https://rpvca.zoom.us/j/81973489719
AGENDA
RANCHO PALOS VERDES CITY COUNCIL MEETING
REGULAR MEETING
NOVEMBER 15, 2022
FRED HESSE COMMUNITY PARK, MCTAGGART HALL
29301 HAWTHORNE BOULEVARD, RANCHO PALOS VERDES 90275
7:00 P.M. REGULAR MEETING
*HYBRID CITY COUNCIL MEETING
The meeting of November 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 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. 2022-61
NEXT ORDINANCE NO. 670
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
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 November 1, 2022, 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.
Register of Demands
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 December 2022. (Zweizig) 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 PERIOD BEGINNING DECEMBER 1, 2022 THROUGH DECEMBER 31, 2022, PURSUANT TO THE RALPH M. BROWN ACT AND ASSEMBLY BILL NO. 361., 2) Authorize Staff to continue conducting, as warranted, City Council and Planning Commission public meetings using a combination in-person/virtual (hybrid) platform and continue conducting virtual-only meetings or a combination in-person/virtual (hybrid) platform, if warranted, 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 regarding the annual business license tax. (Loya) Recommendation:
1) Direct Staff not to increase the City’s business license tax (BLT) rate for 2023; 2) Direct Staff to continue setting the annual BLT for home occupancy businesses at zero ($0) for 2023; and, 3) Direct Staff to continue the Small Business Financial Assistance Program.
Agenda Report
F.
Consideration and possible action to receive a report on the Water Replenishment District (WRD). (Bright) Recommendation:
Receive and file a report on the Water Replenishment District.
Agenda Report
Water Replenishment District PowerPoint Presentation
G.
Consideration and possible action to award a professional services agreement to Geo-Logic Associates, Inc. for support services associated with the Portuguese Bend Landslide Mitigation Project. (Dragoo) Recommendation:
1) Award a professional services agreement to Geo-Logic, Inc., in an amount not to exceed $74,088, for on-call technical, design, grant application, and other related support services associated with the Portuguese Bend Landslide Mitigation Project’s Environmental Impact Report; and, 2) Authorize the Mayor and City Clerk to execute the contract, in a form approved by the City Attorney.
Agenda Report
H.
Consideration and possible action to approve Amendment No. 1 to the professional services agreement with Hout Construction Services, Inc. for Palos Verdes Drive South roadway inspection and construction management in the Portuguese Bend Landslide area. (Dragoo) Recommendation:
1) Approve Amendment No. 1 to the professional services agreement with Hout Construction Services, Inc., thereby extending the agreement through June 30, 2024, increasing the not-to-exceed amount for the Palos Verdes Drive South Roadway Repair Management task by $82,317.50 for the period from February 15, 2023 through June 30, 2023, and by $202,800.86 for the period from July 1, 2023 through June 30, 2024, therefore increasing the total contract not-to-exceed sum from $499,699.20 to $784,817.56; and, 2) Authorize the Mayor and City Clerk to execute the Amendment No. 1, in a form approved by the City Attorney.
Agenda Report
I.
Consideration and possible action to commit matching funds supporting the City’s two applications for Building Resilient Infrastructure and Communities (BRIC) Grant Funding from the Federal Emergency Management Agency (FEMA). (Villalpando) Recommendation:
Authorize the Mayor to sign two commitment letters of matching funds for the BRIC sub-applications to the California Governor’s Office of Emergency Services (CalOES) for the Portuguese Bend Landslide Infrastructure and Community Resiliency Project and the Power Line Undergrounding Fire Mitigation Utility Protection Project Agenda Report
J.
Consideration and possible action to approve an amendment to the professional service agreement with Gensler for added services to complete the preliminary site plans for the Civic Center Master Plan Project (Waters) Recommendation:
1) Authorize Amendment No. 1 to the professional services agreement with Gensler, in the not-to-exceed amount of $29,480, for added services to update the preliminary site plans for the Civic Center Master Plan Project to include fire and sheriff stations and a parking structure as an alternative option in response to concerns expressed by officials with Los Angeles County, and to relocate programmatic components as public safety elements for consideration by General Services Administration (GSA), Department of Justice (DOJ) and the Federal Emergency Administration (FEMA).and, 2) Authorize the Mayor and City Clerk to execute the amendment in a form acceptable to the City Attorney.
Agenda Report
K.
Consideration and possible action to increase the City’s contribution to employee health savings accounts. (Bañales) Recommendation:
Adopt Resolution No. 2022 -___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, INCREASING THE CITY'S HEALTH SAVINGS ACCOUNT CONTRIBUTION FOR ALL ELIGIBLE EMPLOYEES EFFECTIVE JANUARY 1, 2023.
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 approve an after-the-fact Coastal Permit establishing a Neighborhood Permit Parking Program in the Community of Abalone Cove* (Case No. PLCP2022-0001). (Yoon) (45 mins) Recommendation:
Adopt RESOLUTION NO. 2022-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING AN AFTER-THE FACT COASTAL PERMIT TO ESTABLISH A NEIGHBORHOOD PERMIT PARKING PROGRAM IN THE COMMUNITY OF ABALONE COVE AND DECLARING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER SECTION 15301 OF THE CEQA GUIDELINES (CASE NO. PLCP2022-0001). (* Previously known as the West Portuguese Bend Community) Agenda Report
PowerPoint Presentation
2. Consideration and possible action to adopt Ordinance No. 669 adopting the 2022 California Building Standards Code. (Rasor) (15 mins) Recommendation:
Adopt Ordinance No. 669, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING BY REFERENCE THE 2022 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; AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE; AND ADOPTING THE 2020 LOS ANGELES COUNTY FIRE CODE TITLE 32.
Agenda Report
PowerPoint Presentation
3. Consideration and possible action to adopt an interim urgency ordinance extending the moratorium period for Urgency Ordinance No. 665U on the entitlement, establishment, expansion, or modification of antennas governed pursuant to § 17.76.020 (Antennas) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code. (Yoon) (15 mins) Recommendation:
Adopt Ordinance No. ___U, AN INTERIM URGENCY ORDINANCE OF THE CITY OF RANCHO PALOS VERDES EXTENDING THE MORATORIUM PERIOD ENACTED BY INTERIM URGENCY ORDINANCE NO. 665U BY AN ADDITIONAL 10 MONTHS AND 15 DAYS, TO ALLOW STAFF ADEQUATE TIME TO RESEARCH AND PREPARE CODE AMENDMENT PROCEEDINGS TO AMEND RANCHO PALOS VERDES MUNICIPAL CODE § 17.76.020 (ANTENNAS).
Agenda Report
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.
4. Consideration and possible action to receive a report on potential City park locations for a proposed Palos Verdes Historical Society Museum. (Waters) (30 mins) Recommendation:
1) Receive and file a report on potential City park locations for a proposed Palos Verdes Historical Society Museum (PVHS) including the Historical Society's request to locate the museum at Lower Point Vicente; and, 2) If desired, provide Staff direction on a potential City park location for a future home of the PVHS Museum.
Agenda Report
PowerPoint Presentation (Staff)
PowerPoint Presentation (Palos Verdes Historical Society)
5. Consideration and possible action to determine the limits of removal of the existing fence and vegetation on the ocean-facing side of the lower tier of Ladera Linda Community Park. (O’Neill) (30 mins) Recommendation:
Authorize staff to proceed with the removal of the existing fence and vegetation on the ocean-facing side of the lower tier as shown in Exhibits 3 and 4 of this staff report, while keeping the vegetation and fence along Forrestal Drive of the lower tier of Ladera Linda Community Park.
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 December 6, 2022, for a Closed Session meeting followed by a 7:00 P.M. 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.