https://rpvca.zoom.us/j/81973489719
AGENDA
RANCHO PALOS VERDES CITY COUNCIL MEETING
SPECIAL MEETING
APRIL 13, 2022
FRED HESSE COMMUNITY PARK, MCTAGGART HALL
29301 HAWTHORNE BOULEVARD, RANCHO PALOS VERDES 90275
5:30 P.M. CLOSED SESSION
6:00 P.M. SPECIAL MEETING
*HYBRID CITY COUNCIL MEETING
The Special Meeting of April 13, 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. Public participation will be in person and using the virtual platform. Please see separate cover for virtual public participation options.
LATE CORRESPONDENCE
Late Correspondence
NEXT RESOLUTION NO. 2022-19
NEXT ORDINANCE NO. 659
5:30 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, APN 7572012024, APN 7572012029 (6001 Palos Verdes Drive South) RECESS TO CLOSED SESSION (FIRESIDE ROOM):
RECONVENE TO SPECIAL MEETING:
6:00 P.M. - SPECIAL 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:
APPROVAL OF AGENDA:
PUBLIC COMMENTS: (Limited to items listed on this Special Meeting Agenda) During Public Comments any person may address the Council, limited to items listed on this special meeting 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.
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 Council should refer to the separate cover for public participation options or visit www.rpvca.gov/participate.
1. Consideration and possible action to approve the Purchase & Sale Agreement & Joint Escrow Instructions to purchase and manage certain real properties commonly known as the Lower Filiorum and Plumtree properties. (Wynder/Lozano) (15 mins) Recommendation:
1) Approve that certain “PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS” (”PSA”) by and between the CITY OF RANCHO PALOS VERDES (“City”), THE PALOS VERDES PENINSULA LAND CONSERVANCY (“PVPLC”), and YORK POINT VIEW PROPERTIES, LLC (“Seller”), to be effective as of March 29, 2022; 2) Authorize the Mayor to execute the same following approval as to form by the City Attorney; 3) Adopt Resolution No. 2022-__ entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE CITY TO ENTER INTO A GRANT AND SUBGRANT AGREEMENT WITH THE CALIFORNIA WILDLIFE CONSERVATION BOARD TO ACCEPT A GRANT AND SUBGRANT AUTHORIZING THE ACQUISITION OF ALL OR A PORTION OF ASSESSOR’S PARCEL NUMBERS 7573-003-016; 7572-012-028; 7572-012-029; 7581-023-035; AND 7581-023-037 (PORTIONS THEREOF) TOTALING APPROXIMATELY 96 ACRES IN THE CITY OF RANCHO PALOS VERDES, LOS ANGELES COUNTY”; 4) Approve and authorize the Mayor to sign that certain “ASSIGNMENT AND ASSUMPTION OF GRANT AGREEMENT” per the grant requirements for the Los Angeles County Regional Park and Open Space District Grant to be awarded to the PVPLC and contributed to the purchase of Lower Filiorum and Plumtree properties that the City will hold title in fee to; and, 5) Approve an additional appropriation of $1.3 million from the General Fund Unrestricted Excess Reserve.
Agenda Report
PowerPoint Presentation
2. Consideration and possible action to review the proposed Capital Improvement Program for Fiscal Years 2022-23 through 2026-27. (O’Neill/Awwad/Nguyen) (2 hours) Recommendation:
1) Receive and file a report on the status of the current FY2021-22 Capital Improvement Program; 2) Receive and file a report on the proposed Capital Improvement Program for Fiscal Years 2022-23 through 2026-27; 3) Provide direction on the proposed Capital Improvement Program for Fiscal Years 2022-23 through 2026-27; and, 4) Provide direction on proposed revisions to the American Rescue Plan Act (ARPA) spending plan as it relates to the Capital Improvement Program.
Agenda Report
ADJOURNMENT:
Adjourn to 6:00 P.M. on April 19, 2022, for Interviews and a Closed Session Meeting, and 7:00 P.M. for a 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.