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CC AGD 20171003 AGENDA RANCHO PALOS VERDES CITY COUNCIL MEETING TUESDAY, OCTOBER 3, 2017 FRED HESSE COMMUNITY PARK, MCTAGGART HALL 29301 HAWTHORNE BOULEVARD, RANCHO PALOS VERDES 90275 6:00 P.M. – CLOSED SESSION 7:00 P.M. – REGULAR MEETING NEXT RESOLUTION NO. 2017-53 NEXT ORDINANCE NO. 600 6:00 P.M. CLOSED SESSION CALL TO ORDER: Mayor Campbell ROLL CALL: Councilwoman Brooks Councilman Dyda Councilman Misetich Mayor Pro Tem Duhovic Mayor Campbell PUBLIC COMMENTS FOR CLOSED SESSION: This section is intended to provide members of the public with the opportunity to comment on listed Closed Session items. Each speaker will be limited to three (3) minutes to address the City Council. Those wishing to speak are asked to complete a REQUEST TO ADDRESS THE CITY COUNCIL form located on the table across from the entrance and submit it to the City Clerk. You will be called at the appropriate time to make your remarks. CLOSED SESSION ITEMS ANNOUNCED: Based on Government Code Section 54954.5. All Statutory References are to California Government Code Sections 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION GC 54957(b) Title: City Manager 2. INITIATION OF LITIGATION (Green Hills Memorial Park) GC 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 against Green Hills Memorial Park regarding indemnification for litigation in the following cases: Sharon Loveys vs. City of Rancho Palos Verdes, et al., Los Angeles Superior Court. Case No. BS166493; Sharon Loveys, et al. vs. City of Rancho Palos Verdes, et al., Los Angeles Superior Court. Case No. BS160652; Sharon Loveys, et al. vs. City of Rancho Palos Verdes, et al., Los Angeles Superior Court. Case No. BC629637 3. INITIATION OF LITIGATION BY THE CITY GC 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. One potential case 4. POTENTIAL LITIGATION AGAINST THE CITY GC 54956.9(d)(2) and (e)(3) 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 dated April 19, 2016 from Ted. K. Lippincott, legal counsel for Mark Doddy, to Deputy City Manager Yap; a letter dated May 9, 2016 from Mr. Lippincott to City Manager Willmore; and, a letter dated August 18, 2016 from Ted. K. Lippincott, legal counsel for Maria Serrao, to Former Assistant City Attorney Christina Burrows. A copy of the letters are on file in the City Clerk's Office. RECESS TO CLOSED SESSION (): FIRESIDE ROOM ADJOURN TO REGULAR MEETING: (MCTAGGART HALL) 7:00 P.M. – REGULAR MEETING CALL TO ORDER: Mayor Campbell ROLL CALL: Councilwoman Brooks Councilman Dyda Councilman Misetich Mayor Pro Tem Duhovic Mayor Campbell PLEDGE OF ALLEGIANCE: To be announced CLOSED SESSION REPORT: MAYOR’S ANNOUNCEMENTS: City Council Agenda October 3, 2017 Page 2 of 6 RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: APPROVAL OF AGENDA: PUBLIC COMMENTS ON NON-AGENDA ITEMS: During Public Comments any person may address the Council, provided that the item is within the subject matter jurisdiction of the Council and is not otherwise on the agenda. Each speaker will be limited to three (3) minutes to address the City Council. Those wishing to speak are asked to complete a REQUEST TO ADDRESS THE CITY COUNCIL form located on the table across from the entrance and submit it to the City Clerk. You will be called at the appropriate time to make your remarks. CITY MANAGER REPORT: CONSENT CALENDAR : Items listed under the Consent Calendar consists of routine items and will be approved in one motion. Any member of the Council may pull an item for discussion or clarification. Items pulled from the Consent Calendar by a Councilmember will be heard after the Regular Business section of the agenda, unless otherwise directed by the City Council. If a member of the public has requested to speak on a Consent Calendar item, it will be pulled and heard immediately after the Consent Calendar. Those wishing to speak on any Consent Calendar item(s) will be limited to three (3) minutes to address the City Council. Those wishing to speak are asked to complete a REQUEST TO ADDRESS THE CITY COUNCIL form located on the table across from the entrance and submit it to the City Clerk. You will be called at the appropriate time to make your remarks. 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 (Colborn) Recommendation: Approve the Minutes of the August 15, 2017 and September 5, 2017 City Council meetings. C. Register of Demands (Cullen) Recommendation: (1) Adopt Resolution No. 2017-__, 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 (register date 09/08/17); and (2) Adopt Resolution No. 2017-__, 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 (register date 09/22/17). D. Consideration and possible action to submit veto and signature requests to Governor Brown regarding various pending bills. (Fox) Recommendation: (1) Authorize the Mayor to sign a signature request to Governor Brown regarding AB 1408 (Crimes: Supervised Release); (2) Authorize the Mayor to sign a veto request to Governor Brown regarding SB 35 (Planning and Zoning: Affordable Housing: Streamlined Approval Process); (3) Authorize the Mayor to sign a veto request to Governor Brown regarding SB 231 (Local Government: Fees and City Council Agenda October 3, 2017 Page 3 of 6 Charges); and, (4) Authorize the Mayor to sign a veto request to Governor Brown regarding SB 649 (Wireless Telecommunications Facilities); E. Consideration and possible action regarding the August 2017 Cash Balances/ Monthly Treasurer’s Report. (Lin) Recommendation: Receive and file the August 2017 Cash Balances/Monthly Treasurer’s Report. F. Consideration and possible action to award a Public Works Agreement to Econolite Systems for the Traffic Signal Maintenance Contract FY 2017-2018 through FY 2021-2022. (Jules) Recommendation: (1) Award a multi-year Public Works Agreement to Econolite Systems for the Traffic Signal Maintenance Contract FY 2017-2018 through FY 2021-2022 in an amount not-to-exceed $121,910 excluding inflationary changes in the producer price index; and, (2) Authorize the Mayor and City Clerk to execute the agreement with Econolite Systems pending City Attorney’s approval as to form. G. Consideration and possible action to adopt a resolution authorizing the City’s use of Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (RMRA), funds towards the rehabilitation of Crest Road East. (Gibson) Recommendation: Adopt Resolution No. 2017-____, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING THE FISCAL YEAR 2017-18 BUDGET TO INCORPORATE CREST ROAD EAST ROADWAY REHABILITATION PROJECT TO BE FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: This section is for item(s) that have been pulled from the Consent Calendar, and a member of the public has requested to speak to that item. Each speaker will be limited to three (3) minutes to address the City Council. PUBLIC HEARINGS: None. REGULAR BUSINESS: This section contains items of general business. Prior to the vote of an item, each speaker will be limited to three (3) minutes to address the City Council. Those wishing to speak are asked to complete a REQUEST TO ADDRESS THE CITY COUNCIL form located on the table across from the entrance and submit it to the City Clerk. You will be called at the appropriate time to make your remarks. 1. Consideration and possible action regarding a stipulated proposed consent decree settling a Clean Water Act case against the City by California River Watch (“RW”). (Carson) (10 mins.) Recommendation: (1) adopt Resolution No. 2017 - ___, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, APPROVING A STIPULATED PROPOSED CONSENT DECREE SETTLEMENT BETWEEN THE CITY AND CALIFORNIA RIVER WATCH; and (2) Approve proposed settlement which would become effective after stipulated proposed City Council Agenda October 3, 2017 Page 4 of 6 consent decree is fully executed by all parties and approved by the court, and approve stipulated proposed consent decree. 2. Consideration and possible action to introduce a Video Service Providers Regulatory Ordinance. (Fox) (15 mins.) Recommendation: Introduce Ordinance No. ___, AN ORDINANCE REPEALING AND REPLACING CHAPTER 13.12 (TELECOMMUNICATIONS REGULATORY ORDINANCE) OF TITLE 13 (PUBLIC SERVICES) RELATING TO VIDEO PROVIDERS 3. Consideration and possible action to initiate code amendment proceedings in order to prohibit commercial marijuana activities in the City. (Kim) (10 mins.) Recommendation: Initiate code amendment proceedings to amend Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code in order to prohibit commercial marijuana activities in the City that will be licensed by the State beginning in January 2018 (Case No. ZON2017-00430). 4. Consideration and possible action to execute the Purchase and Sale Agreement with Southern California Edison (SCE) for the acquisition of SCE-owned street lights. (Jules) (20 mins.) Recommendation: Authorize the Mayor and City Clerk to execute the Purchase and Sale Agreement with Southern California Edison (SCE) for the acquisition of the City’s 1,799 LS-1 streetlights for an amount not-to-exceed $667,216 (acquisition and transaction costs) and $57,838 (severance Costs), for a total authorized amount of $724,054. CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER: This section is for item(s) that have been removed from the Consent Calendar by a member of Council for discussion or clarification. FUTURE AGENDA ITEMS: This section is designated for individual Council Members to request that an item be placed on a future City Council meeting agenda. 5 minutes has been allotted for this section. CITY COUNCIL ORAL REPORTS: This section 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. 10 minutes has been allotted for this section. ADJOURNMENT: Adjourn to 6:00 P.M. on October 17, 2017 for a Closed Session meeting and 7:00 P.M. for a Regular meeting. City Council Agenda October 3, 2017 Page 5 of 6 City Council Agendas and staff reports are available for public review within 72 hours of the meeting at City Agendas and Staff Hall, 30940 Hawthorne Boulevard during regular business hours, 7:30 A.M. to 5:30 P.M. Reports: Monday – Thursday and 7:30 A.M. to 4:30 P.M. on Friday; 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; and at the City’s website www.rpvca.gov Materials related to an item on an agenda submitted 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. Public We highly encourage written materials regarding City Council Agenda items be submitted no Correspondence: 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. Please keep in mind that 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. Accordingly, you may wish to omit personal information from your written materials or oral presentation as it may become part of the public record regarding an agendized item. In addition, City meetings may be televised and may be accessed through the City's website. Public Participants must speak from the podium using the lectern microphone; comments are to be Participation: directed to the City Council and not to the staff or the public; repetition should be avoided; and reading a submission that has been copied or contained in the agenda will be discouraged. Public Comments: The City Council may limit the public input on any item based on the number of people requesting to speak, the length of the agenda, or the business of the Council. Conduct at the The Mayor shall order removed from the Council Chambers any person(s) who commit the Council Meeting: following acts at a meeting of the City Council: Disorderly, contemptuous or insolent behavior toward the Council or any member thereof, tending to interrupt the due and orderly course of said meeting; a breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting; disobedience of any lawful order of the Mayor, which shall include an order to be seated or to refrain from addressing the Council from the audience; any other unlawful interference with the due and orderly course of the meeting. 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. Continuation of The City Council will adjourn its meetings on or before 11:00 p.m. and will not consider new Meeting: business items after 10:15 p.m., unless the majority of the Council members who are present affirmatively vote either to extend the meeting after 11:00 p.m. or to consider new business after 10:15 p.m. If the meeting ends before all of the items listed on the agenda are completed, any unfinished business will be continued to the next succeeding day that is not a holiday, at a location to be determined. American with In compliance with the Americans with Disabilities Act, if you require a disability-related Disabilities Act: modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the City Clerk’s Office at 310 544-5217 at least 48 hours prior to the meeting. City Council Agenda October 3, 2017 Page 6 of 6 ,i, CITY OF RANCHO PALOS VERDES STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF RANCHO PALOS VERDES) AFFIDAVIT OF AGENDA POSTING I, Emily Colborn, declare as follows: That I am the City Clerk of the City of Rancho Palos Verdes; that I hereby affirm that a copy of the agendas for the Regular Meeting of the City Council; Successor Agency for the Redevelopment Agency and the Improvement Authority for October 3, 2017, 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: , rte. Dated: September 26, 2017 411Willibo Wirt era Cle W:101 City Clerk12017 CITY COUNCIL AGENDAS\Affidavits of Posting120171003 Affidavit of Posting Reg Agendas CC SA and IA.doc 30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 90275-5391 /(310)377-0360/Fax(310)544-5291 www.palosverdes.com/rpv