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CC DM 20190319 B - 20190219 CC MINS DRAFTDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING FEBRUARY 19, 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; 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) a. Name of case: Mark J. Doddy v. City of Palos Verdes [sic]; L.A. Superior Court, Case No. YC072950 b. Name of Case: City of San Jose, et al. v. Federal Communications Commission, 18-9563 (Ninth Circuit Court of Appeals) 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 two (2) cases. DRAFT - City Council Minutes February 19, 2019 Page 2 of 9 RECESS TO CLOSED SESSION (FIRESIDE ROOM): At 6:06 P.M., the Council recessed to Closed Session. RECONVENE TO STUDY SESSION (MCTAGGART HALL): At 7:05 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. Mayor Pro Tem Cruikshank moved, seconded by Councilwoman Brooks, 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. DRAFT - City Council Minutes February 19, 2019 Page 3 of 9 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; 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 Mayor Pro Tem Cruikshank. CLOSED SESSION REPORT: City Attorney Wynder reported that with regards to Closed Session No. 1(a), parties have reached a settlement in principal subject to the same being reduced to a written settlement agreement and approved and administered by the court; and with regards to Closed Session Nos. 1(b) and 2, matters were discussed with no reportable action taken. MAYOR’S ANNOUNCEMENTS: Mayor Duhovic welcomed Boy Scout Darren Cannich from Troop 586 who was present to observe the meeting as part of his Citizenship to the Community badge. Mayor Duhovic also shared two letters received from residents commending the City Council and Staff for their service and work. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Duhovic announced the Recycle Winners for the January 15, 2019, City Council meeting: Juliet Swoboda and Herbert Lin and winners for the February 5, 2019, canceled meeting: Jacques Linder and Linda Arias. 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 value d at $60.00. APPROVAL OF THE AGENDA: Councilman Dyda moved, seconded by Councilwoman Brooks, to approve the agenda as presented. DRAFT - City Council Minutes February 19, 2019 Page 4 of 9 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, Peggy Costello, Noel Park, Debbie Landes, Sharon Loveys, Lori Brown, and Joanna Jones- Reed. CITY MANAGER REPORT: City Manager Willmore announced the following: City submitted comments regarding Southern California Edison’s Wildfire Mitigation Program; reported on the completion of the newly installed 300 feet fence at the coastal bluff area and the tree trimming project at PVIC. CONSENT CALENDAR: Councilwoman Brooks moved, seconded by Councilman Alegria, to approve the Consent Calendar as presented. 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 18, 2018, and January 15, 2019. C. Register of Demands (1) Adopted Resolution No. 2019-03, 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 Run 01/11/19); and (2) Adopted Resolution No. 2019-04, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS DRAFT - City Council Minutes February 19, 2019 Page 5 of 9 VERDES, ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. (Check Run 01/25/19) D. Consideration and possible action regarding the November 2018 Cash Balances/ Monthly Treasurer’s Report. Received and filed the report. E. Consideration and possible action regarding the December 2018 Cash Balances/ Monthly Treasurer’s Report. Received and filed the report. F. Consideration and possible action to adopt Ordinance No. 617 repealing and replacing Chapter 8.04 (Health Code) of Title 8 (Health and Safety) of the Rancho Palos Verdes Municipal Code to implement Chapter 11.38 of the Los Angeles County Health and Safety Code as it relates to Onsite Wastewater Treatment Systems (Case No. PLCA2019-0001). Adopted Ordinance No. 617, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES TO REPEAL AND REPLACE MUNICIPAL CODE SECTI ON 8.04.010 (ADOPTION OF LOS ANGELES COUNTY HEALTH AND SAFETY CODE) TO IMPLEMENT CHAPTER 11.38 OF THE LOS ANGELES COUNTY HEALTH AND SAFETY CODE RELATED TO ONSITE WASTEWATER TREATMENT SYSTEMS (CASE NO. PLCA2019-0001). G. Consideration and possible action to receive and file a status report on the enforcement of the City’s prohibition of short-term rentals. Received and filed the report. H. Consideration and possible action to authorize the City Clerk to file a Notice of Completion for the Residential Street Rehabilitation Project Phase I, Area 8 PCC Improvements and AC Repairs Project, Project #022417 and authorize a budget transfer by decreasing the Capital Improvement Fund by $2,000,000 and increasing the Measure R Fund by $2,000,000. (1) Accepted the project as complete; (2) Authorized a budget transfer by decreasing $2,000,000 in the Capital Improvement Fund and increasing $2,000,000 in the Measure R Fund; (3) Authorized the City Clerk to file a Notice of Completion for the project with the Los Angeles County Recorder; and if no claims are filed within 35 days after recordation, send a notice to the surety company to exonerate the Performance Bond; and (4) Authorized the Director of Public Works to release the 5% construction retention payment to Hardy & Harper, Inc., 35 days after recordation of the Notice of Completion by the Los Angeles County Recorder, contingent upon no claims being filed on the project, and the contractor posting an acceptable warranty bond with the City. DRAFT - City Council Minutes February 19, 2019 Page 6 of 9 I. Consideration and possible action to award a contract for construction of the Americans with Disabilities Act (ADA) Access Improvements – Crosswalks in Area 1 Project (Area 1 Project), to award a professional services agreement for inspection services, and to allocate additional appropriations for the CDBG program projects. (1) Approved the construction plans and contract documents for the ADA Improvements – Crosswalks in Area 1 Project, which are on file in the Department of Public Works; and, (2) Awarded a construction contract to Hardy & Harper, Inc. in the amount of $123,800 and authorize the City Manager or Director of Finance to execute an amendment for construction contingency of 10% ($12,380) if needed; and, (3) Awarded a professional services agreement to Sunbeam Consulting, Inc. in the amount of $7,680 for construction inspection and authorize the City Manager or Director of Finance to execute an amendment for inspection contingency of 10% ($770) if needed; and, (4) Authorized the Mayor and City Clerk to execute the Construction and Professional Services Agreements, subject to approval as to form by the City Attorney; and, (5) Authorized the additional appropriations in the amount of $102,079 for Area 1 and $119,666 for Area 9 Project. J. Consideration and possible action to execute a Household Hazardous Waste Collection Program Siting Liability Agreement. Authorized the Mayor to execute a Household Hazardous Waste Collection Program Siting Liability Agreement with the County of Los Angeles and County Sanitation District No. 2. K. Consideration and possible action to receive and file FY 2019-20 Budget Development Calendar. Received and filed FY 2019-20 Budget Development Calendar. L. Consideration and possible action to receive and file the FY17-18 Comprehensive Annual Financial Report (CAFR) of the City of Rancho Palos Verdes. Received and filed the FY17-18 Comprehensive Annual Financial Report (CAFR) of the City of Rancho Palos Verdes and the Statements on Auditing Standards (SAS) 114 Letter from Independent Auditors to Those Charged with Governance. M. Establish permit parking on Park Place for the Park Place HOA. Adopted Resolution No. 2019-05, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING THE PARK PLACE NEIGHBORHOOD PARKING PERMIT PROGRAM. N. Consideration and possible action to award a professional services agreement for civil engineering services regarding the Storm Drain Deficiency Improvement Program (SDDIP), Year Two. DRAFT - City Council Minutes February 19, 2019 Page 7 of 9 (1) Awarded a professional services contract to DCA Civil Engineering Group for civil engineering study and design services for Year 2 projects identifi ed in the Storm Drain Deficiency Improvement Program, in an amount not to exceed $243,519; and, (2) Authorized the Mayor and City Clerk to execute a professional services agreement with DCA Civil Engineering Group, pending final approval as to form by the City Attorney. O. Consideration and possible action to consider participating in the multi- jurisdictional notification system South Bay pilot program. Authorized the City Manager or Finance Director to appropriate additional funding for the pilot program. P. Consideration and possible action to accept Gifts for Parks donations. Accepted Gifts for Parks donations and direct Staff to prepare donor letters of appreciation for the Mayor’s signature. Q. Consideration and possible action to receive and file the FY 2018-19 Mid-year Financial Report and year-end estimates. Received and filed the FY 2018-19 Mid-year Financial Report. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: None. PUBLIC HEARINGS: None. REGULAR BUSINESS: 1. Consideration and possible action to amend Chapter 2.14 (Approval and Execution of Contracts), Chapter 2.42 (Public Projects) and Chapter 2.44 (Purchasing System) of the Rancho Palos Verdes Municipal Code. City Clerk Colborn reported that there were no requests to speak. Deborah Cullen, Director of Finance, presented a brief staff report and PowerPoint presentation. Discussion ensued among Council Members and Staff. Councilwoman Brooks moved, seconded by Mayor Pro Tem Cruikshank, to introduce Ordinance No.619, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 2.14 (APPROVAL AND EXECUTION OF CONTRACTS), DRAFT - City Council Minutes February 19, 2019 Page 8 of 9 CHAPTER 2.42 (PUBLIC PROJECTS), AND CHAPTER 2.44 (PURCHASING SYSTEM) OF THE RANCHO PALOS VERDES MUNICIPAL CODE. 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 appoint members to various advisory boards. Ballots were distributed to appoint members to various City advisory boards. Votes were tallied for each board and the votes of each Council Member were announced. By majority vote of Council, the following members were appointed: Ron Santarosa was appointed to the Planning Commission for a partial term to expire on 12/03/2019. George Lewis, John MacAllister, and Donald Seal were appointed to the Finance Advisory Committee for a four-year term to expire on 02/20/2023. Julie Ann Hamill and John Tye were appointed to the Traffic Safety Committee for a four-year term to expire on 02/20/2023. Jennifer Boudreau, Donald Campbell, and Diane Robinson were appointed to the Emergency Preparedness Committee for a four-year term to expire on 02/20/2023. Peter Shaw, Jon Spain, Tina Vargas, and Lowell Wedemeyer were appointed to the Infrastructure Management Advisory Committee for a four-year term to expire on 02/20/2023. John Spielman was appointed for a partial term to expire on 12/20/2020. 3. Consideration and possible action to receive and file a report on Senate Bill 50 and its potential impacts on the City. City Clerk Colborn reported there was a request to speak. William Wynder, City Attorney, presented a staff report. The following member of the public addressed the City Council: Noel Weiss. Discussion ensued among Council Members and Staff. Councilwoman Brooks moved, seconded by Councilman Dyda, to submit a letter opposing the bill. Motion carried without objection. DRAFT - City Council Minutes February 19, 2019 Page 9 of 9 4. Consideration and possible action to review and approve the revised draft Council Goals to update and replace the former 2014 Council Goals. City Clerk Colborn reported that there were no requests to speak. Gabriella Yap, Deputy City Manager, presented a brief staff report. Discussion ensued among Council Members and Staff. Councilmember Dyda moved, seconded by Councilmember Alegria, to approve the revised draft Council Goals as amended. A final draft will be presented at the March 3, 2019, meeting. 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: The following items were raised by Council Members as future agenda items: Councilwoman Brooks requested that all Advisory Board Member terms be adjusted to expire on the same date in an effort to make the recruitment process more efficient. Councilmember Dyda requested a report on unfunded pension liability. CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. ADJOURNMENT: At 10:09 P.M., Mayor Duhovic adjourned to 6:00 P.M. on March 5, 2019, for a Closed Session meeting and 7:00 P.M. for a Regular meeting.