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