES FOR ACCOUNTS WITH VARIOUS FINANCIAL INSTITUTIONS; and
(4) Adopted Resolution No. 2019-55, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES APPROVING THE FORM OF A
CUSTODIAN AGREEMENT WITH VINING-SPARKS IBG, LIMITED PARTNERSHIP,
DESIGNATING "AUTHORIZED OFFICERS"AND TAKING CERTAIN OTHER
ACTIONS RELATING THERETO.
G. Consideration and possible action to authorize the City Clerk to file a Notice of
Completion for the ADA Access Improvements — Crosswalks in Area 1 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 Registrar-Recorder's Office;
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 EBS General
Engineering, Inc., a California corporation, 35 days after recordation of the Notice of
Completion by the L.A. County Registrar-Recorder's Office, contingent on no claims
being filed on the project, and the contractor posting an acceptable warranty bond
with the City.
H. Consideration and possible action to adopt a resolution authorizing the City to
apply for an SB 2 planning grant to facilitate and streamline the development
process for mixed-use projects in certain commercial zoning districts
This item was removed from the Consent Calendar for separate consideration.
I. Consideration and possible action to approve Amendment No. 1 to the
professional services agreement with Rincon Consultants, Inc. to complete an
updated Environmental Impact Report associated with proposed code
amendments to Zone 2 of the Landslide Moratorium Ordinance (Case No.
PLCA2018-0004)
Approved Amendment No. 1 to the professional services agreement with Rincon
Consultants, Inc. in an amount not to exceed $18,325 to complete an updated
Environmental Impact Report to update the Landslide Moratorium Ordinance
pertaining to Zone 2, subject to approval as to form by the City Attorney.
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November 6, 2019
Page 5 of 11
J. Consideration and possible action to adopt the health benefit rates for the new
calendar year
Adopted Resolution No. 2019-57, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES TO ADJUST THE CITY'S MAXIMUM
MONTHLY CONTRIBUTION AMOUNTS FOR EMPLOYEE AND COUNCIL
MEMBER HEALTH INSURANCE PREMIUMS AND RESCINDING AND
REPLACING RESOLUTION NO. 2018-81.
K. Consideration and possible action to receive and file a status report on
agreements releasing and adding deed restrictions over the Civic Center
property
Received and filed a status report.
CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT:
None.
PUBLIC HEARINGS:
1. Consideration and possible action to adopt Ordinance No. 630 adopting the
2019 California Building Standards Code
City Clerk Colborn reported that notice of the public hearing was duly published, no
written protest were received.
Mayor Pro Tern Cruikshank declared the public hearing open.
Ara Mihranian, Director of Community Development, presented a staff report.
With no requests to speak, Mayor Pro Tern Cruikshank declared the public hearing
closed.
Discussion ensued among Council Members and Staff.
Councilman Alegria moved, seconded by Councilwoman Brooks, to adopt Ordinance
No. 630, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING
BY REFERENCE THE 2019 EDITION OF THE CALIFORNIA BUILDING,
RESIDENTIAL, GREEN BUILDING STANDARDS, PLUMBING, ELECTRICAL, AND
MECHANICAL CODES, WHICH ARE CODIFIED IN TITLE 24 OF THE CALIFORNIA
CODE OF REGULATIONS, CHAPTER 7A OF TITLE 26 OF THE LOS ANGELES
COUNTY CODE, THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS
BUILDINGS 1997 EDITION, THE UNIFORM HOUSING CODE 1997 EDITION, AND
THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2018 EDITION, WITH
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November 6, 2019
Page 6 of 11
APPENDICES AND AMENDMENTS THERETO; AND AMENDING THE RANCHO
111 PALOS VERDES MUNICIPAL CODE.
The motion passed on the following roll call vote:
AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic
NOES: None
ABSENT: None
REGULAR BUSINESS:
2. Consider the joint report of the Council Ad Hoc Sub-committee and the Office
of the City Attorney on the efforts to obtain compliance with Public Records Act
requests, codified in Government Code §§ 6250 et seq., from Mr. Brian
Campbell; and Consider the joint report of the Council Ad Hoc Sub-committee
and the Office of the City Attorney on the investigation into possible violations
of the "Closed Session Privilege," codified in Government Code§§54950 etseq.
City Clerk Colborn reported that late correspondence was received and distributed prior
to the meeting and there was a request to speak.
William Wynder, City Attorney, presented a staff report.
The following member of the public addressed the City Council: Bob Nelson.
Discussion ensued among Council Members and Staff.
Councilwoman Brooks moved, seconded by Mayor Duhovic, to receive and file the joint
reports, consider the recommendations (included in Agenda Item No. 3) of the Council
Ad Hoc Sub-committee, consider the options and recommendation (included in Agenda
Item No. 3) of the City Attorney, and provide such direction (at the November 19, 2019,
Closed Session) to City Staff and the City Attorney as the City Council deems
appropriate consistent with the requirements of law.
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 to (1) amend the City Council Rules of
Procedure, (2) adopt Policy No. 55 regarding Closed Session, and (3) adopt by
reference certain sections of the Rules of Procedure, relating to closed
session and the use of emails, and making a violation thereof a misdemeanor.
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November 6, 2019
Page 7 of 11
William Wynder, City Attorney, presented a staff report.
With no requests from the public to speak, discussion ensued among Council Members
and Staff.
Councilwoman Brooks moved, seconded by Councilmember Alegria, to (1) Adopt
Resolution No. 2019-58, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES AMENDING SECTION 3.6 (CLOSED SESSIONS
MEETINGS) OF CHAPTER 3 (TYPES OF MEETINGS), SECTION 10.2
(APPOINTMENTS), SECTIONS 10.4 (USE OF EMAIL) AND 10.5 (DEFENSE AND
INDEMNIFICATION) OF CHAPTER 10 (BOARDS, COMMISSIONS, COMMITTEES,
AND SUBCOMMITTEES), CHAPTER 11 (PUBLIC RECORDS AND USE OF EMAIL),
AND MISCELLANEOUS CLEAN-UP AMENDMENTS OF THE CITY COUNCIL RULES
OF PROCEDURE, as amended with substitution of wording ("shall" to "must/will" as
appropriate); and amend Section 10.4 compliance deadline to respond in 30 days rather
than 90 days; (2) Adopt Resolution No. 2019-59, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING COUNCIL POLICY
NO. 55, RELATING TO CLOSED SESSIONS; and (3) Introduce Ordinance No. 629, AN
ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADDING CHAPTER 1.18
(RULES OF PROCEDURE) TO THE RANCHO PALOS VERDES MUNICIPAL CODE,
ADOPTING BY REFERENCE SECTION 3.6 (CLOSED SESSION MEETINGS) OF
CHAPTER 3.0 (TYPES OF MEETINGS), SECTION 10.4 (USE OF EMAILS) OF
CHAPTER 10.0 (BOARDS, COMMISSIONS, COMMITTEES, AND SUBCOMMITTEES),
AND CHAPTER 11 (PUBLIC RECORDS AND USE OF EMAIL) OF THE CITY COUNCIL
RULES OF PROCEDURE, AND MAKING VIOLATIONS THEREOF A MISDEMEANOR
AND A PUBLIC NUISANCE.
The motion passed on the following roll call vote:
AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic
NOES: None
ABSENT: None
Mayor Pro Tem Cruikshank called for a recess at 8:39 P.M. The meeting reconvened at
8:57 P.M.
Mayor Duhovic excused himself for the remainder of the meeting at 8:57 P.M.
4. Consideration and possible action to receive and file a report on the City's
policies and procedures regarding the encroachment of private improvements
into the public right-of-way
City Clerk Colborn reported that there were requests to speak.
Kit Fox, Interim Deputy Director of Community Development, presented a staff report
and PowerPoint presentation.
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November 6, 2019
Page 8 of 11
The following members of the public addressed the City Council: Kathy Campbell, Dale
Spiegel, Mickey Rodich, and Peter Shaw.
Discussion ensued among Council Members and Staff.
Councilwoman Brooks moved, seconded by Councilman Alegria, to receive and file a
report on the City's policies and procedures regarding the encroachment of private
improvements into the public right-of-way and directed staff to return at a future date to
address setting priorities regarding encroachment policies/issues of concern.
The motion passed on the following roll call vote:
AYES: Alegria, Brooks, Dyda, and Cruikshank
NOES: None
ABSENT: Mayor Duhovic
5. Consideration and possible action to adopt a resolution supporting balance
and local control of energy solutions
Councilwoman Brooks moved to waive the staff report on this item. Without objection,
Mayor Pro Tem Cruikshank so ordered.
With no requests from the public to speak, discussion ensued among Council Members
and Staff.
Councilwoman Brooks moved, seconded by Mayor Pro Tem Cruikshank, to adopt
Resolution No. 2019-60, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES SUPPORTING BALANCED ENERGY SOLUTIONS AND
MAINTAINING LOCAL CONTROL OVER ENERGY SOLUTIONS.
The motion passed on the following roll call vote:
AYES: Alegria, Brooks, Dyda, and Cruikshank
NOES: None
ABSENT: Mayor Duhovic
6. Consideration and possible action to approve compensation changes for part-
time employees as a result of the state's minimum wage increase
Mayor Pro Tem Cruikshank moved to waive the staff report on this item. Without
objection, Mayor Pro Tem Cruikshank so ordered.
With no requests from the public to speak, discussion ensued among Council Members
and Staff.
Councilwoman Brooks moved, seconded by Councilman Dyda, to adopt Resolution No.
2019-61, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
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November 6, 2019
Page 9 of 11
PALOS VERDES, CALIFORNIA, AMENDING, RESTATING, AND SUPERSEDING
RESOLUTION NO. 2019-36 SETTING THE SALARY AND HOURLY COMPENSATION
SCHEDULE FOR ALL EMPLOYEES IN CITY SERVICE. III
The motion passed on the following roll call vote:
AYES: Alegria, Brooks, Dyda, and Cruikshank
NOES: None
ABSENT: Mayor Duhovic
CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER:
H. Consideration and possible action to adopt a resolution authorizing the City to
apply for an SB 2 planning grant to facilitate and streamline the development
process for mixed-use projects in certain commercial zoning districts
This item was removed by Councilman Dyda from the Consent Calendar for
separate consideration.
Kit Fox, Interim Deputy Director of Community Development, presented a staff report.
Discussion ensued among Council Members and Staff.
Mayor Pro Tem Cruikshank moved, seconded by Councilman Alegria, to adopt
Resolution No. 2019-56, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES AUTHORIZING APPLICATION FOR, AND RECEIPT OF,
SB 2 PLANNING GRANTS PROGRAM FUNDS.
The motion passed on the following roll call vote:
AYES: Alegria, Brooks, Dyda, and Cruikshank
NOES: None
ABSENT: Mayor Duhovic
FUTURE AGENDA ITEMS:
None.
CITY COUNCIL ORAL REPORTS:
Each Council Member present reported on his/her attendance at various organization
and association meetings.
ADJOURNMENT
City Council Minutes
November 6, 2019
Page 10 of 11
At 10:18 P.M., Mayor Pro Tern Cruikshank adjourned to 6:00 P.M. on November 19,
2019, for,a Closed Session meeting and 7:00 P.M. for a Regular meeting.
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City Council Minutes
November 6, 2019
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