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CC AGD 20180403 AGENDA RANCHO PALOS VERDES CITY COUNCIL MEETING TUESDAY, APRIL 3, 2018 FRED HESSE COMMUNITY PARK, MCTAGGART HALL 29301 HAWTHORNE BOULEVARD, RANCHO PALOS VERDES 90275 5:30 P.M. – CLOSED SESSION – ADJOURNED REGULAR MEETING 7:00 P.M. – REGULAR MEETING NEXT RESOLUTION NO. 2018-17 NEXT ORDINANCE NO. 606 5:30 P.M. CLOSED SESSION – ADJOURNED REGULAR MEETING CALL TO ORDER: Mayor Brooks ROLL CALL: Councilman Alegria Councilman Cruikshank Councilman Dyda Mayor Pro Tem Duhovic Mayor Brooks PUBLIC COMMENTS: 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 PUBLIC EMPLOYEE PERFORMANCE EVALUATION 1. GC 54957 Title: City Attorney (Specialty position) POTENTIAL LITIGATION AGAINST THE CITY 2. GC 54956.9(d)(2) and (e)(2) 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 from Green Hills Memorial Park’s attorney Ellen Berkowitz, dated December 4, 2017, relating to potential California Public Records Act violations by the City, former Mayor Brian Campbell, and Planning Commissioner David Tomblin. The letter is available for public inspection at the City Clerk’s Office. INITIATION OF LITIGATION BY CITY 3. GC 54956.9(d)(4) One (1) Potential Case. 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) ADJOURN TO THE 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: 1. Presentation of DMV/Donate Life California Month Proclamation. 2. Citizen of the Month presentation honoring Ray Mathys. 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 Council Agenda April 3, 2018 Page 2 of 6 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 February 20, 2018, Regular meeting and March 6, 2018, Regular meeting. C. Register of Demands (Cullen) Recommendation: 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. D. Consideration and possible action regarding the February 2018 Cash Balances/Monthly Treasurer’s Report. (Lin) Recommendation: Receive and file the February 2018 Cash Balances/Monthly Treasurer’s Report. E. Consideration and possible action to approve an agreement for $34,989.25 with ECS Imaging, Inc. to implement a mirror appliance for the City’s existing California “Trusted Systems” document backup system. (Landon) Recommendation: Approve entering into an agreement with ECS Imaging, Inc. F. Consideration and possible action to authorize the City Clerk to file a Notice of Completion for the Residential Street Rehabilitation Project – Area 7, Phase I, Project No. 004917. (Chan) 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 retention payment to Sully-Miller Contracting Company, 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. City Council Agenda April 3, 2018 Page 3 of 6 G. Consideration and possible action to authorize the City Clerk to file a Notice of Completion for the Residential Street Rehabilitation Project – Area 7, Phase II, Project No. 004917. (Chan) 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 retention payment to American Asphalt South, Inc., 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. 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 review the City’s film permit regulations and procedures, and to adopt a Film Permit Cancellation Fee. (Fox) (30 mins.) Recommendation: (1) Review the City’s film permit regulations and procedures, and provide direction to Staff as appropriate; and, (2) Adopt Resolution No. 2018-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 2010-77 TO ADD A CANCELLATION FEE FOR FILM PERMIT APPLICATIONS TO THE MASTER SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES. 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. Report of legal fees spent by the City as a result of Public Records Act requests made by former mayor Brian Campbell, or attempting to obtain compliance from Mr. Campbell for Public Records Act requests that sought emails to/from Mr. Campbell on his private email account. (Aleshire) (10 mins.) Recommendation: The Council, on February 6, 2018, received a report from the City Attorney on the City Attorney’s efforts to comply with public records requests from Michael Huang and Green Hills and to obtain City-related emails located on Mr. Campbell’s private email accounts. The report included a chronology showing that City Council Agenda April 3, 2018 Page 4 of 6 over a two year period Mr. Campbell had not complied with any such public record requests. The Council requested a summary of the City’s costs in these efforts. 3. Consideration and possible action regarding access and parking options for Park Place at Del Cerro Park. (Sassoon) (1 hour) Recommendation: Provide direction to Staff as how to proceed regarding access and parking options for Park Place at Del Cerro Park. 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 Councilmembers 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 Councilmembers, as elected officials of the City, to report action taken at intergovernmental organizations, committee, or association meetings. Councilmembers 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 April 12, 2018, for an Adjourned Regular meeting. City Council Agenda April 3, 2018 Page 5 of 6 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 April 3, 2018 Page 6 of 6 E. . CITY OF -41S,, 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 and Regular Meetings of the City Council; Successor Agency for the Redevelopment Agency and the Improvement Authority for April 3, 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. Time: Lc; P M Dated: March 27, 2018 ANS y Clerk W:101 City Clerk12018 CITY COUNCIL AGENDAS\Affidavits of Posting\20180403 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