CC MINS 20170801 ADJ MINUTES
RANCHO PALOS VERDES CITY COUNCIL
ADJOURNED REGULAR MEETING
AUGUST 1, 2017
CALL TO ORDER:
An adjourned regular meeting of the Rancho Palos Verdes City Council for the purpose
of a Closed Session was called to order by Mayor Campbell at 5:34 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, Duhovic, and Mayor Campbell
ABSENT: *Misetich (Excused)
Also present were Doug Willmore, City Manager; Dave Aleshire, City Attorney; Gabriella
Yap, Deputy City Manager; Teresa Takaoka, Deputy City Clerk; and Emily Colborn, 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.
1. 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.
2. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION
GC §54956.9(d)(1)
A closed session will be held to confer with legal counsel regarding pending litigation
to which the City is a party. The title of such litigation is as follows: Michael Fantore
vs. City of Rancho Palos Verdes; Case No. 17IWSC04538; Los Angeles Superior
Court.
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
GC 54957(b)
Title: City Manager
RECESS TO CLOSED SESSION (FIRESIDE ROOM):
At 5:36 P.M., the Council recessed to Closed Session.
*Councilmember Misetich arrived at 5:57 P.M.
ADJOURN TO SPECIAL MEETING (FIRESIDE HALL):
At 6:05 P.M., the Council adjourned the closed session for a special meeting to conduct
interviews for the Civic Center Advisory Committee.
REGULAR MEETING
CALL TO ORDER:
A Regular meeting of the Rancho Palos Verdes City Council was called to order by
Mayor Campbell at 7:33 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, Misetich, Duhovic, and Mayor Campbell
ABSENT: None
Also present were Doug Willmore, City Manager; Gabriella Yap, Deputy City Manager;
Dave Aleshire, City Attorney; Terry Rodrigue, Interim Director of Public Works; Nicole
Jules, Deputy Director of Public Works; Michael Gibson, Senior Administrative Analyst;
Nadia Carrasco, Assistant Engineer; Daniel Trautner, Deputy Director of Recreation and
Parks; Matt Waters, Senior Administrative Analyst; Deborah Cullen, Director of Finance;
Ara Mihranian, Director of Community Development; So Kim, Deputy Director of
Community Development; Paul Christman, Building Official; Dan Landon, Information
Technology Manager; Teresa Takaoka, Deputy City Clerk and Emily Colborn, City
Clerk.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Herb Stark.
City Council Minutes
Adjourned Regular Meeting
August 1, 2017
Page 2 of 10
CLOSED SESSION REPORT:
City Attorney Aleshire reported that with regards to the Public Employee Performance
Evaluation for the City Manager, the matter was discussed with no reportable action
taken.
MAYOR'S ANNOUNCEMENTS:
Mayor Campbell announced that the presentation by the U.S. Secret Service regarding
Government Agency Workplace Safety scheduled for tonight's meeting has been
canceled.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
Mayor Campbell announced Recyclers of the Month from the July 18, 2017, City
Council meeting: Judy Bradford and Dr. Richard Mahoney. 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 at a value of$60.00.
APPROVAL OF THE AGENDA:
Councilwoman Brooks moved, seconded by Councilman Misetich, to approve the
agenda as presented with Item 2 being omitted.
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 was one request to speak.
Matthew Vitalich, announced his candidacy for City Council.
CITY MANAGER REPORT:
City Manager Willmore announced the following: the City's website reached a record
number of page views — 25,801 views total; Miraleste Drive Rehabilitation Project
update; and work efforts to restore the trails in Lower Portuguese Bend Reserve.
CONSENT CALENDAR:
City Clerk Colborn reported that late correspondence was distributed prior to the
meeting regarding Items J and K and there were no requests to speak.
City Council Minutes
Adjourned Regular Meeting
August 1, 2017
Page 3 of 10
Councilwoman Brooks moved, seconded by Mayor Pro Tem Duhovic, to approve the
Consent Calendar with Item J removed and to be heard after Regular Business.
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. Approval of Minutes
Approved the Minutes of the June 6, 2017, Regular Meeting and the July 5, 2017,
Adjourned Regular Meeting.
C. Register of Demands
Adopted Resolution No. 2017-42, 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 to initiate proceedings to order the
preparation of and approve the Engineer's Report and set a public hearing to
consider setting the annual levy and assessments of the existing Citywide
Landscaping and Lighting Maintenance District (LLMD) at zero
Adopted Resolution No. 2017-43, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES, INITIATING PROCEEDINGS FOR THE LEVY
AND COLLECTION OF ASSESSMENTS WITHIN THE EXISTING CITYWIDE
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT (LLMD) FOR FY17-18
AND ORDERING PREPARATION OF AN ENGINEER'S REPORT PURSUANT TO
THE LANDSCAPING AND LIGHTING ACT OF 1972, PART 2 OF DIVISION 15 OF
THE CALIFORNIA STREETS AND HIGHWAYS CODE;
Adopted Resolution No. 2017-44, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES, APPROVING THE ENGINEER'S REPORT IN
CONNECTION WITH THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN
THE EXISTING CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE
DISTRICT (LLMD) FOR FY17-18; and,
Adopted Resolution No. 2017-45, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES, DECLARING THE CITY COUNCIL'S
INTENTION TO SET THE LEVY AT ZERO WITHIN THE EXISTING CITYWIDE
City Council Minutes
Adjourned Regular Meeting
August 1, 2017
Page 4 of 10
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT (LLMD) FOR FY17-18
PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, PART 2 OF
DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE, AND
APPOINTING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO.
E. Consideration and possible action regarding a claim against the City by
Tamara Lynne Ramsey
Rejected the claim and directed Staff to notify the claimant.
F. Consideration and possible action to receive and file the Information
Technology Strategic Plan
Received and filed the Information Technology Strategic Plan.
G. Consideration and possible action regarding the June 2017 Cash
Balances/Monthly Treasurer's Report
Received and filed the June 2017 Cash Balances/Monthly Treasurer's Report.
H. Consideration and possible action to authorize the City Clerk to file a Notice of
Completion for the Abalone Cove Sewer Manhole Rehabilitation Project FY16-
17
1) Accepted the work as complete; 2) Authorized the City Clerk to file a Notice of
Completion with the Los Angeles County Registrar-Recorder's Office and, if no claims
are filed within 35 days after recordation, and upon the contractor posting an acceptable
warranty bond, notice the surety company to exonerate the Performance Bond; and, 3)
Authorized the Director of Public Works to release the 5% retention payment in the
amount of$9,945 to Ayala Engineering, 35 days after recordation of the Notice of
Completion, contingent upon no claims being filed on the project and the contractor
posting an acceptable warranty bond.
I. Consideration and possible action to execute an agreement with Interwest
Consulting Group, Inc. to extend Interim Public Works Director Services
Approved execution of a new agreement with Interwest Consulting Group, Inc. to extend
Interim Public Works Services in an amount not-to-exceed $50,000, to be used on an
as-needed basis.
J. Consideration and possible action to enter into a Professional Services
Agreement with Interwest Consulting Group to provide Building & Safety
consulting services
This item was removed from the Consent Calendar for separate consideration.
City Council Minutes
Adjourned Regular Meeting
August 1, 2017
Page 5 of 10
K. Consideration and possible action to execute an agreement with Peckham &
McKenney, Inc. for recruitment services
Approved execution of an agreement with Peckham & McKenney, Inc. in the amount of
$51,000 for recruitment services for two Senior Engineers and one Senior Planner.
CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT:
None.
PUBLIC HEARINGS:
1. Consideration and possible action to introduce an ordinance amending
Rancho Palos Verdes Municipal Code Sections 15.20.040 (Exceptions),
15.20.050 (Landslide Mitigation Measures Required) and 15.20.060
(Application) to establish Landslide Moratorium Exception Category U for
residential development on 48 Cinnamon Lane (Case No. ZON2017-00157)
City Clerk Colborn reported that notice of the public hearing was duly published, there
were no written protests received, late correspondence was received and distributed
before the meeting and there were two requests to speak on this item.
Deputy Director of Community Development Kim presented a brief staff report.
Mayor Campbell declared the public hearing open; the following people spoke:
Cassie Jones, expressed her concerns with the adoption of the new Exception Category
U. Additionally, Ms. Jones echoed statements she submitted in an email that was
included as Late Correspondence.
Bob Nelson, Planning Commissioner informed the Council that the Commission took
under consideration all the elements involving the matter and voted in favor of the
applicant.
Mayor Campbell declared the public hearing closed.
Discussion ensued among Council Members and Staff. City Attorney Aleshire advised
the Council that the applicant is required to give up development rights to one of the two
lots owned. Ordinance No. 597 further explains the conditions set forth in the Settlement
Agreement reserving the right to the property owner to develop the lot.
Councilman Misetich moved, seconded by Councilwoman Brooks, to introduce
Ordinance No. 597, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING SECTIONS 15.20.040, 15.20.050 AND 15.20.060 OF THE RANCHO
PALOS VERDES MUNICIPAL CODE TO ESTABLISH LANDSLIDE MORATORIUM
EXCEPTION CATEGORY "U" TO ALLOW RESIDENTIAL DEVELOPMENT ON 48
City Council Minutes
Adjourned Regular Meeting
August 1, 2017
Page 6 of 10
CINNAMON LANE TO PERMIT IMPLEMENTATION OF THE TERMS OF A CERTAIN
SETTLEMENT AGREEMENT (CASE NO. ZON2017-00157).
The motion passed on the following roll call vote:
AYES: Brooks, Dyda, Misetich, Duhovic and Mayor Campbell
NOES: None
ABSENT: None
REGULAR BUSINESS:
2. Presentation by the U.S. Secret Service Regarding Government Agency
Workplace Safety
This item was canceled.
3. 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 late correspondence was received and distributed
before the meeting and that there were no requests to speak regarding this item.
Finance Director Cullen presented a staff report and introduced Lloyd de Llamas,
Executive Chairman for HdL.
Discussion ensued among Council Members and Staff.
Councilman Misetich moved, seconded by Councilwoman Brooks, to amend the
agreement as discussed and bring back for consideration: Exhibit A, Section B,
Subparagraph (i), remove Field Surveys section; Exhibit B, Section 1.8, remove the
sentence: "Any increase in compensation of up to ten percent (10%) of the Contract
Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred
eighty (180) days, may be approved by the Contract Officer."; and, remove the word
"greater" from the section so that any increase, irrespective of dollar amount, must be
approved by the City Council.
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 9:09 P.M. The meeting reconvened at 9:25
P.M.
City Council Minutes
Adjourned Regular Meeting
August 1, 2017
Page 7 of 10
4. Consideration and possible action to review and approve the Ladera Linda
Park Master Plan
City Clerk Colborn reported that late correspondence was received and distributed
before the meeting and there were ten requests to speak regarding this item.
Senior Administrative Analyst Waters presented a staff report and PowerPoint
presentation.
Gene Dewey, spoke in favor of the design presented and cautioned the Council that
potential parking issues, view issues, and security issues may need to be addressed as
the project progresses.
Herb Stark, commended Staff and the Design Consultant for their work on the proposed
design. Mr. Stark expressed concerns with the size of the building design being too
large and recommended that the Discovery Museum be eliminated from the design
since the use is very minimal. In addition, Mr. Stark urged the Council and Staff to
address issues with traffic, security, and crime before the RFP is issued.
Susan Wilcox, suggested two small rooms for a day care and senior center stating that
the two amenities would benefit the community without being too disruptive. Ms. Wilcox
also thanked the City Council for their wiliness to compromise with the residence on the
Master Plan design.
Tom Smith, echoed comments submitted by Mr. Mickey Rodich (which were included as
Late Correspondence). Mr. Smith expressed concern with recent home burglaries in the
Ladera Linda area. He also asked if a parking and traffic study would be conducted as
part of the Master Plan process. Mr. Smith requested the lower field at Ladera Linda be
watered.
Jim Hevener, Mediterranea HOA Boardmember spoke in support of the design
presented and requested that additional amenities be added to other locations in the
community since it was not possible to add them to the Ladera Linda site.
Jessica Vlaco, spoke in opposition of the design presented and stated the design as
presented could potentially impact her negatively since she lives directly across the
street from the site.
Carolyn Petru, commended Staff and the Council for their work on the project and
spoke regarding the need for a community park with amenities.
Amanda Wong, informed the City Council that she lives across the street from the park
and that her home was recently burglarized. Ms. Wong spoke in opposition of the
design presented and spoke regarding the concerns she had with the current design.
City Council Minutes
Adjourned Regular Meeting
August 1, 2017
Page 8 of 10
Mayor Pro Tern Duhovic moved to extend the meeting to 11:00 P.M.
Sandra Valeri, spoke in support of the design presented; however, expressed concern
with amount of parking spaces available and suggested that a traffic and crime study be
conducted as part of the Master Plan.
Discussion ensued among Council Members and Staff.
Councilwoman Brooks moved, seconded by Mayor Pro Tern Duhovic, to direct Staff to
return with an expanded consultant scope to consider traffic, parking, usage,
crime/security issues, and to perform additional public outreach.
The motion passed on the following roll call vote:
AYES: Brooks, Dyda, Misetich, Duhovic and Mayor Campbell
NOES: None
ABSENT: None
Mayor Pro Tern Duhovic moved to extend the meeting to 11:30 P.M.
Mayor Pro Tern Duhovic moved, seconded by Mayor Campbell, to continue Item No. 5
and Item J to the August 15, 2017 City Council meeting.
The motion passed on the following roll call vote:
AYES: Brooks, Dyda, Misetich, Duhovic and Mayor Campbell
NOES: None
ABSENT: None
5. Consideration and possible action to appoint a Council Member as the second
Voting Delegate-Alternate for the League of California Cities Annual Business
Meeting to be held on Friday, September 15, 2017
This item was moved to the August 15, 2017, City Council meeting.
CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER:
J. Consideration and possible action to enter into a Professional Services
Agreement with Interwest Consulting Group to provide Building & Safety
consulting services.
This item was moved to the August 15, 2017, City Council meeting.
FUTURE AGENDA ITEMS:
City Council Minutes
Adjourned Regular Meeting
August 1, 2017
Page 9 of 10
Councilman Misetich requested the following as future agenda items: City Attorney to
present Council, during a Closed Session, legal options including legal action to the
Superior Court on SB-649 Wireless Telecommunications Facilities and Accessory
Dwelling Units (ADU) requirements.
Mayor Pro Tem Duhovic requested the following as future agenda items: Staff to verify
that the cell towers being installed in the city on the border of Palos Verdes Estates are
for the intention of servicing Rancho Palos Verdes residents and not being used to
service neighboring cities; set a start date for CUP cost recovery efforts; inquired about
the regulations for demonstrators at Trump National Golf Course at the southeast
corner of the property; questioned enforcement and if a conditional use permit needed;
requested that a Sheriff's representative be in attendance at all Council meetings.
Councilwoman Brooks requested the following as future agenda items: City Attorney
memo addressing rules on Conflict of Interest and recusals on agenda items.
CITY COUNCIL ORAL REPORTS:
Each Council Member present reported on his/her attendance at various organization
and association meetings.
ADJOURNMENT:
At 11:50 P.M., Mayor Campbell adjourned the meeting.
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City Council Minutes
Adjourned Regular Meeting
August 1, 2017
Page 10 of 10