CC AGD 20191106 (AMENDED)
*AMENDED AGENDA
RANCHO PALOS VERDES CITY COUNCIL MEETING
WEDNESDAY, NOVEMBER 6, 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, Warwick Hotel, 1776 Grant St, Denver CO, 80203
NEXT RESOLUTION NO. 2019-51 NEXT ORDINANCE NO. 631
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: City of Rancho Palos Verdes v. Indian Peak Properties, LLC, Los
Angeles Superior Court Case No. 18STCV03781
City Council Agenda
November 6, 2019
Page 2 of 8
b. Name of case: Indian Peak Properties, LLC v. City of Rancho Palos Verdes, et
al., Los Angeles Superior Court Case No. 18STCP02913
2. POTENTIAL LITIGATION AGAINST THE CITY
GC 54956.9(d)(2) and (e)(1)
Based on facts and circumstances that might result in litigation against the City, but
which the City believes are not yet known to a potential plaintiff or plaintiffs, which
facts and circumstances need not be disclosed.
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:
1. Heroes Among Us Presentation(s)
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
November 6, 2019
Page 3 of 8
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 September 17, 2019, Regular City.
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 September 2019 Cash
Balances/Monthly Treasurer’s Report (Lin)
Recommendation: Receive and file the September 2019 Cash Balances/Monthly
Treasurer’s Report
E. Consideration and possible action to sign the purchase agreement for two tax-
defaulted properties in the City (APNs 7566-015-026 and 7583-022-012) (Barnes)
Recommendation: Authorize the Mayor and City Clerk to sign Chapter 8
Agreement 2830 to purchase a vacant lot on Crownview Drive (APN 7566-015-026)
and a vacant lot abutting the Agua Amarga Reserve (APN 7583-022-012)
F. Consideration and possible action to adopt various resolutions for City officials to
conduct investments and financial transactions; designating the City Treasurer and
Deputy City Treasurer; and designating signatories with various financial institutions
(Lin)
Recommendation: (1) Adopt Resolution No. 2019-__, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING
INVESTMENT OF RANCHO PALOS VERDES MONIES IN LOCAL AGENCY
INVESTMENT FUND; (2) Adopt Resolution No. 2019-__, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING
CERTAIN OFFICIALS TO CONDUCT FINANCIAL TRANSACTIONS WITH
VARIOUS FINANCIAL INSTITUTIONS AND DESIGNATING THE CITY
TREASURER AND DEPUTY CITY TREASURER; (3) Adopt Resolution No. 2019-__,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DESIGNATING SIGNATORIES FOR ACCOUNTS WITH VARIOUS
FINANCIAL INSTITUTIONS; and (4) Adopt Resolution No. 2019-__, A RESOLUTION
City Council Agenda
November 6, 2019
Page 4 of 8
OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
APPROVING THE FORM OF A CUSTODIAN AGREEMENT WITH VINING-SPARKS
IBG, LIMITED PARTNERSHIP, DESIGNATING “AUTHORIZED OFFICERS” AND
TAKING CERTAIN OTHER ACTIONS RELATING THERETO
G. Consideration and possible action to authorize the City Clerk to file a Notice of
Completion for the ADA Access Improvements – Crosswalks in Area 1 Project
(Eder)
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
EBS General Engineering, Inc., a California corporation, 35 days after recordation of
the Notice of Completion by the L.A. County Registrar-Recorder’s Office, contingent
on 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 authorizing the City to apply
for an SB 2 planning grant to facilitate and streamline the development process for
mixed-use projects in certain commercial zoning districts (Fox)
Recommendation: Resolution No. 2019-__, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING
APPLICATION FOR, AND RECEIPT OF, SB 2 PLANNING GRANTS PROGRAM
FUNDS
I. Consideration and possible action to approve Amendment No. 1 to the professional
services agreement with Rincon Consultants, Inc. to complete an updated
Environmental Impact Report associated with proposed code amendments to Zone
2 of the Landslide Moratorium Ordinance (Case No. PLCA2018-0004) (Silva)
Recommendation: Approve Amendment No. 1 to the professional services
agreement with Rincon Consultants, Inc. in an amount not to exceed $18,325 to
complete an updated Environmental Impact Report to update the Landslide
Moratorium Ordinance pertaining to Zone 2, subject to approval as to form by the
City Attorney
J. Consideration and possible action to adopt the health benefit rates for the new
calendar year (DeZiel)
Recommendation: Adopt Resolution No. 2019-__, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES TO ADJUST THE CITY'S
MAXIMUM MONTHLY CONTRIBUTION AMOUNTS FOR EMPLOYEE AND
COUNCIL MEMBER HEALTH INSURANCE PREMIUMS AND RESCINDING AND
REPLACING RESOLUTION NO. 2018-81
K. Consideration and possible action to receive and file a status report on agreements
releasing and adding deed restrictions over the Civic Center property (Yap)
Recommendation: Receive and file a status report
City Council Agenda
November 6, 2019
Page 5 of 8
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 adopt Ordinance No. 630 adopting the 2019
California Building Standards Code (Kaddorah) (10 mins.)
Recommendation: adopt Ordinance No. 630, AN ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES ADOPTING BY REFERENCE THE 2019 EDITION OF
THE CALIFORNIA BUILDING, RESIDENTIAL, GREEN BUILDING STANDARDS,
PLUMBING, ELECTRICAL, AND MECHANICAL CODES, WHICH ARE CODIFIED
IN TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, CHAPTER 7A OF
TITLE 26 OF THE LOS ANGELES COUNTY CODE, THE UNIFORM CODE FOR
THE ABATEMENT OF DANGEROUS BUILDINGS 1997 EDITION, THE UNIFORM
HOUSING CODE 1997 EDITION, AND THE INTERNATIONAL PROPERTY
MAINTENANCE CODE, 2018 EDITION, WITH APPENDICES AND AMENDMENTS
THERETO; AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE
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. Consider the joint report of the Council Ad Hoc Sub-committee and the Office of the
City Attorney on the efforts to obtain compliance with Public Records Act requests,
codified in Government Code §§ 6250 et seq., from Mr. Brian Campbell; and Consider
the joint report of the Council Ad Hoc Sub-committee and the Office of the City
Attorney on the investigation into possible violations of the “Closed Session Privilege,”
codified in Government Code §§ 54950 et seq. (Wynder) (30 mins.)
Recommendation: Receive and file these joint reports, consider the
recommendations of the Council Ad Hoc Sub-committee included herein, consider
the options and recommendation of the City Attorney included herein, and provide
such direction to City Staff and the City Attorney as the City Council deems
appropriate consistent with the requirements of law
3. Consideration and possible action to (1) amend the City Council Rules of Procedure,
(2) adopt Policy No. 54 regarding Closed Session, and (3) adopt by reference
certain sections of the Rules of Procedure, relating to closed session and the use of
emails, and making a violation thereof a misdemeanor. (Wynder) (15 mins.)
City Council Agenda
November 6, 2019
Page 6 of 8
Recommendation: (1) Adopt Resolution No. 2019-__, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING
SECTION 3.6 (CLOSED SESSIONS MEETINGS) OF CHAPTER 3 (TYPES OF
MEETINGS), SECTION 10.2 (APPOINTMENTS), SECTIONS 10.4 (USE OF EMAIL)
AND 10.5 (DEFENSE AND INDEMNIFICATION) OF CHAPTER 10 (BOARDS,
COMMISSIONS, COMMITTEES, AND SUBCOMMITTEES), CHAPTER 11 (PUBLIC
RECORDS AND USE OF EMAIL), AND MISCELLANEOUS CLEAN-UP
AMENDMENTS OF THE CITY COUNCIL RULES OF PROCEDURE; (2) Adopt
Resolution No. 2019-___, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES ADOPTING COUNCIL POLICY NO. 54, RELATING
TO CLOSED SESSIONS; and (3) Introduce Ordinance No. ___, AN ORDINANCE OF
THE CITY OF RANCHO PALOS VERDES ADDING CHAPTER 1.18 (RULES OF
PROCEDURE) TO THE RANCHO PALOS VERDES MUNICIPAL CODE, ADOPTING
BY REFERENCE SECTION 3.6 (CLOSED SESSION MEETINGS) OF CHAPTER 3.0
(TYPES OF MEETINGS), SECTION 10.4 (USE OF EMAILS) OF CHAPTER 10.0
(BOARDS, COMMISSIONS, COMMITTEES, AND SUBCOMMITTEES), AND
CHAPTER 11 (PUBLIC RECORDS AND USE OF EMAIL) OF THE CITY COUNCIL
RULES OF PROCEDURE, AND MAKING VIOLATIONS THEREOF A
MISDEMEANOR AND A PUBLIC NUISANCE
4. Consideration and possible action to receive and file a report on the City’s policies
and procedures regarding the encroachment of private improvements into the public
right-of-way (Fox) (15 mins.)
Recommendation: Receive and file a report on the City’s policies and procedures
regarding the encroachment of private improvements into the public right-of-way
5. Consideration and possible action to adopt a resolution supporting balance and local
control of energy solutions (Silva) (10 mins.)
Recommendation: Adopt Resolution No. 2019-__, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES SUPPORTING
BALANCED ENERGY SOLUTIONS AND MAINTAINING LOCAL CONTROL OVER
ENERGY SOLUTIONS
6. Consideration and possible action to approve compensation changes for part-time
employees as a result of the state’s minimum wage increase (DeZiel) (5 mins.)
Recommendation: Adopt Resolution No. 2019-__, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA,
AMENDING, RESTATING, AND SUPERSEDING RESOLUTION NO. 2019-36
SETTING THE SALARY AND HOURLY COMPENSATION SCHEDULE FOR ALL
EMPLOYEES IN CITY SERVICE
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 Agenda
November 6, 2019
Page 7 of 8
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 November 19, 2019, for a Closed Session meeting and 7:00 P.M.
for a Regular meeting.
City Council Agenda
November 6, 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.
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CrTY 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 and the Improvement Authority for November 6, 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: • S' SS-pm
Dated: October 29, 2019
City Clerk
30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 90275-5391 /(310)377-0360/Fax(310)544-5291
www rpvca gov
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 agenda for the Amended Regular meeting of the City
Council for November 6, 2019, 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: *4-1C)L ?t(Y ‘‘.
Dated: November T , 2019
4111.111101Fty Clerk
30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 90275-5391 /(310)377-0360/Fax(310)544-5291
www rpvca gov