CC AGD 20171108
AGENDA
RANCHO PALOS VERDES CITY COUNCIL MEETING
WEDNESDAY, NOVEMBER 8, 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. 2017-60 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. 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.
2. POTENTIAL LITIGATION AGAINST THE CITY:
GC 54956.9(a), (d)(2), (e)(4)
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 certain statements made by counsel for planning applicant Crown Castle
in open and public meetings threatening litigation on specific matters within the
responsibility of the legislative body.
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:
1. Tile Presentation Recognizing Outgoing Emergency Preparedness Committee
Member, Keith Harter
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
APPROVAL OF AGENDA:
City Council Agenda
November 8, 2017
Page 2 of 8
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 October 3, 2017 Regular meeting;
October 17, 2017 Special meeting (EPC interviews); and October 17, 2017 Regular
meeting.
C. Register of Demands (Cullen)
Recommendation:
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.
D. Consideration and possible action regarding the September 2017 Cash Balances/
Monthly Treasurer’s Report. (Lin)
Recommendation:
Receive and file the September 2017 Cash Balances/Monthly
Treasurer’s Report.
E. Consideration and possible action to receive and file the 2016 Annual Report
submitted by the Palos Verdes Peninsula Land Conservancy (PVPLC) regarding its
management activities for the Palos Verdes Nature Preserve (Lozano)
Recommendation:
Receive and file the 2016 PVPLC Annual Report.
F. Consideration and possible action to authorize the City Clerk to file a Notice of
Completion for the Hawthorne Blvd. Traffic Signal Synchronization and Site Facilities
Connectivity Projects. (Carrasco)
Recommendation:
(1) Accept the work as complete; (2) Authorize the City Clerk to
file a Notice of Completion with the Los Angeles County Registrar-Recorder’s Office
and, if no claims are filed within 35 days after recordation, and upon the contractor
City Council Agenda
November 8, 2017
Page 3 of 8
posting an acceptable warranty bond, notice the surety company to exonerate the
Performance Bond; and, (3) Authorize the Director of Public Works to release the
5% retention payment in the amount of $40,916.77 to Pro-Tech Engineering, 35
days after recordation of the Notice of Completion, contingent upon no claims being
filed on the project and the contractor posting an acceptable warranty bond.
G. Consideration and possible action regarding a claim against the City by James
Loddengaard. (Colborn)
Recommendation:
Reject the claim and direct Staff to notify the claimant.
H. Consideration and possible action to authorize the City Clerk to file a Notice of
Completion for the Annual Sidewalk Repair Program FY16-17. (Carrasco)
Recommendation:
(1) Accept the work as complete; (2) Authorize the City Clerk to
file a Notice of Completion with the Los Angeles County Registrar-Recorder’s Office
and, if no claims are filed within 35 days after recordation, and upon the contractor
posting an acceptable warranty bond, notice the surety company to exonerate the
Performance Bond; and, (3) Authorize the Director of Public Works to release the
5% retention payment in the amount of $9,999.95 to EBS General Engineering, 35
days after recordation of the Notice of Completion, contingent upon no claims being
filed on the project and the contractor posting an acceptable warranty bond.
I. Consider Approval of Notice of Completion (NOC) for 2015 Storm Drain Lining
Project. (Eder)
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 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 Southwest Pipeline
& Trenchless Corporation, 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.
J. Consideration and possible action to approve change order to the existing
construction contract with Sully-Miller Contracting Company to increase scope of
work to the Rehabilitation Project Cycle 1, Area 7. (Chan)
Recommendation:
Authorize a contract amendment in the amount of $416,687.00 to
the current construction contract for the residential roads rehabilitation project with
Sully-Miller Contracting Company changing the not-to-exceed total contract amount
from $1,419,331 to $1,836,018 to include the overlay of Crest Road East.
K. Consideration and possible action to amend the City’s Salary Schedule and Auto
Allowance Schedule for Competitive, Management, Confidential and Part-time
Classifications, including the rescission and replacement of the Salary Schedule in
Resolution No. 2017-41. (Bradley)
Recommendation:
Adopt Resolution No. 2017-__, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, REVISING THE SALARY AND HOURLY
City Council Agenda
November 8, 2017
Page 4 of 8
SCHEDULE FOR THE COMPETITIVE, CONFIDENTIAL, MANAGEMENT AND
PART-TIME CLASSIFICATIONS; AND RESCINDING AND REPLACING
RESOLUTION NO. 2017-41
L. Consideration and possible action to amend the City’s Memorandum of
Understanding with the Rancho Palos Verdes Employee Association to revise the
dates upon which employees can cash out their earned but unused vacation leave.
(Bradley)
Recommendation:
Adopt Resolution No. 2017-__, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, APPROVING AND ADOPTING THE SECOND
AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF RANCHO PALOS VERDES AND THE RANCHO PALOS VERDES
EMPLOYEE ASSOCIATION
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:
This section is for hearings that have been noticed, published, and/or mailed to property owners as required by law. The Mayor will
provide an opportunity to members of the public to testify in support of or opposition to the matter being heard. 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.
For appeal hearings, the appellant or their representative speaks first and will generally be allowed ten (10) minutes. If the applicant
is different from the appellant, the applicant or their representative will speak following the appellant and will also be allowed ten (10)
minutes to make a presentation. Normally, the applicants and appellants will be limited to a three (3) minute rebuttal (if requested).
1. Consideration and possible action to adopt ordinances to amend Title 17 and Title 5
of the Rancho Palos Verdes Municipal Code to prohibit commercial marijuana
activities throughout the City (Case No. ZON2017-00430) (Kim) (10 mins.)
Recommendation:
(1) Adopt Ordinance No. __U, AN URGENCY ORDINANCE OF
THE CITY OF RANCHO PALOS VERDES AMENDING TITLE 17 (ZONING) OF
THE RANCHO PALOS VERDES MUNICIPAL CODE BY ADDING NEW SECTIONS
17.08.046, 17.12.025, 17.26.035, 17.32.055, 17.34.045, 17.44.045, 17.96.445, AND
17.96.1195 TO PROHIBIT COMMERCIAL MARIJUANA ACTIVITIES
THROUGHOUT THE CITY, AND FINDING AN EXEMPTION FROM CEQA (CASE
NO. ZON2017-00430).; (2) Adopt Ordinance No.__U, AN URGENCY ORDINANCE
OF THE CITY OF RANCHO PALOS VERDES ADDING A NEW CHAPTER 5.33
(COMMERCIAL MARIJUANA ACTIVITIES PROHIBITED) TO TITLE 5 (BUSINESS
TAXES, LICENSES AND REGULATIONS) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE TO PROHIBIT THE ISSUANCE OF BUSINESS LICENSES
FOR ALL COMMERCIAL MARIJUANA ACTIVITIES IN THE CITY; (3) Introduce
Ordinance No.__, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL
CODE BY ADDING NEW SECTIONS 17.08.046, 17.12.025, 17.26.035, 17.32.055,
17.34.045, 17.44.045, 17.96.445, AND 17.96.1195 TO PROHIBIT COMMERCIAL
MARIJUANA ACTIVITIES THROUGHOUT THE CITY, AND FINDING AN
City Council Agenda
November 8, 2017
Page 5 of 8
EXEMPTION FROM CEQA (CASE NO. ZON2017-00430); and, (4) Introduce
Ordinance No.__, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
ADDING A NEW CHAPTER 5.33 (COMMERCIAL MARIJUANA ACTIVITIES
PROHIBITED) TO TITLE 5 (BUSINESS TAXES, LICENSES AND REGULATIONS)
OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO PROHIBIT THE
ISSUANCE OF BUSINESS LICENSES FOR ALL COMMERCIAL MARIJUANA
ACTIVITIES IN THE CITY.
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.
2. Consideration and possible action to adopt an urgency ordinance and initiate code
amendment proceedings to amend Chapter 17.96 (Definitions) of Title 17 (Zoning) of
the City’s Municipal Code to expand the definition of a Short-Term Rental (Case No.
ZON2017-00486). (Silva) (15 mins.)
Recommendation:
(1) Adopt Ordinance No. __U, AN URGENCY ORDINANCE OF
THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING CHAPTER
17.96 (DEFINITIONS) OF TITLE 17 (ZONING) OF THE CITY’S MUNICIPAL CODE
TO EXPAND THE CITY’S DEFINITION OF A SHORT TERM RENTAL; and, (2)
Initiate Code Amendment proceedings to amend Chapter 17.96 of Title 17 to expand
the definition of a Short-Term Rental.
3. Consideration and possible action to appoint one member to the Emergency
Preparedness Committee (EPC). (Colborn) (5 mins.)
Recommendation:
Appoint one member to the Emergency Preparedness
Committee (EPC).
4. Consideration and possible action to adopt the City’s Emissions Reduction Action
Plan (ERAP) to improve the City’s sustainability by reducing greenhouse gas (GHG)
emissions. (Silva) (10 mins.)
Recommendation:
Adopt Resolution No. 2017-__, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING THE CITY’S
EMISSIONS REDUCTION ACTION PLAN THAT SERVES AS A GUIDE TO
IMPROVE THE CITY’S SUSTAINABILITY BY IMPLEMENTING MEASURES TO
REDUCE GREENHOUSE GAS EMISSIONS OVER THE NEXT 20 YEARS.
5. Consideration and possible action relating to state imposed standards for accessory
dwelling units and newly enacted housing legislation. (Gerli) (30 mins.)
Recommendation:
(1) Provide direction regarding weather City should join Take
Back Our Community Coalition; and, (2) Provide direction regarding forming or
joining coalition to lobby state for greater local control of housing projects.
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.
City Council Agenda
November 8, 2017
Page 6 of 8
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 November 21, 2017 for a Closed Session meeting and 7:00 P.M.
for a Regular meeting.
City Council Agenda
November 8, 2017
Page 7 of 8
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
November 8, 2017
Page 8 of 8
_ . '/./:
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 Meetings of the City Council;
Successor Agency for the Redevelopment Agency and the Improvement Authority
for November 8, 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: I( ' P.r1. Ilk
Dated: October 31, 2017
dopik
Clerk
W:\01 City Clerk\2017 CITY COUNCIL AGENDAStAffidavits of Posting\20171003 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.conn/rpv