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CC AGD 20160216 AGENDA RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING FEBRUARY 16, 2016 FRED HESSE COMMUNITY PARK, 29301 HAWTHORNE BOULEVARD 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. NEXT RESOLUTION NO. 2016-06 NEXT ORDINANCE NO. 579 CLOSED SESSION: SEE ATTACHED BROWN ACT CHECK LIST FOR DETAILS CALL TO ORDER: ROLL CALL: PUBLIC COMMENTS: (This section of the agenda is for audience comments for items on the Closed Session.) CLOSED SESSION ITEMS ANNOUNCED: RECESS TO CLOSED SESSION: RECONVENE TO REGULAR SESSION: ROLL CALL: CLOSED SESSION REPORT: STUDY SESSION — 6:00 P.M. (30 mins) — To commence immediately following the Closed 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 City Council Agenda February 16, 2016 Page 1 of 7 session. No action shall be taken during any Study Session unless the agenda so provides. PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA FOR THE STUDY SESSION: (Based on Section 6.1(f) of the Rules of Procedure, the Mayor proposes that Public Comments on items listed on the Study Session portion of the Agenda be consolidated so that each speaker has a one-minute opportunity to comment on all of the items listed on the Agenda for the Study Session.) DISCUSSION TOPICS: SS1. Review of Tentative Agendas and 2014 City Council Goals and Priorities Recommendation: Receive and file the Tentative Agendas and 2014 City Council Goals and Priorities. REGULAR SESSION - 7:00 P.M. CALL TO ORDER: (15 mins) ROLL CALL: PLEDGE OF ALLEGIANCE: MAYOR'S ANNOUNCEMENTS: RECYCLE DRAWING: APPROVAL OF AGENDA: PUBLIC COMMENTS: (This section of the agenda is for audience comments for items NOT on the agenda.) CITY MANAGER REPORT: CONSENT CALENDAR: (15 mins) 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 (Morreale) Recommendation: Approve the Minutes of the January 19, 2016 Regular Meeting; and February 2, 2016 Adjourned Regular Meeting (Interviews). City Council Agenda February 16, 2016 Page 2 of 7 C. Consideration and Possible Action regarding a Claim Against the City by Kalan Mavar (Morreale) Recommendation: Reject the claim and direct staff to notify the claimant. D. Consideration and Possible Action to Authorize the City Clerk to File a Notice of Completion for the Roan Road Storm Drain 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 Recorder; and if no claims are filed within 35 days after recordation, and upon the contractor posting an acceptable warranty bond, 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 GRFCO, 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. E. Register of Demands (Cullen) Recommendation: ADOPT RESOLUTION NO. 2016 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. F. Consideration and Possible Action to Accept Gifts for Parks Donations (Linder) 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 Approve a License Agreement between the Southern California Edison Company (SCE) and the City to Allow the City to Place Signs on SCE Poles (Carrasco) Recommendation: 1) Approve a License Agreement with the Southern California Edison Company (SCE) to allow the City the option to mount non-electrified traffic regulating signs, American flags, Neighborhood Watch signs, banners and related appurtenances on SCE poles; and, 2) Authorize the Mayor and City Clerk to sign the agreement. H. Consideration and Possible Action to Award a Construction Contract and an Inspection Contract for the 2015 Storm Drain Lining Project (Winje) Recommendation: 1) Approve the construction documents for the 2015 Storm Drain Lining Project; 2) Find the bid presented by Nu Line Technologies, LLC, to be non-responsive and reject it; 3) Award a construction contract to Southwest Pipeline and Trenchless Corporation, in the amount of$897,571, and authorize a construction contingency in the amount of$90,000; 4) Award a professional City Council Agenda February 16, 2016 Page 3 of 7 services agreement for construction management and inspection to KOA Corporation in the amount of$40,000; and, 5) Authorize the Mayor and City Clerk to execute the agreements, subject to approval as to form by the City Attorney PUBLIC HEARINGS: 1. Consideration and Possible Action to Approve Revision "R" to Conditional Use Permit No. 215, et. Al., for the Terranea Resort and Spa (ZON2015-00531) [Location: 100 Terranea Way] (Mihranian) (20 mins) Recommendation: ADOPT RESOLUTION NO. 2016-_7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING REVISION "R" TO CONDITIONAL USE PERMIT NO. 2157 ET. AL. BY AMENDING THE COUNCIL-ADOPTED CONDITIONS OF APPROVAL TO: 1) RESTRIPE THE ENTRY DRIVEWAY TO CREATE TWO INBOUND LANES AND ONE OUTBOUND LANE BY REPLACING THE REQUIRED BICYCLE LANES WITH SHARROW LANES (SHARED VEHICLE AND BICYCLE LANE) WITH NO MODIFICATION TO THE REQUIRED PARKING SPACES ALONG THE OUTBOUND LANE; AND, 2) REPLACE THE TURF AT THE MEADOW LAWN AREA (ADJACENT TO THE BANQUET FACILITIES) WITH PERMEABLE PAVERS TO FACILITATE THE CURRENT PRACTICE OF INSTALLING TEMPORARY TENTS IN THIS AREA IN CONNECTION WITH THE BALLROOM FACILITIES. 2. Consideration and Possible Action to Initiate a Code Amendment for Employee Housing, as Identified in the City's 2013-2021 Housing Element (ZON2016-00041) (Kim) (30 mins) Recommendation: Direct Staff to initiate a Code Amendment to Section 17.02.020 of the City's Municipal Code to implement Program No. 9, as identified in the City's 2013-2021 Housing Element, to explicitly state that employee housing is allowed in the City's Single-Family Residential zoning districts as a permitted use. 3. Consideration and Possible Action to Grant a Second Amendment to Revision 'BB' to Conditional Use Permit No. 163 and Variance, and Approve a Coastal Permit for an Existing 70'-tall Flag Pole at Trump National Golf Club (Case No. ZON2015- 00512) [Location: 1 Trump National Way] (Kim) (15 mins) Recommendation: ADOPT RESOLUTION NO. 2016-_7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CONDITIONALLY APPROVING: 1) AMENDMENT NO. 2 TO REVISION "BB" TO CONDITIONAL USE PERMIT NO. 163 AND VARIANCE, THEREBY AMENDING THE EXISTING ACTION DEADLINE CONDITIONS; and, 2) COASTAL DEVELOPMENT PERMIT FOR AN EXISTING 70'-TALL FLAG POLE AT TRUMP NATIONAL GOLF CLUB. City Council Agenda February 16, 2016 Page 4 of 7 4. Consideration and Possible Action to Enact a Code Amendment to Regulate and Prohibit Medical Marijuana (ZON2016-00050) (Mihranian) (10 mins) Recommendation: Direct Staff to initiate the Code Amendment process to add a new Chapter 8.18 to Title 8 of the Rancho Palos Verdes Municipal Code, and to amend Title 17 of the Rancho Palos Verdes Zoning Code to expressly regulate or prohibit medical marijuana cultivation, dispensation, mobile delivery, and/or processing, etc., throughout the City. 5. Consideration and Possible Action to Introduce an Ordinance for Wireless Telecommunication Installations in the City's Public Rights-of-Way (Lopez/Jules) (20 mins) Recommendation: INTRODUCE ORDINANCE NO. AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, ADDING A NEW CHAPTER ENTITLED "WIRELESS TELECOMMUNICATIONS FACILITIES" TO CHAPTER 18 OF TITLE 12 OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO PROVIDE UNIFORM AND COMPREHENSIVE REGULATIONS AND STANDARDS, ALONG WITH PERMIT REQUIREMENTS, FOR THE INSTALLATION OF WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY. REGULAR BUSINESS: 6. Consideration and Possible Action to Appoint City Advisory Board Members (Morreale) (15 mins) Recommendation: 1) Appoint three members to the Planning Commission, each with a four-year term of office to expire on the first regular City Council meeting in December of odd years (December 3, 2019), or until a successor is appointed, pursuant to Section 2.20.020 of the Rancho Palos Verdes Municipal Code; 2) Appoint two members to the Finance Advisory Committee, each with a four-year term of office, until February 2, 2020, or until a successor is appointed; 3) Appoint three members to the Oversight Committee for the Water Quality & Flood Protection Program, each with a four-year term of office to expire on the date of the second regular City Council meeting in January of even years (January 21, 2020) or until a successor is appointed, pursuant to Section 3.44.080 of the Rancho Palos Verdes Municipal Code; and, 4) Appoint one member to the Traffic Safety Committee to fill a vacancy for an unexpired term of office ending January 6, 2019, or until a successor is appointed. 7. Consideration and Possible Action to Review and Discuss the FY14-15 Comprehensive Annual Financial Report (CAFR) of the City of Rancho Palos Verdes (Cullen) (1 hr) Recommendation: Receive and file the following: A) FY14-15 Comprehensive Annual Financial Report (CAFR) of the City of Rancho Palos Verdes; and, City Council Agenda February 16, 2016 Page 5 of 7 B) Statements on Auditing Standards (SAS) 114 Letter from Independent Auditors to those charged with governance. 8. Consideration and Possible Action to require Earlier Agenda Posting and Receipt of Late Correspondence (Yap) (20 mins) Recommendation: Direct Staff to proceed with either: 1) Continuing posting and delivering the agenda on the Thursday evening preceding the Council meeting; or 2) Posting the agenda online on Tuesday evening and delivering the printed agenda on the Wednesday preceding the Council meeting. 9. Consideration and Possible Action on the Civic Reporting Openness in Negotiations Efficiency ("CRONEY") Act (Aleshi re/Wi I I more) (30 mins) Recommendation: Direct staff to prepare an ordinance repealing the OPEN Ordinance. FUTURE AGENDA ITEMS: (5 mins) (This section of the agenda is designated for individual Council Members to request that an item be placed on a future City Council meeting agenda.) CITY COUNCIL ORAL REPORTS: (10 mins) (This section of the agenda 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.) ADJOURNMENT: Adjourn to an Adjourned Regular Meeting to be held on Tuesday, March 1, 2016 at 6:00 P.M. at Fred Hesse Community Park to conduct interviews of applicants for Chair of the City Advisory Boards. CLOSED SESSION AGENDA CHECKLIST Based on Government Code Section 54954.5 (All Statutory References are to California Government Code Sections) Conference with Legal Counsel Existing Litigation: G.C. 54956.9(d)(1) Name of Case: Sharon Yarber, et al v. City of Rancho Palos Verdes, Los Angeles Superior Court. Case No. BC 558417. Potential Litigation against the City: GC 54956.9(d)(2) and (e)(3) City Council Agenda February 16, 2016 Page 6 of 7 A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency, based on a letter to the City of Rancho Palos Verdes Planning Commission dated August 6, 2014, from Ellen Berkowitz of Gresham, Savage, Nolan & Tilden. A copy of the letter is on file in the City Clerk's Office. In addition, the threat of anticipated litigation that would be filed by the Vista Verde Homeowners' Association ("HOA") was discussed at the October 28, 2014 Planning Commission meeting by Michael N. Friedman, the attorney who represents the HOA, and on March 23, 2015, claims against the City were received from the following Vista Verde residents: Nadejda V. Gueorguieva, Barbara K. Hughes-Astbury, Veronica E. Lawlor, Paul F. Keye, Jr. and Julie Keye, Sharon L. Loveys, Matthew H. Martin, Lane C. Mayhew, and Rhys Williams. On April 14, 2015, an additional claim was received from Vista Verde resident Julie Reynolds. On January 19, 2016, a letter from Noel Weiss, Esq. was delivered with claims from Vista Verde homeowners. 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. 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. In addition, City meetings may be televised and may be accessed through the City's website. Accordingly, you may wish to omit personal information from your oral presentation or written materials as it may become part of the public record regarding an agendized item. Materials related to an item on this Agenda submitted to the City Council 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. American with Disabilities Act: In compliance with the Americans with Disabilities Act of 1990, 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 310 544-5208 at least 48 hours prior to the meeting. NOTE: Staff reports are available for inspection 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. The agenda and staff reports can also be viewed at 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. You can also view the agenda and staff reports at the City's website www.rpvca.gov WA2016 City Council Agendas\20160216 CC AGENDA.docx City Council Agenda February 16, 2016 Page 7 of 7 CITY OF Lit, RANCHO PALOS VERDES STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF RANCHO PALOS VERDES) AFFIDAVIT OF AGENDA POSTING I, Carla Morreale, declare as follows: That I am the duly appointed 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 February 16, 2016 were 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: �r " e' Dated: February , 2016 af16. '> /_A-&__ City Clerk W:\2016 City Council Agendas\Affidavits of Posting\20160216 Affidavit of Posting Reg Agenda CC.doc 30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 902755391 /(310)377-0360/Fax(310)5445291 www.palosverdes.com/rpv