CC DM 20160301 B - 20160202 CC MINS DRAFTDRAFT
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
FEBRUARY 2, 2016
The meeting was called to order at 6:07 P.M. by Mayor Dyda at Fred Hesse Community
Park, 29301 Hawthorne Boulevard, notice having been given with affidavit thereto on
file, to conduct interviews of applicants for the City Advisory Boards. The meeting
reconvened at 7:08 P.M.
City Council roll call was answered as follows:
PRESENT: Brooks, Campbell, Duhovic, Misetich, and Mayor Dyda
ABSENT: None
Also present were Doug Willmore, City Manager; Gabriella Yap, Deputy City Manager;
David Aleshire, City Attorney; Michael Throne, Director of Public Works; Cory Linder,
Director of Recreation and Parks; Deborah Cullen, Director of Finance; Terry Rodrigue,
Interim Community Development Director; Ara Mihranian, Deputy Community
Development Director; Ron Dragoo, Principal Engineer; Allan Kaufman, Senior
Administrative Analyst; Sean Robinson, Human Resources Manager; Teresa Takaoka,
Deputy City Clerk; and, Carla Morreale, City Clerk.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Deputy City Manager Yap.
MAYOR'S ANNOUNCEMENTS:
Mayor Dyda announced that long-time resident Robert (Bob) Douglas recently passed
away and noted that the meeting would be adjourned in his memory.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
Mayor Dyda announced Recyclers of the Month from the January 19, 2016 City Council
meeting: Rod Uyeda and Ginger Clark. He indicated that all winners receive a check
for $250 representing a year of free refuse service and urged everyone to participate in
the City's Recycling Program. He noted that in addition to winning the Recycler
Drawing, the two individuals had also won a Personal Emergency Preparedness Kit
from the City at a value of $60.00.
APPROVAL OF THE AGENDA:
Councilman Misetich moved, seconded by Councilman Duhovic, to approve the
agenda, as presented.
Draft City Council Minutes
February 2, 2016
Page 1 of 9
Without objection, Mayor Dyda so ordered.
PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda)
Noel Weiss, provided comments regarding a possible mediation process related to the
Green Hills Memorial Park Pacific Terrace Mausoleum issue.
The following members of the public provided comments regarding the Green Hills
Memorial Park Pacific Terrace Mausoleum issue: Bernadette Sabath, Rancho Palos
Verdes; Matt Martin; Sharon Loveys, Vista Verde Owners Association (VVOA); and,
April Sandell, Rancho Palos Verdes.
CITY MANAGER REPORT:
City Manager Willmore introduced and welcomed Terry Rodrigue, as the new Interim
Community Development Director while the recruitment for a permanent Community
Development Director is underway. City Manager Willmore made the following
announcements: 1) The next Quarterly Newsletter would be prepared and mailed out
shortly and invited input from the public regarding topics of interest to be placed in
future newsletters; and, 2) Information regarding upcoming City meetings will be placed
on the Calendar on the City's website.
CONSENT CALENDAR:
City Clerk Morreale reported that there was one request to speak regarding Item E
(Border Issues Status Report).
Councilwoman Brooks requested that Item H (Consider Award of a Construction
Contract for the Hawthorne Boulevard Right -of -Way Beautification Project) be removed
from the Consent Calendar for separate consideration.
Councilman Campbell requested that Item C (Register of Demands) be removed from
the Consent Calendar for separate consideration.
Councilman Duhovic moved, seconded by Councilwoman Brooks, to approve the
Consent Calendar, with Item E (Border Issues Status Report) removed from the
Consent Calendar and to be heard immediately after the Consent Calendar; and Item C
(Register of Demands) and Item H (Consider Award of a Construction Contract for the
Hawthorne Boulevard Right -of -Way Beautification Project) removed from the Consent
Calendar and to be heard after Regular Business.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Misetich, and Mayor Dyda
NOES: None
Draft City Council Minutes
February 2, 2016
Page 2 of 9
ABSENT: None
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.
Approval of Minutes
Approved the Minutes of the December 15, 2015 Regular Meeting; January 5, 2016
Adjourned Regular Meeting (Interviews); and, January 19, 2016 Adjourned Regular
Meeting (Interviews).
Register of Demands
This item was removed from the Consent Calendar for separate consideration.
Consider Update of the State's California Office of Emergency Services (Cal OES)
"Designation of Applicant's Agent" Resolution
ADOPTED RESOLUTION NO. 2016-04, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RANCHO PALOS VERDES, THEREBY UPDATING THE STATE'S
CALIFORNIA EMERGENCY MANAGEMENT SERVICES (CAL OES) "DESIGNATION
OF APPLICANT'S AGENT" RESOLUTION, PURSUANT TO THE ROBERT T.
STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT OF 1988.
Border Issues Status Report (Fox)
This item was removed from the Consent Calendar for separate consideration.
Palos Verdes Nature Preserve - Palos Verdes Peninsula Land Conservancy 2014
Annual Report (Supports 2014 City Council Goal — Trail System Enhancement)
Received and filed the 2014 Annual Report submitted by the Palos Verdes Peninsula
Land Conservancy regarding its management activities for the Palos Verdes Nature
Preserve.
December 2015 Monthly Report of Cash Balances
Received and filed the December 2015 Monthly Report of Cash Balances for the City of
Rancho Palos Verdes.
Consider Award of a Construction Contract for the Hawthorne Boulevard Right -
of -Way Beautification Project
Draft City Council Minutes
February 2, 2016
Page 3 of 9
This item was removed from the Consent Calendar for separate consideration.
Adoption of Ordinance No. 577 Amending Chapter 15.20 (Moratorium on Land
Use Permits) of the Rancho Palos Verdes Municipal Code to Establish an
Exception Category (`T') to Allow Residential Development within Zone 1 of the
Landslide Moratorium Area
ADOPTED ORDINANCE NO. 577, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, ADOPTING AMENDMENTS TO THE LANDSLIDE MORATORIUM
ORDINANCE (CHAPTER 15.20 OF THE RANCHO PALOS VERDES MUNICIPAL
CODE) TO ESTABLISH AN EXCEPTION CATEGORY (`T') TO ALLOW RESIDENTIAL
DEVELOPMENT WITHIN ZONE 1 OF THE LANDSLIDE MORATORIUM AREA.
ITEM(S) REMOVED FROM THE CONSENT CALENDAR:
Border Issues Status Report
City Clerk Morreale reported that there were two requests to speak regarding this item.
Noel Weiss, provided comments regarding his continuing concerns regarding safety
issues at the Rancho LPG Tank Facility in the City of Los Angeles.
April Sandell, Rancho Palos Verdes, provided comments regarding her concerns of
safety issues pertaining to the Rancho LPG Tank Facility in the City of Los Angeles.
Councilman Duhovic moved, seconded by Councilwoman Brooks, to receive and file
the current report on the status of Border Issues.
The motion passed on the following roll call vote:
AYES:
Brooks, Campbell, Duhovic, Misetich, and Mayor Dyda
NOES:
None
ABSENT:
None
Consider Award of a Construction Contract for the Hawthorne Boulevard Right -
of -Way Beautification Project
City Clerk Morreale reported that there was one request to speak regarding this item.
Noel Weiss, provided comments regarding the indemnity provision contained in
construction contract for the Hawthorne Boulevard Right -of -Way Beautification Project
and referenced the Indemnity Agreement between the City and Green Hills Memorial
Park.
Draft City Council Minutes
February 2, 2016
Page 4 of 9
Discussion ensued among Council Members and City Attorney Aleshire.
Mayor Dyda moved, seconded by Councilman Campbell, to strike the last sentence in
paragraph 2 under Section 7 Payments that states "However, at any time after fifty
percent (50%) of the work has been completed, if the City Council of the City finds that
satisfactory progress is being made, it may, at its discretion, make any of the remaining
progress payments in full for actual work completed."
Councilman Duhovic moved a substitute motion, seconded by Councilman Misetich, to
direct staff to eliminate the above-mentioned provisional phrase from future contracts
and to: 1) Approve the design of the Hawthorne Boulevard Right -of- Way Beautification
project; 2) Award a construction contract to STL Landscape, Inc. in the amount of
$140,000 for planting, watering and care of eighty (80) trees in the median along
Hawthorne Boulevard and authorize Staff to use up to an additional $10,000 (about 7%)
for a project contingency; and, 3) Authorize the Mayor and City Clerk to execute the
agreement pending City Attorney's approval of the agreement as to form.
City Manager Willmore reported that staff would not return to Council to seek the
elimination of the retention on this contract.
The motion passed on the following roll call vote:
AYES:
Brooks, Campbell, Duhovic, Misetich, and Mayor Dyda
NOES:
None
ABSENT:
None
PUBLIC HEARINGS:
Consideration and Possible Action to Renew the Storm Drain User Fee (Supports
2014 City Council Goal, Public Infrastructure)
City Clerk Morreale reported that notice of the public hearing was duly published, written
protests included in the staff report and late correspondence distributed prior to the
meeting, noting that there were 30 protest letters received, and there were three
requests to speak regarding this item.
Mayor Dyda declared the public hearing open.
Director of Finance Cullen provided a staff report and PowerPoint presentation
regarding the financial state of the City, including an overview of fund balances and
revenue sources of the City.
Discussion ensued among Council Members and staff.
Director of Public Works Throne provided a report and PowerPoint presentation
regarding Storm Drain User Fee projects performed over the last ten years, including
Draft City Council Minutes
February 2, 2016
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storm drain pipe replacements and repairs, replacement of storm drains, resolution of
flooding at McCarrell Canyon, protection of Palos Verdes Drive East with the San
Ramon Canyon Drainage Project, Master Plan of Drainage, and annual maintenance of
storm drains. He reported on future storm drain projects to be undertaken and water
quality issues to be addressed as part of the Water Quality Flood Protection Program.
RECESS AND RECONVENE:
Mayor Dyda called a brief recess from 8:26 P.M. to 8:37 P.M.
City Clerk Morreale reported that a majority protest had not been received regarding the
renewal of the storm drain user fee.
Tom Long, Rancho Palos Verdes, provided comments regarding the need for the
continuance of the storm drain user fee, opining it is an important revenue source for
the City to manage and maintain storm drain projects.
Councilman Campbell joined the dais at 8:40 P.M.
Heath Wood, Rancho Palos Verdes, provided comments opposed to the continuation of
the storm drain user fee, noting that the project was a ten-year project and the storm
drains have been improved. He stated that he hoped the residents would be able to
vote on the issue.
Mrs. Colton, Rancho Palos Verdes, stated that there were not many residents present
and opined that she would like residents to be able to vote on this matter as a ballot
issue.
Lowell Wedemeyer, Rancho Palos Verdes, speaking as a member of the public,
provided comments regarding the need for a continuance of the storm drain user fee,
and encouraged the Council to allow the voters to decide this matter.
April Sandell, Rancho Palos Verdes, provided comments regarding the storm drain user
fee and opined that the residents should all have a vote regarding this issue, with
informational workshops provided in advance of consideration of the matter.
Discussion ensued among Council Members and staff.
After public testimony was received related to the proposed extension for 10 years for
the Storm Drain User Fee the following motion was made: Councilman Misetich moved,
seconded by Councilman Duhovic, to direct staff to return within 60 days to clarify the
purpose and uses of the Storm Drain User Fee with an Ad Hoc Council Subcommittee,
consisting of Councilman Misetich and Mayor Dyda, to work with staff and report back
to Council.
Draft City Council Minutes
February 2, 2016
Page 6 of 9
Councilman Duhovic offered an amendment to add to the motion the definition of
"users." The maker of the motion accepted the amendment.
Mayor Dyda declared the public hearing closed.
A reiteration of the amended motion is the following: Councilman Misetich moved,
seconded by Councilman Duhovic, to direct staff to return within 60 days to clarify the
purpose and uses of the Storm Drain User Fee and include a definition of "users" with
an Ad Hoc Council Subcommittee, consisting of Councilman Misetich and Mayor Dyda,
to work with staff and report back to Council.
The motion passed on the following roll call vote:
AYES:
Brooks, Campbell, Duhovic, Misetich, and Mayor Dyda
NOES:
None
ABSENT:
None
RECESS AND RECONVENE:
Mayor Dyda called a brief recess from 10:01 P.M. to 10:11 P.M.
Councilman Duhovic moved, seconded by Councilwoman Brooks, to continue the
meeting until 10:45 P.M.
Councilman Misetich offered an amendment to continue the meeting until 11:00 P.M.
The maker and seconder of the motion accepted the amendment.
Without objection, Mayor Dyda so ordered.
0 *C111w_1:a --1lJW*1I Ll 14:13
Consider Award of Construction and Construction Management Contracts for the
Installation of Dewatering Wells in the Portuguese Bend Landslide (Supports
2014 City Council Goal, Infrastructure)
Principal Engineer Dragoo provided a staff report and PowerPoint presentation
regarding this item.
Discussion ensued among Council Members and staff.
Mayor Pro Tem Campbell moved, seconded by Councilwoman Brooks, to call the
question.
The motion passed on the following roll call vote:
Draft City Council Minutes
February 2, 2016
Page 7 of 9
AYES:
Brooks, Campbell, Duhovic, and Mayor Dyda
NOES:
Misetich
ABSENT:
None
Councilwoman Brooks moved, seconded by Councilman Misetich, to: 1) Approve the
design of the Portuguese Bend Landslide Dewatering Wells Project; 2) Award a
Construction Contract to Abundant Water Wells in the amount of $699,678 for the
installation of up to 9 dewatering wells and authorize a construction contingency in the
amount of $77,677 (approximately 11 %); 3) Award a Professional Services Contract to
Sunbeam Consulting in the amount of $32,645 to provide construction management
oversight and inspection services; and, 4) Authorize the Mayor and City Clerk to
execute the agreements subject to approval as to form by the City Attorney.
The motion passed on the following roll call vote:
AYES:
Brooks, Campbell, Duhovic, Misetich, and Mayor Dyda
NOES:
None
ABSENT:
None
Consider Creation of an Ad Hoc City Council Subcommittee to Review Requests
for Proposals, Contracts and Processes Associated with Each
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding this item.
Discussion ensued among Council Members and staff.
Councilwoman Brooks moved, seconded by Councilman Duhovic, to: Create an Ad Hoc
City Council Subcommittee, comprised of Mayor Dyda and Councilman Duhovic, to
work in conjunction with Staff and the City Attorney regarding the review of Requests for
Proposals (RFPs), contracts, and the processes associated with each.
The motion passed on the following roll call vote:
AYES:
Brooks, Campbell, Duhovic, Misetich, and Mayor Dyda
NOES:
None
ABSENT:
None
ITEM REMOVED FROM THE CONSENT CALENDAR (Continued):
Register of Demands
City Clerk Morreale reported that Councilman Campbell requested this item be removed
from the Consent Calendar for separate consideration.
Councilman Campbell requested clarification regarding several charges on the Register
of Demands, for which Staff provided responses, or noted they would research the
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February 2, 2016
Page 8 of 9
matter and provide a response to the Council. Mayor Dyda reported on inquiries he had
regarding several Register of Demands entries for which he had received satisfactory
responses.
Councilman Duhovic moved, seconded by Councilman Misetich, to: ADOPT
RESOLUTION NO. 2016-05, 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.
The motion passed on the following roll call vote:
AYES:
Brooks, Campbell, Duhovic, Misetich, and Mayor Dyda
NOES:
None
ABSENT:
None
FUTURE AGENDA ITEMS:
The following items were raised by Council Members as future agenda items:
Review of Travel Policies & Expense Reimbursement; Travel to Conferences on City
Business with the City Manager to Report to Council after the Event (Campbell)
Council Involvement in an Advise and Consent Role regarding the Hiring of Senior
Management Staff (Campbell)
Council's Use of the City Email Server (Brooks)
Council's Use of Cell Phones Dedicated for City Business (Campbell)
CITY COUNCIL ORAL REPORTS:
Each Council Member reported on his/her attendance at various organization and
association meetings since the last City Council Oral Reports were provided on January
5, 2016. Councilman Misetich reported that he would submit his report in writing.
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At 10:56 P.M., Mayor Dyda adjourned the meeting in the memory of Robert Douglas.
Attest:
City Clerk
Mayor
WACity Council Minutes\2016\20160202 CC MINS DRAFT.docx
Draft City Council Minutes
February 2, 2016
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