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CC AGD 20180501 AGENDA RANCHO PALOS VERDES CITY COUNCIL MEETING TUESDAY, MAY 1, 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. 2018-26 NEXT ORDINANCE NO. 608 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 1. POTENTIAL LITIGATION AGAINST THE CITY GC 54956.9(d)(2) and (e)(2) A point has been reached where, in the opinion of the City Council 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 fact and circumstances consist in City Council Agenda May 1, 2018 Page 2 of 7 a potential claim by ABNY Engineering, Inc. based on the City’s termination of a public works contract. 2. INITIATION OF LITIGATION BY CITY GC 54956.9(d)(4) A closed session is being held, pursuant to G.C. 54956.9(d)(4) because the City is considering whether to initiate litigation in one case. 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: 1. Citizens’ Award presentation honoring Ray Mathys 2. Recognition of Lomita Station Deputies 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: City Council Agenda May 1, 2018 Page 3 of 7 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 March 29, 2018, Adjourned Regular meeting (NCCP); April 12, 2018, Adjourned Regular meeting (Budget Workshop); April 17, 2018, Adjourned Regular meeting (IMAC Interviews); and April 17, 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 to approve Amendment No. 1 to the Professional Services Agreement with Charles Abbott Associates, Inc., for the implementation of the Source Reduction and Recycling Element of the AB 939 Solid Waste and Recycling Program. (Ramezani) Recommendation: (1) Approve Amendment No. 1 to the Professional Services Agreement with Charles Abbott Associates, Inc. for Source Reduction and Recycling Element (SRRE) implementation and other solid waste services for FY18-19; and (2) Authorize the expenditure of up to $20,000, with a $5,000 contingency for a total not to exceed of $25,000 for FY18-19. E. Consideration and possible action to adopt Ordinance No. 606 to amend Chapter 17.60 (Conditional Use Permit) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code to clarify a compliance review process for Conditional Use Permits (Case No. ZON2017-00595). (Silva) Recommendation: Adopt Ordinance No. 606, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 17.60 (CONDITIONAL USE PERMIT) OF TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO CLARIFY THAT THE FINAL DECIDING BODY, UNLESS EXPRESSLY STATED IN THE ADOPTED CONDITIONS OF APPROVAL, SHALL CONDUCT COMPLIANCE REVIEWS OF CONDITIONAL USE PERMITS. City Council Agenda May 1, 2018 Page 4 of 7 F. Consideration and possible action regarding the March 2018 Cash Balances/Monthly Treasurer’s Report. (Lin) Recommendation: Receive and file the March 2018 Cash Balances/Monthly Treasurer’s Report. G. Consideration and possible action to approve additional appropriation for school flagging operations. (Ramezani) Recommendation: (1) Authorize the Mayor to execute the attached Amendment #1 to professional services agreement with Sunbeam Solar Technologies, DBA Sunbeam Consulting, to include the school flagging operations for the 2018 and 2019 summer schools; and, (2) Approve an additional budget appropriation in the amount of $15,694 for FY17-18 and $16,478.70 for FY18-19 to cover the needed 2018 and 2019 summer school flagging costs, including $3,000 for contingency in FY18-19. 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 (1) initiate a City proceeding to investigate possible violation(s) of the “closed session privilege” codified in the Ralph M. Brown Act, Government Code § 54963; (2) direct Staff and the Office of the City Attorney to conduct such investigation; (3) task the recently created ad hoc subcommittee to oversee such investigation and to report the results of the same to the full City Council as and when appropriate; and (4) authorize the issuance of legislative subpoenas, if and as needed, to aid in such investigation. (Wynder) (10 mins.) Recommendation: (1) Approve Resolution No. 2018-__, A RESOLUTION OF THE COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, INITIATING A CITY PROCEEDING TO INVESTIGATE POSSIBLE VIOLATION(S) OF THE RALPH M. BROWN ACT, GOVERNMENT CODE §§ 54950 ET SEQ.; DIRECTING CITY STAFF AND THE OFFICE OF THE CITY ATTORNEY TO City Council Agenda May 1, 2018 Page 5 of 7 CONDUCT SUCH INVESTIGATION; TASKING THE RECENTLY CREATED AD HOC SUBCOMMITTEE TO OVERSEE SUCH INVESTIGATION AND TO REPORT THE RESULTS OF THE SAME TO THE FULL CITY COUNCIL AS AND WHEN APPROPRIATE; AND AUTHORIZING THE ISSUANCE OF LEGISLATIVE SUBPOENAS, IF AND AS NEEDED, TO AID IN SUCH INVESTIGATION; and (2) Alternately discuss and take such other action related to this item as the City Council deems appropriate consistent with the requirements of law. 2. Consideration and possible action to receive and file a status report on the City’s participation on the LAX Community Noise Roundtable. (Nemeth) (20 mins.) Recommendation: Receive and file a status report on the City’s participation on the LAX Community Noise Roundtable. 3. Consideration and possible action to review and provide Staff direction on proposed revisions to Special Event Permit Process Ordinance. (Waters) (20 mins.) Recommendation: Provide direction to Staff on potential revisions to Special Event Permit Process Ordinance. 4. Consideration and possible action to introduce ordinances, banning the possession of open containers of alcohol in City parks, beaches, open space areas, and public places, and eliminating the current language allowing smoking in designated areas. (Waters) (30 mins.) Recommendation: (1) Provide direction to Staff to return to City Council with an ordinance prohibiting the possession of open containers of alcohol in City Parks, beaches, open space areas and public places; and, (2) Provide direction to Staff to return to City Council with an ordinance eliminating the current language permitting smoking in designated areas in City Facilities and banning the use of aerosol or vapor producing devices. 5. Consideration and possible action to request the purchase of tax-defaulted property in the 1800-block of Summerland Street (APN 7557-039-095). (Fox) (15 mins.) Recommendation: Authorize the Mayor to sign a Request to Purchase Tax- Defaulted Property from the Los Angeles County Treasurer and Tax Collector for the private street right-of-way of the 1800-block of Summerland Street (APN 7557-039- 095). 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 Agenda May 1, 2018 Page 6 of 7 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 May 15, 2018, to conduct interviews for the Traffic Safety Committee. City Council Agenda May 1, 2018 Page 7 of 7 City Council Agendas and Staff Reports: Agendas and staff reports are available for public review within 72 hours of the meeting at City Hall, 30940 Hawthorne Boulevard during regular business hours, 7:30 A.M. to 5:30 P.M. 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 Correspondence: We highly encourage written materials regarding City Council Agenda items be submitted no 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 Participation: Participants must speak from the podium using the lectern microphone; comments are to be 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 Council Meeting: The Mayor shall order removed from the Council Chambers any person(s) who commit the 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 Meeting: The City Council will adjourn its meetings on or before 11:00 p.m. and will not consider new 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 Disabilities Act: In compliance with the Americans with Disabilities Act, if you require a disability-related 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. f/} f RANCHO CITY OF 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 May 1, 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. 1111111111 Time: 5-5- P • Dated: April 24, 2018 1111 if` Clerk W:\01 City Clerk\2018 CITY COUNCIL AGENDAS\Affidavits of Posting\20180501 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