CC DM 20190219 B - 20181218 CC MINS DRAFTDRAFT
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
DECEMBER 18, 2018
CALL TO ORDER:
A Regular meeting of the Rancho Palos Verdes City Council for the purpose of a Closed
Session was called to order by Mayor Duhovic at 6:06 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, Cruikshank, Dyda, and Mayor Duhovic
ABSENT: Alegria (excused)
Also present were Doug Willmore, City Manager; Gabriella Yap, Deputy City Manager;
William W. Wynder, City Attorney; and Emily Colborn, City Clerk.
Councilmember Alegria arrived at 6:12 P.M.
PUBLIC COMMENTS:
None.
CLOSED SESSION ITEMS ANNOUNCED:
City Attorney Wynder announced the items to be discussed in Closed Session and
requested that Closed Session Item No. 1(a) be pulled and not heard at this time. Mr.
Wynder also requested that an item be added involving the matter regarding City of
Rancho Palos Verdes v. Wickramarachchi, L.A. Superior Court, Case No. BC686940
stating information was received after the posting of the agenda and requires immediate
attention.
Councilman Dyda moved, seconded by Mayor Pro Tem Cruikshank, to pull and not
discuss Closed Session Item No. 1(a) and add Closed Session Item No. 1(d).
The motion passed on the following roll call vote:
AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic
NOES: None
ABSENT: None
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1. PENDING LITIGATION – EXISTING LITIGATION (THREE CASES)
GC SECTION 54956.9 (d)(1)
(a) Name of case: Mark J. Doddy v. City of Palos Verdes [sic]; L.A. Superior Court,
Case No. YC072950
This item was pulled and not discussed.
(b) 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
(c) Name of case: City of Rancho Palos Verdes v. Indian Peak Properties, LLC, et
al., Superior Court Case No. 18STCV03781
(d) Name of case: City of Rancho Palos Verdes v. Wickramarachchi, L.A. Superior
Court, Case No. BC686940
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):
At 6:10 P.M., the Council recessed to Closed Session.
RECONVENE TO STUDY SESSION (MCTAGGART HALL):
At 7:01 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:
None.
DISCUSSION TOPICS:
1. Review of Tentative Agendas and Ongoing 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.
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Councilwoman Brooks moved, seconded by Mayor Duhovic, to approve the tentative
agendas as amended.
The motion passed on the following roll call vote:
AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic
NOES: None
ABSENT: None
ADJOURN TO REGULAR MEETING:
At 7:07 P.M. the Study Session was adjourned to the Regular meeting.
REGULAR MEETING – OPEN SESSION
CALL TO ORDER:
A Regular meeting of the Rancho Palos Verdes City Council was called to order by
Mayor Duhovic at 7:07 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: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic
ABSENT: None
Also present were Doug Willmore, City Manager; Gabriella Yap, Deputy City Manager;
William W. Wynder, City Attorney; Deborah Cullen, Director of Finance; Ara Mihranian,
Director of Community Development; Elias Sassoon, Director of Public Works; Ron
Dragoo, Principal Engineer; Cory Linder, Director of Recreation and Parks; Daniel
Trautner, Deputy Director of Recreation and Parks; Matt Waters, Senior Administrative
Analyst; Lukasz Buchwald, Information Technology Manager; Tracy Bonano, Senior
Administrative Analyst/Emergency Manager; and, Emily Colborn, City Clerk.
Also present was Sergeant Doug Shive, Lomita Station, Los Angeles County Sheriff’s
Department.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Mayor Pro Tem Cruikshank.
CLOSED SESSION REPORT:
City Attorney Wynder reported that with regards to Closed Session Item Nos. 1(b) and
1(c), matters were discussed with no reportable action taken; Closed Session Item No.
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1(d), the counter proposal was accepted with one minor counter offer; and Closed
Session Item No. 2, the Council ratified prior action.
MAYOR’S ANNOUNCEMENTS:
Mayor Duhovic shared information regarding City recipients of the South Bay
Restaurant Certification Program.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
Mayor Duhovic announced the Recycle Winners from the December 4, 2018, City
Council meeting: Loretta James and Spencer Grauch. 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 valued at $60.00.
APPROVAL OF THE AGENDA:
Councilwoman Brooks moved, seconded by Councilman Dyda, to approve the agenda
as amended with Item No. 3 removed from the agenda and not be heard at this time.
The motion passed on the following roll call vote:
AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic
NOES: None
ABSENT: None
PUBLIC COMMENTS:
The following members of the public addressed the City Council:
Noel Weiss, Debbie Landes, Sharon Loveys, Marie Chura, Dave Chura, Maria Popoli,
Rose Hom, James Trapp, and Robert Daly.
CITY MANAGER REPORT:
City Manager Willmore announced the following: Effective January 1, 2019, the use of
gas-powered blowers in single-family residential neighborhoods will be prohibited in the
City; the City is currently conducting a recruitment to fill a number of vacancies on the
various City advisory boards. Application deadline is Friday, December 21st, at 4:30
P.M.; City Hall offices will be closed from Monday, December 24th, through Tuesday,
January 1st, and will re-open on Wednesday, January 2nd. Staffed City park buildings
will be closed on Christmas Eve Day, Christmas Day and New Year's Day, but parks will
otherwise be open for regular posted hours during this period. Emergencies requiring
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immediate Sheriff's and/or Fire Department response, please call or text 9-1-1; wished
the community Happy Holidays.
CONSENT CALENDAR:
City Clerk Colborn reported that late correspondence was distributed prior to the
meeting regarding Items E and N and there was a request to speak on Item N.
Councilwoman Brooks moved, seconded by Councilman Alegria, to approve the
Consent Calendar with Item N removed and to be heard immediately after the Consent
Calendar and Item M as amended.
The motion passed on the following roll call vote:
AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic
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 December 4, 2018, Special/Regular City Council
meeting.
C. Register of Demands
Adopted Resolution No. 2018-86, 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.
Adopted 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
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E. Consideration and possible action to review the current status of Border
Issues.
Received and filed 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.
Approved 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.
Received and filed 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.
Authorized 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.
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.
(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 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).
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Authorized 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.
Rejected the claim and directed Staff to notify the claimant.
M. Consideration and possible action regarding a claim against the City by
Vanderlip Investment Company LLP.
Authorized payment of the claim and directed Staff to notify the claimant and pay the
claim subject to Vanderlip Investment Company filing a release.
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.
This item was removed from the Consent Calendar for separate consideration.
CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT:
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.
City Clerk Colborn reported that there was one request to speak.
City Attorney Wynder presented a brief staff report.
City Clerk Colborn reported that there was a request to speak. The following member of
the public addressed the City Council: Noel Weiss.
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Discussion ensued among Council Members and Staff.
Councilman Alegria moved, seconded by Mayor Duhovic, to (1) Adopt Resolution No.
2018-87, 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.
The motion passed on the following roll call vote:
AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic
NOES: None
ABSENT: None
PUBLIC HEARINGS:
None.
REGULAR BUSINESS:
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.
City Clerk Colborn reported that late correspondence was received and distributed prior
to the meeting and there were requests to speak.
Ron Dragoo, Principal Engineer, presented a staff report and PowerPoint presentation.
The following members of the public addressed the City Council: Noel Park, Barbara
Sattler, and Eva Cicoria.
Discussion ensued among Council Members and Staff.
Mayor Duhovic called for a brief recess at 8:40 P.M. The meeting reconvened at 8:50
P.M.
Mayor Duhovic moved, seconded by Councilwoman Brooks, to (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
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accommodate unforeseen requirements; (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; and as amended to also include: City to seek out
and hire CEQA advisors rather than consultant; Staff to negotiate Time is of the
Essence; add language to the contract removing equipment use; As agreed, Consultant
will be responsible for land surveying using a State of California licensed land surveyor
(or CA registered civil engineer licensed prior to 1982); and Authorize City Manager to
approach the Sanitation District and Cal Water to discuss possible financing options for
project.
Noted for the record (but not part of the motion), upon completion of the study if and
when necessary the vegetation issue will be addressed.
The motion passed on the following roll call vote:
AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic
NOES: None
ABSENT: None
2. Consideration and possible action to approve the professional services
agreement for Ladera Linda Park Architectural & Engineering Design Services.
City Clerk Colborn reported that late correspondence was received and distributed prior
to the meeting and there were requests to speak.
Matt Waters, Senior Administrative Analyst, presented a staff report and PowerPoint
presentation.
The following members of the public addressed the City Council: Herb Stark and
Jessica Vlaco.
Discussion ensued among Council Members and Staff.
Mayor Duhovic moved, seconded by Councilman Alegria, to 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. In addition,
Consultants shall meet with any Council Member(s) wishing to meet and the Ladera
Linda HOA in advance of any significant work being commenced.
The motion passed on the following roll call vote:
AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic
NOES: None
ABSENT: None
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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.
City Clerk Colborn reported that there were requests to speak.
Mayor Duhovic announced that the item was pulled and would not be discussed at this
time however he would allow for public comments.
The following members of the public addressed the City Council: Dale Hanks and Diana
Feinberg.
4. Consideration and possible action to appoint City Council Members to
Intergovernmental Organizations, Associations and City Subcommittees for
2019.
City Clerk Colborn reported that there were no requests to speak.
Discussion ensued among Council Members with several amendments made to
the assignments.
Councilwoman Brooks moved, seconded by Councilman Dyda, to (1) Appoint the
members of the City Council to the various intergovernmental organizations,
associations, and City Subcommittees for 2019 as amended; and (2) Direct Staff
to notify the various agencies of the City Council’s decision.
The motion passed on the following roll call vote:
AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic
NOES: None
ABSENT: None
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.
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ADJOURNMENT:
At 9:54 P.M., Mayor Duhovic adjourned the meeting.
/s/Jerry Duhovic
Mayor
Attest:
/s/Emily Colborn
City Clerk