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CC MINS 20190521 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MAY 21, 2019 CALL TO ORDER: A Regular meeting of the Rancho Palos Verdes City Council was called to order by Mayor Duhovic at 7:11 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; Deborah Cullen, Director of Finance; Trang Nguyen, Deputy Director of Finance; Ara Mihranian, Director of Community Development; Elias Sassoon, Director of Public Works; Lauren Ramezani, Senior Administrative Analyst; 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 Sheriffs Department. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Ann Shaw. 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 MAYOR'S ANNOUNCEMENTS: Mayor Duhovic presented Ann Shaw with Peninsula Seniors with a proclamation celebrating the opening of the Peninsula Seniors Scriba Family Center. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Duhovic announced the Recycle Winners for the May 7, 2019, City Council meeting: George Tanaka and Norma Crook. 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: Councilwoman Brooks moved, seconded by Councilman Alegria, to approve the agenda as presented. 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: Carmelo Sorce, Edward Zack, Noel Weiss, David Walbeck, Mickey Rodich, Joanna Jones-Reed, Debbie Landes, Sharon Loveys, Lori Brown, and Judy Frankel. CITY MANAGER REPORT: City Manager Willmore reported on the Public Safety quarterly report and congratulated and commended Ara Mihranian, Director of Community Development, for his recent recognition by the Los Angeles County Board of Supervisors for his contributions to the Armenian community in Los Angeles County. CONSENT CALENDAR: City Council Minutes May 21, 2019 Page 2 of 8 City Clerk Colborn that there was a request to speak on Item G. Mayor Duhovic moved, seconded by Councilman Dyda, to approve the Consent Calendar with Item G removed and to be heard immediately after the Consent Calendar. 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 10, 2019, Budget Workshop and May 7, 2019, Regular City Council meeting. C. Register of Demands Adopted Resolution No. 2019-16, 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 to authorize the City Clerk to file a Notice of Completion for the Residential Street Rehabilitation Project Phase II, Area 8 Pavement Rehabilitation Project. (1) Accepted the project as complete; (2) 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 Bond; and, (3) Authorized 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. City Council Minutes May 21, 2019 Page 3 of 8 (1) Authorized the City to participate in the creation of a new Peninsula Emergency Preparedness Committee; and (2) Appointed 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. Accepted 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. This item was removed from the Consent Calendar for separate consideration. H. Consideration and possible action to authorize the City Clerk to file a Notice of Completion for the Annual Sidewalk Program FY 2017-18. (1) Accepted the project as complete; (2) 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 Bond; and, (3) Authorized 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. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: 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. This item was removed from the Consent Calendar for separate consideration. City Clerk Colborn reported that there was a request to speak. The following member of the public addressed the City Council: Mickey Rodich. Discussion ensued among Council Members and Staff. Councilman Alegria moved, seconded by Councilman Dyda, to adopted Ordinance No. 622, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING SECTION 8.24.060 (PROHIBITED ACTIVITIES AND UNLAWFUL CONDITIONS) OF City Council Minutes May 21, 2019 Page 4 of 8 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 The motion passed on the following roll call vote: AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic NOES: None ABSENT: None ABSTAINED: Brooks Councilwoman Brooks requested to hear Agenda Item No. 4 after Item No. 1. Without objection, Mayor Duhovic so ordered. PUBLIC HEARINGS: 1. Consideration and possible action to approve EDCO's Residential Solid Waste and recycling rate increase request for Fiscal Year 2019-20. City Clerk Colborn reported that notice of the public hearing was duly published and there was a request to speak. Mayor Duhovic declared the public hearing open. Lauren Ramezani, Senior Administrative Analyst, presented a brief staff report and PowerPoint presentation. The following member of the public addressed the City Council: Minas Yerelian. With no other requests to speak, Mayor Duhovic declared the public hearing closed. Discussion ensued among Council Members and Staff. Mayor Pro Tem Cruikshank moved, seconded by Councilmember Alegria, to approve EDCO's Residential Solid Waste and Recycling rate increase request of 3.3% for FY 2019-20. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic NOES: None ABSENT: None Mayor Duhovic moved to Item No. 4. REGULAR BUSINESS: City Council Minutes May 21, 2019 Page 5 of 8 4. Consideration and possible action to assign a Councilmember as a liaison to each City advisory board and the Planning Commission. City Clerk Colborn reported that there was a request to speak. Mayor Duhovic moved to waive the staff report on this item. Without objection, Mayor Duhovic so ordered. The following members of the public addressed the City Council: Mickey Rodich. Discussion ensued among Council Members and the following assignments were made: 1. Civic Center Advisory Committee — Mayor Duhovic and Councilwoman Brooks 2. Emergency Preparedness Committee — Councilwoman Brooks 3. Finance Advisory Committee — Councilman Alegria 4. Infrastructure Management Advisory Committee — Mayor Pro Tem Cruikshank 5. Traffic Safety Committee — Mayor Pro Tem Cruikshank/Mayor Duhovic (Alternate) 6. Planning Commission — Councilmember Dyda Without objection, Mayor Duhovic so ordered. Mayor Duhovic called for a brief recess at 8:35 P.M. The meeting reconvened at 8:50 P.M. 2. Consideration and possible action regarding the Fiscal Year 2018-19 General Fund balance and budget adjustments, the FY 2019-a20 Preliminary Budget and estimated fund balances for all funds, excluding Improvement Authorities. Deborah Cullen, Director of Finance, presented a staff report and PowerPoint presentation. Discussion ensued among Council Members and Staff. Councilwoman Brooks moved, seconded by Councilman Alegria, to approve pursuing the preserve public safety initiative. The motion passed by voice vote. At 9:10 P.M., Councilwoman Brooks excused herself for the remainder of the meeting and left the dais. Discussion continued among Council Members and Staff. Councilman Alegria moved, seconded by Councilman Dyda, to (1) Approve FY 2018-19 budget adjustments based on the third quarter year-end estimates; and (2) Approve recommended changes to the Preliminary FY 2019-20 Budget; and (3) Determined 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) Determined that the golf tax of 10% continues to be a necessary City Council Minutes May 21, 2019 Page 6 of 8 revenue source for the City's operating and capital improvements and that the current rate of 10% should be maintained. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, and Mayor Duhovic NOES: None ABSENT: Brooks 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. Councilman Alegria moved to waive the staff report on this item. Without objection, Mayor Duhovic so ordered. Discussion ensued among Council Members and Staff. Mayor Pro Tem Cruikshank moved, seconded by Councilman Alegria, to (1) Receive and file the 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) Directed that the City Attorney draft new language related to business license tax in all relevant sections of the Municipal Code. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, and Mayor Duhovic NOES: None ABSENT: Brooks CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER: None. FUTURE AGENDA ITEMS: None. CITY COUNCIL ORAL REPORTS: City Council Minutes May 21, 2019 Page 7 of 8 Each Council Member present reported on his/her attendance at various organization and association meetings. ADJOURNMENT At 10:02 P.M., Mayor Duhovic adjourned to 6:00 P.M. on June 4, 2019, for a Closed Session meeting and 7:00 P.M. for a Regular meeting. -.is I � Ow, witv ayor Attest: City Clerk City Council Minutes May 21, 2019 Page 8 of 8