CC MINS 20170919 ADJ MINUTES
RANCHO PALOS VERDES CITY COUNCIL
ADJOURNED REGULAR MEETING
SEPTEMBER 19, 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 Councilman Misetich at 5:37 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
ABSENT: *Duhovic (excused) and *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 at 5:42 P.M. and Mayor Pro Tem Duhovic arrived at 6:50 P.M.
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. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION
GC 54956.9 (d)(1)
One Case: California River Watch v. City of Rancho Palos Verdes, United States
District Court for the Central District of California, Case No. 2:17-cv-05718-AS.
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. POTENTIAL LITIGATION AGAINST THE CITY
GC 54956.9(d)(2) and (e)(1)
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, but which the local
agency believes are not yet known to a potential plaintiff or plaintiffs, which facts and
circumstances need not be disclosed.
4. INITIATION OF LITIGATION BY THE CITY
GC 54956.9(d)(4)
Based on existing facts and circumstances, the legislative body of the local agency has
decided to initiate or is deciding whether to initiate litigation.
5. INITIATION OF LITIGATION BY THE CITY
GC 54956.9(d)(4)
Based on existing facts and circumstances, the legislative body of the local agency has
decided to initiate or is deciding whether to initiate litigation.
Four potential cases
RECESS TO CLOSED SESSION (FIRESIDE ROOM):
At 5:42 P.M., the Council recessed to Closed Session.
ADJOURN TO SPECIAL MEETING — INTERVIEWS
At 7:14 P.M., the Council adjourned to a Special meeting to conduct Civic Center
Advisory Committee Chair interviews.
RECONVENE TO STUDY SESSION:
At 7:29 P.M., the Council reconvened the meeting for a Study Session.
Due to the time, Councilwoman Brooks moved, seconded by Councilman Dyda, to
waive the Study Session.
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:
City Council Minutes
Adjourned Regular Meeting
September 19, 2017
Page 2 of 10
At 7:31 P.M. the meeting was adjourned to the Regular meeting.
REGULAR MEETING
CALL TO ORDER:
A regular meeting of the Rancho Palos Verdes City Council was called to order by
Mayor Campbell at 7:31 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;
David Aleshire, City Attorney; Trang Nguyen, Deputy Director of Finance; Ara
Mihranian, Director of Community Development; Tom DeFazio, Interim Building Official;
Julie Peterson, Code Enforcement Officer; Terry Rodrigue, Interim Public Works
Director; Ron Dragoo, Principal Civil Engineer; Natalie Chan, PE, Associate Engineer;
Cory Linder, Director of Recreation and Parks; Matt Waters, Senior Administrative
Analyst; and Emily Colborn, City Clerk.
Also present was Captain Beringer, Lomita Station, Los Angeles County Sheriffs
Department.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Tyler from Boy Scout Troop 276.
CLOSED SESSION REPORT:
City Attorney Aleshire reported that with regards to item #1 (River Watch), the matter
was discussed and a settlement has been reached and will be presented to Council for
approval at the October 3, 2017, City Council meeting; items #2, #3, #4, and #5, matters
were discussed with no reportable action taken.
MAYOR'S ANNOUNCEMENTS:
Mayor Campbell presented Ms. Gail Lovrich with a Tile from the City acknowledging her
service to the community.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
Mayor Campbell announced Recyclers of the Month from the September 5, 2017, City
Council meeting: Joanne Campman and Marilyn Long. He indicated that all winners
receive a check for $250 and urged everyone to participate in the City's Recycling
City Council Minutes
Adjourned Regular Meeting
September 19, 2017
Page 3 of 10
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 Dyda, to modify the order of
the agenda as follows: items #5, #4, and #3 will be heard before item #1. Item #6 was
postponed to a future meeting within the next six weeks.
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 two requests to speak.
Mickey Rodich, inquired on the status of the project to synchronize the traffic lights
along Hawthorne Boulevard and the installation of fiber optic cable on Hawthorne Blvd.
to improve television reception particularly the City Council meetings.
John Jensen, recommended that landscapers display their business license or permit
visibly on their vehicles.
CITY MANAGER REPORT:
City Manager Willmore announced the following: The Ring.com security product
discount program will continue to run from September 11, 2017, through November 9,
2017 or until funding is no longer available; the City Council will be discussing and
reviewing the draft Natural Communities Conservation Plan (NCCP) at a public meeting
on Monday, October 2, at 6 P.M.; and Abalone Cove Park Volunteer Day on Sunday,
September 24, 2017, 9:00 A.M. - 12:00 P.M.
CONSENT CALENDAR:
Mayor Pro Tem Duhovic moved, seconded by Councilmember Misetich, to approve the
Consent Calendar as presented.
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
City Council Minutes
Adjourned Regular Meeting
September 19, 2017
Page 4 of 10
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 August 1, 2017, City Council meeting.
C. Register of Demands
Adopted Resolution No. 2017-53, 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 authorize the Mayor to sign a letter of
thanks to Supervisor Janice Hahn for additional funding for the Palos Verdes
Peninsula Transit Authority (PVPTA)
Authorized the Mayor to sign the letter to Supervisor Hahn.
E. Consideration and possible action to award a Professional Services
Agreement to McGee Surveying Consulting to perform precision surveying in
the landslide area.
1) Awarded a contract to Michael R. McGee, PLS, d/b/a McGee Surveying Consulting,
in the amount of $59,070 to perform GPS surveys of all existing points within the
Portuguese Bend/Abalone Cove/Klondike Canyon Landslide areas and to prepare the
associated report; and, 2) Authorized the expenditure of up to $4,000 as a project
contingency in the event additional work is identified during the field surveys and is
determined to be required by the Director of Public Works.
F. Consideration and possible action to award a construction contract for the
Residential Street Rehabilitation Project, Area 7 - Phase II to American Asphalt
South, and award a Professional Services Agreements to Interwest and
Sunbeam for inspection services and community outreach respectively.
1) Approved the plans and specifications for Area 7, Phase II, Project No. 004917,
which are on file in the Department of Public Works; 2) Awarded a construction contract
to American Asphalt South, Inc. (American Asphalt South) in the not-to-exceed amount
of$1,404,458.64; 3) Authorized Staff to utilize an additional 10% ($140,445.36) to be
used as a project contingency in the event additional work is identified; 4) Awarded a
Professional Services Agreement to Interwest Consulting Group (Interwest) for
Inspection Services in the amount of$81,240; 5) Awarded a Professional Services
Agreement to Sunbeam Consulting (Sunbeam) for Community Outreach/ Resident
Liasion/Utility Coordination (Community Outreach) Services in the amount of$48,800;
6) Authorized the Mayor and City Clerk to execute Agreements with American Asphalt
City Council Minutes
Adjourned Regular Meeting
September 19, 2017
Page 5 of 10
South, Inc., Interwest Consulting Group, and Sunbeam Consulting; subject to approval
as to form by the City Attorney.
CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT:
None.
Per the re-order of the agenda, Mayor Campbell moved to item #5.
REGULAR BUSINESS:
5. Consideration and possible action to appoint Chair to the Civic Center
Advisory Committee (CCAC).
City Clerk Colborn introduced the item by title and reported there were no requests to
speak regarding this item.
A voice vote was conducted. Bill Gerstner received five votes for Chair and Noel Park
received five votes for Vice Chair.
Councilman Dyda moved, seconded by Councilwoman Brooks, to appoint Bill Gerstner
as Chair and Noel Park as Vice Chair of the Civic Center Advisory Committee.
The motion passed on the following roll call vote:
AYES: Brooks, Dyda, Misetich, Duhovic and Mayor Campbell
NOES: None
ABSENT: None
Per the re-order of the agenda, Mayor Campbell moved to item #4.
4. Consideration and possible action to receive and file a report on Peninsula-
wide measures to address coyote issues.
City Clerk Colborn introduced the item by title, reported that late correspondence was
received and distributed before the meeting, and that there were four requests to speak
regarding this item.
Julie Peterson, Code Enforcement Officer, presented a staff report and PowerPoint
presentation.
Noel Park, spoke in favor of the City's Coyote Management Plan and opposed any
trapping and/or killing of coyotes,
Wendy Ytterboe, urged Council for a proactive abatement program to protect residents
and pets.
City Council Minutes
Adjourned Regular Meeting
September 19, 2017
Page 6 of 10
Jessica Vlaco, spoke about increased sightings of coyotes and an incident involving her
dog being attacked in front of her home.
Janet Schoenfeld, expressed gratitude to the Council for their efforts on seeking a
solution and urged residents to be more aware and proactive in reporting sightings.
Discussion ensued among Council Members and Staff.
Mayor Pro Tem Duhovic moved, seconded by Councilwoman Brooks, to receive and file
a report on measures that Peninsula cities are implementing to address coyote issues
and how they relate to the City's measures.
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 8:48 P.M. The meeting reconvened at 9:04
P.M.
Per the re-order of the agenda, Mayor Campbell moved to item #3.
3. Consideration and possible action to review and approve a proposal for extra
services for preliminary design development of the Ladera Linda Park Master
Plan.
City Clerk Colborn introduced the item by title, reported that late correspondence was
received and distributed before the meeting, and that there were three requests to
speak.
Matt Waters, Senior Administrative Analyst presented a staff report and PowerPoint
presentation.
Mickey Rodich, expressed his concerns and suggested that the proposal not be
approved.
Jessica Vlaco, commended staff for their work on the plan and inquired about the
regulations for compliance for the ADA entrance being proposed at the park and the
usage overlay of facilities.
Jim Hevener, spoke in support of redeveloping Ladera Linda Park and endorsed the A-1
proposal. Mr. Hevener reminded the Council of the compromise made for a community
pool and gymnasium and hopes that it is not overlooked in the process.
Discussion ensued among Council Members and Staff.
City Council Minutes
Adjourned Regular Meeting
September 19, 2017
Page 7 of 10
Mayor Pro Tern Duhovic moved, seconded by Councilwoman Brooks, to approve the
proposal for extra services for preliminary design development from Richard Fisher and
Associates (RFA) for the Ladera Linda Park Master Plan as amended to include a
Phase 1 soil study.
The motion passed on the following roll call vote:
AYES: Brooks, Dyda, Misetich, Duhovic and Mayor Campbell
NOES: None
ABSENT: None
With no objections, at 9:37 P.M. Councilwoman Brooks requested to be excused from
the rest of the meeting.
Mayor Campbell called for a brief recess at 9:37 P.M. The meeting reconvened at 9:40
P.M.
Per the re-order of the agenda, Mayor Campbell moved to item #1.
PUBLIC HEARINGS:
1. Consideration and possible action to adopt by reference more restrictive
building standards of Title 32, entitled "Fire Code," of the Los Angeles County
Code within the jurisdictional boundaries of the City.
City Clerk Colborn introduced the item by title and reported that notice of the public
hearing was duly published, there were no written protests received, and there were no
requests to speak.
Mayor Campbell moved to waive the staff report. Without objection, Mayor Campbell so
ordered.
Mayor Campbell declared the public hearing open; with no requests to speak, Mayor
Campbell declared the public hearing closed.
Discussion ensued among Council Members and Staff.
Councilman Misetich moved, seconded by Mayor Pro Tern Duhovic, to adopt Ordinance
No. 598, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING
BY REFERENCE TITLE 32, ENTITLED "FIRE CODE," OF THE LOS ANGELES
COUNTY CODE FOR THE CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS
ANGELES COUNTY, WHICH IN TURN ADOPTS BY REFERENCE, WITH CERTAIN
CHANGES AND AMENDMENTS, THE 2016 EDITION OF THE CALIFORNIA FIRE
CODE AND THE 2015 EDITION OF THE INTERNATIONAL FIRE CODE, AND
RATIFYING THE MORE RESTRICTIVE BUILDING STANDARDS CONTAINED IN
City Council Minutes
Adjourned Regular Meeting
September 19, 2017
Page 8 of 10
TITLE 32, AND DELEGATING ENFORCEMENT OF THE FIRE CODE IN THE CITY TO
THE FIRE CHIEF.
The motion passed on the following roll call vote:
AYES: Dyda, Misetich, Duhovic and Mayor Campbell
NOES: None
ABSENT: Brooks
REGULAR BUSINESS:
2. Consideration and possible action to receive a presentation on the upcoming
Palos Verdes Peninsula Water Reliability Project from California Water Service
(CalWater).
City Clerk Colborn introduced the item by title and reported that there was one request
to speak regarding this item.
Natalie Chan, Associate Engineer, presented a staff report and introduced John
Gollazo, CalWater representative who gave a presentation and answered questions
from the City Council and public.
Lowell Wedemeyer, stated there's an issue of soil failure beneath the Cal Water supply
main along Burma Road Trail, at Paintbrush Canyon, Portuguese Bend Nature Reserve
and requested that Cal Water be asked to address how they are maintaining this supply
line through the landslide vicinity, and what plans they have to reduce the vulnerability
of this supply line to soil failure and earthquake.
Discussion ensued among Council Members and Staff.
Councilman Misetich moved, seconded by Mayor Pro Tem Duhovic, to receive the
presentation from CalWater regarding the Palos Verdes Peninsula Water Reliability
Project.
The motion passed on the following roll call vote:
AYES: Dyda, Misetich, Duhovic and Mayor Campbell
NOES: None
ABSENT: Brooks
6. Consideration and possible action to explore options to expand programming
for RPVty
This item was postponed to a future meeting.
City Council Minutes
Adjourned Regular Meeting
September 19, 2017
Page 9 of 10
7. 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.
City Clerk Colborn introduced the item by title and reported that there were no requests
to speak.
Mayor Pro Tern Duhovic moved, seconded by Councilman Misetich, to postpone the
item to the October 3, 2017, City Council meeting.
The motion passed on the following roll call vote:
AYES: Dyda, Misetich, Duhovic and Mayor Campbell
NOES: None
ABSENT: Brooks
CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER:
None.
FUTURE AGENDA ITEMS:
Councilmember Dyda requested: reformatting City ordinances to include a statement of
intent/objective and revising the IMAC and EPC work plans to include the Portuguese
Bend Landslide and sewer lines disaster prevention.
CITY COUNCIL ORAL REPORTS:
Each Council Member present reported on his/her attendance at various organization
and association meetings.
Mayor Pro Tern Duhovic moved to extend the meeting to 10:25 P.M. Without objection,
Mayor Campbell so ordered.
Mayor Campbell wished Roberta Weaver a happy 101 birthday.
ADJOURNMENT:
At 10:29 P.M., Mayor Campbell adjourned to 6:00 P.M. on October 2, 2017, for an
Adjourned Regular meeting to discuss the Natural Communities Conservation Plan
(NCCP).
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City Council Minutes
Adjourned Regular Meeting
September 19, 2017
Page 10 of 10