CC AGD 20170718
AGENDA
RANCHO PALOS VERDES CITY COUNCIL MEETING
TUESDAY, JULY 18, 2017
FRED HESSE COMMUNITY PARK, MCTAGGART HALL
29301 HAWTHORNE BOULEVARD, RANCHO PALOS VERDES 90275
6:00 P.M. – CLOSED SESSION AND STUDY SESSION
7:00 P.M. – REGULAR MEETING
6:00 P.M. CLOSED SESSION
CALL TO ORDER:
Mayor Campbell
ROLL CALL:
Councilwoman Brooks
Councilman Dyda
Councilman Misetich
Mayor Pro Tem Duhovic
Mayor Campbell
PUBLIC COMMENTS:
This section is intended to provide members of the public with the opportunity to comment on listed Closed Session items or any
matter within the jurisdiction of the City Council. Each speaker will be given three (3) minutes to address the City Council and
permitted to speak only once. Those wishing to speak are asked to complete a REQUEST TO ADDRESS THE CITY COUNCIL
form located on the table across from the entrance and submit it to the City Clerk. You will be called at the appropriate time to make
your remarks.
CLOSED SESSION ITEMS ANNOUNCED:
Based on Government Code Section 54954.5. All Statutory References are to California Government Code Sections
POTENTIAL LITIGATION AGAINST THE CITY:
1.
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.
POTENTIAL LITIGATION AGAINST THE CITY:
2.
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
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
3.
GC 54957(b)
Title: City Manager
RECESS TO CLOSED SESSION (FIRESIDE ROOM):
ADJOURN TO STUDY SESSION (MCTAGGART HALL):
6:00 P.M. – STUDY SESSION
Immediately Following the Closed Session
The Study Session will commence immediately following the Closed Session. The primary purpose of the Study Session is to
provide an opportunity for the Council members to interact freely and informally, ask questions and discuss policy items that are
listed on the agenda for that specific Study Session. The City Council will also provide direction to Staff regarding upcoming agenda
items and tentative agendas, including prioritization of agenda items that are listed on the agenda for that specific study session. No
action shall be taken during any Study Session unless the agenda so provides.
PUBLIC COMMENTS FOR STUDY SESSION:
This section is intended to provide members of the public with the opportunity to comment on Study Session items only. Each
speaker will be given one (1) minute to address the City Council and permitted to speak only once. Those wishing to speak are
asked to complete a REQUEST TO ADDRESS THE CITY COUNCIL form located on the table across from the entrance and submit
it to the City Clerk. You will be called at the appropriate time to make your remarks.
DISCUSSION TOPICS FOR STUDY SESSION:
SS1. Review of Tentative Agendas and 2014 City Council Goals and Priorities
Recommendation:
Receive and file the Tentative Agendas and 2014 City
Council Goals and Priorities.
ADJOURN TO REGULAR MEETING
7:00 P.M. – REGULAR MEETING
CALL TO ORDER:
Mayor Campbell
ROLL CALL:
Councilwoman Brooks
Councilman Dyda
City Council Agenda
July 18, 2017
Page 2 of 8
Councilman Misetich
Mayor Pro Tem Duhovic
Mayor Campbell
PLEDGE OF ALLEGIANCE:
To be announced
CLOSED SESSION REPORT:
MAYOR’S ANNOUNCEMENTS:
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
APPROVAL OF AGENDA:
PUBLIC COMMENTS:
During Public Comments any person may address the Council, provided that the item is within the subject matter jurisdiction of the
Council and is not otherwise on the agenda. Each speaker will be given three (3) minutes to address the City Council and permitted
to speak only once. Those wishing to speak are asked to complete a REQUEST TO ADDRESS THE CITY COUNCIL form located
on the table across from the entrance and submit it to the City Clerk. You will be called at the appropriate time to make your
remarks.
CITY MANAGER REPORT:
CONSENT CALENDAR
:
Items listed under the Consent Calendar consists of routine items which, unless a request has been received from the public,
Council or staff to remove a particular item for discussion, are enacted by one motion of the City Council. Those wishing to speak on
any Consent Calendar item(s) will be given three (3) minutes to address the Mayor and Council and permitted to speak only once.
Those wishing to speak are asked to complete a REQUEST TO ADDRESS THE CITY COUNCIL form located on the table across
from the entrance and submit it to the City Clerk. You will be called at the appropriate time to make your remarks. Any member of
the Council may remove an item for discussion or clarification. Items removed from the Consent Calendar will be heard after the
Regular Business section of the agenda, unless otherwise directed by the City Council. If an item has been removed from the
Consent Calendar, and a member of the public has requested to speak to that item, the item shall be heard immediately after the
Consent Calendar. 15 minutes has been allotted for this section.
A. Motion to Waive Full Reading
Recommendation:
Adopt 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 (Cullen)
Recommendation:
1) ADOPT RESOLUTION NO. 2017-__, 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. (Checks dated 06/16/2017); and
2) ADOPT RESOLUTION NO. 2017-__, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ALLOWING CERTAIN
City Council Agenda
July 18, 2017
Page 3 of 8
CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE
SAME ARE TO BE PAID. (Checks dated 06/30/2017).
C. Consideration and possible action regarding a claim against the City by claimant,
David Leeper. (Colborn)
Recommendation:
Reject 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. (Kaufman)
Recommendation:
Adopt 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. (Cullen)
Recommendation:
1) ADOPT RESOLUTION NO. 2017-___, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
AUTHORIZING EXAMINATION OF SALES, USE AND TRANSACTIONS TAX
RECORDS; 2) Award a Professional Services Agreement to Hinderliter, de
Llamas & Associates (HdL) for reporting and consulting services related to sales,
use and transaction taxes in the amount of $200 per month and 15% of new
sales and use tax revenue, if any, received by the City as a result of HdL’s
services; and 3) Authorize the Mayor and City Clerk to execute the
Professional Services Agreement with HdL, subject to approval as to form by the
City Attorney.
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.
(Flannigan)
Recommendation:
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 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.
(Flannigan)
Recommendation:
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
City Council Agenda
July 18, 2017
Page 4 of 8
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.
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. (Chan)
Recommendation:
1) Approve the plans and specifications for Area 7, Project
No. 004917; 2) Award a construction contract to Sully-Miller Contracting
Company in the amount of $1,419,331; 3) Authorize Staff to utilize an additional
10% ($141,934) for project contingency for a total construction authorization of
$1,561,265; and 4) Authorize the Mayor and City Clerk to execute the
Construction Services Agreements; subject to approval as to form by the City
Attorney.
I. 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. (Cloke)
Recommendation:
ADOPT RESOLUTION NO. 2017-___, 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. (Flannigan)
Recommendation:
1) Approve the construction plans and contract documents
for the PVIC Sunset Room Acoustical Improvements Project; 2) Award a
construction contract to Pacific Sound Control, Inc. in the amount of $88,043; 3)
Authorize a 10% project contingency in the amount of $8,800; and 4) Authorize
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. (Jules)
Recommendation:
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 Agenda
July 18, 2017
Page 5 of 8
L. Consideration and possible action to enter into a Professional Services
Agreement with Cotton, Shires and Associates, Inc. to provide geotechnical
consulting services. (Christman)
Recommendation:
Approve 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:
This section is for item(s) that have been removed from the Consent Calendar, and a member of the public has requested to speak
to that item. Each speaker will be given three (3) minutes to address the City Council and permitted to speak only once.
PUBLIC HEARINGS:
This section is for hearings that have been noticed, published, and/or mailed to property owners as required by law. The Mayor will
provide an opportunity to members of the public to testify in support of or opposition to the matter being heard. Each speaker will be
given three (3) minutes to address the City Council and permitted to speak only once. Those wishing to speak are asked to
complete a REQUEST TO ADDRESS THE CITY COUNCIL form located on the table across from the entrance and submit it to the
City Clerk. You will be called at the appropriate time to make your remarks.
For appeal hearings, the appellant or their representative speaks first and will generally be allowed ten (10) minutes. If the applicant
is different from the appellant, the applicant or their representative will speak following the appellant and will also be allowed ten (10)
minutes to make a presentation. Normally, the applicants and appellants will be limited to a three (3) minute rebuttal (if requested).
None scheduled at this time.
REGULAR BUSINESS:
This section contains items of general business. Prior to the vote of an item, each speaker will be given three (3) minutes to address
the City Council. Those wishing to speak are asked to complete a REQUEST TO ADDRESS THE CITY COUNCIL form located on
the table across from the entrance and submit it to the City Clerk. You will be called at the appropriate time to make your remarks.
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. (Yap) (10 mins.)
Recommendation:
1)ADOPT RESOLUTION NO. 2017-__, 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; 2) ADOPT RESOLUTION NO.
2017-__, 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 3) ADOPT RESOLUTION NO. 2017-__, 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
City Council Agenda
July 18, 2017
Page 6 of 8
2. Consideration and possible action to review City Council Subcommittee Goals for
the Portuguese Bend Land Flow. (Cullen) (1 hour)
Recommendation:
Review the City Council Subcommittee Goals for the
Portuguese Bend Land Flow, and provide additional input as appropriate.
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 (Yap)
(30 mins.)
Recommendation:
Approve the draft City Council Goal 1: Ensuring a Safe and
Healthy Community.
4. Consideration and possible action to amend Chapter 12.04 (Highway Permits) of
the City’s Municipal Code to add haul route permit requirements. (Jules) (15
mins.)
Recommendation:
Review staff’s proposed language to amend Title 12 of the
Rancho Palos Verdes Municipal Code establishing procedures and requirements
for requiring haul route permits, and direct Staff to proceed with an Ordinance to
codify the recommended changes.
CONSENT CALENDAR ITEM(S) PULLED BY A COUNCILMEMBER:
This section is for item(s) that have been removed from the Consent Calendar by a member of Council for discussion or clarification.
FUTURE AGENDA ITEMS:
This section is designated for individual Council Members to request that an item be placed on a future City Council meeting
agenda. 5 minutes has been allotted for this section.
CITY COUNCIL ORAL REPORTS:
This section is designated for oral reports from Council Members, as elected officials of the City, to report action taken at
intergovernmental organizations, committee, or association meetings. Council Members are required to provide a brief oral report
on their attendance at any meetings where City funds have been expended. Detailed reports should be made in writing and will be
posted on the City’s website. 10 minutes has been allotted for this section.
ADJOURNMENT:
Adjourn to 6:00 P.M. on August 1, 2017 for a Closed Session meeting and 7:00 P.M. for
a Regular meeting.
City Council Agenda
July 18, 2017
Page 7 of 8
City Council Agendas and staff reports are available for public review within 72 hours of the meeting at City
Agendas and Staff
Hall, 30940 Hawthorne Boulevard during regular business hours, 7:30 A.M. to 5:30 P.M.
Reports:
Monday – Thursday and 7:30 A.M. to 4:30 P.M. on Friday; Hesse Community Park, 29301
Hawthorne Boulevard during regular business hours Monday – Friday from 9:00 A.M. until
dusk, Saturday and Sunday from 10:00 A.M. until dusk; and at the City’s website
www.rpvca.gov
Materials related to an item on an agenda submitted after distribution of the agenda packet
are available for public inspection at the front counter of the lobby of the City Hall
Administration Building at 30940 Hawthorne Boulevard, Rancho Palos Verdes during normal
business hours.
Public We highly encourage written materials regarding City Council Agenda items be submitted no
Correspondence:
later than 4:00 P.M. the Monday prior to a City Council meeting to allow the Council Members
ample time to review and consider the issues raised prior to making decisions at the Council
meeting. Please keep in mind that it is difficult for Council Members to carefully review
materials submitted after that deadline or at the meeting. Written materials, including emails,
submitted to the City are public records and may be posted on the City’s website. Accordingly,
you may wish to omit personal information from your written materials or oral presentation as it
may become part of the public record regarding an agendized item. In addition, City
meetings may be televised and may be accessed through the City's website.
Public Participants must speak from the podium using the lectern microphone; comments are to be
Participation:
directed to the City Council and not to the staff or the public; repetition should be avoided; and
reading a submission that has been copied or contained in the agenda will be discouraged.
Public Comments: The City Council may limit the public input on any item based on the number of people
requesting to speak, the length of the agenda, or the business of the Council.
Conduct at the The Mayor shall order removed from the Council Chambers any person(s) who commit the
Council Meeting:
following acts at a meeting of the City Council: Disorderly, contemptuous or insolent behavior
toward the Council or any member thereof, tending to interrupt the due and orderly course of
said meeting; a breach of the peace, boisterous conduct or violent disturbance, tending to
interrupt the due and orderly course of said meeting; disobedience of any lawful order of the
Mayor, which shall include an order to be seated or to refrain from addressing the Council
from the audience; any other unlawful interference with the due and orderly course of the
meeting.
Time Estimates: The time noted next to an agenda item is only an estimate of the amount of time that will be
spent during the meeting on that particular item. Accordingly, these estimates should not be
relied on in determining when a matter will be heard, especially since agenda items are often
re-ordered during a meeting and may be discussed at any time.
Continuation of The City Council will adjourn its meetings on or before 11:00 p.m. and will not consider new
Meeting:
business items after 10:15 p.m., unless the majority of the Council members who are present
affirmatively vote either to extend the meeting after 11:00 p.m. or to consider new business
after 10:15 p.m. If the meeting ends before all of the items listed on the agenda are
completed, any unfinished business will be continued to the next succeeding day that is not a
holiday, at a location to be determined.
American with In compliance with the Americans with Disabilities Act, if you require a disability-related
Disabilities Act:
modification or accommodation to attend or participate in this meeting, including auxiliary aids
or services, please call the City Clerk’s Office at 310 544-5208 at least 48 hours prior to the
meeting.
City Council Agenda
July 18, 2017
Page 8 of 8
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CITY OF RANCHO HALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF RANCHO PALOS VERDES)
AFFIDAVIT OF AGENDA POSTING
I, Emily Colborn, declare as follows:
That I am the City Clerk of the City of Rancho Palos Verdes; that I hereby
affirm that a copy of the agenda for the Regular Meeting of the City Council for
July 18, 2017 was conspicuously posted on the City Hall Bulletin Board, located at
30940 Hawthorne Boulevard, Rancho Palos Verdes California, at the time and
date indicated below.
Time: 7:D S P Al. 1111
Dated: July 12, 2017
411111S1,Clerk
W:\01 City Clerk\2017 CITY COUNCIL AGENDAS\Affidavits of Posting\20170718 Affidavit of Posting Reg Agendas CC.doc
30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 90275-5391 /(310)377-0360/Fax(310)544-5291
www.palosverdes.com/rpv