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CC AGD 20190521 AGENDA RANCHO PALOS VERDES CITY COUNCIL MEETING TUESDAY, MAY 21, 2019 FRED HESSE COMMUNITY PARK, MCTAGGART HALL 29301 HAWTHORNE BOULEVARD, RANCHO PALOS VERDES 90275 6:00 P.M. – CLOSED SESSION – CANCELLED 7:00 P.M. – STUDY SESSION AND REGULAR MEETING NEXT RESOLUTION NO. 2019-16 NEXT ORDINANCE NO. 623 7:00 P.M. – STUDY 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: 7:00 P.M. – REGULAR MEETING CALL TO ORDER: Mayor Duhovic ROLL CALL: Councilman Alegria Councilwoman Brooks Councilman Dyda City Council Agenda May 21, 2019 Page 2 of 6 Mayor Pro Tem Cruikshank Mayor Duhovic PLEDGE OF ALLEGIANCE: To be announced CLOSED SESSION REPORT:   MAYOR’S ANNOUNCEMENTS: 1. Presentation to Peninsula Seniors 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 April 10, 2019, Budget Workshop and May 7, 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. City Council Agenda May 21, 2019 Page 3 of 6 D. 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 being filed on the project, and the contractor posting an acceptable warranty bond with the City. E. Consideration and possible action to participate in creating a new Peninsula Emergency Preparedness Committee, and appoint the members of the Regional Law Committee to this new committee. (Yap) Recommendation: (1) Authorize the City to participate in the creation of a new Peninsula Emergency Preparedness Committee; and (2) Appoint the members of the Regional Law Committee to the new Peninsula Emergency Preparedness Committee. F. Consideration and possible action to accept Gifts for Parks donations. (Hirsh) Recommendation: Accept Gifts for Parks donations and direct Staff to prepare donor letters of appreciation for the Mayor’s signature. G. Consideration and possible action to adopt Ordinance No. 622 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 excessive noise generated by mechanical equipment is a public nuisance. (Nemeth) Recommendation: Adopt Ordinance No. 622, 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 H. Consideration and possible action to authorize the City Clerk to file a Notice of Completion for the Annual Sidewalk Program FY 2017-18. (Eder) 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 United Irrigation, Inc., 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. (4) Alternately discuss and take other action related to this item. City Council Agenda May 21, 2019 Page 4 of 6 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 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). 1. Consideration and possible action to approve EDCO’s Residential Solid Waste and Recycling rate increase request for Fiscal Year 2019-20. (Ramezani) (20 mins.) Recommendation: Review and approve EDCO’s Residential Solid Waste and Recycling rate increase request of 3.3% for FY 2019-20. 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 regarding the Fiscal Year 2018-19 General Fund balance and budget adjustments, the FY 2019-20 Preliminary Budget and estimated fund balances for all funds, excluding Improvement Authorities. (Nguyen) (1 hour) Recommendation: (1) Approve FY 2018-19 budget adjustments based on the third quarter year-end estimates; and (2) Review and approve recommended changes to the Preliminary FY 2019-20 Budget; and (3) Determine that the utility users’ tax (UUT) rate of 3% continues to be a necessary revenue source for the City’s operating and capital improvements and that the current rate of 3% should be maintained; and (4) Determine that the golf tax of 10% continues to be a necessary revenue source for the City’s operating and capital improvements and that the current rate of 10% should be maintained. 3. Consideration and possible action to receive information related to the collection of business license tax from home occupancy businesses and businesses categorized as “outside businesses” and the potential modification to language in Section 5.04.050 of the Municipal Code. (Browning) (15 mins.) Recommendation: (1) Receive and file this report related to business license tax collected from home occupancy businesses and businesses categorized as “outside business”; (2) Eliminate the collection of business license tax from home occupancy businesses; and (3) Request that the City Attorney draft new language related to business license tax in all relevant sections of the Municipal Code. 4. Consideration and possible action to assign a Councilmember as a liaison to each City advisory board and the Planning Commission. (Colborn) (10 mins.) City Council Agenda May 21, 2019 Page 5 of 6 Recommendation: (1) Assign a Councilmember to each advisory board and the Planning Commission as a liaison; or (2) Alternately discuss and take other action related to this item. 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: Adjourn to 6:00 P.M. on June 4, 2019, for a Closed Session meeting and 7:00 P.M. for a Regular meeting. City Council Agenda May 21, 2019 Page 6 of 6 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 HO PALOS VERDES RANC 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 agenda for the Regular Meeting of the City Council for May 21, 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: 7 ID Ad- Dated: May 14, 2019 • t lerk L:A2019 CITY COUNCIL AGENDAS\2019 Affidavits of Postings\20190521 Affidavit of Posting Agendas.doc 30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 90275-5391 /(310)377-0360/Fax(310)544-5291 www.rpvca.gov