https://rpvca.zoom.us/j/81973489719
AGENDA
RANCHO PALOS VERDES CITY COUNCIL MEETING
AND IMPROVEMENT AUTHORITY REGULAR MEETING
SEPTEMBER 6, 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 OPEN TO THE PUBLIC WITH VERY LIMITED PUBLIC SEATING The meeting of September 6, 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 be in person and using the virtual platform. Please see separate cover for virtual public participation options .
PUBLIC PARTICIPATION OPTIONS
Public Participation Options
LATE CORRESPONDENCE
Late Correspondence
NEXT RESOLUTION NO. 2022-53
NEXT ORDINANCE NO. 662
NEXT RESOLUTION NO. IA 2022-09
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 NEGOTIATOR
Pursuant to California Government Code Section 54956.8., the City Council will hold a Closed Session for the purpose of Conference with Real Property Negotiator. Property Under Negotiation: Assessor's Parcel Numbers 7575-004-018 Negotiating Parties: City Manager and City Attorney
Parties Negotiating With: Barton & Judith Richards
Under Negotiations: Terms and payment
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION A closed session will be held, pursuant to Government Code § 54956.9 (d)(2) or (d)(3) & (e)(1), because there is a significant exposure to litigation in two (2) cases where the facts and circumstances giving rise to such exposure may not be known to the putative plaintiff(s).
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 August 11 and August 16, 2022 (Adjourned Regular and Regular Meeting) Draft Minutes - August 11,2022 (Housing Element)
Draft Minutes - August 16,2022
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; and, 2) 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
Register of Demands - IA
D.
Consideration and possible action to receive and file the June 2022 Cash Balances/Monthly Treasurers’ Reports. (Lin) Recommendation:
Receive and file the June 2022 Cash Balances/Monthly Treasurer’s Report for the City and the Improvement Authority.
Treasurer Report - CC
Treasurer Report - IA
E.
Consideration and possible action regarding a claim against the City by Gilbert Vega Lopez, Jr. (Momoli) Recommendation:
Reject the claim and direct Staff to notify the claimant, Gilbert Vega Lopez, Jr.
Agenda Report
F.
Consideration and possible action regarding a claim against the City by Conjunction Junction LLC. (Wynder) Recommendation:
Reject the claim and direct Staff to notify the claimant, Conjunction Junction LLC.
Agenda Report
G.
Consideration and possible action to award a professional services agreement to Emerald Isle Entertainment to operate an ice skating rink at Upper Point Vicente Park/Civic Center. (Trautner) Recommendation:
1) Award a professional services agreement to Emerald Isle Entertainment in the amount of $61,000 to install and operate a synthetic ice rink at Upper Point Vicente Park/Civic Center on specific days between December 16, 2022, and January 8, 2023; and, 2) Authorize the Mayor to execute the professional services agreement in a form acceptable to the City Attorney.
Agenda Report
H.
Consideration and possible action to approve Amendment No. 1 to the professional services agreement with Coyote, Wildlife and Pest Solutions, Inc. to conduct coyote trapping. (Monroy) Recommendation:
1) Authorize Amendment No.1 to the professional services agreement with Coyote, Wildlife and Pest Solutions, Inc. to extend the term of the agreement for coyote trapping by one year through September 21, 2023, and increase the contract sum by $60,000 to $120,000; and, 2) Authorize the Mayor and City Clerk to execute the amendment.
Agenda Report
I.
Consideration and possible action to amend Chapter 13.10 (Storm Water and Urban Runoff Pollution Control) of Title 13 (Public Services) of the Rancho Palos Verdes Municipal Code. (Rukavina) Recommendation:
Introduce for first reading Ordinance No.__, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING CHAPTER 13.10 (STORM WATER AND URBAN RUNOFF POLLUTION CONTROL) OF TITLE 13 (PUBLIC SERVICES) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO BE CONSISTENT WITH THE TERMS AND PROVISIONS OF THE NEW MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PERMIT, ORDER NO. R4-2012-0175.
Agenda Report
J.
Consideration and possible action to award a Professional Services Agreement to Biggs Cardosa Associates for engineering services for repairing/rehabilitating/replacing the deteriorated retaining wall within City’s easement area on property at 3001 Crest Road. (Awwad) Recommendation:
1) Award a professional services agreement to Biggs Cardosa Associates for design and engineering services for the repairing/rehabilitating/replacing the deteriorated retaining wall at 3001 Crest Road in the amount of $86,895 with a 15% contingency of $13,034 totaling a not to exceed expenditure of $99,929; and, 2) Authorize the Mayor to execute the professional services agreement in a form acceptable to the City Attorney.
Agenda Report
K.
Consideration and possible action to award a professional services agreement to Focus Strategies to develop the City’s Homelessness Plan. (Bright) Recommendation:
1) Award a professional services agreement (PSA) to Focus Strategies to develop the City’s Homelessness Plan in an amount not to exceed $30,000; 2) Authorize the Mayor and City Clerk to execute the PSA, in a form acceptable to the City Attorney; 3) Accept an additional $10,000 grant from the SBCCOG; and, 4) Approve an additional appropriation of $30,000 for the PSA.
Agenda Report
L.
Consideration and possible action to approve time extensions for various Public Works Department professional services agreements. (Awwad) Recommendation:
1) Approve Amendment No. 1 to the professional services agreement with Houston/Tyner extending the time duration of the agreement to June 30, 2023, without increasing the project budget, to provide design and engineering services for the public restroom renovations at the Point Vicente Interpretive Center; 2) Approve Amendment No. 1 to the professional services agreement with Bureau Veritas, Inc., extending the time duration of the agreement to June 30, 2023, without increasing the project budget, to provide engineering services for the City’s Facilities Asset Management Program; 3) Approve Amendment No. 1 to the professional services agreement with Bucknam Infrastructure Group, Inc., extending the time duration of the agreement to June 30, 2023, without increasing the project budget, to create a Roadway Asset Management Program and update the Pavement Management Program; 4) Approve Amendment No. 1 to the professional services agreement with KOA Corporation, extending the time duration of the agreement to June 30, 2023, without increasing the project budget, to provide traffic calming plans for certain neighborhoods; and, 5) Authorize the Mayor and City Clerk to execute the amendments for time extensions only, in forms approved by the City Attorney.
Agenda Report
M.
Consideration and possible action to approve Amendment No. 2 to the professional services agreement with H2 Environmental Consulting Services, Inc. for hazardous materials abatement. (O’Neill) Recommendation:
1) Approve Amendment No. 2 to the professional services agreement with H2 Environmental Consulting Services, Inc. increasing the contract sum by $13,370 from $19,475 to $32,845 for hazardous materials abatement associated with the Ladera Linda Community Park Project; and, 2) Authorize the Mayor and City Clerk to execute the amendment, in a form approved by the City Attorney.
Agenda Report
N.
Consideration and possible action to oppose Assembly Bill (AB) 1886 requiring prevailing wages be paid for contractual street sweeping services. (Bright) Recommendation:
1) Authorize the Mayor to sign a letter opposing AB 1886, which would expand and clarify the definition of “public works” for the purpose of the payment of prevailing wages to also include street sweeping maintenance done under contract.
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 toreceive updates from the California Department of Transportation (Caltrans) regarding its proposed Western Avenue Bicycle and Pedestrian Improvement Project. (Awwad) (30 mins) Recommendation:
1) Receive and file the presentation of updates from Caltrans on its proposed Western Avenue Bicycle and Pedestrian Improvement Project to install bicycle lanes and pedestrian access improvements on Western Avenue; and, 2) If warranted, request that Caltrans work with City Staff to make any further adjustments to the project based on City Council and public feedback.
Agenda Report
PowerPoint Presentation
2. Consideration and possible action to receive a compliance report on back-up power mandates for telecommunication facilities. (Villalpando) (15 mins) Recommendation:
1) Receive and file a report regarding telecommunication facilities compliance with the State mandated 72 hour of backup power requirement; and, 2) Direct Staff to send a letter to the telecommunication providers servicing the City requesting compliance as required by California law.
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 September 20, 2022, for 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.