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CC DM 20190820 B - 20190716 CC MINS DRAFTDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JULY 16, 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 6:08 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; Elena Gerli, Assistant City Attorney; Teresa Takaoka, Deputy City Clerk; and Emily Colborn, City Clerk. PUBLIC COMMENTS: None. CLOSED SESSION ITEMS ANNOUNCED: Assistant City Attorney Gerli announced the items to be discussed in Closed Session. 1. 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. 2. POTENTIAL LITIGATION AGAINST THE CITY GC 54956.9(d)(2) and (e)(1) Based on facts and circumstances that might result in litigation against the City, but which the City believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed. RECESS TO CLOSED SESSION (FIRESIDE ROOM): At 6:09 P.M., the Council recessed to Closed Session. Draft - City Council Minutes July 16, 2019 Page 2 of 11 RECONVENE TO STUDY SESSION (MCTAGGART HALL): At 7:13 P.M., the Council reconvened the meeting for a Study Session. STUDY SESSION CALL TO ORDER: Mayor Duhovic called to order the Study Session at 7:18 P.M. City Council roll call was answered as follows: PRESENT: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic ABSENT: None 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 Mayor Pro Tem Cruikshank, 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 7:20 P.M. the Study Session was adjourned to the Regular meeting. Draft - City Council Minutes July 16, 2019 Page 3 of 11 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, Brooks, Cruikshank, Dyda, and Mayor Duhovic ABSENT: None Also present were Doug Willmore, City Manager; Gabriella Yap, Deputy City Manager; Elena Gerli, Assistant City Attorney; Deborah Cullen, Director of Finance; Ara Mihranian, Director of Community Development; Octavio Silva, Senior Planner; Elias Sassoon, Director of Public Works; Ron Dragoo, Principal Engineer; James O’Neill, Engineering Assistant; Cory Linder, Director of Recreation and Parks; Daniel Trautner, Deputy Director of Recreation and Parks; Matt Waters, Senior Administrative Analyst; Teresa Takaoka, Deputy City Clerk; and Emily Colborn, City Clerk. Also present was Deputy Reece Souza, Lomita Station, Los Angeles County Sheriff’s Department. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Emily Colborn, City Clerk. CLOSED SESSION REPORT: Assistant City Attorney Gerli reported that with regards to Closed Session Nos. 1 and 2, matters were discussed with no reportable action taken. MAYOR’S ANNOUNCEMENTS: Mayor Duhovic and the City Council honored Retired United States Army Colonel Arthur W. Fleming, M. D. with a proclamation for his service to our country. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Duhovic announced the Recycle Winners for the June 18, 2019, City Council meeting: Pauline Alward and Phyliss & Michael Flannigan. Two more winners were selected for the July 2, 2019, City Council meeting (canceled): Lois Brown and Jason Parks. Mayor Duhovic 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. Draft - City Council Minutes July 16, 2019 Page 4 of 11 APPROVAL OF THE AGENDA: Councilman Dyda moved, seconded by Councilwoman Brooks, 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: Dale Spiegal, Kathy Campbell, Sharon Jang, Debbie Landes, Joanna Jones-Reed, Nadia G., Lori Brown, Noel Weiss, and Mr. Foust. CITY MANAGER REPORT: City Manager Willmore announced the following: relayed information regarding the need for resident participants for the peafowl trapping program; Concert in the Park, July 27 12:00 p.m. – 4:00 p.m., Point Vicente Park Civic Center; and Letter of Support to Senator Feinstein regarding regulations of wireless facilities and local control. CONSENT CALENDAR: City Clerk Colborn reported that late correspondence was distributed prior to the meeting regarding Item H and there were requests to speak on Items D and F. Councilwoman Brooks moved, seconded by Councilman Alegria, to approve the Consent Calendar with Items D and F 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. Draft - City Council Minutes July 16, 2019 Page 5 of 11 B. Approval of Minutes Approved the Minutes of the June 4, 2019, and June 18, 2019, Regular City Council meetings. C. Register of Demands (1) Adopted Resolution No. 2019-31, 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 date: 06/14/19); and (2) Adopted Resolution No. 2019-32, 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 date: 06/28/19) D. Consideration and possible action to award a professional services agreement to Telecom Law Firm to perform technical and legal analysis of wireless projects submitted to the City This item was removed from the Consent Calendar for separate consideration. E. Consideration and possible action to approve a donation of various surplus information technology equipment to the Palos Verdes Peninsula Unified School District Approved a donation of various surplus information technology equipment to the Palos Verdes Peninsula Unified School District. F. Consideration and possible action to reject all bids for the Information Technology Services and Support Request for Proposals (RFP) issued on April 23, 2019, and approve entering into a new, four-year agreement with the current Managed IT Services Provider, Prosum Inc. This item was removed from the Consent Calendar for separate consideration. G. Consideration and possible action to amend chapter 5.04 (Business Licenses) of the Rancho Palos Verdes Municipal Code Introduced Ordinance No. 623, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADDING SECTION 5.04.015 (INTENT), AND AMENDING SECTIONS 5.04.050 (LICENSE AND TAX PAYMENT REQUIRED), 5.04.070 (EVIDENCE OF DOING BUSINESS), 5.04.090 (EXEMPTIONS), AND 5.04.440 (ANNUAL CHANGE OF BUSINESS LICENSE TAX) OF CHAPTER 5.04 Draft - City Council Minutes July 16, 2019 Page 6 of 11 (BUSINESS LICENSES) OF TITLE 5 (BUSINESS TAXES, LICENSES AND REGULATIONS), RELATING TO BUSINESS LICENSE TAXES. H. Consideration and possible action to award a contract for construction of the Access Improvements – Area 9 Project and a professional services agreement for inspection services (1) Approved the construction plans and contract documents for the ADA Improvements – Crosswalks in Area 9 Project, which are on file in the Department of Public Works; (2) Awarded a construction contract to Hardy & Harper, Inc. in the amount of $103,152; (3) Awarded a professional services contract for construction management and inspection to Sunbeam Consulting, Inc. in the amount of $10,240; (4) Authorized the City Manager or Director of Finance to execute an amendment for up to an additional 10% ($10,315) as a project contingency for potential unforeseen conditions; and (5) Authorized the Mayor and City Clerk to execute the Construction Agreement, subject to approval as to form by the City Attorney. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: D. Consideration and possible action to award a professional services agreement to Telecom Law Firm to perform technical and legal analysis of wireless projects submitted to the City 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. Councilwoman Brooks moved, seconded by Mayor Pro Tem Cruikshank, to award a professional services agreement to Telecom Law Firm for a not-to-exceed amount of $200,000 for technical and legal analysis of wireless projects submitted to the City. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic NOES: None ABSENT: None F. Consideration and possible action to reject all bids for the Information Technology Services and Support Request for Proposals (RFP) issued on April 23, 2019, and approve entering into a new, four-year agreement with the current Managed IT Services Provider, Prosum Inc. 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. Draft - City Council Minutes July 16, 2019 Page 7 of 11 Mayor Duhovic moved, seconded by Councilman Alegria, to reject all bids for the Information Technology Services and Support RFP issued on April 23, 2019; and (2) Authorizes the Mayor and City Clerk to execute a four-year contract with Prosum, Inc. for Managed IT Services. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic NOES: None ABSENT: None PUBLIC HEARINGS: 1. Consideration and possible action to approve setting at zero the annual levy and assessments of the existing Citywide Landscaping and Lighting Maintenance District for Fiscal Year 2018-19 City Clerk Colborn reported that notice of the public hearing was duly published and no written protest were received. Mayor Duhovic declared the public hearing open. Mayor Duhovic moved to waive the staff report on this item. Without objection, Mayor Duhovic so ordered. With no requests to speak, Mayor Duhovic declared the public hearing closed. Discussion ensued among Council Members and Staff. Councilwoman Brooks moved, seconded by Councilman Dyda, to (1) Conduct the public hearing on the proposed levy of the annual FY 19-20 Citywide Landscaping and Lighting Maintenance District; and (2) Adopt Resolution No. 2019-33, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, DECLARING ITS INTENTION TO SET THE LEVY AT ZERO WITHIN THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 2019-2020 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic NOES: None ABSENT: None Draft - City Council Minutes July 16, 2019 Page 8 of 11 2. Consideration and possible action to adopt an adjustment to the existing annual sewer service charge for the Abalone Cove Sewer System City Clerk Colborn reported that notice of the public hearing was duly published and no written protest was received. Mayor Duhovic declared the public hearing open. Ron Dragoo, Principal Engineer, presented a brief staff report and PowerPoint presentation. With no requests to speak, Mayor Duhovic declared the public hearing closed. Discussion ensued among Council Members and Staff. Councilwoman Brooks moved, seconded by Councilman Dyda, to (1) Conduct the public hearing on the proposed levy of the annual Fiscal Year 2019 -20 sewer service charge for the Abalone Cove Sewer System ; and (2) Adopt Resolution No. 2019-34 RESOLUTION NO. 2019-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING A REPORT IN CONNECTION WITH THE SEWER SERVICE CHARGE ESTABLISHED PURSUANT TO CHAPTER 13.06 OF THE RANCHO PALOS VERDES MUNICIPAL CODE, DETERMINING THE AMOUNT OF SUCH CHARGE FOR FISCAL YEAR 2019-20, AND ORDERING THAT SUCH CHARGE BE COLLECTED ON THE TAX ROLL The motion passed on the following roll call vote: AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic NOES: None ABSENT: None Mayor Duhovic called for a brief recess at 8:14 P.M. The meeting reconvened at 8:27 P.M. REGULAR BUSINESS: 3. Consideration and possible action to receive and file a presentation on expanded wildfire prevention efforts within City-owned properties, and authorization of additional funding related to those additional efforts City Clerk Colborn reported that late correspondence was received and distributed prior to the meeting. James O’Neill, Engineering Assistant, presented a staff report and PowerPoint presentation. Discussion ensued among Council Members and Staff. Draft - City Council Minutes July 16, 2019 Page 9 of 11 Councilwoman Brooks moved, seconded by Mayor Pro Tem Cruikshank, to (1) Receive and file a presentation on a Fuel Modification Plan for City-owned properties in order to expand wildfire prevention efforts on a regular basis; (2) Approve an additional appropriation of $50,000 to fund monitoring of protected flora and fauna by the Palos Verdes Peninsula Land Conservancy and/or a City-approved biologist related to fuel modification; (3) Approve an amendment to the Professional Services Agreement with Stay Green Inc. in a form approved by the City Attorney’s office; (4) Approve an amendment to the Professional Services Agreement with Hardy and Harper to scarify and compact the Burma Road Trail; (5) Approve an additional appropriation of $24,700 to fund the additional services to be performed by Hardy & Harper, Inc. for the related Burma Road Trail repairs; and (6) No action on a budget appropriation of $200 ,000 to expand the removal of non-native vegetation to further reduce fuel load within the Palos Verdes Nature Preserve. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic NOES: None ABSENT: None 4. Consideration and possible action to receive a report on the City’s green building and environmental programs and practices City Clerk Colborn reported that late correspondence was received and distributed prior to the meeting. Octavio Silva, Senior Planner, presented a staff report and PowerPoint presentation. Discussion ensued among Council Members and Staff. Councilwoman Brooks moved, seconded by Councilman Alegria, to (1) Receive and file a report on the City’s green building and environmental programs and practices available to the public; and (2) Initiate code amendment proceedings to Chapter 17.83 (Green Building Construction) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code to update the green building standards and processing requirements. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic NOES: None ABSENT: None 5. Consideration and possible action to introduce an ordinance revising the Special Event Permit process City Clerk Colborn reported that late correspondence was received and distributed prior to the meeting and there was a request to speak. Draft - City Council Minutes July 16, 2019 Page 10 of 11 Dan Trautner, Deputy Director of Recreation and Parks, presented a staff report and PowerPoint presentation. The following member of the public addressed the City Council: Mickey Rodich. Discussion ensued among Council Members and Staff. Councilman Dyda moved, seconded by Mayor Duhovic, to not introduce the ordinance presented and provide direction to Staff to revise the ordinance per Council’s comments, concerns, and suggestions. 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 extend the meeting to 11:00 P.M. Without objection, Mayor Duhovic so ordered. 6. Consideration and possible action to introduce an ordinance and waive first reading banning the possession and consumption of alcohol in City facilities, and the consumption of alcohol in public places; and revise an ordinance to eliminate the current language allowing smoking in designated areas in City facilities and expand the City’s prohibition on smoking to in or within 20 feet of City facilities Matt Waters, Senior Administrative Analyst, presented a staff report and PowerPoint presentation. Discussion ensued among Council Members and Staff. Councilwoman Brooks moved, seconded by Councilman Alegria, to (1) Introduce Ordinance No. 625, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADDING SECTION 12.16.160 (POSSESSION AND CONSUMPTION OF ALCOHOL PROHIBITED) TO CHAPTER 12.16 (STREETS, PARKS, AND RECREATIONAL FACILITIES) OF TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE MUNICIPAL CODE, TO PROHIBIT OPEN CONTAINERS AND CONSUMPTION OF ALCOHOL IN ALL CITY FACILITIES; and (2) Introduce Ordinance No. 626, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING SECTION 8.28.020 (SMOKING PROHIBITED) OF CHAPTER 8.28 (SMOKING IN RESTAURANTS, BARS AND CITY FACILITIES) OF TITLE 8 (HEALTH AND SAFETY) OF THE MUNICIPAL CODE, TO PROHIBIT SMOKING IN OR WITHIN 20 FEET OF ALL CITY FACILITIES, as amended. The word “facilities” shall be replaced with City “buildings”. Draft - City Council Minutes July 16, 2019 Page 11 of 11 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 a policy be drafted addressing the Mayor's monthly breakfast meetings. Councilwoman Brooks will be drafting and presenting a memo regarding this item for consideration at a future meeting. Mayor Pro Tem Cruikshank inquired about “satellite” locations where residents can view and participate in a Council meeting. Mayor Pro Tem Cruikshank will be presenting a memo regarding this item for consideration at a future meeting. Councilman Dyda requested that Abalone Cove sewer financing options be presented at a future meeting. CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. ADJOURNMENT At 10:50 P.M., Mayor Duhovic adjourned the meeting. /s/ Jerry V. Duhovic Mayor Attest: /s/ Emily Colborn City Clerk