https://rpvca.zoom.us/j/81973489719
AGENDA
RANCHO PALOS VERDES CITY COUNCIL MEETING
REGULAR MEETING OF THE RANCHO PALOS VERDES CITY COUNCIL AND IMPROVEMENT AUTHORITY SPECIAL MEETING * AMENDED AGENDA JANUARY 18, 2022
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 & IA SPECIAL MEETING
*HYBRID CITY COUNCIL MEETING
*Item letter D will be removed from the Consent Calendar and considered as a Regular Business Item No. 4a
CITY COUNCIL CHAMBERS WILL BE NOT BE OPEN TO THE PUBLIC The meeting of January 18, 2022, will take place remotely in accordance with Government Code Section 54953(e) et seq. (AB 361), and pursuant to Resolution No. 2021-59, as adopted by the City Council on November 16, 2021, and as renewed by subsequent resolution(s) thereafter. The meeting will be conducted through a *hybrid combination of in-person and/or all virtual attendance of the five members of the City Council and invited staff at Hesse Park, McTaggart Hall, 29301 Hawthorne Boulevard and via teleconference using the Zoom platform and broadcast live on the City's website at rpvca.gov/agendas and on PVPtv channels Cox 35 and Frontier FiberOptic 39. Public participation will only be available using the virtual platform. Please see separate cover for public participation options.
PUBLIC PARTICIPATION OPTIONS
Public Participation Options
LATE CORRESPONDENCE
Late Correspondence
NEXT RESOLUTION NO. 2022-01
NEXT RESOLUTION NO. IA 2022-01
NEXT ORDINANCE NO. 657
6:00 P.M. CLOSED SESSION
CALL TO ORDER:
Mayor Bradley
ROLL CALL:
Councilmember Alegria
Councilmember Cruikshank
Councilmember Dyda
Mayor Pro Tem Ferraro
Mayor Bradley
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 address the City Council should refer to the separate cover for public participation options or visit www.rpvca.gov/participate CLOSED SESSION ITEM(S):
All Statutory References are to California Government Code Sections. Please be advised that, pursuant to the Ralph M. Brown Act, “a person may not disclose confidential information that has been acquired by being present in a Closed Session . . . to a person not entitled to receive it, unless the legislative body authorizes disclosure of that confidential information.” (Gov. Code § 54963(a).) “[C]onfidential information’ means a communication made in a Closed Session that is specifically related to the basis for the legislative body of a local agency to meet[] lawfully in Closed Session . . . .” (Gov. Code § 54963(a).) Please be further advised that any “[v]iolation of [Government Code § 54963] may be addressed by the use of such remedies as are currently available by law, including, but not limited to: (1) injunctive relief to prevent the disclosure of confidential information prohibited by this section; (2) disciplinary action against an [public or city official] who has willfully disclosed confidential information in violation of this section; (3) referral of a member of a legislative body who has willfully disclosed confidential information in violation of this section to a grand jury.” (Gov. Code § 54963(c).) Additionally, per Subsection (b) (Confidentiality) of Section 3.6 (Closed Session Meetings) of Chapter 3 (Types of Meetings) of the City Council Rules of Procedure is amended to read as follows: Confidentiality. No person attending a closed session shall publicly discuss or otherwise reveal the discussion, content, and/or proceedings of the closed session unless such disclosure has been approved by the vote of the Council taken during the closed session or as otherwise required by law. Violation of this rule may subject the violator to various penalties including (i) censure by the Council as provided in Article 9.0 herein, (ii) criminal penalties as the willful failure to perform a duty under Government Code Section 1222, or other statute, (iii) referral to the grand jury, or (iv) civil actions, including issuance of an injunction.
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION A closed session will be held, pursuant to Government Code §54956.9(d)(4) because the City is considering whether to initiate litigation in one case.
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION A closed session will be held, pursuant to Government Code § 54956.9(d)(2) or (d)(3) and (e)(1) because there is a significant exposure to litigation in one case where the facts and circumstances giving rise to an exposure to litigation are not known to plaintiff(s) in two cases.
3. CONFERENCE WITH LABOR NEGOTIATORS
GC SECTION 54957.6
A closed session will be held, pursuant to Government Code § 54957.6, with the Mayor, Mayor Pro Tem and City Attorney, regarding labor negotiations for the unrepresented employee position of City Manager RECESS TO CLOSED SESSION (FIRESIDE ROOM):
RECONVENE TO REGULAR MEETING:
7:00 P.M. - REGULAR MEETING
CALL TO ORDER:
Mayor Bradley
ROLL CALL:
Councilmember Alegria
Councilmember Cruikshank
Councilmember Dyda
Mayor Pro Tem Ferraro
Mayor Bradley
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 address the City Council should refer to the separate cover for public participation options or visit www.rpvca.gov/participate.
CITY MANAGER REPORT:
PowerPoint Presentation
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 address the City Council should refer to the separate cover for public participation options or visit www.rpvca.gov/participate 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 (Takaoka)
Recommendation:
Approve the Minutes of December 21, 2021 (Regular Meeting).
Draft Minutes
C.
Registers of Demands (Mata)
Recommendation:
1) Adopt Resolution No. 2022-__, 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 (Check Date 12/22/21); and, 2) Adopt Resolution No. 2022-__, 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 (Check Date 1/7/22); 3) Adopt Resolution No. IA 2022-__, A RESOLUTION OF THE RANCHO PALOS VERDES IMPROVEMENT AUTHORITY, ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID.
Register of Demands - CC (Check Date - 20211222)
Register of Demands - CC (Check Date - 20220107)
Register of Demands - IA
D.
This item moved to Regular Business as No. 4a
E.
Consideration and possible action to continue implementing Assembly Bill No. 361 (AB 361) authorizing teleconferencing of meetings of legislative bodies for the month of February 2022. (Takaoka) Recommendation:
1) Adopt Resolution No. 2022-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, RE-RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND RE-AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF RANCHO PALOS VERDES FOR THE 30-DAY PERIOD BEGINNING FEBRUARY 1, 2022, THROUGH FEBRUARY 28, 2022, PURSUANT TO THE RALPH M. BROWN ACT AND ASSEMBLY BILL NO. 361; and, 2) Authorize Staff to continue conducting City Council and Planning Commission public meetings using a combination in-person/virtual (hybrid) platform and continue conducting virtual-only meetings for the City's five Committees (Civic Center Advisory, Emergency Preparedness, Finance Advisory, Infrastructure Management Advisory, Traffic Safety) subject to the Brown Act in accordance with the requirements of AB 361; and return with extension resolutions for the City Council's consideration every 30 days as the same may be warranted.
Agenda Report
F.
Consideration and possible action to receive and file the November 2021 Cash Balances/Monthly Treasurer’s Report. (Lin) Recommendation:
Receive and file the November 2021 Cash Balances/Monthly Treasurer's Report.
Agenda Report
Agenda Report - IA
G.
Consideration and possible action to file a Notice of Completion for the Hawthorne Boulevard and Via Rivera Traffic Signal Installation Project. (O’Neill) Recommendation:
1) Accept the project as complete; 2) Authorize the City Clerk to file a Notice of Completion for the Hawthorne Boulevard and Via Rivera Traffic Signal Installation 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 Global Roadway Sealing, Inc., 35 days after recordation of the Notice of Completion by the Los Angeles County Registrar-Recorder's Office, contingent upon no claims being files on the project, and the contractor posting an acceptable warrant bond with the City.
Agenda Report
H.
Consideration and possible action to authorize the City Clerk to file a Notice of Completion for the Playground Equipment Surface Replacement Project. (O’Neill) 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 R.E. Schultz Construction, 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.
Agenda Report
I.
Consideration and possible action to review and approve the Fiscal Year 2022-23 Budget Development Calendar. (Ramos) Recommendation:
Review and approve the FY 2022-23 Budget Development Calendar.
Agenda Report
J.
Consideration and possible action to amend the contract services agreement with Graffiti Protective Coatings, Inc. for citywide graffiti abatement services. (Hernandez) Recommendation:
1) Award Amendment No. 6 to the contract services agreement with Graffiti Protective Coatings, Inc. thereby extending citywide graffiti abatement services for a period of six months in the amount not-to-exceed $36,000 thus increasing the total contract sum to $504,000 for the period between August 18, 2015 and June 30, 2022; and, 2) Authorize the Mayor to execute Amendment No. 6 in a form approved by the City Attorney.
Agenda Report
K.
Consideration and possible action to award a professional services agreement to Willdan Engineering for the roadway rehabilitation project along Silver Spur Road. (O’Neill) Recommendation:
1) Award a professional services agreement to Willdan Engineering for engineering and support services for the rehabilitation of the roadway segment of Silver Spur Road from the Rancho Palos Verdes City limit north of Hawthorne Boulevard to Elkmont Drive, in the amount of $99,749 with a 15% contingency of $14,962; and, 2) Authorize the Mayor to execute the professional services agreement in a form approved by the City Attorney.
Agenda Report
L.
Consideration and possible action to amend the Professional Services Agreement with Stay Green Inc. for citywide landscape and fuel modification services. (Hernandez) Recommendation:
1) Award Amendment No. 3 to the Professional Services Agreement with Stay Green Inc., thereby allowing the third of three one-year time extensions for citywide landscape and fuel modification services in an amount not-to-exceed $8,522,283.22 over the term of the agreement and not-to-exceed $1,561,111.40 annually; and, 2) Authorize the Mayor to execute Amendment No. 3 to the Agreement for Contractual Services in a form approved by the City Attorney.
Agenda Report
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. Those wishing to address the City should refer to the separate cover for public participation options or visit www.rpvca.gov/participate 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 address the City should refer to the separate cover for public participation options or visit www.rpvca.gov/participate.
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.
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 address the City should refer to the separate cover for public participation options or visit www.rpvca.gov/participate.
1. Consideration and possible action to reconsider the November 16, 2021, City Council decision to terminate the lease with Mr. Martin Martinez for the agricultural use of Hatano Farm Area at Upper Point Vicente. (Bañales) (15 mins) Recommendation:
1) Consider whether the City Council’s November 16, 2021 adopted motion to terminate the lease agreement with Mr. Martin Martinez for the agricultural use of the former Hatano Farm Area at Upper Point Vicente should be reconsidered; and, 2) If the City Council passes a motion to reconsider, direct staff to come back at the February 15, 2022 meeting with information and options, including the options identified in the November 16, 2021 City Council Agenda Report, for the City Council’s consideration.
Agenda Report
2. Consideration and possible action to receive and file biannual reports from various City advisory boards and committees. (Bañales) (90 mins) Recommendation:
Receive and file biannual reports and work plans from the City's Advisory Boards and Planning Commission.
Agenda Report
PowerPoint Presentation
3. Consideration and possible action to approve the Forrestal Reserve Parking and Traffic Management Concept Plan. (Awwad) (45 mins) Recommendation:
1) Approve the Forrestal Reserve Parking and Traffic Management Concept Plan and direct Staff to complete construction documents and commence construction; and, 2) Approve an additional appropriation of $80,000 in the Capital Infrastructure Projects (CIP) Fund.
Agenda Report
PowerPoint Presentation
4. Consideration and possible action to approve an amended and restated franchise agreement for solid waste collection with EDCO Disposal Corporation. (Ramezani) (30 mins) Recommendation:
1) Receive and file a summary report on the organics recycling and methane reduction requirements of Senate Bill No. 1383 (SB 1383): 2) Approve an amended and restated franchise agreement for solid waste collection with EDCO Disposal Corporation to implement expanded services and new solid waste rates in response to SB 1383 effective on April 1, 2022; 3) Authorize Staff to issue a public notice to all residents, pursuant to Proposition 218, regarding the new solid waste rates proposed to become effective on April 1, 2022 in response to SB 1383-related services; and, 4) Set a public hearing on March 15, 2022, pursuant to Proposition 218, for the City Council to receive public comments and consider approving the new solid waste proposed rates.
Agenda Report
Agenda Report (Updated 1/18/22 with Attachments)
PowerPoint Presentation
4a.
Consideration and possible action to renew the City’s authorized commercial solid waste collection and recycling companies for calendar year 2022. (Ramezani) (15 mins) Recommendation:
1) Adopt Resolution No. 2022-___, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DESIGNATING THE HAULERS AUTHORIZED TO PROVIDE SOLID WASTE COLLECTION AND RECYCLING SERVICES FROM COMMERCIAL PREMISES, AND ROLL OFF SERVICES TO RESIDENTIAL AND COMMERCIAL PREMISES IN THE CITY OF RANCHO PALOS VERDES FOR CALENDAR YEAR 2022; and, 2) Approve Amendment No. 3 thereby amending the commercial solid waste collection and recycling company agreements to extend services for calendar year 2022 with California Waste Services LLC; CalMet Services, Inc.; Consolidated Disposal Service, LLC DBA Republic Services; EDCO Disposal Corporation; Universal Waste Systems, Inc.; USA Waste of California, Inc., DBA Waste Management of Los Angeles; and West Coast Waste & Roll Off Service.
Agenda Report
5. Consideration and possible action to adopt a Peninsula Utility Interdependency White Paper.(Villalpando) (30 mins) Recommendation:
Adopt Resolution No. 2022-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, ADOPTING A PENINSULA UTILITY INTERDEPENDENCY WHITE PAPER FOR THE CITY OF RANCHO PALOS VERDES.
Agenda Report
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 February 1, 2022, for a Closed Session meeting and 7:00 P.M. for an Adjourned Regular meeting.
City Council Agendas and Staff Reports:
The agenda and staff reports are available on the City’s website at www.rpvca.gov/agendas
no later than 72 hours before the meeting.
Materials related to an item on an agenda submitted after distribution of the agenda packet are available on the City’s website at www.rpvca.gov/agendas
by clicking the link titled “Late Correspondence” at the top of the agenda.
Ordinances:
Government Code 36934 provides, except when, after reading the title, further reading is waived by regular motion adopted by majority vote all ordinances shall be read in full either at the time of introduction or passage; provided, however, that a reading of the title or ordinance shall not be required if the title is included on the published agenda and a copy of the full ordinance is made available to the public online and in print at the meeting prior to the introduction or passage.
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 agenda item. In addition, City meetings may be televised and may be accessed through the City's website at www.rpvca.gov/agendas
.
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. Virtual participation is also offered please visit www.rpvca.gov/participate
.
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.
Members of the public who require language assistance are welcome to bring their own interpreter. If you plan to attend with an interpreter, we kindly ask that you notify the City Clerk’s Office in advance so we can help accommodate seating and meeting logistics. For questions or to provide notice, please contact the City Clerk’s Office at (310)544-5217 or via email at [email protected]
. You will be allowed twice the allotted speaking time to facilitate the translation.
Conduct at the Council Meeting:
Pursuant to GC 54957.95: (a)(1) In addition to authority exercised pursuant to Sections 54954.3 and 54957.9, the presiding member of the legislative body conducting a meeting or their designee may remove, or cause the removal of, an individual for disrupting the meeting. (2) Prior to removing an individual, the presiding member or their designee shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding member or their designee may then remove the individual if they do not promptly cease their disruptive behavior. This paragraph does not apply to any behavior described in subparagraph (B) of paragraph (1) of subdivision (b)(1) means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, one of the following: (A) A failure to comply with reasonable and lawful regulations adopted by a legislative body pursuant to Section 54954.3 or any other law. (B) Engaging in behavior that constitutes use of force or a true threat of force.(2) “True threat of force” means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat.
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 a 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 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.
Closed Session:
Please be advised that, pursuant to the Ralph M. Brown Act, “a person may not disclose confidential information that has been acquired by being present in a Closed Session . . . to a person not entitled to receive it, unless the legislative body authorizes disclosure of that confidential information.” (Gov. Code § 54963(a).) “[C]onfidential information’ means a communication made in a Closed Session that is specifically related to the basis for the legislative body of a local agency to meet[] lawfully in Closed Session . . . .” (Gov. Code § 54963(a).) Please be further advised that any “[v]iolation of [Government Code § 54963] may be addressed by the use of such remedies as are currently available by law, including, but not limited to: (1) injunctive relief to prevent the disclosure of confidential information prohibited by this section; (2) disciplinary action against an [public or city official] who has willfully disclosed confidential information in violation of this section; (3) referral of a member of a legislative body who has willfully disclosed confidential information in violation of this section to a grand jury.” (Gov. Code § 54963(c).) American with Disabilities Act:
In compliance with the Americans with Disabilities Act, if you require an accommodation to participate in this meeting, please contact the City Clerk’s Office prior to the meeting at:
[email protected]
; by phone at 310-544-5217; or mail 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275. The City’s reasonable accommodation policy is available for review on the City’s website (see City Council Policy 58)
. Please note that for accommodations that are not readily available, you should make your request as soon as you can prior to the time of the meeting.
CEQA Compliance (Changes as of 11/7/22):
Unless stated otherwise on the agenda, every item on the agenda is exempt from CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15323 and/or Public Resources Code Section 21065.