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CC AGD 20190402 AGENDA RANCHO PALOS VERDES CITY COUNCIL MEETING TUESDAY, APRIL 2, 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. 2019-10 NEXT ORDINANCE NO. 620 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 April 2, 2019 Page 2 of 7 b. Name of Case: City of San Jose, et al. v. Federal Communications Commission, 18-9563 (Ninth Circuit Court of Appeals) 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 in at least one case. 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS GC SECTION 54956.8 Property: Ladera Linda Fields (APN 7564-001-909) Agency negotiator: Doug Willmore, City Manager Negotiating parties: City of Rancho Palos Verdes and Alex Cherniss, PVPUDS Superintendent Under negotiation: Price and terms of payment 4. CONFERENCE WITH LABOR NEGOTIATORS GC SECTION 54957.6 A closed session will be held, pursuant to Government Code § 54957.6, between City Manager, Doug Willmore, Deputy City Manager, Gabriella Yap, and Director of Finance, Deborah Cullen, its negotiators(s), regarding labor negotiations with the Rancho Palos Verdes Employees Association (RPVEA) and certain unrepresented management employees. 5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION GC 54957(b) Title: City Manager 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 City Council Agenda April 2, 2019 Page 3 of 7 PLEDGE OF ALLEGIANCE: To be announced CLOSED SESSION REPORT: MAYOR’S ANNOUNCEMENTS: 1. Recognition of the U.S. Coast Guard. 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 o f 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 Coun cil may pull an item for discussion or clarification. Items pulled from the Consent Calendar by a Councilmember w ill be heard after the Regular Business section of the agenda, unless otherwise directed by the City Council. If a member of the public has requeste d 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 13, 2019, Adjourned Regular (Budget Workshop), March 19, 2019, Special (FAC Interviews), and March 19, 2019, Regular City Council meetings. 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. City Council Agenda April 2, 2019 Page 4 of 7 D. Consideration and possible action regarding the February 2019 Cash Balances/Monthly Treasurer’s Report. (Lin) Recommendation: Receive and file the February 2019 Cash Balances/Monthly Treasurer’s Report. E. Consideration and possible action to award a Professional Services Agreement to Geo-Logic Associates, Inc. for design services associated with the Palos Verdes Drive South Realignment Project at the east end of the Portuguese Bend Landslide. (Razepoor) Recommendation: (1) Award a Professional Services Agreement to Geo-Logic Associates, Inc., for engineering design services for the Palos Verdes Drive South Realignment Project, in the not-to-exceed amount of $121,086; and, (2) Authorize the Mayor and City Clerk to execute the Professional Services Agreement, subject to approval as to form by the City Attorney. F. Consideration and possible action to direct Staff to proceed with the design of traffic signals installation at the intersections of Hawthorne Boulevard & Via River a, and Palos Verdes Drive South & Palos Verdes Drive East. (Carrasco) Recommendation: Direct Staff to proceed with the design of traffic signals at the intersections of Hawthorne Boulevard & Via Rivera, and Palos Verdes Drive South & Palos Verdes Drive East for an amount not to exceed $34,598. G. Consideration and possible action to authorize the City Clerk to file a Notice of Completion for the Coastal Bluff Fencing Phase II Project. (Flannigan) 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 after 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 FenceCorp, Inc., 35 days after recordation of the Notice of Completion by the Los Angeles County Registrar-Recorder’s Office, contingent upon no claims being filed on the project, and the contractor posting an acceptable warranty bond with the City. H. Consideration and possible action to adopt a resolution approving a list of proposed projects for FY 19-20 to be funded with Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017. (Chan) Recommendation: Adopt Resolution No. ___, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2019-20 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017. 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: City Council Agenda April 2, 2019 Page 5 of 7 This section is for hearings that have been noticed, published, and/or mailed to property owners as required by law. The May or 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 adopt an urgency ordinance and to introduce an ordinance repealing and replacing Chapter 12.18 (Wireless Telecommunications Facilities in the Public Right-of-Way) to update the regulatory framework and standards for wireless facilities within the public right-of-way based on the recent Federal Communications Commission ruling (Case No. PLCA2019-0002). (Seeraty) (30 mins.) Recommendation: (1) Adopt Ordinance No. ___U, AN URGENCY ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REPEALING AND REPLACING CHAPTER 12.18 (WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO UPDATE THE REGULATORY FRAMEWORK AND STANDARDS FOR PERMITTING WIRELESS FACILITIES, WITHIN THE CITY’S PUBLIC RIGHT-OF- WAY IN ACCORDANCE WITH THE RECENT FEDERAL COMMUNICATIONS COMMISSION (FCC) RULING; and (2) Introduce Ordinance No.__, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES REPEALING AND REPLACING CHAPTER 12.18 (WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT -OF-WAY) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO UPDATE THE REGULATORY FRAMEWORK AND STANDARDS FOR PERMITTING WIRELESS FACILITIES WITHIN THE CITY’S PUBLIC RIGHT-OF-WAY IN ACCORDANCE WITH THE RECENT FEDERAL COMMUNICATIONS COMMISSION RULING AND FINDING AN EXEMPTION FROM CEQA. 2. Consideration and possible action to receive a report that provides a historical summary of the City’s CalPERS pension costs and the benefit changes that resulted in the increase in the City’s unfunded liability. (Browning) (30 mins.) Recommendation: (1) Receive and file the information; (2) Direct Staff to analyze and bring back to the City Council: (a) An early retirement incentive to Tier 1 employees who are retirement eligible; (b) The savings from requiring the Tier 1 employees to pay an increased percentage of their annual salary to offset the increased City costs and address the inequity with Tier 2 and 3 employees regarding total compensation; and (3) Other actions as the Council deems appropriate. City Council Agenda April 2, 2019 Page 6 of 7 3. Consideration and possible action to receive and file a presentation from the Public Works Director on Southern California Edison (SCE) relocating existing power lines underground. (O’Neill) (20 mins.) Recommendation: (1) Receive and file a presentation from the Public Works Director; (2) Direct Staff to pursue purchasing Rule 20A funds from other agencies; and (3) Direct Staff to research what options may exist to change regulations regarding the use of Rule 20A funds and report back to City Council on potential options available. 4. Consideration and possible action to rename Shoreline Park as Gateway Park. (Lozano) (15 mins.) Recommendation: (1) Consider renaming Shoreline Park as Ocean Trails Reserve to align with the name of this subarea of the City’s Palos Verdes Nature Preserve; (2) Name the beach accessible from Shoreline Park as Ocean Trails Beach; and, (3) If these name suggestions are deemed acceptable, direct Staff to bring back a resolution memorializing these new names. 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 re port 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 6:30 P.M. on April 10, 2019, for the FY 2019-20 Budget Workshop. City Council Agenda April 2, 2019 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 no rmal 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, especial ly 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.' CITY OF 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 Regular Meetings of the City Council; Successor Agency for the Redevelopment Agency and the Improvement Authority for April 2, 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. Time: g 3° •Pi Dated: March 26, 2019 4_ 116,\LII I La% linny Clerk L:12019 CITY COUNCIL AGENDAS12019 Affidavits of Postings120190402 Affidavit of Posting Agendas.doc 30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 90275-5391 /(310)377-0360/Fax(310)544-5291 www.rpvca.gov