Loading...
CC DM 20170905 B - 20170718 CC REG MTG MINS DRAFTDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JULY 18, 2017 CALL TO ORDER: A Regular meeting of the Rancho Palos Verdes City Council for the purpose of a Closed Session and Study Session was called to order by Mayor Campbell at 6:03 P.M. at Fred Hesse Community Park, McTaggart Hall, 29301 Hawthorne Boulevard., notice having been given with affidavit thereto on file. ROLL CALL: City Council roll call was answered as follows: PRESENT: Brooks, Dyda, Misetich, Mayor Pro Tem Duhovic, Mayor Campbell ABSENT: None Also present were Doug Willmore, City Manager; Dave Aleshire, City Attorney; Gabriella Yap, Deputy City Manager; Emily Colborn, City Clerk; and Teresa Takaoka, Deputy City Clerk. PUBLIC COMMENTS: City Clerk Colborn reported that there were no requests to speak. CLOSED SESSION ITEMS ANNOUNCED: City Attorney Aleshire announced the items to be discussed in Closed Session. POTENTIAL LITIGATION AGAINST THE CITY: GC 54956.9(d)(2) and (e)(3) 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 a letter dated October 7, 2016, from attorney Jack Silver on behalf of California River Watch to City Manager Doug Willmore and Former Public Works Director Michael Throne. 2. POTENTIAL LITIGATION AGAINST THE CITY: GC 54956.9(d)(2) and (e)(3) 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 a letter dated April 19, 2016 from Ted. K. Lippincott, legal counsel for Mark Doddy, to Deputy City Manager Yap, a letter dated May 9, 2016, from Mr. Lippincott to City Manager Willmore, a letter dated July 21, 2016, from Ted. K. Lippincott, legal counsel for Rocco Sigona, to Former Assistant City Attorney Christina Burrows, and a letter dated August 18, 2016, from Ted. K. Lippincott, legal counsel for Maria Serrao, to Former Assistant City Attorney Christina Burrows. A copy of the letters are on file in the City Clerk's Office 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: GC 54957(b) Title: City Manager RECESS TO CLOSED SESSION (FIRESIDE ROOM): At 6:04 P.M., the Council recessed to Closed Session. RECONVENE TO STUDY SESSION (MCTAGGART HALL): At 7:32 P.M., the Council reconvened the meeting for a Study Session. STUDY SESSION: PUBLIC COMMENTS FOR STUDY SESSION: City Clerk Colborn reported that there were no requests to speak. DISCUSSION TOPICS FOR STUDY SESSION: SS1. Review of Tentative Agendas and 2014 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. Mayor Pro Tem Duhovic moved, seconded by Councilman Dyda to approve the tentative agendas as amended. The motion passed on the following roll call vote: AYES: Brooks, Dyda, Misetich, Duhovic and Mayor Campbell NOES: None ABSENT: None ADJOURN TO REGULAR MEETING At 7:44 P.M. the meeting was adjourned to the Regular meeting. City Council Minutes July 18, 2017 Page 2 of 12 REGULAR MEETING CALL TO ORDER: A Regular meeting of the Rancho Palos Verdes City Council was called to order by Mayor Campbell at 7:44 P.M. at Fred Hesse Community Park, McTaggart Hall, 29301 Hawthorne Boulevard., notice having been given with affidavit thereto on file. ROLL CALL: City Council roll call was answered as follows: PRESENT: Brooks, Dyda, Misetich, Mayor Pro Tem Duhovic, Mayor Campbell ABSENT: None Also present were Doug Willmore, City Manager; Gabriella Yap, Deputy City Manager; David Aleshire, City Attorney; Deborah Cullen, Director of Finance; Ara Mihranian, Director of Community Development; Terry Rodrigue, Interim Public Works Director; Nicole Jules, Deputy Director of Public Works; Ron Dragoo, Principal Civil Engineer; Teresa Takaoka, Deputy City Clerk; and Emily Colborn, City Clerk. Also present was Captain Beringer, Lomita Station, Los Angeles County Sheriff's Department. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilwoman Brooks. CLOSED SESSION REPORT: City Attorney Aleshire reported the following: Potential Litigation - California River Watch, Council gave instructions for settlement negotiations; Potential Litigation — Mark Doddy, item was not discussed; and Public Employee Performance Evaluation — City Manager, matter was discussed with no reportable action taken. MAYOR'S ANNOUNCEMENTS: Mayor Campbell relayed information regarding the November 7, 2017, General Municipal Election. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Campbell announced Recyclers of the Month from the June 20, 2017, City Council meeting: Katie Craig and F.J. Fagan. He indicated that all winners receive a check for $250 and urged everyone to participate in the City's Recycling Program. The Mayor noted that in addition to winning the Recycler Drawing, the two individuals also won a Personal Emergency Preparedness Kit from the City at a value of $60.00. City Council Minutes July 18, 2017 Page 3 of 12 APPROVAL OF THE AGENDA: Councilman Dyda moved, seconded by Mayor Pro Tem Duhovic to approve the agenda as presented. The motion passed on the following roll call vote: AYES: Brooks, Dyda, Misetich, Duhovic and Mayor Campbell NOES: None ABSENT: None PUBLIC COMMENTS: City Clerk Colborn reported that there were three requests to speak. Noel Park, HOA president expressed concern with cellular antennas being installed in his neighborhood particularly one at 2960 Verde Ridge Road. Andrea Vona, Palos Verdes Peninsula Land Conservancy announced and invited all to the upcoming PVPLC events. Family Nature Walk and Painting Workshop, July 23, 2017; Outdoor Volunteer Days at Portuguese Bend Reserve, August 5, 2017, and Alta Vicente Reserve, August 19; and Trail Crew Training, August 12, 2017. Minas Yerelian, read a statement from a 1961 court case regarding public corruption and expressed concern with the Noise Element portion of the General Plan not being enforced. CITY MANAGER REPORT: City Manager Willmore announced the following: relayed information for the November 7, 2017, General Municipal Election; announced that the July 19, 2017, Department of Toxic Substances Control (DTSC) community meeting regarding the soil at Ladera Linda soccer field has been canceled. The DTSC will reschedule the meeting for a later date; reported out on the Meet and Greet and program event hosted by Ring; announced that the 2017-2018 adopted City Budget is available on the City's website at www.rpvca.gov for viewing; reported on the 4t" of July event and thanked the Council for their attendance, Sponsors for their contributions, and Staff for their work on the successful event; reported on the Shakespeare by the Sea event of Taming of the Shrew. CONSENT CALENDAR: City Clerk Colborn reported that late correspondence was distributed prior to the meeting regarding Items H, and L and there were requests to speak on Items E, G, and K. City Council Minutes July 18, 2017 Page 4 of 12 Mayor Pro Tem Duhovic moved, seconded by Councilwoman Brooks to approve the Consent Calendar with Items E, G, and K removed and to be heard immediately after the Consent Calendar. The motion passed on the following roll call vote: AYES: Brooks, Misetich, Dyda, Duhovic, and Mayor Campbell 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. Register of Demands ADOPTED RESOLUTION NO. 2017-36, 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. ADOPTED RESOLUTION NO. 2017-37, 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. C. Consideration and possible action regarding a claim against the City by claimant, David Leeper. Rejected the claim and direct Staff to notify the claimant. D. Consideration and possible action to review and adopt the FY17-18 Investment Policy for the City of Rancho Palos Verdes. Adopted the FY17-18 Investment Policy for the City of Rancho Palos Verdes. E. Consideration and possible action to adopt a resolution authorizing examination of sales, use and transaction tax records; and award a contract for sales, use and transaction tax reporting and consulting to Hinderliter, de Llamas & Associates. This item was removed from the Consent Calendar for separate consideration. F. Consideration and possible action to authorize the City Clerk to file a Notice of Completion for the Hawthorne Boulevard Right -of -Way Beautification 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 Recorder; and if no claims are City Council Minutes July 18, 2017 Page 5 of 12 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 STL Landscape, Inc., a California corporation, 35 days after recordation of the Notice of Completion by the Los Angeles County Recorder, contingent upon no claims being filed on the project, and the contractor posting an acceptable warranty bond with the City. G. Consideration and possible action to authorize the City Clerk to file a Notice of Completion for the Portuguese Bend Landslide Dewatering Wells Project. This item was removed from the Consent Calendar for separate consideration. H. Consideration and possible action to award a construction contract for the Residential Street Rehabilitation Project, Area 7 - Phase I (Area 7), Project No. 004917, and award a construction services agreement to Sully -Miller Contracting Company for $1,419,331. 1) Approved the plans and specifications for Area 7, Project No. 004917; 2) Awarded a construction contract to Sully -Miller Contracting Company in the amount of $1,419,331; 3) Authorized Staff to utilize an additional 10% ($141,934) for project contingency for a total construction authorization of $1,561,265; and 4) Authorized the Mayor and City Clerk to execute the Construction Services Agreements; subject to approval as to form by the City Attorney. Consideration and possible action to rescind Resolution No. 2017-31, a Resolution of the City Council of the City of Rancho Palos Verdes regarding records retention in order to amend its language to reflect current practice and adopt a new revised Resolution. ADOPTED RESOLUTION NO. 2017-38, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING THE CITY DOCUMENT RETENTION SCHEDULES AND AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AS PROVIDED BY SECTION 34090 OF THE CALIFORNIA GOVERNMENT CODE, AND RESCINDING RESOLUTION NO. 2017-31. J. Consideration and possible action to award contracts for construction of the PVIC Sunset Room Acoustical Improvements Project. 1) Approved the construction plans and contract documents for the PVIC Sunset Room Acoustical Improvements Project; 2) Awarded a construction contract to Pacific Sound Control, Inc. in the amount of $88,043; 3) Authorized a 10% project contingency in the amount of $8,800; and 4) Authorized the Mayor and City Clerk to execute the Construction and Professional Services Agreements, subject to approval as to form by the City Attorney. K. Consideration and possible action to award a Professional Services Agreement to Daniel B. Stephens & Associates, Inc. to prepare a landslide mitigation feasibility study. City Council Minutes July 18, 2017 Page 6 of 12 This item was removed from the Consent Calendar for separate consideration. L. Consideration and possible action to enter into a Professional Services Agreement with Cotton, Shires and Associates, Inc. to provide geotechnical consulting services. Approved a two-year Professional Services Agreement with Cotton, Shires and Associates, Inc. to provide on-call geotechnical services until June 30, 2019, with an option for the City Manager to approve an extension of the Agreement for one additional year. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: E. Consideration and possible action to adopt a resolution authorizing examination of sales, use and transaction tax records; and award a contract for sales, use and transaction tax reporting and consulting to Hinderliter, de Llamas & Associates. City Clerk Colborn reported that there was one request to speak regarding this item. Mickey Rodich, expressed concern with the contract, particularly the possibility of personal information being released to the consultant, extra charges to be incurred with services, and the ability for Staff to order additional services if needed without prior approval of the City Council. Discussion ensued among Council Members and Staff and City Attorney Aleshire clarified the conditions of the contract. Councilman Misetich moved, seconded by Mayor Campbell, to defer the item to a future meeting where the consultant can be present to answer questions. The motion passed on the following roll call vote: AYES: Misetich, Duhovic and Mayor Campbell NOES: Brooks and Dyda ABSENT: None G. Consideration and possible action to authorize the City Clerk to file a Notice of Completion for the Portuguese Bend Landslide Dewatering Wells Project. City Clerk Colborn announced that there was two requests to speak regarding this item. Mickey Rodich, strongly recommended a master plan for the project and questioned how the project was planned and conducted. City Council Minutes July 18, 2017 Page 7 of 12 Andrea Vona, Palos Verdes Peninsula Land Conservancy clarified that the Land Conservancy is not a regulatory agency and therefore is not the permitting agency for the project. The Conservancy simply helps facilitate to ensure that the projects go through the proper minimization channels and urged to prioritize the completion of the project. Discussion ensued among Council Members and Staff. Councilman Misetich moved, seconded by Councilman Dyda, to 1) Accept the project as complete; 2) Authorize the City Clerk to file a Notice of Completion for the project with the Los Angeles County Recorder; 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) Authorize the Director of Public Works to release the 5% construction retention payment to Abundant Water Wells, Inc., a California corporation, 35 days after recordation of the Notice of Completion by the Los Angeles County Recorder, contingent upon no claims being filed on the project, and the contractor posting an acceptable warranty bond with the City. The motion passed on the following roll call vote: AYES: Brooks, Dyda, Misetich, Duhovic and Mayor Campbell NOES: None ABSENT: None K. Consideration and possible action to award a Professional Services Agreement to Daniel B. Stephens & Associates, Inc. to prepare a landslide mitigation feasibility study. City Clerk Colborn announced that there was two requests to speak regarding this item. Mickey Rodich, expressed concern with not hiring an experienced geologist familiar with worldwide landslides to prepare a study and suggested a master plan. Noel Park, expressed support for the agreement with Daniel B. Stephens & Associates, Inc. to prepare a landslide mitigation feasibility study and stated that certain line items need to be considered when conducting the study like efforts to keep the integrity of the preserve. Discussion ensued among Council Members and Staff. Councilwomen Brooks moved, seconded by Councilman Misetich, to 1) Authorize the award of a contract with Daniel B. Stephens & Associates, Inc. for Professional Services up to $123,200 to prepare a landslide mitigation feasibility study; and 2) Authorize the Mayor and City Clerk to execute the Professional Services agreement with Daniel B. Stephens & Associates, Inc., subject to approval as to form by the City Attorney. City Council Minutes July 18, 2017 Page 8 of 12 The motion passed on the following roll call vote: AYES: Brooks, Dyda, Misetich, Duhovic and Mayor Campbell NOES: None ABSENT: None Mayor Campbell called for a brief recess at 9:08 P.M. The meeting reconvened at 9:22 P.M. PUBLIC HEARINGS: None. REGULAR BUSINESS: 1. Consideration and possible action to approve the successor Memorandum of Understanding (MOU) between the City and the Rancho Palos Verdes Employee Association (RPVEA), and effect compensation and benefit changes for Management, Confidential and Part -Time employees. City Clerk Colborn announced that there were no requests to speak regarding this item. Councilwoman Brooks moved to waive the staff report on this item. Discussion ensued among Council Members and Staff. Councilwoman Brooks moved, seconded by Mayor Pro Tem Duhovic, to adopt RESOLUTION NO. 2017-39, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO PALOS VERDES AND THE RANCHO PALOS VERDES EMPLOYEE ASSOCIATION; and RESOLUTION NO. 2017-40, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING RESOLUTION NOS. 2011- 62 AND 2015-111 ADOPTING REVISIONS TO THE MANAGEMENT EMPLOYEE PERSONNEL RULES AND AMENDING RESOLUTION NO. 2009-088 TO ADOPT BENEFIT CHANGES FOR MANAGEMENT AND CONFIDENTIAL EMPLOYEES; and RESOLUTION NO. 2017-41, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, REVISING THE SALARY AND HOURLY SCHEDULE FOR THE COMPETITIVE, MANAGEMENT, CONFIDENTIAL AND PART-TIME CLASSIFICATIONS; AND RESCINDING AND REPLACING THE SALARY SCHEDULE IN RESOLUTION NO. 2017-024 The motion passed on the following roll call vote: City Council Minutes July 18, 2017 Page 9 of 12 AYES: Brooks, Dyda, Misetich, Duhovic and Mayor Campbell NOES: None ABSENT: None 2. Consideration and possible action to review City Council Subcommittee Goals for the Portuguese Bend Land Flow. City Clerk Colborn announced there were two requests to speak regarding this item. Mickey Rodich, stated that he attended most of the meetings which were informative and requested a second geologist to conduct a study for comparison. Noel Park, stated he also attended various meetings and was pleased with the consultants hired for the project. Mr. Park also expressed concern with keeping the integrity of the nature preserve. Finance Director Cullen presented a staff report and PowerPoint presentation. Discussion ensued among Council Members and Staff. Councilman Misetich moved, seconded by Councilwoman Brooks to receive and file the report. The motion passed on the following roll call vote: AYES: Brooks, Dyda, Misetich, Duhovic and Mayor Campbell NOES: None ABSENT: None 3. Consideration and possible action to review and approve Part 1 of the draft City Council Goals to update and replace the former 2014 City Council Goals. City Clerk Colborn announced that there were no requests to speak regarding this item. Discussion ensued among Council Members and Staff. Councilman Misetich moved, seconded by Mayor Pro Tem Duhovic, to defer the item to a future City Council meeting after September 16, 2017. The motion passed on the following roll call vote: AYES: Brooks, Dyda, Misetich, Duhovic and Mayor Campbell NOES: None City Council Minutes July 18, 2017 Page 10 of 12 ABSENT: None 4. Consideration and possible action to amend Chapter 12.04 (Highway Permits) of the City's Municipal Code to add haul route permit requirements. City Clerk Colborn announced that there were no requests to speak regarding this item. Nicole Jules, Deputy Director of Public Works presented a staff report and PowerPoint presentation. Discussion ensued among Council Members and Staff. Councilwoman Brooks moved, seconded by Councilman Dyda, to move forward with the process of amending Title 12 of the Rancho Palos Verdes Municipal Code establishing procedures and requirements for requiring haul route permits as amended to include: require weight tickets for the vehicles coming into the city and require documentation of tested material if destination is any parcel within the city or public right-of-way and/or traversing on city owned streets. The motion passed on the following roll call vote: AYES: Brooks, Dyda, Misetich, Duhovic and Mayor Campbell NOES: None ABSENT: None CONSENT CALENDAR ITEM(S) PULLED BY A COUNCILMEMBER: 0[m FUTURE AGENDA ITEMS: Mayor Campbell inquired on the timeline and process to review and approve the Natural Communities Conservation Planning (NCCP) report. Discussion ensued among Council Members and Staff. Director of Community Development Mihranian informed the Council that the report would be presented for their review 2-3 months before they consider approving it. After discussion, City Manager Wilmore recommended holding a special meeting where all parties can meet, comment, and openly have a discussion on the NCCP. Mayor Pro Tem Duhovic moved to extend the meeting to 10:18 P.M. CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. ADJOURNMENT: City Council Minutes July 18, 2017 Page 11 of 12 At 10:21 P.M., Mayor Campbell adjourned to 5:30 P.M. on August 1, 2017, for a Closed Session meeting and 7:00 P.M. for a Regular meeting. Attest: City Clerk Mayor City Council Minutes July 18, 2017 Page 12 of 12