CC AGD 20181218 AMENDED
*AMENDED AGENDA
RANCHO PALOS VERDES CITY COUNCIL MEETING
TUESDAY, DECEMBER 18, 2018
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
*THIS AGENDA HAS BEEN AMENDED. CLOSED SESSION ITEMS NO. 1 AND NO.
2 AND CONSENT CALENDAR ITEM M HAVE ALL BEEN REVISED
NEXT RESOLUTION NO. 2018-86 NEXT ORDINANCE NO. 615
6:00 P.M. CLOSED SESSION
CALL TO ORDER: Mayor Duhovic
ROLL CALL: Councilman Alegria
Councilwoman Brooks
Councilman Dyda
Mayor Pro Tem Cruikshank
Mayor Duhovic
PUBLIC COMMENTS FOR CLOSED SESSION:
This section is intended to provide members of the public with the opportunity to comment on listed Closed Session items. Each
speaker will be limited to 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.
CLOSED SESSION ITEMS ANNOUNCED:
Based on Government Code Section 54954.5. All Statutory References are to California Government Code Sections
*1. PENDING LITIGATION – EXISTING LITIGATION (THREE CASES)
GC SECTION 54956.9 (d)(1)
AMENDED City Council Agenda
December 18, 2018
Page 2 of 8
Name of case: Mark J. Doddy v. City of Palos Verdes [sic]; L.A. Superior Court,
Case No. YC072950
Name of case: Cherie Townsend; Jalen Lapree Hamler v. City of Rancho Palos
Verdes; United States District Court Central District of California, Case No. 2:18-cv-
10011
Name of case: City of Rancho Palos Verdes v. Indian Peak Properties, LLC, et al.,
Superior Court Case No. 18STCV03781
*2. PENDING LITIGATION – INITIATION OF LITIGATION BY CITY
GC SECTION 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 in one (1) case.
RECESS TO CLOSED SESSION (FIRESIDE ROOM):
RECONVENE 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 limited to one (1) minute 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.
DISCUSSION TOPICS FOR STUDY SESSION:
SS1. Review of Tentative Agendas and ongoing City Council Goals and Priorities
Recommendation: Receive and file the Tentative Agendas and Ongoing City
Council Goals and Priorities.
ADJOURN TO REGULAR MEETING:
AMENDED City Council Agenda
December 18, 2018
Page 3 of 8
7:00 P.M. – REGULAR MEETING
CALL TO ORDER: Mayor Duhovic
ROLL CALL: Councilman Alegria
Councilwoman Brooks
Councilman Dyda
Mayor Pro Tem Cruikshank
Mayor Duhovic
PLEDGE OF ALLEGIANCE: To be announced
CLOSED SESSION REPORT:
MAYOR’S ANNOUNCEMENTS:
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
APPROVAL OF AGENDA:
PUBLIC COMMENTS FOR NON-AGENDA ITEMS:
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 limited to 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.
CITY MANAGER REPORT:
CONSENT CALENDAR:
Items listed under the Consent Calendar consists of routine items and will be approved in one motion. Any member of the Council
may pull an item for discussion or clarification. Items pulled from the Consent Calendar by a Councilmember will be heard after the
Regular Business section of the agenda, unless otherwise directed by the City Council. If a member of the public has requested to
speak on a Consent Calendar item, it will be pulled and heard immediately after the Consent Calendar. Those wishing to speak on
any Consent Calendar item(s) will be limited to 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.
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. Approval of Minutes (Colborn)
Recommendation: Approve the Minutes of the December 4, 2018, Special/Regular
City Council meeting.
AMENDED City Council Agenda
December 18, 2018
Page 4 of 8
C. Register of Demands (Cullen)
Recommendation: Adopt Resolution No. 2018-__, 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 adopt Ordinance No. 614 repealing and
amending Chapter 15.34 (Water Efficient Landscaping) of Title 15 (Building and
Construction Code) of the Rancho Palos Verdes Municipal Code to implement the
State’s new Water Efficient Landscape requirements (Silva)
Recommendation: Adopt Ordinance No. 614, AN ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES TO REPEAL AND REPLACE MUNICIPAL CODE
CHAPTER 15.34 TO IMPLEMENT THE STATE OF CALIFORNIA’S
REQUIREMENTS FOR WATER EFFICIENT LANDSCAPING
E. Consideration and possible action to review the current status of Border Issues.
(Fox)
Recommendation: Receive and file the second biannual report on the status of
Border Issues for 2018.
F. Consideration and possible action to enter an agreement with Canon Solutions
America, Inc. to upgrade the existing fleet of multifunction copiers. (Buchwald)
Recommendation: Authorize Staff to execute an agreement with Canon Solutions
America, Inc. (Canon) to lease six (6) new multifunction copiers and renew
maintenance on the two (2) remaining copiers for thirty-six (36) months.
G. Consideration and possible action to receive an update on the City’s Emergency
Preparedness Exercise Program. (Bonano)
Recommendation: Receive and file the update on the City’s Emergency
Preparedness Exercise Program.
H. Consideration and possible action to fund a pilot domestic violence response
program for the City of Rancho Palos Verdes. (Ruiz)
Recommendation: Authorize the City Manager or Finance Director to reallocate
existing public safety funding for the pilot program.
I. Consideration and possible action to approve a Contract Amendment with Jon David
Cicchetti to design the Hesse Field – Park Improvements Project. (Flannigan)
Recommendation: Authorize the City Manager and City Clerk to execute a contract
amendment with Jon David Cicchetti for the Hesse Field – Park Improvements
Project not to exceed $28,300, contingent upon the City Attorney’s approval as to
form.
J. Consideration and possible action to authorize the City Clerk to file a Notice of
Completion for the Hawthorne Boulevard Arterial Wall Beautification Project
No. RW2017-03. (Carrasco)
AMENDED City Council Agenda
December 18, 2018
Page 5 of 8
Recommendation: (1) Accept the work as complete; (2) Authorize 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) Authorize the Director of Public Works to release the
retention payment to Metrocell Construction Inc., 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 with the City.
K. Consideration and possible action to authorize a purchase of new workstations and
laptops from CDW Government (CDWG) (Buchwald)
Recommendation: Authorize the purchase of fifty (50) new workstations and six (6)
new laptops from CDWG in the amount of $61,853.75.
L. Consideration and possible action regarding a claim against the City by Indian Peak
Properties, LLC. (Colborn)
Recommendation: Reject the claim and direct Staff to notify the claimant.
*M. Consideration and possible action regarding a claim against the City by Vanderlip
Investment Company LLP. (Colborn)
Recommendation: Authorize payment of the claim and direct Staff to notify the
claimant and pay the claim.
N. Consideration and possible action to adopt a Resolution authorizing and then issuing
three (3) legislative subpoenas in connection with the prior direction given by the
City Council of the City of Rancho Palos Verdes to undertake an investigation into
possible violation(s) of the “closed session privilege” embodied in the Ralph M.
Brown Act, Government Code § 54963, and under the oversight of the City Council
ad hoc subcommittee; and authorizing and then issuing one (1) legislative subpoena
in connection with the prior direction given by the City Council of the City of Rancho
Palos Verdes to compel compliance with the California Public Records Act, and
under the oversight of the City Council ad hoc subcommittee. (Wynder)
Recommendation: (1) Adopt Resolution No. 2018-___, A RESOLUTION OF THE
COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA,
AUTHORIZING THE ISSUANCE OF FOUR (4) LEGISLATIVE SUBPOENAS FOR
THE PRODUCTION OF PUBLIC RECORDS AND/OR FOR THE PERSONAL
APPEARANCE AND EXAMINATION OF INDIVIDUALS IN CONNECTION WITH
THE CITY COUNCIL INVESTIGATION INTO POSSIBLE VIOLATIONS OF THE
RALPH M. BROWN ACT & TO ASSURE COMPLIANCE WITH THE CALIFORNIA
PUBLIC RECORDS ACT; and, (2) Direct the City Clerk to attest to the legislative
subpoenas authorized by resolution and authorize the Mayor to sign the same on
behalf of the City.
CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT:
This section is for item(s) that have been pulled from the Consent Calendar, and a member of the public has requested to speak to
that item. Each speaker will be limited to three (3) minutes to address the City Council.
AMENDED City Council Agenda
December 18, 2018
Page 6 of 8
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
limited to 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.
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.
REGULAR BUSINESS:
This section contains items of general business. Prior to the vote of an item, each speaker will be limited to 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 award a Professional Services Agreement to
Daniel B. Stephens & Associates, Inc. for design services associated with the
Portuguese Bend Landslide mediation work. (Dragoo) (45 mins.)
Recommendation: (1) Award a Professional Services Agreement to Daniel B.
Stephens & Associates, Inc. in the not-to-exceed amount of $479,918; (2) Authorize
the City Manager or Director of Finance to execute changes to this agreement, and
a not to exceed contingency of $40,000 to accommodate unforeseen requirements;
and, (3) Authorize the Mayor and City Clerk to execute the Professional Services
Agreement, contingent on the City Attorney’s approval of the Agreement as to form.
2. Consideration and possible action to approve the professional services agreement for
Ladera Linda Park Architectural & Engineering Design Services. (Waters) (45 mins.)
Recommendation: Authorize the Mayor to execute a professional services
agreement with Johnson Favaro for Ladera Linda Park Architectural & Engineering
Design Services for a total of $528,460.
3. Consideration and possible action to approve a site access agreement for an
antenna monopole for the Los Angeles Regional Interoperable Communications
System (LA-RICS) at Point Vicente Park/Civic Center. (Fox) (30 mins.)
Recommendation: Do not approve a Site Access Agreement with LA-RICS for a
proposed 70-foot-tall antenna monopole at Point Vicente Park/Civic Center.
4. Consideration and possible action to appoint City Council Members to
Intergovernmental Organizations, Associations and City Subcommittees for 2019.
(Colborn) (10 mins.)
Recommendation: (1) Appoint the members of the City Council to the various
intergovernmental organizations, associations, and City Subcommittees for 2019;
and, (2) Direct Staff to notify the various agencies of the City Council’s decision.
AMENDED City Council Agenda
December 18, 2018
Page 7 of 8
CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER:
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:
AMENDED City Council Agenda
December 18, 2018
Page 8 of 8
City Council
Agendas and Staff
Reports:
Agendas and staff reports are available for public review within 72 hours of the meeting at City
Hall, 30940 Hawthorne Boulevard during regular business hours, 7:30 A.M. to 5:30 P.M.
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
Correspondence:
We highly encourage written materials regarding City Council Agenda items be submitted no
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
Participation:
Participants must speak from the podium using the lectern microphone; comments are to be
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
Council Meeting:
The Mayor shall order removed from the Council Chambers any person(s) who commit the
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
Meeting:
The City Council will adjourn its meetings on or before 11:00 p.m. and will not consider new
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
Disabilities Act:
In compliance with the Americans with Disabilities Act, if you require a disability-related
modification or accommodation to attend or participate in this meeting, including auxiliary aids
or services, please call the City Clerk’s Office at 310 544-5217 at least 48 hours prior to the
meeting.
CITY OF RANCHO PALOS 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 AMENDED agenda for the Regular Meeting of the City
Council for December 18, 2018, 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: Z:Oo
Dated: December 12, 2018 41111nIth,
irity Clerk
W:\01 City Clerk\2018 CITY COUNCIL AGENDAS\Affidavits of Posting\20181218 Affidavit of Posting Agendas Amended.doc
30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 90275-5391 /(310)377-0360/Fax(310)544-5291
www.rpvca.gov