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CC AGD 20171205 AGENDA RANCHO PALOS VERDES CITY COUNCIL MEETING TUESDAY, DECEMBER 5, 2017 FRED HESSE COMMUNITY PARK, MCTAGGART HALL 29301 HAWTHORNE BOULEVARD, RANCHO PALOS VERDES 90275 7:00 P.M. – REGULAR MEETING CLOSED SESSION - IMMEDIATELY FOLLOWING THE AGENCY (IA AND SA) MEETINGS NEXT RESOLUTION NO. 2017-63 NEXT ORDINANCE NO. 605 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 MAYOR’S ANNOUNCEMENTS: APPROVAL OF AGENDA: CEREMONIAL MATTERS AND CERTIFICATION OF ELECTION: 1. Presentation to Mayor Campbell and Councilman Misetich. 2. Remarks by Council Members. 3. Consideration and possible action to certify the results of the General Municipal Election of November 7, 2017. (Colborn) Recommendation: AdoptResolution No. 2017-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY ON NOVEMBER 7, 2017, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW. 4. Swearing in and Seating of Newly Elected Council Members Eric Alegria and John Cruikshank. (Colborn) 5. Council Reorganization a. Selection of Mayor Action Required: (1) City Clerk will ask for nominations for Mayor; and, (2) City Council to elect by majority vote. b. Selection of Mayor Pro Tem Action Required: (1) Newly appointed Mayor will ask for nominations for Mayor Pro Tem; and, (2) City Council to elect by majority vote. c. Comments by newly appointed Mayor, Mayor Pro Tem, and Council Members. RECESS TO RECEPTION: (30 mins) A reception will be held to honor the outgoing and incoming Council Members. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: 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. City Council Agenda December 5, 2017 Page 2 of 8 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 November 8, 2017 Regular City Council meeting. 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 (Check date 11/03/2017); 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 (Check date 11/17/17). D. Consideration and possible action to authorize City participation in the 2020 U.S. Census Local Update of Census Addresses (LUCA) program. (Landon) Recommendation: Authorize the Mayor to sign the LUCA Participation Registration Form. E. Consideration and possible action to authorize the Mayor to execute the Fourth Tolling Agreement with the BKK Working Group related to the BKK Corporation Landfill in West Covina. (Ramezani) Recommendation: Authorize the Mayor to execute the attached Fourth Tolling Agreement between the BKK Working Group and the City of Rancho Palos Verdes. F. Consideration and possible action to review the current status of Border Issues. (Fox) Recommendation: Receive and file the second biannual report on the status of Border Issues for 2017. G. Consideration and possible action to send a letter in support of California Water Service’s Palos Verdes Peninsula Water Reliability Project. (Fox) Recommendation: Authorize the Mayor to sign a letter in support of the Palos Verdes Peninsula Water Reliability Project. H. Consideration and possible action to approve the proposed FY18-19 Community Development Block Grant (CDBG) project and budget. (Gibson) Recommendation: (1) Approve the proposed FY18-19 Community Development project and budget; (2) Authorize the Director of Public Works to execute an agreement for the FY18-19 CDBG project with the Los Angeles County Community Development Commission (LACDC), subject to approval as to form by the City Attorney; and, (3) Authorize the Director of Public Works to adjust the project budget, as necessary, to take into account the final CDBG allocations and any amounts unexpended at the close of FY17-18. City Council Agenda December 5, 2017 Page 3 of 8 I. 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) Recommendation: (1)Adopt Ordinance No. 602, 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 EXEMPTION FROM CEQA (CASE NO. ZON2017-00430); and, (2) Adopt Ordinance No. 603, 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. J. Consideration and possible action to approve an agreement for $102,256 with Crayon Software Experts for a three-year Microsoft Enterprise Agreement (EA). (Landon) Recommendation: Approve entering into the Microsoft Enterprise Agreement for the proper licensing of the City’s Microsoft software. K. Consideration and possible action to accept Gifts for Parks donations. (Hirsch) Recommendation: Accept Gifts for Parks donations and direct Staff to prepare donor letters of appreciation for the Mayor’s signature. L. Consideration and possible action to approve Amendment No. 1 to the agreements with seven authorized commercial haulers for calendar years 2018, 2019 and 2020. (Ramezani) Recommendation: (1) Approve the Amendment No. 1 to the commercial hauler agreements with California Waste Services LLC; CalMet Services, Inc.; Consolidated Disposal Service, LLC Republic Services; EDCO Disposal DBA Corporation; Universal Waste Systems, Inc.; USA Waste of California, Inc., DBA Waste Management of Los Angeles; and West Coast Waste & Roll Off Service for calendar years 2018 to 2020; and, (2) Adopt Resolution No. 2017-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES LIMITING THE NUMBER OF HAULERS AUTHORIZED TO PROVIDE SOLID WASTE COLLECTION AND RECYCLING SERVICES TO COMMERCIAL PREMISES, AND ROLL OFF SERVICES TO RESIDENTIAL AND COMMERCIAL PREMISES IN THE CITY OF RANCHO PALOS VERDES IN CALENDAR YEARS 2018 TO 2020. M. Consideration and possible action to approve the amended FY17-18 work plan for the Emergency Preparedness Committee (EPC). (Bonano) Recommendation: Approve the amended FY17-18 EPC work plan. City Council Agenda December 5, 2017 Page 4 of 8 N. Consideration and possible action to approvethe amended FY17-18 work plan for the Infrastructure Management Advisory Committee (IMAC). (Ramezani) Recommendation: Approve the amended FY17-18 IMAC work plan. O. Consideration and possible action for the City to approve the proposed FY17-18 Finance Advisory Committee (FAC) Work Plan. (Cullen) Recommendation: Approve the proposed FY17-18 Finance Advisory Committee Work Plan. 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). 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 to send a letter to the Department of Toxic Substances Control (DTSC) asking for an extension of the 30-day comment period on the Preliminary Endangerment Assessment for the Ladera Linda Fields site. (Fox) (30 mins.) Recommendation: Direct Staff to either take no action or to prepare a letter to DTSC requesting an extension of the 30-day comment period. 2. Consideration and possible action to initiate code amendment proceedings to Chapters 15.34 (Water Efficient Landscaping), 17.60 (Conditional Use Permits) and 17.76 (Miscellaneous Permits & Standards) of the City’s Municipal Code in order to address Code inconsistencies and clarify regulations. (Silva and Anaya) (30 mins.) Recommendation: Initiate code amendment proceedings to certain sections of Chapters 15.34 (Water Efficient Landscaping), 17.60 (Conditional Use Permits), and 17.76.070 (Grading Permit) of the City’s Municipal Code in order to address Code inconsistencies and clarify regulations. City Council Agenda December 5, 2017 Page 5 of 8 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. RECESS TO AGENCY MEETINGS (SA AND IA): RECONVENE TO OPEN SESSION: CLOSED SESSION IMMEDIATELY FOLLOWING THE AGENCY MEETINGS CALL TO ORDER: Newly appointed Mayor ROLL CALL: Councilman Alegria Councilwoman Brooks Councilman Cruikshank Councilman Duhovic Councilman Dyda 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. City Council Agenda December 5, 2017 Page 6 of 8 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. 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 email communications from Mr. Michael Huang to the City Attorney and City Council, on miscellaneous dates including October 16, 2017, alleging that an email sent by Mayor Campbell dated October 4, 2017, regarding the November 7, 2017 election, impugned Mr. Huang’s character and damaged his reputation, and demanding the City take an official position regarding the communication by Mayor Campbell. Significant exposure to litigation is further based on a cease and desist letter from Mr. Jeff Lewis to the City Attorney and City Clerk dated October 24, 2017, alleging that the urgency item placed on the October 17, 2017 closed session agenda, addressing Mr. Huang’s communications as described herein, violated the Brown Act. 4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION GC 54957 Title: City Attorney (Specialty position) RECESS TO CLOSED SESSION (): FIRESIDE ROOM RECONVENE TO OPEN SESSION: (MCTAGGART HALL) CLOSED SESSION REPORT: ADJOURNMENT: Adjourn to 6:00 P.M. on December 19, 2017, for a Closed Session meeting and 7:00 P.M. for a Regular meeting. City Council Agenda December 5, 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 December 5, 2017 Page 8 of 8 2 ti<f'r ct,.xri y VSs' h 3 s vsyc�5f" CITY OF RA\CHO 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 December 5, 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: . 1 o PA/ Dated: November 28, 2017 t\ • ,Clerk -_ R . __ W:101 City Clerk12017 CITY COUNCIL.AGENDASIAffidavits of Posting120171205 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