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CC AGD 20190917 AGENDA RANCHO PALOS VERDES CITY COUNCIL MEETING TUESDAY, SEPTEMBER 17, 2019 FRED HESSE COMMUNITY PARK, MCTAGGART HALL 29301 HAWTHORNE BOULEVARD, RANCHO PALOS VERDES 90275 5:45 P.M. – SPECIAL CLOSED SESSION AND REGULAR STUDY SESSION 7:00 P.M. – REGULAR MEETING Teleconference Location: Mayor Duhovic, Windgate by Wyndham, 108 Saluda Pointe Court, Lexington, SC 29072 NEXT RESOLUTION NO. 2019-41 NEXT ORDINANCE NO. 627 5:45 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 54956.9(d)(4) City Council Agenda September 17, 2019 Page 2 of 8 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 two cases. 2. PENDING LITIGATION – EXISTING LITIGATION GC SECTION 54956.9 (d)(1) Name of case: York Point View Properties, LLC v. v. City of Rancho Palos Verdes, Los Angeles Superior Court Case No. BS174116 3. PUBLIC EMPLOYMENT GC SECTION 54957 Title: City Manager RECESS TO CLOSED SESSION (FIRESIDE ROOM): RECONVENE TO STUDY SESSION (MCTAGGART HALL): 6:00 P.M. – STUDY SESSION Immediately Following the Closed Session The Study Session will commence immediately following the Closed Session. The primary purpose of the Study Session is to provide an opportunity for the Council members to interact freely and informally, ask questions and discuss policy items that are listed on the agenda for that specific Study Session. The City Council will also provide direction to Staff regarding upcoming agenda items and tentative agendas, including prioritization of agenda items that are listed on the agenda for that specific study session. No action shall be taken during any Study Session unless the agenda so provides. PUBLIC COMMENTS FOR STUDY SESSION: This section is intended to provide members of the public with the opportunity to comment on Study Session items only. Each speaker will be limited to one (1) minute 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. DISCUSSION TOPICS FOR STUDY SESSION: SS1. Review of Tentative Agendas and ongoing City Council Goals and Priorities Recommendation: Receive and file the Tentative Agendas and Ongoing City Council Goals and Priorities SS2. Consideration of Tongva Memorial at Abalone Cove Recommendation: Receive and file presentation ADJOURN TO REGULAR MEETING: City Council Agenda September 17, 2019 Page 3 of 8 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 FOR 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:   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 6, 2019, August 20, 2019, and September 3, 2019, City Council meetings. City Council Agenda September 17, 2019 Page 4 of 8 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 extend the County Sanitation Districts Contract #3059- Eastview Park Property Lease Agreement for an additional five (5) year term (Trautner) Recommendation: Renew the County Sanitation District Eastview Park Lease Agreement for an additional five (5) years E. Consideration and possible action to receive and file a report on the California Department of Forestry and Fire Protection’s designation of Very High Fire Hazard Severity Zones (Barnes) Recommendation: Receive and file report F. Consideration and possible action to amend the existing list of City streets on which the use of skateboards, roller skates, inline skates, scooters, and similar non- motorized wheeled devices is prohibited to include Nuvola Court and Albero Court (Sassoon) Recommendation: Adopt Resolution No. 2019-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, ESTABLISHING THE PROHIBITION AGAINST THE USE OF SKATEBOARDS, ROLLER SKATES, INLINE SKATES, SCOOTERS, AND SIMILAR NON- MOTORIZED WHEELED DEVICES ON DESIGNATED PUBLIC STREETS G. Consideration and possible action to approve the July 2019 Cash Balances/Monthly Treasurer’s Report (Lin) Recommendation: Approve the July 2019 Cash Balances/Monthly Treasurer’s Report H. Consideration and possible action for second reading and adoption of Ordinance No. 624, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, REPEALING AND REPLACING CHAPTER 12.20 (SPECIAL EVENT PERMITS) OF TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE RANCHO PALOS VERDES MUNICIPAL CODE (Waters) Recommendation: Adopt Ordinance No. 624, regarding special event permits I. Consideration and possible action to receive and file a second quarter report on the implementation of the City’s Wireless Telecommunications Facilities in the Public Right-of-Way Ordinance (Case No. PLCA2019-0002) (Seeraty) Recommendation: Receive and file report J. Consideration and possible action to authorize Staff to submit veto requests to Governor Newsom in the event of the passage of SB 13 (Accessory Dwelling Units) and/or AB 1482 (Tenant Protection Act of 2019) by the state Legislature. (Fox) City Council Agenda September 17, 2019 Page 5 of 8 Recommendation: Authorize Staff to prepare and submit veto requests for the Mayor’s signature regarding SB 13 and/or AB 1482, if passed by the state Legislature K. Consideration and possible action regarding a claim against the City by John Meek (Colborn) Recommendation: Reject the claim and direct Staff to notify the claimant L. Consideration and possible action regarding a claim against the City by Betsy Niksefat (Colborn) Recommendation: Reject the claim and direct Staff to notify the claimant 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 receive and file a report on the updated draft Environmental Impact Report (Draft EIR) for the Zone 2 Landslide Moratorium Ordinance revisions and obtain comments from the general public and the City Council (Silva) (1 hour) Recommendation: Receive and file report and receive comments regarding the Draft EIR 2. Consideration and possible action to amend the City Council-adopted Master Schedule of Fees and Charges to establish new fees to process minor wireless telecommunications facilities applications and eligible facilities requests (EFR). (Eder) (15 mins.) Recommendation: Adopt Resolution No. 2019-____, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 2010-77, THE MASTER SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES, AND RESOLUTION NO. 2018-37 REGARDING FEES FOR WIRELESS TELECOMMUNICATION FACILITIES PERMITS, TO UPDATE THE FEES FOR THE PROCESSING OF WIRELESS TELECOMMUNICATION FACILITY PERMITS IN THE PUBLIC RIGHT-OF-WAY. 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 City Council Agenda September 17, 2019 Page 6 of 8 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. 3. Consideration and possible action to appropriate additional funding in support of the City’s fuel modification efforts and to support the City’s new goal to eradicate acacia; award a three-year contract to Fire Grazers; award a contract amendment to Hardy & Harper; authorize Staff to negotiate contracts for tree trimming and removal; and authorize Staff to negotiate a contract with Interwest Consulting Group to oversee and manage the City’s efforts, and coordinate with associated agencies and manage associated contracts (O’Neill) (30 mins.) Recommendation: (1) Authorize an additional appropriation of $399,800 in support of the City’s Fuel Modification efforts; (2) Award a three-year contract amendment to Fire Grazers for two goat herds to be utilized for Fuel Modification in the amount of $450,000 (with an annual expenditure of $150,000, of which $140,000 is already included in the adopted budget); (3) Authorize staff to negotiate contracts up to $200,000 for tree trimming, “up-limbing” and tree removal related to Fuel Modification, as well as removal of Acacia shrubs; (4) Authorize staff to negotiate an agreement with a geologist for tree trimming, “up-limbing” and tree removal related to Fuel Modification, as well as removal of Acacia shrubs, not to exceed $25,000; (5) Award a contract amendment to the Hardy & Harper contract to make necessary repairs to the Peppertree Trail and Water Tank trails in the amount of $39,800; (6) Authorize staff to negotiate a contract up to $125,000 with Interwest Consulting Group to oversee and manage the City’s Fuel Modification efforts and associated contracts; (7) Alternately discuss and take other action related to this item 4. Consideration and possible action to amend all advisory board and Planning Commission terms to expire on June 30 of even-numbered years (Colborn) (10 mins.) Recommendation: (1) Approve adjusting future terms to expire on June 30 of even- numbered years; and (2) Approve City Council Policy No. 6 pertaining to advisory board recruitment and selection processes, as amended; and (3) Introduce Ordinance No. ___, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING SECTION 2.20.020 (MEMBERS) AND SECTION 2.20.060 (ORGANIZATION) OF THE RANCHO PALOS VERDES MUNICIPAL CODE AMENDING TERM EXPIRATION DATE OF PLANNING COMMISSIONERS AND SELECTION OF VICE-CHAIRPERSON; and (4) alternately discuss and take other action related to this item 5. Consideration and possible action to advise the City’s voting delegate on the City Council’s positions regarding the League of California Cities’ 2019 Annual Conference Resolutions (Barnes) (10 mins.) Recommendation: (1) Authorize the City Council’s voting delegate to support the adoption of League of California Cities General Assembly Resolution No. 1 (Amendment to Rule 20A); and (2) Authorize the City Council’s voting delegate to take no position on League of California Cities General Assembly Resolution No. 2 (International Transboundary Pollution Flows) 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. City Council Agenda September 17, 2019 Page 7 of 8 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 1, 2019 for a Closed Session meeting and 7:00 P.M. for a Regular meeting. City Council Agenda September 17, 2019 Page 8 of 8 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. rf y r /t -Ffyty'- sfi>y, 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 Meeting of the City Council and for September 17, 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: ?° Dated: September 11, 2019 Cratuttlfcc_ City Cle 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) 544-5208 / Fax (310) 544-5291 www.rpvca.gov STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES) AFFIDAVIT OF GIVING NOTICE OF A SPECIAL CITY COUNCIL MEETING (CLOSED SESSION) I, Emily Colborn, City Clerk, hereby certify that the Notice and Call of a Special meeting (Closed Session) of the Rancho Palos Verdes City Council, a copy of which is attached hereto, was given by email to each member of the City Council and was also sent by email to each newspaper of general circulation that has requested such notice in writing on Tuesday, September 10, 2019, before 6:30 P.M. ERIC ALEGRIA 30940 HAWTHORNE BLVD. RANCHO PALOS VERDES Email: eric.alegria@rpvca.gov SUSAN BROOKS 30940 HAWTHORNE BLVD. RANCHO PALOS VERDES, CA 90275 Email: susan.brooks@rpvca.gov JOHN CRUIKSHANK 30940 HAWTHORNE BLVD. RANCHO PALOS VERDES Email: john.cruikshank@rpvca.gov JERRY DUHOVIC 30940 HAWTHORNE BLVD. RANCHO PALOS VERDES, CA 90275 Email: jerry.duhovic@rpvca.gov KEN DYDA 30940 HAWTHORNE BLVD. RANCHO PALOS VERDES Email: ken.dyda@rpvca.gov LOS ANGELES TIMES 202 W. 1st Street Los Angeles, CA 90012 Email: newstips@latimes.com PALOS VERDES NEWS 609 DEEP VALLEY DRIVE, SUITE 200 ROLLING HILLS ESTATES, CA 90274 Email: magarcia@scng.com DAILY BREEZE, EDITOR 21250 HAWTHORNE BLVD. #170 TORRANCE, CA 90503 Email: vosier@scng.com WILLIAM W. WYNDER, CITY ATTORNEY ALESHIRE & WYNDER, LLP 2361 ROSECRANS AVENUE, SUITE 475 EL SEGUNDO, CA 900245-4916 Email: wwynder@awattorneys.com Dated: September 10, 2019 _____________________________ Emily Colborn, MMC, City Clerk