CC AGD 20171205 Amended
*AMENDED 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
*This agenda has been amended since its original posting. Item #1 Department of Toxic
Substances Control (DTSC) has been removed.
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
City Council Agenda
December 5, 2017
Page 3 of 8
budget, as necessary, to take into account the final CDBG allocations and any
amounts unexpended at the close of FY17-18.
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. *THIS ITEM HAS BEEN REMOVED AND WILL NOT BE HEARD.
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.
Recommendation:
(Fox) (30 mins.) 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
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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 AMENDED agenda for the Regular Meeting of the City
Council for December 5, 2017, was conspicuously posted on the City Hall Bulletin
Board, located at 30940 Hawthorne Boulevard, Rancho Palos Verdes California,
at the time and date indicated below.
6-3 ,. 04213(vk
Time:
Dated: November 29, 2017
• a Ibr , MMC, City Clerk
•
30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 902755391 /(310)377-0360/Fax(310)5445291
www.palosverdes.com/ypv