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CC AGD 20190604 (AMENDED) *AMENDED AGENDA RANCHO PALOS VERDES CITY COUNCIL MEETING TUESDAY, JUNE 4, 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 *This agenda has been amended to include Mayor Duhovic’s teleconference location Teleconference Location: Mayor Duhovic, Windgate by Wyndham, 108 Saluda Pointe Court, Lexington, SC 29072 NEXT RESOLUTION NO. 2019-17 NEXT ORDINANCE NO. 623 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 – 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 City Council Agenda June 4, 2019 Page 2 of 6 2. PENDING LITIGATION – EXISTING LITIGATION GC SECTION 54956.9 (d)(1) a. Name of case: City of Rancho Palos Verdes v. Indian Peak Properties, LLC, Los Angeles Superior Court Case No. 18STCV03781 b. Name of case: Indian Peak Properties, LLC v. City of Rancho Palos Verdes, et al., Los Angeles Superior Court Case No. 18STCP02913 c. Name of case: York Point View Properties, LLC v. v. City of Rancho Palos Verdes, Los Angeles Superior Court Case No. BS174116 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 June 4, 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 May 7, 2019, Regular City Council meeting. 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 to receive and file a report on SB 732, which would enable the South Coast Air Quality Management District to place a sales tax increase of up to 1 percent on the ballot for voter approval. (Barnes) Recommendation: Receive and file a report on SB 732. E. Consideration and possible action regarding the April 2019 Cash Balances/Monthly Treasurer’s Report. (Lin) Recommendation: Receive and file the April 2019 Cash Balances/Monthly Treasurer’s Report. F. Consideration and possible action to award a Professional Services Agreement to Telecom Law Firm to perform technical and legal analysis of wireless projects submitted to the City. (Eder) Recommendation: Award a Professional Services Agreement to Telecom Law Firm for a not-to-exceed amount of $200,000 for technical and legal analysis of wireless projects submitted to the City. G. Consideration and possible action to receive and file the Independent Accountants’ Report on Agreed-Upon Procedures performed with respect to City employee compensation for the calendar year ended December 31, 2018. (Ramos) Recommendation: Receive and file documents related to the City Employee Compensation and Benefit Analysis Report for 2018. City Council Agenda June 4, 2019 Page 4 of 6 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 regarding the Fiscal Year 2019-20 Draft Budget and Capital Improvement Program, including discussion and possible direction regarding all City revenues and expenditures. (Nguyen) (15 mins.) Recommendation: (1) Receive Staff presentation of FY 2019-20 Draft Budget and Capital Improvement Program; (2) Approve the changes to Western Ave. ALPR and Arterial Fences and Walls Standard projects in the Capital Improvement Program; (3) Determine that the utility users’ tax (UUT) rate of 3% continues to be a necessary revenue source for the City’s operating and capital improvements, and that the current rate of 3% should be maintained; (4) Determine that the golf tax of 10% continues to be a necessary revenue source for the City’s operating and capital improvements and that the current rate of 10% should be maintained; and (5) Continue the public hearing to June 18, 2019. 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. Consideration and possible action to review and file the draft 2020 Five-Year Financial Model (2020 Model). (Browning) (10 mins.) Recommendation: Receive and file the draft 2020 Five-Year Financial Model (2020 Model). 3. Consideration and possible action regarding the collection of the annual business license tax from home occupancy businesses, addition of Section 5.04.015 and modification to the language in Sections 5.04.050, 5.04.070, 5.04.090 and 5.04.440 of the Municipal Code. (Browning) (10 mins.) Recommendation: (1) Set the business license tax rate for home occupancy businesses at $0 for FY 2019-20 and direct Staff to bring this item back to the City Council annually for direction; and (2) Introduce Ordinance No.____, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADDING SECTION 5.04.015 (INTENT), AND AMENDING SECTIONS 5.04.050 (LICENSE AND TAX PAYMENT REQUIRED), 5.04.070 (EVIDENCE OF DOING BUSINESS), 5.04.090 (EXEMPTIONS), AND 5.04.440 (ANNUAL CHANGE OF BUSINESS LICENSE TAX) OF CHAPTER 5.04 (BUSINESS LICENSES) OF City Council Agenda June 4, 2019 Page 5 of 6 TITLE 5 (BUSINESS TAXES, LICENSES AND REGULATIONS), RELATING TO BUSINESS LICENSE TAXES 4. Consideration and possible action to resume the City’s Peafowl Trapping Program for 2019. (Le) (15 mins.) Recommendation: (1) Receive and file a final summary report on the 2018 Peafowl Trapping Program; and (2) Review the 2019 Peafowl Census Report and direct Staff to resume the humane trapping and relocation of up to 150 peafowl for 2019; and (3) Authorize the Mayor and City Clerk to execute a professional services agreement with Wildlife Services, approved as to form by the City Attorney, in an amount not to exceed $37,000 annually ($111,000 total three-year cost), for a period of three years, for the citywide trapping of peafowl. 5. Consideration and possible action to receive and file a status report on the implementation of the City’s Coyote Management Plan. (Monroy) (30 mins.) Recommendation: Receive and file a status report on the implementation of the City’s Coyote Management Plan. 6. Consideration and possible action to appoint two members to the Emergency Preparedness Committee. (Colborn) (10 mins.) Recommendation: Appoint two (2) members to the Emergency Preparedness Committee, with terms of office ending in June 2023. 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 June 18, 2019, for a Closed Session meeting and 7:00 P.M. for a Regular meeting. City Council Agenda June 4, 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. lI 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 June 4, 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. .L Time: � V Dated: May 28, 2019 411W, Clerk ti 30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 90275-5391 /(310)377-0360/Fax(310)544-5291 www.rpvca.gov 30940 Hawthorne Boulevard / Rancho Palos Verdes, CA 90275-5391 / (310) 377-0360 / Fax (310) 544-5291 www.rpvca.gov 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 agendas for the Regular Meetings of the City Council; Special Meeting (Emergency Preparedness Committee) Interviews, Successor Agency for the Redevelopment Agency and the Improvement Authority for June 4, 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: _____3:40 P.M.____________ Dated: May 30, 2019 ___________________________ City Clerk