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CC AGD 20180220 AGENDA RANCHO PALOS VERDES CITY COUNCIL MEETING TUESDAY, FEBRUARY 20, 2018 FRED HESSE COMMUNITY PARK, MCTAGGART HALL 29301 HAWTHORNE BOULEVARD, RANCHO PALOS VERDES 90275 6:00 P.M. – CLOSED SESSION AND STUDY SESSION 7:00 P.M. – REGULAR MEETING NEXT RESOLUTION NO. 2018-08 NEXT ORDINANCE NO. 606 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 CONFERENCE WITH LEGAL COUNSEL – POTENTIAL LITIGATION 1. GC 54956.9 (d)(2) and (h) 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; the City is considered to have significant exposure to litigation if an officer or employee of the local agency is a party or has significant exposure to litigation concerning prior or alleged activities during the course and scope of that office or employment, including litigation in which it is an issue whether an activity is outside the course and scope of the office or employment. The existing facts or circumstances consist of a letter from former Mayor Brian Campbell to Mayor Brooks, Mayor Pro Tem Duhovic, and the City Attorney, dated January 30, 2018, requesting that the City provide him with a defense in a deposition in the Loveys v. Green Hills case, Sup. Ct. Case No. BC629637; and a letter from Jeff Lewis, Esq., to the City Attorney, received by the City on February 12, 2018, where Mr. Lewis asserts that he has been retained by Mr. Campbell in the matter and will be sending the City his bills. Both letters are available for public review at the City Clerk’s office. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION 2. 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. RECESS TO CLOSED SESSION (): FIRESIDE ROOM RECONVENE TO STUDY SESSION (): MCTAGGART HALL 6:00 P.M. – STUDY SESSION Immediately Following the Closed Session The Study Session will commence immediately following the Closed Session. The primary purpose of the Study Session is to provide an opportunity for the Council members to interact freely and informally, ask questions and discuss policy items that are listed on the agenda for that specific Study Session. The City Council will also provide direction to Staff regarding upcoming agenda items and tentative agendas, including prioritization of agenda items that are listed on the agenda for that specific study session. No action shall be taken during any Study Session unless the agenda so provides. PUBLIC COMMENTS FOR STUDY SESSION: This section is intended to provide members of the public with the opportunity to comment on Study Session items only. Each speaker will be limited to one (1) minute 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. DISCUSSION TOPICS FOR STUDY SESSION: SS1. Review of Tentative Agendas and ongoing City Council Goals and Priorities Recommendation: Receive and file the Tentative Agendas and Ongoing City Council Goals and Priorities. ADJOURN TO REGULAR MEETING: 7:00 P.M. – REGULAR MEETING CALL TO ORDER: Mayor Brooks ROLL CALL: Councilman Alegria City Council Agenda February 20, 2018 Page 2 of 7 Councilman Cruikshank Councilman Dyda Mayor Pro Tem Duhovic Mayor Brooks PLEDGE OF ALLEGIANCE: To be announced CLOSED SESSION REPORT: MAYOR’S ANNOUNCEMENTS: 1. Whale of a Day Poster Contest Winner (10 mins). RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: APPROVAL OF AGENDA: PUBLIC COMMENTS FOR 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 January 30, 2018, Special meeting. C. Register of Demands (Cullen) Recommendation: None to approve at this time. Next check run will be on 2/23/18. D. Consideration and possible action to award an On-Call Professional Services Contract to Willdan Engineering for Federal, State, and Labor Compliance. (Carrasco) City Council Agenda February 20, 2018 Page 3 of 7 Recommendation: (1) Award a Professional Services Agreement to Willdan Engineering for on-call Professional Services for Federal, State and Labor Compliance in the amount of $70,000; and, (2) Authorize the Mayor and City Clerk to execute the Professional Services Agreement; subject to approval as to form by the City Attorney. E. Consideration and possible action to receive and file the FY 2018-19 Budget Development Calendar. (Nguyen) Recommendation: Receive and file the FY 2018-19 Budget Development Calendar. F. 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. G. Consideration and possible action regarding the proposed Palos Verdes Reef Restoration Project. (Fox) Recommendation: Authorize the Mayor to sign a letter to the State Lands Commission expressing the City Council’s continued opposition to the granting of an off-shore lease for the proposed Palos Verdes Reef Restoration Project. H. Consider authorization of a change order to construction contract with Colich & Sons for change of conditions and authorize the Mayor and City Clerk to execute a Cooperative Agreement with Caltrans to receive $200,000 in State Highway Operation and Protection Program funds to build a segment of storm sewer pipe across Western Avenue under the construction contract with Colich & Sons. (Chan) Recommendation: (1) Authorize a change order of $504,442.62 to construction contract with Colich & Sons for change of conditions; and, (2) Authorize the Mayor and City Clerk to execute the Cooperative Agreement and receive $200,000 in State SHOPP funds. I. Consideration and possible action to amend the Professional Services Agreement with Charles Abbott and Associates, Inc., dated July 1, 2017, to provide Building & Safety plan check services. (DeFazio) Recommendation: Approve Amendment No. 1 to the Professional Services Agreement with Charles Abbott and Associates, Inc. to increase the contract sum by $4,770.50, to a total of $29,769.50, for on-call Building & Safety plan check services provided to the City through August 2017. J. Consideration and possible action to authorize the City Clerk to file a Notice of Completion for the Eastview Park Improvements and Dog Park Project. (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 company to exonerate the Performance Bond; and, (3) Authorize the Director of Public Works to release the 5% construction retention payment to Horizons Construction Co. Int’l, Inc. 35 days immediately following recordation of the City Council Agenda February 20, 2018 Page 4 of 7 Notice of Completion by the Los Angeles County Recorder, contingent upon no claims being filed on the project. K. Consideration and possible action to adopt Ordinance No. 605 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) Recommendation: Adopt Ordinance No. 605, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 17.96 (DEFINITIONS) OF TITLE 17 (ZONING) OF THE CITY OF 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). 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 regarding an appeal of the Planning Commission’s approval of Vesting Parcel Map No. 72658, Height Variation Permit, Grading Permit, and Site Plan Review (Case Nos. SUB2014-00003, ZON2014- 00273 and ZON2016-00120) for the property located at 27581 Palos Verdes Drive East (Silva) (1 hour) Recommendation: Adopt Resolution No. 2018-___, A RESOLUTION OF THE CITY OF RANCHO PALOS VERDES DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION’S DECISION, APPROVING VESTING TENTATIVE PARCEL MAP NO. 72658, HEIGHT VARIATION PERMIT, GRADING PERMIT, AND SITE PLAN REVIEW TO ALLOW THE DEMOLITION OF AN EXISTING RESIDENCE AND THE SUBDIVISION OF AN EXISTING LOT INTO TWO SEPARATE LOTS TO ACCOMMODATE THE CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE ON EACH LOT WITH ASSOCIATED GRADING LOCATED AT 27581 PALOS VERDES DRIVE EAST (CASE NOS. SUB2014-0003, ZON2014-00273 & ZON2016-00120) 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. City Council Agenda February 20, 2018 Page 5 of 7 2. Consideration and possible action to modify the scope of services and contract sum of the Contract Services Agreement with Daniel B. Stevens & Associates. (Dragoo) (15 mins.) Recommendation: (1) Authorize Staff to execute the attached Change Order No. 2 allowing for the modified scope of services to include responses to public comments, an additional community workshop, and attendance at a City Council meeting, to the existing contract with Daniel B. Stevens & Associates, in an amount not to exceed $34,587; and, (2) Authorize an additional appropriation to the project in the amount of $34,587. 3. Consideration and possible action to re-introduce a Haul Route Ordinance. (Sassoon) (10 mins.) Recommendation: Re-introduce Ordinance No. 599, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADDING CHAPTER 12.06 (REGULATION OF EARTH HAULING OPERATIONS) TO TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO REGULATE EARTH HAULING OPERATIONS IN THE CITY OF RANCHO PALOS VERDES. 4. Consideration and possible action to appoint four members to the Planning Commission, and appoint one member to serve as Chair of the Planning Commission. (Colborn) (15 mins.) Recommendation: (1) Appoint four members to the Planning Commission, each with a four-year term of office expiring on the date of the first regular City Council meeting in December of odd-numbered years (December 7, 2021), or until a successor is appointed, pursuant to Section 2.20.020 of the Rancho Palos Verdes Municipal Code; and, (2) Appoint one member of the Planning Commission to serve as Chair for a period of one year. 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 March 6, 2018, for an Adjourned Regular meeting to conduct interviews for the Finance Advisory Committee followed by a Closed Session meeting at 6:00 P.M. and 7:00 P.M. for a Regular meeting. City Council Agenda February 20, 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 20, 2018 Page 7 of 7 4 A 7 L. CITY OFRANCHO 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 agenda for the Regular Meeting of the City Council for February 20, 2018, 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. Time: le'')° P.r1 Ilk Dated: February 13, 2018 lillatk _V %114111111110 Clerk W:\01 City Clerk\2018 CITY COUNCIL AGENDAS\Affidavits of Posting\20180220 Affidavit of Posting Reg Agendas and Special Meeting(interviews).doc 30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 90275-5391 /(310)377-0360/Fax(310)544-5291 www.palosverdes.com/rpv