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CC AGD 20190507 (AMENDED) *AMENDED AGENDA RANCHO PALOS VERDES CITY COUNCIL MEETING TUESDAY, MAY 7, 2019 FRED HESSE COMMUNITY PARK, MCTAGGART HALL 29301 HAWTHORNE BOULEVARD, RANCHO PALOS VERDES 90275 6:00 P.M. – CLOSED SESSION 7:00 P.M. – REGULAR MEETING *THIS AGENDA HAS BEEN AMENDED TO ADD REGULAR BUSINESS ITEM NO. 4 NEXT RESOLUTION NO. 2019-14 NEXT ORDINANCE NO. 622 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 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 City Council Amended Agenda May 7, 2019 Page 2 of 8 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. RECESS TO CLOSED SESSION (FIRESIDE ROOM): ADJOURN TO REGULAR MEETING (MCTAGGART HALL): 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 ON NON-AGENDA ITEMS: During Public Comments any person may address the Council, provided that the item is within the subject matter jurisdiction o f 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 Council Amended Agenda May 7, 2019 Page 3 of 8 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 Coun cil may pull an item for discussion or clarification. Items pulled from the Consent Calendar by a Councilmember w ill be heard after the Regular Business section of the agenda, unless otherwise directed by the City Council. If a member of the public has requeste d 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 April 16, 2019, Regular City Council meeting. C. Register of Demands (Cullen) Recommendation: Adopt Resolution No. 2019-__, 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. (Lin) Recommendation: Receive and file 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. (Barnes/Buchwald) Recommendation: Receive and file 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 cri teria for Rule 20A funding. (Barnes) Recommendation: 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. City Council Amended Agenda May 7, 2019 Page 4 of 8 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. (Nemeth) Recommendation: Approve 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. (Chan) Recommendation: (1) Award a construction contract to Thomson, Inc. in the amount of $36,515; (2) Authorize 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) Authorize 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. (Eder) Recommendation: (1) Reject all bids received for the Western Avenue Corridor ALPR Project Phase 1; and (2) Direct 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. (Chan) Recommendation: (1) Accept the project as complete; (2) Authorize a budget reduction of $174,380 in the Beautification Fund and an increase in the Capital Improvement Fund of $174,380; (3) Authorize 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) Authorize 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. (Flannigan) Recommendation: (1) Accept the project as complete; (2) Authorize 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 Bond; and, (3) Authorize the Director of Public Works to release the 5% construction retention payment to Roy Allan Slurry Seal, Inc., 35 days after recordation of the Notice of Completion by the Los Angeles County Registrar-Recorder’s Office, contingent upon no claims City Council Amended Agenda May 7, 2019 Page 5 of 8 being filed on the project, and the contractor posting an acceptable warranty bond with the City. L. Consideration and possible action to amend the Rancho Palos Verdes Administrative Citation Fine Schedule for certain violations of the City’s Municipal Code. (Monroy) Recommendation: Adopt Resolution No. 2019-__, 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. (Colborn) Recommendation: Reject 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. (Yap) Recommendation: Authorize 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. (O’Neill) Recommendation: Authorize the purchase of 100 receptacles from Recycle Away Systems and Solutions. 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. PUBLIC HEARINGS: This section is for hearings that have been noticed, published, and/or mailed to property owners as required by law. The May or 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). 1. Consideration of proposed increases in the FY2019-20 Solid Waste and Recycling rates for residential customers of EDCO Disposal Corporation. (Ramezani) (5 mins.) City Council Amended Agenda May 7, 2019 Page 6 of 8 Recommendation: Continue Public Hearing to the May 21, 2019, City Council meeting. 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. 2. Consideration and possible action to amend Section 8.24.060 (Pr ohibited 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. (Nemeth) (20 mins.) Recommendation: Introduce Ordinance No. ___, 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 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. (Wynder) (1 hour 30 mins.) Recommendation: Receive and file this staff report, 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, and provide such direction to City Staff and the City Attorney regarding the same as the City Council deems appropriate. 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 (Mayor Duhovic) Recommendation: (1) Appoint a new Chair to the Civic Center Advisory Committee; (2) Assign a Councilmember to each City committee and the Planning Commission as a liaison; and (3) Direct committees and the Planning Commission to report to the City Council meeting bi-annually, at a minimum. 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: City Council Amended Agenda May 7, 2019 Page 7 of 8 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 re port 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: Adjourn to 6:00 P.M. on May 21, 2019, for a Closed Session meeting and 7:00 P.M. for a Regular meeting. City Council Amended Agenda May 7, 2019 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 decis ions 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 o f 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 succ eeding 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 agendas for the Regular Meetings of the City Council; Successor Agency for the Redevelopment Agency and the Improvement Authority for May 7, 2019, were 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: 0 .rte• Dated: April 30, 2019 141IMI'gk lea C y Clerk L:12019 CITY COUNCIL AGENDAS12019 Affidavits of Postings120190507 Affidavit of Posting Agendas.doc 30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 90275-5391 /(310)377-0360/Fax(310)544-5291 www.rpvca.gov /14!ik 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 May 7, 2019, 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: çq Dated: May 3, 2019 \ ar Any City Clerk 30940 HAWTHORNE BLVD./RANCHO PALOS VERDES,CA 90275-5391/(310)544-5217/FAX(310)544-5291/WWW.RPVCA.GOV