https://rpvca.zoom.us/j/81973489719
AGENDA
RANCHO PALOS VERDES CITY COUNCIL MEETING
REGULAR MEETING
FEBRUARY 15, 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
*HYBRID CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS WILL BE NOT BE OPEN TO THE PUBLIC The meeting of February 15, 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. 2022-06
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 REAL PROPERTY NEGOTIATORS
A closed session will be held, pursuant to Government Code § 54956.8, to enable the City Council to consider the property acquisition currently under negotiations with York Point View Properties LLC., with whom City is to give direction to the City Manager and City Attorney, regarding that certain real property commonly known as the Lower Filiorum and Plumtree properties, parcels as noted below. The City Council will provide direction on the terms of the property acquisition including price.
Parcels: APN 7581023037, APN 7581023035, APN 7573003016, APN 7572012028 (6001 Palos Verdes Drive South), APN 7572012024 (6001 Palos Verdes Drive South) 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 February 1, 2022 (Regular Meeting and Special Meeting -Interviews).
Draft Minutes for February 1, 2022 (Special - Interviews) Draft Minutes for February 1, 2022 (Regular)
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 01/21/22); 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 02/04/22).
Register of Demands (Check Date 20220121)
Register of Demands (Check Date 20220204)
D.
Consideration and possible action to continue implementing Assembly Bill No. 361 (AB 361) authorizing teleconferencing of meetings of legislative bodies for the month of March 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 MARCH 1, 2022, THROUGH MARCH 31, 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
E.
Consideration and possible action to approve an amended job specification for Associate Engineer. (DeZiel) Recommendation:
1) Review the revised job specification for Associate Engineer; and, 2) If acceptable, adopt Resolution No. 2022-__RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, STATE OF CALIFORNIA, AMENDING, APPROVING AND ADOPTING THE REVISED JOB SPECIFICATION FOR ASSOCIATE ENGINEER Agenda Report
F.
Consideration and possible action to authorize the City Clerk to file a Notice of Completion for the Catch Basins Collector Screen Insert 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 files 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 United Stormwater, 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
G.
Consideration and possible action to award a professional services agreement to Hout Engineering for project management services for projects associated with the Portuguese Bend Area landslides. (Awwad) Recommendation:
Award a professional services agreement to Hout Engineering for project management services for projects associated with the Portuguese Bend Area landslides in the not to exceed amount of $499,699 with a 15% contingency of $74,955; 2) Authorize the Mayor to execute the professional services agreement, in a form acceptable to the City Attorney; and, 3) Approve a reallocation (transfer of budget) of $85,760 from the Portuguese Bend Landslide Remediation Project to the Altamira Canyon Improvements Project.
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.
1. Consideration and possible action to amend Section 17.76.030 (Fences, walls and hedges) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code (RPVMC) requiring view assessments be conducted from public roads and areas for new fences, walls and hedges. (Alvarez) (30 mins) Recommendation:
1) Receive and File an update report on coastal view corridor compliance efforts; and, 2) Introduce Ordinance No. __, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING SECTION 17.76.030 (FENCES, WALLS AND HEDGES) OF SECTION 17.76 (MISCELLANEOUS PERMITS AND STANDARDS) OF ARTICLE VII (DEVELOPMENT APPLICATION AND REVIEW) OF TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO ENSURE THAT NEW WALLS, FENCES, OR HEDGES DO NOT SIGNIFICANTLY IMPAIR VEHICULAR VIEW CORRIDORS OR VIEWING STATIONS Agenda Report
PowerPoint Presentation
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.
2. Consideration and possible action to undertake a reconsideration of the prior action of the City Council terminating the lease agreement with Mr. Martin Martinez at Upper Point Vicente (the "Hatano Farm"). (Bañales) (45 mins) Recommendation:
1) Determine whether to rescind or proceed with the November 24, 2021, City Attorney's "Notice of Termination of Lease" letter to Mr. Martinez terminating the agricultural lease agreement effective August 16, 2022, and requesting the surrender of the premises to the City by that date; 2) In the event the City Council elects to rescind the termination letter, direct Staff to work with the City Attorney's Office to allow the continued agricultural operation at Upper Point Vicente by Mr. Martinez subject to new terms; 3) In the event the City Council elects to proceed with the termination letter, provide direction on one or a combination of the following uses to repurpose the site as a (previously reported and updated uses): a. Community Garden, b. Native Plant and Seed Nursery, c. Native Habitat Restoration Site, d. Cacti Garden, and e. Historic Designation Site.
Agenda Report
PowerPoint Presentation
3. Consideration and possible action to receive a report on the Rancho Palos Verdes Neighborhood Watch Program. (Bright) (15 mins) Recommendation:
1) Receive and file a report on the Rancho Palos Verdes Neighborhood Watch Program; and, 2) Adopt Resolution No. 2022-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, RECOGNIZING THE VITAL WORK OF THE RANCHO PALOS VERDES NEIGHBORHOOD WATCH AND EXPRESSING APPRECIATION FOR ITS HUNDREDS OF VOLUNTEERS.
Agenda Report
PowerPoint Presentation
4. Consideration and possible action to award contract services agreement to Griffin Structures and Gensler for services related to the Rancho Palos Verdes Civic Center Master Plan Project. (Waters) (15 mins) Recommendation:
1) Award a contract services agreement to Griffin Structures for Phase 1 project management and construction management services for the Rancho Palos Verdes Civic Center Master Plan Project in the not to exceed amount of $148,029; 2) Authorize the Mayor to execute the contract services agreement with Griffin Structures, in a form acceptable to the City Attorney; 3) Award a contract services agreement to Gensler for site plan pre-design services for the Rancho Palos Verdes Civic Center Master Plan Project in the not to exceed amount of $59,800; 4) Authorize the Mayor to execute the work authorization for additional services with Gensler in a form acceptable to the City Attorney; and, 5) Approve an additional appropriation of $10,000 from the Capital Infrastructure Project (CIP) Fund.
Agenda Report
Agenda Report (Updated 2/14/22 - Includes Attachment B) PowerPoint Presentation
5. Consideration and possible action to receive a status report on the City’s Aging and Disability Resource Connection (ADRC) program. (Bright) (15 mins) Recommendation:
Receive and file a status report on the Aging and Disability Resource Connection (ADRC) pilot program; 2) Rename the ADRC to the RPV Community Action Network (RPV CAN) and approve the proposed program adjustments; and, 3) Authorize Staff to publish the RPV CAN Membership Survey.
Agenda Report
PowerPoint Presentation
6. Consideration and possible action to encourage the voluntary implementation of smoke-free policies in multi-family housing units. (Silva/Giang) (30 mins) Recommendation:
Authorize Staff to provide informational materials to property owners and homeowners associations of multi-family housing complexes within the City to encourage the voluntary implementation of smoke-free policies in multi-family housing units.
Agenda Report
7. Consideration and possible action to hire a state lobbyist. (Bright) (15 mins) Recommendation:
1) Determine whether the City should consider hiring a lobbyist to represent the City in Sacramento; and, 2) If hiring a lobbyist is deemed acceptable, provide direction to Staff on how to proceed with negotiating the desired state lobbying services based on the proposed options.
Agenda Report
PowerPoint Presentation
8. Consideration and possible action to approve the City’s Public Safety Reimbursement Program. (Bright) (15 mins) Recommendation:
1) Approve the Public Safety Reimbursement Program and direct Staff to begin administering the program; and, 2) Adopt revisions to City Council Policy No. 31 requiring that the City and Los Angeles County Sheriff’s Department, Lomita Station, be granted access to data collected from neighborhood security cameras installed in the public right-of-way.
Agenda Report
PowerPoint Presentation
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 March 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.