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CC DM 20190917 B - Draft Minutes 20190820DRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING AUGUST 20, 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, Cruikshank, Dyda, and Mayor Duhovic ABSENT: Brooks (excused) Also present were Doug Willmore, City Manager; Gabriella Yap, Deputy City Manager; Bill Wynder City Attorney; Teresa Takaoka, Deputy City Clerk. PUBLIC COMMENTS: None. CLOSED SESSION ITEMS ANNOUNCED: City Attorney Bill Wynder 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 two (2) cases. 2. POTENTIAL LITIGATION AGAINST THE CITY GC 54956.9(d)(2) and (e)(1) a. Name of case: City of Rancho Palos Verdes v. Indian Peak Properties, LLC, Los Angeles Superior Court Case No. 18STCV03781 b. Name of case: Indian Peak Properties, LLC v. City of Rancho Palos Verdes, et al., Los Angeles Superior Court Case No. 18STCP02913 Draft - City Council Minutes August 20, 2019 Page 2 of 13 RECESS TO CLOSED SESSION (FIRESIDE ROOM): At 6:06 P.M., the Council recessed to Closed Session. RECONVENE TO STUDY SESSION (MCTAGGART HALL): At 6:41 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 6:42 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: The Study Session items were reordered. SS2. Cyber Security Awareness Training IT Manager Lukasz Buchwald presented a PowerPoint presentation on Cyber Security Awareness. 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: Draft - City Council Minutes August 20, 2019 Page 3 of 13 AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic NOES: None ABSENT: None ADJOURN TO REGULAR MEETING: At 7:21 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 7:21 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; Bill 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, Matt Waters, Senior Administrative Analyst; Teresa Takaoka, Deputy City Clerk. Also present was Captain James Powers, Lomita Station, Los Angeles County Sheriff’s Department. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Teresa Takaoka, Deputy City Clerk. CLOSED SESSION REPORT: The City Attorney reported on the closed session agenda items as follows: with regard to closed session agenda Item No. 4 (Case No. 18STCP02913) the Los Angeles Superior Court has ruled in favor of the City and found Indian Peak Properties, LLC violated Conditional Use Permit No. 320 and that the City Council properly revoked the same; with regard to closed session agenda Item No. 3 (Case No. 18SCV03781) the City’s motion for summary judgment is scheduled to be heard in superior court on August 27, 2019, after which the Council will be briefed at a future meeting; with respect to closed session agenda Item Nos. 1 and 2, there was a privileged and confidential briefing of the Council, but no reportable action taken. Draft - City Council Minutes August 20, 2019 Page 4 of 13 MAYOR’S ANNOUNCEMENTS: Mayor Duhovic and the City Council honored Retired United States Army Sergeant Dale S. Goodman with a proclamation for his service to our country. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Duhovic announced the Recycle Winners for the August 6, 2019, City Council meeting: Jerry Woo and Pauline Lin. 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. APPROVAL OF THE AGENDA: Councilwoman Brooks moved, seconded by Councilman Dyda, 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: Noel Weiss, Debbie Landes, Joanna Jones-Reed, Lori Brown, and Sharon Loveys. CITY MANAGER REPORT: City Manager Willmore announced the following: the recent update to the City’s website and to relay feedback residents can send comments to webfeedback@rpvca.gov; the Budget in Brief as well as the FY19-20 Budget are also available on the website; and the City’s upcoming November 5, 2019, Election with five residents qualified as candidates: David Bradley, Dave Emenhiser, Barbara Ferraro, Stephen Perestam, and Councilman Ken Dyda. CONSENT CALENDAR: Deputy City Clerk Takaoka reported that late correspondence was distributed prior to the meeting regarding Items F, G, H, I, J, L, M and there was one request to speak on Item G. Councilman Dyda requested that item L be moved to the end of Regular Business. Draft - City Council Minutes August 20, 2019 Page 5 of 13 Councilwoman Brooks moved, seconded by Mayor Pro Tem Cruikshank, to approve the Consent Calendar with Item G removed and to be heard immediately after the Consent Calendar and Item L removed and to be heard after Regular Business. 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 July 16, 2019, Regular City Council meeting. C. Register of Demands Adopted Resolution No. 2019-38, 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 accept Gifts for Parks donations (Hirsch) Accepted Gifts for Parks donations and directed Staff to prepare donor letters of appreciation for the Mayor’s signature E. Consideration and possible action to approve the City’s participation in the 2020 Los Angeles Regional Imagery Acquisition Consortium (LARIAC6) for aerial imagery acquisition (Nguyen) Authorized the City Manager to sign the letter of intent for the 2020 LARIAC6 initiative F. 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 Slurry Seal Improvements Project (Chan) (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 Draft - City Council Minutes August 20, 2019 Page 6 of 13 company to exonerate the performance bond; and (3) Authorize d 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 G. Consideration and possible action to send a letter to U.S. Rep. Nanette Barragán and other South Bay and Harbor Area elected officials supporting the relocation of liquid bulk storage tanks near the public (Barnes) This item was removed from the Consent Calendar for separate consideration. H. Consideration and possible action to award a construction contract for the Residential Street Rehabilitation Project – Phase 1 to Hardy & Harper, Inc. in the amount of $1,826,460, including a project contingency of $182,646; enter into a memorandum of understanding (MOU) with the City of Rolling Hills Estates (RHE) so that the City of RHE will be able to pay for the proposed work within the City of RHE; award a professional services contract to Interwest Consulting for inspection and construction management services in the not- to-exceed amount of $55,050; and award a professional services contract to Sunbeam Consulting for community outreach services for in the not-to-exceed amount of $55,000 (Chan) Approved the plans and specifications for Areas 3 and 4; (2) Awarded a construction contract to Hardy & Harper, Inc. for a base bid amount of $1,652,000 and award Alternate A in the amount of $174,460 for a subtotal amount of $1,826,460; (3) Authorized the City Manager or Director of Finance to execute amendments for project contingency up to an additional 10% ($182,646) of the project budget for a total construction authorization of $2,009,106 (including the work in RHE); (4) Entered into an MOU with RHE for reimbursement of work performed in RHE through Alternative A, in the amount of $199,781 (Alternate A plus 10% contingency and the cost of inspection, construction management and community outreach for the work in RHE); (5) Authorized the award of a professional services contract to Interwest Consulting for inspection and construction management services in the amount of $55,050; and (6) Authorized the award of a professional services contract to Sunbeam Consulting for community outreach services in the amount of $55,000 I. Consideration and possible action to award a professional services agreement for design services for the parking lot at Fred Hesse, Jr. Community Park (O’Neill) Awarded a professional services agreement to Ardurra Group, Inc. in the amount of $76,309 for design services for the parking lot at Fred Hesse, Jr. Community Park; and (2) Authorized the Mayor and City Clerk to execute the agreement in a form approved by the City Attorney Draft - City Council Minutes August 20, 2019 Page 7 of 13 J. Consideration and possible action to approve the proposed FY 2019-20 Work Plans for the Finance Advisory Committee, Emergency Preparedness Committee, Traffic Safety Committee and Infrastructure Management Advisory Committee (Nguyen) Approved the proposed FY 2019-20 Work Plans for the following Advisory Committees: Finance Advisory Committee, Emergency Preparedness Committee, Traffic Safety Committee, and Infrastructure Management Advisory Committee with a request by Mayor Duhovic to revise wording for consistency in the preparatory language in the Mission Statements. This was noted in the motion approving the consent calendar. K. Consideration and possible action to affirm the appointments of Councilmember Alegria as the voting delegate and Mayor Pro Tem Cruikshank as the voting delegate-alternate for the League of California Cities Annual Business Meeting, scheduled for Friday, October 18 (Colborn) Affirmed the designation of the City’s voting delegate and alternate for the League’s annual business meeting; and appointed a third council member, Susan Brooks, as the second voting delegate-alternate. This was read into the motion approving the consent calendar. L. Consideration and possible action to award a construction agreement to Hardy & Harper, Inc. to perform maintenance on the landslide road, award an inspection agreement to Sunbeam Consulting, Inc. to provide inspection services, and authorize an additional appropriation for this project (Dragoo) This item was removed from the Consent Calendar for separate consideration. M. Consideration and possible action to award a professional services agreement for design of the Residential Streets Rehabilitation Project, Area 1 (Chan) Awarded a contract for professional services to Sunbeam Consulting for a not to exceed amount of $249,964 for civil engineering services related to the Residential Streets Rehabilitation Project for Area 1; and (2) Authorized the Mayor and City Clerk to execute the professional services agreement, subject to approval as to form by the City Attorney N. Consideration and possible action to enter into a professional services agreement with Willdan Engineering to provide on-call water efficient landscape plan check and on-site inspection services (Garrett) Approved a two-year professional services agreement with Willdan Engineering to provide on-call water efficient landscape plan check and on-site inspection services through June 30, 2021, with an option for the City Manager to approve an extension of the agreement for one additional year in an amount not to exceed $225,000 for a total period of up to three years Draft - City Council Minutes August 20, 2019 Page 8 of 13 O. Consideration and possible action to approve an agreement with Jeff Koven for filming, programming and editing services (Yap) Approved an agreement with Jeff Koven for filming, programming and editing services not to exceed $40,000 per fiscal year, or $120,000 for a three-year term and authorize the Mayor and City Clerk to execute the agreement, subject to approval as to form by the City Attorney P. Consideration and possible action to authorize the City Manager to sign a letter of commitment to the South Bay Cities Council of Governments to participate in the South Bay Fiber Network (Buchwald) Authorized the City Manager to sign a letter of commitment to participate in the South Bay Fiber Network CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: G. Consideration and possible action to send a letter to U.S. Rep. Nanette Barragán and other South Bay and Harbor Area elected officials supporting the relocation of liquid bulk storage tanks near the public (Barnes) Deputy City Clerk Takaoka reported that there was one request to speak. The following member of the public addressed the City Council: Noel Weiss. Discussion ensued among Council Members and Staff. Councilman Alegria moved, seconded by Mayor Pro Tem Cruikshank, to authorize the Mayor to sign a letter to Rep. Barragán and other South Bay and Harbor Area elected officials supporting the relocation of liquid bulk storage tanks near the public The motion passed on the following roll call vote: AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic NOES: None ABSENT: None REGULAR BUSINESS: 1. Consideration and possible action to update the Public Safety Strategic Plan for Fiscal Year 2019-20 Deputy City Manager Yap presented a brief staff report and Powerpoint Presentation. Discussion ensued among Council Members and Staff. Draft - City Council Minutes August 20, 2019 Page 9 of 13 Councilwoman Brooks moved, seconded by Councilman Dyda, directed Staff to implement the FY 19-20 Public Safety Strategic Plan and authorized an additional appropriation of $25,000 to fund a subsidy for Ring cameras for residents 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 8:27 P.M. The meeting reconvened at 8:40 P.M. 2. Consideration and possible action to approve the Ladera Linda Park and Community Center Master Plan and to move forward with the project’s second phase, the development of detailed construction drawings. Deputy City Clerk Takaoka reported that late correspondence was distributed prior to the meeting and there were 17 requests to speak. Director Linder and Senior Administrative Analyst Waters presented a staff report and Consultant Jim Favaro (of Johnson Favaro) presented the Powerpoint portion of the presentation. Discussion ensued among Council Members and Staff. Deputy City Clerk Takaoka reported that were 17* requests to speak. The following member of the public addressed the City Council: Mickey Rodich, Don Latterman, Herb Stark, Don Bell, Jessica Vlaco, Sylvia Macias, Gene Dewey, Patricia Stenehjem, Don Ershig, Lois Karp, Marty Foster, Vanessa Hevener, Sandra Valeri, Bill Schurmer, and Carolynn Petru. *Two members of the public left the meeting early and did not speak. Council then determined to address this agenda item by reviewing and then taking action on each of the elements of the proposed master plan as follows: Preserve Parking Councilwoman Brooks moved, seconded by Councilman Dyda, not to have preserve parking on the Ladera Linda Park site at this time. 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 August 20, 2019 Page 10 of 13 Discussion ensued among Council Members and Staff. Ladera Linda Park Siting Councilman Dyda moved, seconded by Councilwoman Brooks, to approve the proposed siting of the Ladera Linda Park Community Center. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic NOES: None ABSENT: None Discussion ensued among Council Members and Staff Mayor Duhovic moved to extend the meeting to 11:00 P.M. Without objection, Mayor Duhovic so ordered. Community Center Building Size/Configuration Councilwoman Brooks moved, seconded by Councilman Alegria , to approve the size and configuration of the Community Center as recommended in the staff report and by the consultant. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Cruikshank NOES: Dyda and Mayor Duhovic ABSENT: None Discussion ensued among Council Members and Staff Community Center Design Councilwoman Brooks moved, seconded by Councilman Alegria , to approve the Community Center design as recommended in the staff report and by the consultant. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Cruikshank NOES: Dyda and Mayor Duhovic ABSENT: None Discussion ensued among Council Members and Staff. Draft - City Council Minutes August 20, 2019 Page 11 of 13 Community Center Roof System Councilman Alegria moved, seconded by Councilwoman Brooks , to direct staff to examine options for the roofing system of the Community Center, including a green roof/traditional roof/solar roof. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic NOES: None ABSENT: None Discussion ensued among Council Members and Staff. Ladera Linda Park and Community Center Hours of Operation Mayor Duhovic moved, seconded by Councilwoman Brooks , to review the hours of operations for various community sites within the City, for consistency, at a future council meeting, and to include the review of the proposed hours of operation at the site and Ladera Linda park parking following that review. Without objection, Mayor Duhovic so ordered. Consideration of Staff Recommendations Mayor Duhovic moved, seconded by Councilwoman Brooks, to: (1) approve the Ladera Linda Park and Community Center Master Plan as modified by the City Council’s previous actions; and (2) direct Staff and Johnson Favaro to proceed with Phase 2 of the project, and the development of detailed construction drawings. 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 10:52 P.M. The meeting reconvened at 10:59 P.M. 3. Receive and file a presentation from the Public Works Department on the Hawthorne Boulevard Median Beautification Project final design Mayor Duhovic moved to waive the staff report on this item. Without objection, Mayor Duhovic so ordered. Discussion ensued among Council Members and Staff. Councilwoman Brooks moved, seconded by Councilman Dyda to: receive and file and approve the presentation. Draft - City Council Minutes August 20, 2019 Page 12 of 13 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 approve City Council Policy No. 54 establishing parameters and guidelines for assigning a council member as a liaison to City advisory boards and the Planning Commission Mayor Duhovic moved to waive the staff report on this item. Without objection, Mayor Duhovic so ordered. Discussion ensued among Council Members and Staff. Mayor Duhovic moved to extend the meeting to 11:20 P.M. Without objection, Mayor Duhovic so ordered. Councilman Alegria moved, seconded by Mayor Duhovic to approve City Council Policy No. 54, as amended. The motion passed on the following roll call vote: AYES: Alegria, Brooks, Cruikshank, and Mayor Duhovic NOES: Dyda ABSENT: None Mayor Duhovic moved to extend the meeting to 11:30 P.M. Without objection, Mayor Duhovic so ordered. CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER: This item was removed by Councilman Dyda from the Consent Calendar for separate consideration. L. Consideration and possible action to award a construction agreement to Hardy & Harper, Inc. to perform maintenance on the landslide road, award an inspection agreement to Sunbeam Consulting, Inc. to provide inspection services, and authorize an additional appropriation for this project (Dragoo) Discussion ensued among Council Members and Staff. Councilwoman Brooks moved, seconded by Mayor Pro Tem Cruikshank to: (1) approve the plans and specifications for the Palos Verdes Drive South Landslide Road Maintenance project; (2) authorize an additional appropriation of $38,100 for this project; (3) award a construction Agreement to Hardy & Harper, Inc. in the amount of $660,100; (4) award a professional services agreement for inspection of Draft - City Council Minutes August 20, 2019 Page 13 of 13 the project to SunBeam Consulting, Inc. in the amount of $18,000; and (5) authorize the Mayor and City Clerk to execute the construction and inspection agreements The motion passed on the following roll call vote: AYES: Alegria, Brooks, Cruikshank, Dyda, and Mayor Duhovic NOES: None ABSENT: None FUTURE AGENDA ITEMS: The following items were raised by Council Members as future agenda items: Councilman Dyda requested that contract template change option be considered 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 11:30 P.M., Mayor Duhovic adjourned the meeting in memory of Diane Smith. /s/ Jerry V. Duhovic Mayor Attest: /s/ Teresa Takaoka Deputy City Clerk