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CC AGD 20181002 AMENDED AGENDA RANCHO PALOS VERDES CITY COUNCIL MEETING TUESDAY, OCTOBER 2, 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 *THIS AGENDA HAS BEEN AMENDED. CLOSED SESSION NO. 1 WAS REVISED AND CLOSED SESSION NO. 2 WAS ADDED NEXT RESOLUTION NO. 2018-76 NEXT ORDINANCE NO. 610 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. PENDING LITIGATION – EXISTING LITIGATION GC Section 54956.9(d)(1) * City Council Agenda October 2, 2018 Page 2 of 6 Case Name: City of Rancho Palos Verdes v. Eric Mark, Superior Court Case No. BC702161 2. PENDING LITIGATION – POTENTIAL LITIGATION AGAINST THE CITY GC 54956.9(d)(2) and (e)(1) 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 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: * City Council Agenda October 2, 2018 Page 3 of 6 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 August 21, 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 the proposed FY18-19 Work Plans for the Finance Advisory Committee, Emergency Preparedness Committee, Traffic Safety Committee and Infrastructure Management Advisory Committee. (Yap/Cullen/Sassoon) Recommendation: Approve the proposed FY18-19 Work Plans for the following Advisory Committees: (1) Finance Advisory Committee; (2) Emergency Preparedness Committee; (3) Traffic Safety Committee; and, (4) Infrastructure Management Advisory Committee E. Consideration and possible action to approve a settlement agreement and stipulated permanent injunction with Eric Mark and the Eric Mark Trust to settle the City of Rancho Palos Verdes v. Eric Mark et al. case. (Tucker/Wynder) Recommendation: Approve settlement and stipulated permanent injunction with Eric Mark and the Eric Mark Trust. F. Consideration and possible action regarding the August 2018 Cash Balances/Monthly Treasurer’s Report. (Lin) Recommendation: Receive and file the August 2018 Cash Balances/Monthly Treasurer’s Report. G. Consideration and possible action authorizing the Amendment and Restatement of the Agreement for the Traffic Signal Maintenance Agreement FY17-18 through FY20-21 with Econolite Systems. (Carrasco) Recommendation: Approve the Amended & Restated Agreement to the Traffic Signal Maintenance Agreement FY17-18 through FY20-21 with Econolite Systems. City Council Agenda October 2, 2018 Page 4 of 6 H. Consideration and possible action to award a construction contract for the Santa Monica Bay Catch Basin Insert Project and appropriate funds to complete the project. (Eder) Recommendation: (1) Approve the specifications for the Santa Monica Bay Catch Basin Insert Project; (2) Award a construction contract to United Storm Water, Inc. in the amount of $744,943; (3) Authorize the City Manager or Director of Finance to execute contract for project contingency up to an additional 10% ($74,495) for project budget for a total construction authorization of $819,438; (4) Award a Professional Services Agreement to PSOMAS for Construction Management and Inspection Services in the amount of $226,680; and, (5) Authorize the Mayor and City Clerk to execute the Construction and Professional Services Agreements; subject to approval as to form by the City Attorney. 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 receive and file a report on City-wide measures to address coyote issues. (Monroy) (20 mins.) Recommendation: Receive and file a report on measures that the City is implementing to address coyote issues. 2. Consideration and possible action to amend Exception Category ‘T’ of Chapter 15.20 (Moratorium on Land Use Permits) of Title 15 (Buildings and Construction) of the Rancho Palos Verdes Municipal Code as it relates to residential development within Zone 1 of the Landslide Moratorium Area (Case No. PLCA2018-0001). (Silva) (20 mins.) Recommendation: (1) Introduce Ordinance No. __, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING EXCEPTION CATEGORY ‘T’ CHAPTER 15.20 (MORATORIUM ON LAND USE PERMITS) OF TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO EXCLUDE NON-HABITABLE ACCESSORY City Council Agenda October 2, 2018 Page 5 of 6 STRUCTURES FROM THE MAXIMUM STRUCTURE SIZE LIMITATION OF RESIDENTIAL BUILDINGS AND ACCESSORY STRUCTURES WITHIN ZONE 1 OF THE LANDSLIDE MORATORIUM AREA AND TO ALLOW RESIDENTIAL BUILDINGS AT A MAXIMUM HEIGHT OF 26’, WITH THE APPROVAL OF A HEIGHT VARIATION PERMIT (CASE NO. PLCA2018-0001); and, (2) Adopt Resolution No. 2018 - __, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING ADDENDUM NO. 1 TO A PREVIOUSLY-ADOPTED MITIGATED NEGATIVE DECLARATION, AS IT RELATES TO EXCEPTION CATEGORY ‘T’ AND ASSOCIATED RESIDENTIAL DEVELOPMENT WITHIN ZONE 1 OF THE LANDSLIDE MORATORIUM AREA 3. Consideration and possible action to repeal and replace Chapter 8.16 (Weed and Debris Blowers) of Title 8 (Health and Safety) of the City’s Municipal Code to prohibit the use of gas-powered blowers on lots developed with a single-family residential unit. (Arellano) (20 mins.) Recommendation: Introduce Ordinance No. ___, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REPEALING AND REPLACING CHAPTER 8.16 (WEED AND DEBRIS BLOWERS) OF TITLE 8 (HEALTH AND SAFETY) OF THE CITY’S MUNICIPAL CODE REGULATING THE USE OF GAS-POWERED BLOWERS AND PROHIBITING THE USE OF GAS-POWERED BLOWERS ON LOTS DEVELOPED WITH A SINGLE-FAMILY RESIDENTIAL UNIT 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 6:00 P.M. on October 16, 2018, for a Closed Session meeting and 7:00 P.M. for a Regular meeting. City Council Agenda October 2, 2018 Page 6 of 6 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. CITY OF RA\CHO 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 Regular Meetings of the City Council; Successor Agency for the Redevelopment Agency and the Improvement Authority for October 2, 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: :4(54° 1414 Dated: September 26, 2018 City Clerk W:101 City Clerk12018 CITY COUNCIL AGENDAS\Affidavits of Posting120181002 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.rpvca.gov PALOSE CITY OF HO 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 October 2, 2018, (6:00 P.M. Closed Session and 7:00 P.M. Regular Session) 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: 3 : 30 p•-4 Dated: September 26, 2018 V.41111%. 41tI •ity Clerk W:101 City Clerk\2018 CITY COUNCIL AGENDAS\Affidavits of Posting120181002 Affidavit of Posting Reg Agendas CC AMENDED.doc 30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 90275-5391/(310)377-0360/Fax(310)544-5291 www.rpvca.gov