CC DM 20171108 B - 20171017 CC MINS DRAFTDRAFT
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
October 17, 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 Pro Tem Duhovic at 6:08 P.M.
at Fred Hesse Community Park, McTaggart Hall.
City Council roll call was answered as follows:
PRESENT: Brooks, Dyda, Misetich, Duhovic
ABSENT: *Mayor Campbell (excused)
Also present were Doug Willmore, City Manager; Dave Aleshire, City Attorney; Gabriella
Yap, Deputy City Manager; and Emily Colborn, City Clerk.
*Mayor Campbell arrived shortly after 6:15 PM.
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.
Councilwoman Brooks moved, seconded by Councilman Dyda, to add an urgency
Closed Session item regarding a potential threat of litigation.
The motion passed on the following roll call vote:
AYES: Brooks, Dyda, Misetich, Duhovic
NOES: None
ABSENT: Mayor Campbell
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; 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.
RECESS TO CLOSED SESSION (FIRESIDE ROOM):
At 6:10 P.M., the Council recessed to Closed Session.
ADJOURN TO SPECIAL MEETING — INTERVIEWS
At 7:10 P.M., the Council recessed to a Special meeting to conduct Civic Center
Advisory Committee interviews.
RECONVENE TO STUDY SESSION (MCTAGGART HALL):
At 7:47 P.M., the Council reconvened the meeting for a Study Session.
STUDY SESSION
PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA FOR THE STUDY
SESSION:
City Clerk Colborn reported that there were no requests to speak.
DISCUSSION TOPICS:
1. 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 Councilwoman Brooks, 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 7:55 P.M. the meeting was adjourned to the Regular meeting.
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Regular Meeting
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REGULAR MEETING
CALL TO ORDER:
A regular meeting of the Rancho Palos Verdes City Council was called to order by
Mayor Campbell at 7:55 P.M. at Fred Hesse Community Park, McTaggart Hall, 29301
Hawthorne Boulevard.
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;
David Aleshire, City Attorney; Deborah Cullen, Director of Finance; Ara Mihranian,
Director of Community Development; Elias Sassoon, Public Works Director; Nicole
Jules, Deputy Director of Public Works; Ron Dragoo, Principal Civil Engineer; Daniel
Trautner, Deputy Director of Recreation and Parks; Dan Landon, Information Technology
Manager; 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 City Clerk Colborn.
CLOSED SESSION REPORT:
City Attorney Aleshire reported that with regards to item #1, a status report was given
on the matter with no reportable action taken.
With regards to item #2, the addition of an urgency Closed Session item regarding a
potential threat of litigation on an undisclosed item, Councilwoman Brooks, seconded by
Councilman Misetich to direct the City Attorney to draft a letter to resolve the matter.
City Council roll call was answered as follows:
PRESENT: Brooks, Dyda, Misetich, Duhovic, and Mayor Campbell
ABSENT: None
MAYOR'S ANNOUNCEMENTS:
Mayor Campbell wished Councilman Dyda a Happy Birthday and recognized the
recipients of the Clean Bay Restaurant Certification Program.
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RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
Mayor Campbell announced Recyclers of the Month from the September 5, 2017, City
Council meeting: Brenda Aoki and Patricia Tierney. 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:
Councilman Misetich moved, seconded by Councilman Dyda, 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 late correspondence was distributed prior to the
meeting regarding comments received by the public and reported that there were five
requests to speak.
Tracy Burns, Michael Huang, Ed Hummel, and Carolynn Petru all expressed great
concern with an email sent by Mayor Campbell that was in response to an email
received by a resident, Michael Huang.
Mickey Rodich, expressed concern with the recent filming activity at Trump Beach; the
increased 2017-2018 fiscal year budget; increased staff salary and benefits for FY
2017-18; and reimbursement from Green Hills for liability fees above $200,000.
CITY MANAGER REPORT:
City Manager Willmore announced the following: introduced new Director of Public
Works Elias Sassoon; recognized October as National Disability Month; acknowledged
RPVty producer Maria Serrao for her recognition from the Los Angeles County
Commission on Disabilities as the 26t" Annual Access Award Recipient; commended
Staff on a successful Document Shredding & E -Waste Round -Up event.
In addition, Captain Beringer relayed information regarding a recent pursuit and clarified
that no Sheriff's ground units were involved since this was a pursuit involving the Palos
Verdes Estates Police Department.
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CONSENT CALENDAR:
City Clerk Colborn reported that late correspondence was distributed prior to the
meeting regarding Items B and E and there were requests to speak on items C, D, and
J.
Councilwoman Brooks moved, seconded by Mayor Pro Tem Duhovic, to approve the
Consent Calendar with items C, D, and J 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. Approval of Minutes
Approved the Minutes of the Adjourned Regular September 19, 2017; Special
September 19, 2017, (Interviews); and Adjourned Regular October 2, 2017, City
Council meetings.
C. Register of Demands
This item was removed from the Consent Calendar for separate consideration.
D. Consideration and possible action to adopt Amendment No. 1 to the
Professional Service Agreement with Art Bashmakian to provide on-call
planning services for the processing of Wireless Telecommunication Facility
Permits in the public right-of-way.
This item was removed from the Consent Calendar for separate consideration.
E. Consideration of possible action regarding Health Insurance Premiums for
2018.
Adopted Resolution No. 2017-59, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, INCREASING THE CITY'S MAXIMUM
MONTHLY CONTRIBUTION AMOUNTS FOR EMPLOYEE AND COUNCIL
MEMBER HEALTH INSURANCE PREMIUMS FOR CALENDAR YEAR 2018 AND
RESCINDING AND REPLACING RESOLUTION NO. 2016-51.
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F. Consideration and possible action to authorize the City Clerk to file a Notice of
Completion for the Palos Verdes Drive East Traffic Safety (Guardrails) Project
(Federal -Aid Highway Safety Improvement Program Project #6544).
(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 $8,499.39 to ACE Fence Company, 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.
G. Consideration and possible action to approve the first amendment to the
Contract Services Agreement between the City of Rancho Palos Verdes and
Stay Green, Inc., for Labor and Equipment for City Landscaping, General
Maintenance, and Litter & Trash Services.
(1) Approved the First Amendment to the Agreement; and, (2) Authorized the Mayor
and City Clerk to execute the First Amendment to the Contract Services Agreement
with Stay Green, Inc. for Labor and Equipment for City Landscaping, General
Maintenance, and Litter & Trash Services.
H. Consideration and possible action to award a construction change order for
the Eastview Park Improvements and Dog Park Project.
(1) Authorized Staff to execute the attached Construction Contract Change Order #4
allowing for the addition of new grass in the dog run areas at an amount not to
exceed $66,394.47; (2) Authorized Staff to use up to an additional $5,000 for a
project contingency; and, (3) Authorized an additional appropriation to the project in
the amount of $47,484.27 (Quimby funds).
I. Consideration and possible action to enter an agreement with Matrix Imaging
for $147,300 to digitize approximately 1.5 million City geology files,
encroachment and building permits, and planning address files; and authorize
a $9,950 increase in the Information Technology part-time staff budget for
verification of scanning accuracy.
Approved an agreement with Matrix Imaging to digitize the City's permits, planning
and geologic documents and plan set records.
J. Consideration and possible action to amend a Professional Services
Agreement with CTC Technology & Energy to perform Analysis and Services
for Wireless Telecommunications Facility Application Materials.
This item was removed from the Consent Calendar for separate consideration.
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CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT:
C. Register of Demands
Mickey Rodich, raised questions concerning item #C with regards to an increase in
charges for legal services and expressed concern with the vendor responsible for
closing the gate at Ladera Linda Park stating that the gate had been left open
overnight for three nights in a row.
City Attorney Aleshire explained that the increase for legal services has been due to
the recent increase in wireless telecommunications site applications and explained
how Counsel rates are prorated at the Planning Commission meetings.
Mayor Pro Tem Duhovic moved, seconded by Councilwoman Brooks, to adopt
Resolution No. 2017-58, 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, Misetich, Dyda, Duhovic, and Mayor Campbell
NOES: None
ABSENT: None
Items #D and #J were heard together.
D. Consideration and possible action to adopt Amendment No. 1 to the
Professional Service Agreement with Art Bashmakian to provide on-call
planning services for the processing of Wireless Telecommunication Facility
Permits in the public right-of-way.
J. Consideration and possible action to amend a Professional Services
Agreement with CTC Technology & Energy to perform Analysis and Services
for Wireless Telecommunications Facility Application Materials.
Mickey Rodich, inquired if some of the charges incurred by the City were billable to
Crown Castle or the wireless carriers or if the City must bear the cost.
City Manager Willmore clarified that all the costs (pass through) are recoverable and
the City has been charging the wireless carriers and will continue to do so.
Mayor Pro Tem Duhovic moved, seconded by Councilmember Dyda, to (D) approve
Amendment No. 1 to the Professional Service Agreement with Art Bashmakian to
provide on-call planning services until August 2, 2019, in an amount not to exceed a
total contract cost of $266,500 and (J) approve Amendment No. 1 to the agreement
with CTC Technology & Energy to authorize the expenditure of up to $156,050 to
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accommodate additional costs associated with additional Wireless
Telecommunications Facilities applications.
The motion passed on the following roll call vote:
AYES: Brooks, Misetich, Dyda, Duhovic, and Mayor Campbell
NOES: None
ABSENT: None
PUBLIC HEARINGS:
None.
REGULAR BUSINESS:
1. Consideration and possible action relating to State -imposed standards for
accessory dwelling units (ADUs) and small cell wireless facilities in the public
right-of-way. (Gerli)
Recommendation: Provide direction regarding creating or joining a coalition of
California cities to oppose State encroachment on local control over issues such as
ADUs and small cell wireless facilities.
This item was not heard and moved to the November 8, 2017, City Council meeting.
2. Consideration and possible action to introduce an ordinance amending
Rancho Palos Verdes Municipal Code Chapter 12.04 - Highway Permits. (Jules)
Recommendation: Re -introduce Ordinance No. 599, AN ORDINANCE OF THE
CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 12.04 (HIGHWAY
PERMITS) OF TITLE 12 OF THE CITY'S MUNICIPAL CODE.
This item was not heard and moved to a future City Council meeting.
3. Consideration and possible action to appoint one member to the Emergency
Preparedness Committee (EPC).
City Clerk Colborn reported that late correspondence was received and distributed
before the meeting and that ballots were distributed earlier in the evening to appoint
one member to the Emergency Preparedness Committee (EPC).
After one round of balloting, Larry Maizlish was appointed for a term ending
05/19/2019.
With no objections, at 8:54 P.M. Councilmember Misetich requested to be excused
from the rest of the meeting.
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4. Consideration and possible action to receive and file a memorandum from the
City Attorney regarding the City of Rancho Palos Verdes' and California's
parliamentary conflict of interest law and recusal procedure.
Dave Aleshire, City Attorney presented a staff report.
Discussion ensued among Council Members and Staff.
Councilwoman Brooks moved, seconded by Mayor Pro Tem Duhovic, to receive and
file the memorandum and forward the City Attorney's recommendations to the policy
sub -committee when revising the Rancho Palos Verdes City Council Rules of
Procedure as follows: clarify if Public officials "must" or "may" recuse themselves
from making or participating in a government decision when (i) personal or pecuniary
interests would create the "appearance of impropriety," or (ii) where persons are
entitled to due process, the decision -maker has evident bias preventing a "fair
hearing" (herein "common law bias").
The motion passed on the following roll call vote:
AYES: Brooks, Dyda, Duhovic and Mayor Campbell
NOES: None
ABSENT: Misetich
CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER:
None.
FUTURE AGENDA ITEMS:
None.
CITY COUNCIL ORAL REPORTS:
Each Council Member present reported on his/her attendance at various organization
and association meetings.
ADJOURNMENT:
At 9:12 P.M., Mayor Campbell adjourned to 6:00 P.M. on November 8, 2017, for a
Closed Session meeting and 7:00 P.M. for a regular meeting.
Attest:
/s/Emily Colborn
City Clerk
/s/Brian Campbell
Mayor
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