CC MINS 20190416 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
APRIL 16, 2019
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 6:04 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; William W. Wynder, City Attorney,
Teresa Takaoka, Deputy City Clerk; and Emily Colborn, City Clerk.
PUBLIC COMMENTS:
None.
CLOSED SESSION ITEMS ANNOUNCED:
City Attorney Wynder announced the items to be discussed in Closed Session and
reported that Closed Session Item No. 3 would not be discussed.
1. PENDING LITIGATION — EXISTING LITIGATION
GC SECTION 54956.9 (d)(1)
Name of case: Mark J. Doddy v. City of Palos Verdes [sic]; L.A. Superior Court,
Case No. YC07295
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
3. PENDING LITIGATION — 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 in
at least one case.
RECESS TO CLOSED SESSION (FIRESIDE ROOM):
At 6:06 P.M., the Council recessed to Closed Session.
RECONVENE TO STUDY SESSION (MCTAGGART HALL):
At 7:02 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:
SS1. 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.
Councilwoman Brooks moved, seconded by Councilman Dyda, 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 7:10 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 7:10 P.M. at Fred Hesse Community Park, McTaggart Hall, 29301
Hawthorne Boulevard, notice having been given with affidavit thereto on file.
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April 16, 2019
Page 2 of 10
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; William W. Wynder, City Attorney;
Deborah Cullen, Director of Finance; Ara Mihranian, Director of Community
Development; Elias Sassoon, Director of Public Works; Natalie Chan, PE, Associate
Engineer; Daniel Trautner, Deputy Director of Recreation and Parks; Lukasz Buchwald,
Information Technology Manager; Teresa Takaoka, Deputy City Clerk; and Emily
Colborn, City Clerk.
Also present was Lt. Michael White, Lomita Station, Los Angeles County Sheriff's
Department.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Carlos Riviera, RPVTV Technician.
CLOSED SESSION REPORT:
City Attorney Wynder reported that with regards to Closed Session Item No. 1, an
agreement has been reached between the parties which will be memorialized in a
settlement agreement that will come before Council for approval; and with regards to
Closed Session Item No. 2, matter was discussed with no reportable action taken.
MAYOR'S ANNOUNCEMENTS:
Mayor Duhovic spoke regarding his attendance at the City's Whale of a Day event and
commended Staff for a job well done.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
Mayor Duhovic announced the Recycle Winners for the April 3, 2019, City Council
meeting: Diana Keigharm and E. Mike Stavros. 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:
Mayor Pro Tem Cruikshank moved, seconded by Councilman Dyda, to approve the
agenda as presented.
The motion passed on the following roll call vote:
AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic
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NOES: None
ABSENT: None
PUBLIC COMMENTS:
The following members of the public addressed the City Council: Noel Weiss, Sharon
Loveys, Debbie Landes, Joanna Jones-Reed, Judy Frankel, and Lori Brown.
CITY MANAGER REPORT:
City Manager Willmore announced the following: free document shredding & e-waste
roundup event Saturday, April 27th from 8 a.m. to 11 a.m. at the RPV Civic Center (City
Hall) in the over flow parking lot located at 30940 Hawthorne Boulevard; and a Home
Safety Audit opportunity with the Los Angeles County Sheriff's Department is being
offered to residents. This is a voluntary service that provides a free home safety and
crime prevention inspection to identify features in your home, which might make a
residence susceptible to burglaries, fires, or injuries due to falls.
City Attorney Wynder reported on the court hearing regarding the Alta Vista grading
permit at Green Hill cemetery.
CONSENT CALENDAR:
City Clerk Colborn reported that late correspondence was distributed prior to the
meeting regarding Items G and L and there was a request to speak on Item M.
Mayor Duhovic moved, seconded by Councilman Alegria, to approve the Consent
Calendar with Item M removed and to be heard immediately after the Consent Calendar
and Item D removed and to be heard after Regular Business.
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 April 2, 2019, Regular meeting.
C. Register of Demands
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April 16, 2019
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(1) Adopted Resolution No. 2019-12, 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 (check date 03/22/19); and (2) Adopted Resolution No. 2019-13, 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 (check date 04/05/2019)
D. Consideration and possible action to award a Professional Services
Agreement to NV5, Inc. for design services associated with the Abalone Cove
Sanitary Sewer System Rehabilitation Program.
This item was removed from the Consent Calendar for separate consideration.
E. Consideration and possible action regarding a claim against the City by Diane
Hill.
Rejected the claim and directed Staff to notify the claimant.
F. Consideration and possible action regarding a claim against the City by
Scherman Singh.
Rejected the claim and directed Staff to notify the claimant.
G. Consideration and possible action regarding a claim against the City by
Christopher Warner.
Rejected the claim and directed Staff to notify the claimant.
H. Consideration and possible action to authorize the City Manager to sign a
second amendment to the Granicus contract extending the term until June 30,
2019.
Authorized the City Manager to sign the amendment to extend the Granicus contract
until June 30, 2019.
I. Consideration and possible action to support HR 530, which would reverse the
Federal Communications Commission order limiting local regulatory authority
over the deployment of wireless infrastructure to support 5G technology.
Authorized the Mayor to sign a letter to U.S. Rep. Anna Eshoo in support of HR 530,
which would reverse the FCC order limiting local regulatory authority over the
deployment of wireless infrastructure to support 5G technology.
J. Consideration and possible action to award a professional services agreement
for the design of Peninsula-Wide Safe Routes to School Plan.
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April 16, 2019
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(1) Awarded a professional services agreement to KOA Corporation for the design of
the Peninsula Wide Safe Routes to School Plan in an amount not to exceed
$234,990; and (2) Authorized an additional appropriation of$28,675 from the CIP
Reserve Fund; and (3) Authorized the Mayor and City Clerk to execute a
professional services agreement with KOA Corporation.
K. Consideration and possible action to adopt Ordinance No. 621 repealing and
replacing Chapter 12.18 (Wireless Telecommunications Facilities in the Public
Right-of-Way) to update the regulatory framework and standards for wireless
facilities within the public right-of-way based on the recent Federal
Communications Commission ruling (Case No. PLCA2019-0002).
Adopted Ordinance No. 621, AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES REPEALING AND REPLACING CHAPTER 12.18 (WIRELESS
TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY) OF THE
RANCHO PALOS VERDES MUNICIPAL CODE TO UPDATE THE REGULATORY
FRAMEWORK AND STANDARDS FOR PERMITTING WIRELESS FACILITIES
WITHIN THE CITY'S PUBLIC RIGHT-OF-WAY IN ACCORDANCE WITH THE
RECENT FEDERAL COMMUNICATIONS COMMISSION (FCC) RULING
L. Consideration and possible action to award a construction contract and a
professional services agreement for inspection for the Hesse Athletic Field
Improvement Project.
(1) Approved the plans and specifications for the Hesse Athletic Field Improvement
Project; (2) Awarded a construction contract to KASA Construction, Inc. (KASA) in
the amount of$346,881.40; (3) Authorized the City Manager or Director of Finance
to execute amendments for project contingency up to an additional 10% ($35,000) of
the project budget for a total construction authorization of$381,881.40; (4)
Authorized a professional services agreement with Fountainhead Consulting in the
amount of$29,280; and, (5) Authorized the Mayor and City Clerk to execute the
construction contract and professional service agreement subject to approval as to
form by the City Attorney.
M. Consideration and possible action to award a construction contract to KASA
Construction, Inc. and award a contract for outreach and inspection services
to Sunbeam Consulting for the Trail Connection for Conestoga Trail (at
Deadman's Curve), that includes construction of a multi-use trail and wood
fence and replacement of a metal guardrail (Project TR2017-01).
This item was removed from the Consent Calendar for separate consideration.
N. Consideration and possible action to award a contract to GameTime c/o Great
Western Recreation for the purchase and installation of a shade structure in
Lower Hesse Park.
(1) Authorized an additional appropriation of$31,929 for the project; (2)Awarded a
construction contract to GameTime c/o Great Western Recreation in the amount of
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April 16, 2019
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$29,026.83; (3) Authorized the City Manager or Director of Finance to execute
amendments up to an additional 10% ($2,903) as a project contingency for potential
unforeseen conditions; (4) Authorized the Mayor and City Clerk to execute the
construction contract.
CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT:
M. Consideration and possible action to award a construction contract to KASA
Construction, Inc. and award a contract for outreach and inspection services
to Sunbeam Consulting for the Trail Connection for Conestoga Trail (at
Deadman's Curve), that includes construction of a multi-use trail and wood
fence and replacement of a metal guardrail (Project TR2017-01).
City Clerk Colborn reported that there was a request to speak on this item. The
following member of the public addressed the City Council: Nick Sammadi.
At 7:47 P.M., Councilman Dyda excused himself from the dais.
Discussion ensued among Council Members and Staff.
Councilwoman Brooks moved, seconded by Mayor Duhovic, to (1) Authorize an
additional appropriation of$296,837 for the project; (2) Rejected Proposal from
Concept Consultant, Inc.; (3) Award a construction contract to KASA Construction,
Inc. in the amount of$346,415; (4) Authorize the City Manager or Director of
Finance to execute amendments up to an additional 10% ($34,642) as a
contingency for potential unforeseen conditions; (5) Award a contract to Sunbeam
Consulting for Inspection and Outreach Services in the amount of$19,200; (6)
Authorize the Mayor and City Clerk to execute the contracts, in forms approved by
the City Attorney.
The motion passed on the following roll call vote:
AYES: Alegria, Brooks, Cruikshank, and Mayor Duhovic
NOES: None
ABSENT: Dyda
At 7:51 P.M., Councilman Dyda returned to the dais.
PUBLIC HEARINGS:
None.
REGULAR BUSINESS:
1. Consideration and possible action to receive and file a presentation from the
Public Works Department on Hawthorne Boulevard Median Beautification
Project concepts.
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City Clerk Colborn reported that late correspondence was received and distributed prior
to the meeting.
Natalie Chan, Senior Engineer, presented a staff report and PowerPoint presentation.
Discussion ensued among Council Members and Staff.
Councilwoman Brooks moved, seconded by Mayor Pro Tem Cruikshank, to (1) Receive
and file a presentation from the Public Works Department; and (2) Directed Staff to
proceed with Option 1 design as amended: with less foliage/more hardscape/catch
basin screens included in the curve inlets; and Staff shall return with construction
estimates, landscape maintenance and watering costs.
The motion passed on the following roll call vote:
AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic
NOES: None
ABSENT: None
Mayor Duhovic called for a brief recess at 8:35 P.M. The meeting reconvened at 8:45
P.M.
2. Consideration and possible action to receive and file a presentation from the
Public Works Director on options for improvements to the parking lot at Hesse
Park and provide direction as to what options to pursue with NV5.
Elias Sassoon, Director of Public Works, presented a staff report and PowerPoint
presentation.
Discussion ensued among Council Members and Staff.
Councilman Dyda moved, seconded by Councilwoman Brooks, to (1) Receive and file
the report and presentation; and (2) Directed Staff to proceed with Option 3 design as
amended: moving trees as noted to parkway and out of parking lot area; to include the
use of pervious or permeable concrete/asphalt were applicable; reflective lighting as
noted; redesign of trash structures as to not be habitable in any form; include multiple
EV charging stations; use of trees or boulders to prevent drivers from entering
parkway; and wider parking stalls.
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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April 16, 2019
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3. Consideration and possible action to receive a status update from the Civic
Center Advisory Committee (CCAC).
City Manager Willmore presented a brief staff report.
The following member of the public addressed the City Council: Noel Park.
Discussion ensued among Council Members and Staff.
Mayor Duhovic moved, seconded by Councilwoman Brooks, for the CCAC to remain on
hiatus until a Federal decision on deed restrictions is made; thereafter create an ad-hoc
subcommittee who will work with the CCAC to address key points and priorities of the
Council; in the interim the ad-hoc committee will also meet with Chair Gerstner.
Discussion continued among Council Members and Staff.
Councilman Dyda made a substitute motion: while awaiting a Federal decision on deed
restrictions, the CCAC shall continue to meet during the regular scheduled meetings to
review the work plan and identify any deficiencies. Councilwoman Brooks offered a
friendly amendment to create an ad-hoc subcommittee comprised of Mayor Duhovic
and Councilwoman Brooks who will meet with Chair Gerstner and work with the CCAC
to address key points and priorities (fire station, onsite corporation yard). Councilman
Dyda accepted the amendment to the motion.
The motion passed on the following roll call vote:
AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic
NOES: None
ABSENT: None
Mayor Duhovic moved, seconded by Councilman Dyda, to extend the meeting to 10:45
P.M. Motion carried without objection.
CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER:
This item was removed by Councilman Dyda from the Consent Calendar for
separate consideration.
D. Consideration and possible action to award a Professional Services
Agreement to NV5, Inc. for design services associated with the Abalone Cove
Sanitary Sewer System Rehabilitation Program.
Discussion ensued among Council Members and Staff.
Councilman Dyda moved, seconded by Councilman Alegria, to (1) Award a professional
services agreement to NV5, Inc. ("NV5") for engineering design services for
rehabilitation of the Abalone Cove Sanitary Sewer Collection System, for an amount not
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April 16, 2019
Page 9 of 10
to exceed $48,005; and (2) Authorized the Mayor and City Clerk to execute the
Professional Services Agreement.
The motion passed on the following roll call vote:
AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic
NOES: None
ABSENT: None
FUTURE AGENDA ITEMS:
The following items were raised by Council Members as future agenda items:
Councilman Dyda requested the review of private property encroachments on City
property.
Councilman Alegria requested a Public Safety Plan update and an On-line Resource
Center and Green Building Codes report.
Mayor Pro Tem Cruikshank requested a report on a Fire Hazard Reduction Plan.
CITY COUNCIL ORAL REPORTS:
Each Council Member present reported on his/her attendance at various organization
and association meetings.
ADJOURNMENT:
At 10:39 P.M., Mayor Duhovic adjourned to 6:00 P.M. on May 7, 2019, for a Closed
Session meeting and 7:00 P.M. for a Regular meeting.
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April 16, 2019
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