CC DM 20190521 B - 20190507 CC MINS DRAFTDRAFT
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
MAY 7, 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, Cruikshank, Dyda, and Mayor Duhovic
ABSENT: Brooks (excused)
Also present were Doug Willmore, City Manager; Gabriella Yap, Deputy 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.
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 two (2) cases.
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RECESS TO CLOSED SESSION (FIRESIDE ROOM):
At 6:05 P.M., the Council recessed to Closed Session.
ADJOURN TO REGULAR MEETING:
At 7:18 P.M. the Closed 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 7:20 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, Cruikshank, Dyda, and Mayor Duhovic
ABSENT: Brooks (excused)
Also present were Doug Willmore, City Manager; Gabriella Yap, Deputy City Manager;
William W. Wynder, City Attorney; Trang Nguyen, Deputy Director of Finance; Ara
Mihranian, Director of Community Development; Robert Nemeth, Associate Planner
Elias Sassoon, Director of Public Works; Cory Linder, Director of Recreation and Parks;
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 Max Delane.
CLOSED SESSION REPORT:
City Attorney Wynder reported that with regards to Closed Session No. 1, Council
approved a Settlement Agreement which will be available to the public once fully
executed; with regards to Closed Session No. 2, matter was discussed with no
reportable action taken; and with regards to Closed Session No. 3, direction was given
to the City Attorney and Staff to further explore strategies to avoid litigation.
MAYOR’S ANNOUNCEMENTS:
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Mayor Duhovic presented retired Air Force Lieutenant Colonel Dan Delane, a Rancho
Palos Verdes resident, with a proclamation honoring him for his decades of selfless
service to the United States.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
Mayor Duhovic announced the Recycle Winners for the April 16, 2019, City Council
meeting: Omid Safavian and Carol Fox. 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, Cruikshank, Dyda, and Mayor Duhovic
NOES: None
ABSENT: Brooks (excused)
PUBLIC COMMENTS:
The following members of the public addressed the City Council: Noel Weiss, Debbie
Landes, Joanna Jones-Reed, Sharon Loveys, Lori Brown, Judy Frankel, and Steve
Perestam.
CITY MANAGER REPORT:
City Manager Willmore announced the Kids to Parks Day on Saturday, May 18, 10:00
AM – 12:00 PM at Pointe Vicente Interpretive Center; and relayed information regarding
the recruitment to fill two seats on the Emergency Preparedness Committee, application
deadline is May 10 at 4:30 PM.
CONSENT CALENDAR:
City Clerk Colborn reported that late correspondence was distributed prior to the
meeting regarding Items F, G, H, K, and O.
Mayor Duhovic moved, seconded by Mayor Pro Tem Cruikshank, to approve the
Consent Calendar with Item K removed and to be heard at a future meeting.
The motion passed on the following roll call vote:
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AYES: Alegria, Cruikshank, Dyda, and Mayor Duhovic
NOES: None
ABSENT: Brooks (excused)
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 16, 2019, Regular City Council meeting.
C. Register of Demands
Adopted Resolution No. 2019-14, 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 regarding the March 2019 Cash
Balances/Monthly Treasurer’s Report.
Received and filed the March 2019 Cash Balances/Monthly Treasurer’s Report.
E. Consideration and possible action to receive and file an update on the South
Bay Cities Council of Governments’ proposed regional fiber-optic network for
South Bay municipal facilities.
Received and filed an update on the South Bay Cities Council of Governments’
proposed regional fiber-optic network for South Bay municipal facilities.
F. Consideration and possible action to receive and file a report on the City’s
submittal of a proposed conference resolution to the California Contract Cities
Association calling on the California Public Utilities Commission to factor fire
safety into criteria for Rule 20A funding.
Received and filed a report on the City’s submittal of a proposed conference
resolution to the California Contract Cities Association calling on the California
Public Utilities Commission to factor fire safety into criteria for Rule 20A funding.
G. Consideration and possible action to enter into a Professional Services
Agreement with ABCx2, LLC to analyze passenger jets flights over and around
the Rancho Palos Verdes airspace.
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Approved a Professional Services Agreement with ABCx2, LLC in the amount of
$30,500 to analyze passenger jets flights over and around the Rancho Palos Verdes
airspace.
H. Consideration and possible action to award a construction contract for the
Abalone Cove and Ryan Park Air Conditioning (AC) Improvements Project,
award a construction services agreement to Thomson, Inc. for $36,515, and
authorize a project contingency of $3,652.
(1) Awarded a construction contract to Thomson, Inc. in the amount of $36,515; (2)
Authorized the City Manager or Director of Finance to execute amendments up to an
additional 10% ($3,652) as a project contingency for potential unforeseen conditions;
and (3) Authorized the Mayor and City Clerk to execute the construction contract .
I. Consideration and possible action to reject all bids received for the Western
Avenue Corridor ALPR Project Phase 1 and re-advertise this project.
(1) Rejected all bids received for the Western Avenue Corridor ALPR Project Phase
1; and (2) Directed Staff to re-advertise the project as soon as possible.
J. Consideration and possible action to authorize the City Clerk to file a Notice of
Completion for the Palos Verdes Drive West Median Beautification (PVDW
Beautification) Project.
(1) Accepted the project as complete; (2) Authorized a budget reduction of $174,380
in the Beautification Fund and an increase in the Capital Improvement Fund of
$174,380; (3) Authorized the City Clerk to file a Notice of Completion for the project
with the Los Angeles County Registrar-Recorder’s Office; and if no claims are filed
within 35 days after recordation, send a notice to the surety company to exonerate
the Performance and Payment Bond; and, (4) Authorized the Director of Public
Works to release the 5% construction retention payment to United Irrigation, Inc.
DBA United GLI (United GLI), 35 days after recordation of the Notice of Completion
by the Los Angeles County Registrar-Recorder’s Office, 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 the City Clerk to file a Notice of
Completion for the Residential Street Rehabilitation Project Phase II, Area 8
Pavement Rehabilitation Project.
This item was pulled and will be heard at a future meeting.
L. Consideration and possible action to amend the Rancho Palos Verdes
Administrative Citation Fine Schedule for certain violations of the City’s
Municipal Code.
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Adopted Resolution No. 2019-15, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES AMENDING THE SCHEDULE OF
PENALTIES FOR ADMINISTRATIVE CITATIONS BY AMENDING THE FIRST AND
SECOND TIER OF FINES FOR CERTAIN VIOLATIONS OF THE CITY OF
RANCHO PALOS VERDES MUNICIPAL CODE, AND RESCINDING RESOLUTION
NO. 2017-11.
M. Consideration and possible action regarding a claim against the City by Tom
Barrett.
Rejected the claim and direct Staff to notify the claimant.
N. Consideration and possible action to authorize the City Manager or Deputy
City Manager to continue contract RPVtv services on a month-to-month basis
and approve invoices beyond their $25,000 authorization limit until the
agreements are negotiated.
Authorized the City Manager or Deputy City Manager to approve invoices beyond
their $25,000 limit for contract RPVtv services while agreements are being
negotiated.
O. Consideration and possible action to authorize the purchase of 20 trash
receptacles (13 for trash and 7 for recycling) for park facilities and 80 trash
receptacles (56 for trash and 24 for recycling) in and around the Palos Verdes
Nature Preserve from Recycle Away Systems and Solutions.
Authorized the purchase of 100 receptacles from Recycle Away Systems and
Solutions.
CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT:
None.
PUBLIC HEARINGS:
1. Consideration of proposed increases in the FY2019-20 Solid Waste and
Recycling rates for residential customers of EDCO Disposal Corporation.
City Clerk Colborn announced that Staff requests to continue the item to the May 21,
2019, City Council meeting.
Mayor Duhovic declared the public hearing open. W ith no requests to speak, Mayor
Duhovic declared the public hearing closed and continued the hearing to the May 21,
2019, City Council meeting.
REGULAR BUSINESS:
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2. Consideration and possible action to amend Section 8.24.060 (Prohibited
Activities and Unlawful Conditions) of Chapter 8.24 (Property Maintenance) of
Title 8 (Health and Safety) of the City’s Municipal Code finding that excessive
noise generated by mechanical equipment is a public nuisance.
Robert Nemeth, Associate Planner, presented a brief staff report and PowerPoint
presentation.
Discussion ensued among Council Members and Staff.
Mayor Duhovic moved, seconded by Councilmember Dyda, to introduce Ordinance No.
623, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING
SECTION 8.24.060 (PROHIBITED ACTIVITIES AND UNLAWFUL CONDITIONS) OF
CHAPTER 8.24 (PROPERTY MAINTENANCE) OF TITLE 8 (HEALTH AND SAFETY)
OF THE CITY’S MUNICIPAL CODE FINDING THAT MECHANICAL EQUIPMENT
GENERATING NOISE LEVELS IN EXCESS OF 65DBA AT THE CLOSEST
PROPERTY LINE IS A PUBLIC NUISANCE; and directed Staff to report back
periodically with a status report.
The motion passed on the following roll call vote:
AYES: Alegria, Cruikshank, Dyda, and Mayor Duhovic
NOES: None
ABSENT: Brooks (excused)
At this time, Councilmember Dyda requested that Item No. 4 be heard next.
Councilman Dyda moved, seconded by Councilman Alegria, to re-order the agenda and
move to Item No. 4. Without objection, Mayor Duhovic so ordered.
4. Consideration and possible action to appoint a new chair to the Civic Center
Advisory Committee (CCAC), assign a Councilmember as a liaison to each
City committee and the Planning Commission, and direct committees and the
Planning Commission to report to the City Council bi-annually.
City Clerk Colborn reported that there was a request to speak.
Doug Willmore, City Manager, presented a staff report.
The following member of the public addressed the City Council: Minas Yerelian.
Discussion ensued among Council Members and Staff.
At the conclusion of the discussion, the Council: (1) appointed Carolynn Petru as the
new CCAC Chair; and (2) directed all advisory boards and the Planning Commission to
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report on activities at a Council meeting bi-annually, with the Chair and/or Vice-Chair
present. Without objection, Mayor Duhovic so ordered.
Assigning a Councilmember as a liaison to each advisory board and the Planning
Commission will be discussed at a future meeting.
Mayor Duhovic called for a brief recess at 8:28 P.M. The meeting reconvened at 8:39 P.M.
Per the re-order of the agenda, Mayor Duhovic moved to Item No. 3.
3. Consider the implications of, possible advantages of, and possible
disadvantages of the City of Rancho Palos Verdes further exploring whether to
become a charter city.
City Clerk Colborn reported that late correspondence was received and distributed prior
to the meeting and there were requests to speak.
City Attorney Wynder presented a staff report.
The following members of the public addressed the City Council: Ed Duenes, Roger
Schamp, and Minas Yerelian.
Discussion ensued among Council Members and Staff.
Councilman Dyda moved, seconded by Mayor Duhovic, to (1) receive and file report
with no further action at this time; and (2) direct the City Attorney to report back on
research as it pertains to other remedies as discussed.
The motion passed on the following roll call vote:
AYES: Alegria, Cruikshank, Dyda, and Mayor Duhovic
NOES: None
ABSENT: Brooks (excused)
CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER:
None.
FUTURE AGENDA ITEMS:
Mayor Duhovic requested a report on the Brush Clearance Program.
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 9:46 P.M., Mayor Duhovic adjourned to 6:00 P.M. on May 21, 2019, for a Closed
Session meeting and 7:00 P.M. for a Regular meeting.
/s/ Jerry V. Duhovic
Mayor
Attest:
/s/ Emily Colborn
City Clerk