CC AGD 20190205 (Canceled)
30940 HAWTHORNE BOULEVARD / RANCHO PALOS VERDES, CA 90275-5391
TEL. (310) 544-5200 / EMAIL: cityclerk@rpvca.gov / WEB: www.rpvca.gov
NOTICE OF CANCELED MEETING
NOTICE IS HEREBY GIVEN that the City Council, Successor Agency to the Redevelopment Agency,
and the Improvement Authority Regular meetings of Tuesday, February 5, 2019, to be held at 7:00
P.M., have been canceled due to lack of quorum. The Closed Session to be held at 6:00 P.M. has
also been canceled.
The next scheduled meeting for the City Council, Successor Agency to the Redevelopment Agency,
and the Improvement Authority is set for Tuesday, February 19, 2019, at 7:00 P.M. at Fred Hesse
Community Park, McTaggart Hall, 29301 Hawthorne Boulevard, Rancho Palos Verdes 90275.
Dated this 5th day of February 2019
_____________________________
Emily Colborn, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss. AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES )
I, Emily Colborn, declare as follows:
That I am the City Clerk of the City of Rancho Palos Verdes and that on February 5, 2019, at 12:00 P.M. I
caused a copy of the above notice to be posted at or near the door where said meeting was to be held.
I declare under penalty of perjury that the foregoing is true and correct.
Dated this 5th day of February 2019
_____________________________
Emily Colborn, MMC, City Clerk
AGENDA
RANCHO PALOS VERDES CITY COUNCIL MEETING
TUESDAY, FEBRUARY 5, 2019
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. 2019-03 NEXT ORDINANCE NO. 618
6:00 P.M. CLOSED SESSION
CALL TO ORDER: Mayor Duhovic
ROLL CALL: Councilman Alegria
Councilwoman Brooks
Councilman Dyda
Mayor Pro Tem Cruikshank
Mayor Duhovic
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)
a. Name of case: Mark J. Doddy v. City of Palos Verdes [sic]; L.A. Superior
Court, Case No. YC072950
City Council Agenda
February 5, 2019
Page 2 of 6
b. Name of Case: City of San Jose, et al. v. Federal Communications
Commission, 18-9563 (Ninth Circuit Court of Appeals)
2. PENDING LITIGATION – INITIATION OF LITIGATION BY CITY
GC SECTION 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 in one (1) case.
RECESS TO CLOSED SESSION (FIRESIDE ROOM):
ADJOURN TO REGULAR MEETING (MCTAGGART HALL):
7:00 P.M. – REGULAR MEETING
CALL TO ORDER: Mayor Duhovic
ROLL CALL: Councilman Alegria
Councilwoman Brooks
Councilman Dyda
Mayor Pro Tem Cruikshank
Mayor Duhovic
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
February 5, 2019
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 December 18, 2018 and January
15, 2019.
C. Register of Demands (Cullen)
Recommendation: Adopt Resolution No. 2019-__, 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 November 2018 Cash Balances/
Monthly Treasurer’s Report. (Lin)
Recommendation: Receive and file the report.
E. Consideration and possible action regarding the December 2018 Cash Balances/
Monthly Treasurer’s Report. (Lin)
Recommendation: Receive and file the report.
F. Consideration and possible action to adopt Ordinance No. 617 repealing and
replacing Chapter 8.04 (Health Code) of Title 8 (Health and Safety) of the Rancho
Palos Verdes Municipal Code to implement Chapter 11.38 of the Los Angeles
County Health and Safety Code as it relates to Onsite Wastewater Treatment
Systems (Case No. PLCA2019-0001). (Silva)
Recommendation: Adopt Ordinance No. 617, AN ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES TO REPEAL AND REPLACE MUNICIPAL CODE
SECTION 8.04.010 (ADOPTION OF LOS ANGELES COUNTY HEALTH AND
SAFETY CODE) TO IMPLEMENT CHAPTER 11.38 OF THE LOS ANGELES
COUNTY HEALTH AND SAFETY CODE RELATED TO ONSITE WASTEWATER
TREATMENT SYSTEMS (CASE NO. PLCA2019-0001).
G. Consideration and possible action to receive and file a status report on the enforcement
of the City’s prohibition of short-term rentals. (Le)
Recommendation: Receive and file the report.
City Council Agenda
February 5, 2019
Page 4 of 6
H. Consideration and possible action to authorize the City Clerk to file a Notice of
Completion for the Residential Street Rehabilitation Project Phase I, Area 8 PCC
Improvements and AC Repairs Project, Project #022417 and authorize a budget
transfer by decreasing the Capital Improvement Fund by $2,000,000 and increasing
the Measure R Fund by $2,000,000. (Flannigan)
Recommendation: (1) Accept the project as complete; (2) Authorize a budget
transfer by decreasing $2,000,000 in the Capital Improvement Fund and increasing
$2,000,000 in the Measure R Fund; (3) Authorize the City Clerk to file a Notice of
Completion for the project with the Los Angeles County Recorder; and if no claims
are filed within 35 days after recordation, send a notice to the surety company to
exonerate the Performance Bond; and (4) Authorize the Director of Public Works to
release the 5% construction retention payment to Hardy & Harper, Inc., 35 days after
recordation of the Notice of Completion by the Los Angeles County Recorder,
contingent upon no claims being filed on the project, and the contractor posting an
acceptable warranty bond with the City.
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 conduct the 2018 Annual Review of Green
Hills’ compliance with the Conditions of Approval associated with the Green Hills
Memorial Park Conditional Use Permit. (Kim) (90 mins.)
Recommendation: Receive and file a report finding that Green Hills Memorial Park
is in compliance with its Conditional Use Permit.
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.
None.
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:
City Council Agenda
February 5, 2019
Page 5 of 6
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 February 19, 2019, for a Closed Session meeting and 7:00
P.M. for a Regular meeting.
City Council Agenda
February 5, 2019
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.
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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 February 5, 2019, 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.
cicp' r
Time:
Dated: January 29, 2019
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C' y Clerk
L:A2019 CITY COUNCIL AGENDAS\2019 Affidavits of Postings\20190205 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