CC AGD 20180206
AGENDA
RANCHO PALOS VERDES CITY COUNCIL MEETING
TUESDAY, FEBRUARY 6, 2018
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. 2018-05 NEXT ORDINANCE NO. 605
6:00 P.M. CLOSED SESSION
CALL TO ORDER:
Mayor Brooks
ROLL CALL:
Councilman Alegria
Councilman Cruikshank
Councilman Dyda
Mayor Pro Tem Duhovic
Mayor Brooks
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
POTENTIAL LITIGATION AGAINST THE CITY
1.
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 Brooks
ROLL CALL:
Councilman Alegria
Councilman Cruikshank
Councilman Dyda
Mayor Pro Tem Duhovic
Mayor Brooks
PLEDGE OF ALLEGIANCE:
To be announced
CLOSED SESSION REPORT:
MAYOR’S ANNOUNCEMENTS:
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.
City Council Agenda
February 6, 2018
Page 2 of 7
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 January 16, 2018, Special Closed
Session and Regular meeting.
C. Register of Demands (Cullen)
Recommendation:
(1) Adopt Resolution No. 2018-__, 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 run date 01/12/18). (2) Adopt Resolution No.
2018-__, 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 run
date 01/26/18).
D. Consideration and possible action to authorize the City Clerk to file a Notice of
Completion for the Coastal Bluff Fencing Project - Phase I. (Dragoo)
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 Registrar-
Recorder’s Office, and if no claims are filed within 35 days of recordation, send a
notice to the surety to exonerate the Performance Bond; and, (3) Authorize the
Director of Public Works to release the 5% construction retention payment to Harris
Steel Fence Company, Inc. 35 days immediately following recordation of the Notice
of Completion by the Los Angeles County Recorder, contingent upon no claims
being filed on the project.
E. Consideration and possible action to authorize the City Clerk to file a Notice of
Completion for the PVIC Sunset Room Acoustical Improvements 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 Registrar-
Recorder’s Office, 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 C.E. Pickup
Company, Inc. dba Pacific Sound Control, a California 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.
F. Consideration and possible action to approve the professional services agreement
for school flagging operations for the remainder of school calendar year 2017-2018
and the full school calendar year 2018-19, and approve an additional budget
appropriation. (Ramezani)
City Council Agenda
February 6, 2018
Page 3 of 7
Recommendation:
(1) Authorize the Mayor to execute the attached professional
services agreement with Sunbeam Solar Technologies, DBA Sunbeam Consulting,
for school flagging operations for the remainder of school calendar year 2017-2018,
and the full school calendar year 2018-19; and, (2) Approve an additional budget
appropriation in the amount of $50,000 in the Traffic Management Fund for Account
No. 101-400-3120-5101 to cover the needed costs for the remainder of FY17-18
G. Consideration and possible action to oppose Senate Bill No. 827 regarding “transit-
rich housing bonuses” for multifamily housing projects. (Fox)
Recommendation:
Authorize the Mayor to sign a letter to Senator Weiner in
opposition to Senate Bill No. 827 (SB 827) regarding “transit-rich housing bonuses”
for multifamily housing projects.
H. Consideration and possible action regarding the December 2017 Cash
Balances/Monthly Treasurer’s Report. (Lin)
Recommendation:
Receive and file the December 2017 Cash Balances/Monthly
Treasurer’s Report.
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 an ordinance 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 to include commercial uses (Case No. ZON2017-00486).
(Silva) (15 mins.)
Recommendation:
Introduce Ordinance No.__,AN ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES AMENDING CHAPTER 17.96 (DEFINITIONS) OF
TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE BY
EXPANDING THE DEFINITION OF A SHORT-TERM RENTAL TO INCLUDE
COMMERCIAL USES, AND FINDING AN EXEMPTION FROM CEQA (CASE NO.
ZON2017-00486).
2. Consideration and possible action to conduct the 2017 annual review of Green Hills’
compliance with the Conditions of Approval associated with the Green Hills
Memorial Park Conditional Use Permit. (Kim) (1 hr. 30 mins.)
Recommendation:
(1) Conduct the 2017 annual review of the Green Hills Memorial
Park’s compliance with the Conditional Use Permit; and, (2) Adopt Resolution No.
City Council Agenda
February 6, 2018
Page 4 of 7
2018-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES REVISING THE CONDITIONS OF APPROVAL OF THE GREEN
HILLS MEMORIAL PARK MASTER PLAN, CONDITIONAL USE PERMIT NO. 155,
FOR PROPERTY LOCATED AT 27501 WESTERN AVENUE (GREEN HILLS
MEMORIAL PARK).
3. Consideration and possible action to grant an appeal and overturn the Planning
Commission’s denial of Major Wireless Telecommunication Facility ASG No. 36 to
install a Wireless Telecommunication Facility on a new pole within the public right-of-
way across from 28907 Doverridge Drive. (Bashmakian) (5 mins.)
Recommendation:
At the Applicant’s request, maintain jurisdiction over the appeal
and refer the application back to the Planning Commission for review of proposed
revisions at a future duly-noticed public hearing, and direct the Planning Commission
to forward its recommendation to the City Council for consideration at a future duly-
noticed public hearing.
4. Consideration and possible action to grant an appeal and overturn the Planning
Commission’s denial of Major Wireless Telecommunication Facility ASG No. 48 to
install a Wireless Telecommunication Facility on an existing utility pole at the
terminus of Mossbank Drive west of Basswood Avenue. (Bashmakian) (5 mins.)
Recommendation:
At the Applicant’s request, maintain jurisdiction over the appeal
and refer the application back to the Planning Commission for review of proposed
revisions at a future duly-noticed public hearing, and direct the Planning Commission
to forward its recommendation to the City Council for consideration at a future duly-
noticed public hearing.
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.
5. Consideration and possible action to address Brown Act and Public Records Act
request issues (Aleshire) (30 mins.)
Recommendation:
(1)Reauthorize in open session a letter being sent to Michael
Huang stating that former Mayor Brian Campbell’s October 5, 2017 email regarding
Mr. Huang, violated a Council Protocol (#14) and was his own personal view and not
authorized by the City Council. (2) Authorize a letter to Attorney Jeffrey Lewis which
makes an unconditional commitment as to when threats of litigation are added to the
closed session agenda, facts and circumstances of the threat will be orally
disclosed. (3) Determining that the City has been unable to obtain from former
Mayor Brian Campbell City-related emails on his personal email servers to comply
with Public Records Requests from Mr. Huang, requested on November 10, 2017
(and clarified on November 14, 2017) and from Attorney Ellen Berkowitz requested
on December 4, 2017 (a renewal of a May 20, 2016 request to which Mr. Campbell
did not respond); that such failure will subject the City to litigation; and that under
Sections 12.3, 12.4 of the Council Procedures Manual, Mr. Campbell’s failure to
City Council Agenda
February 6, 2018
Page 5 of 7
cooperate with the City Attorney in providing the public records waives his right to
defense and indemnification by the City.
6. Consideration and possible action to approve the First Amendment to the City
Manager’s Employment Agreement. (Aleshire) (15 mins.)
Recommendation:
Approve the First Amendment to the City Manager’s
Employment Agreement.
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 5:30 P.M. on February 20, 2018 for an adjourned regular meeting to conduct
Planning Commission interviews.
City Council Agenda
February 6, 2018
Page 6 of 7
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
February 6, 2018
Page 7 of 7
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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 agendas for the Adjourned Regular Meeting (Interviews);
Regular Meeting of the City Council; Successor Agency for the Redevelopment
Agency and the Improvement Authority for February 6, 2018, 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.
..5o
e*-1.
Time:
Dated: January 30, 2018
47,. City Clerk
W:\01 City Clerk\2018 CITY COUNCIL AGENDAS\Affidavits of Posting\20180206 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