https://rpvca.zoom.us/j/81973489719
AGENDA
RANCHO PALOS VERDES CITY COUNCIL MEETING
AND IMPROVEMENT AUTHORITY REGULAR MEETING
DECEMBER 6, 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 December 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. 2022-65
NEXT ORDINANCE NO. 671
NEXT RESOLUTION NO. IA 2022-12
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:
APPROVAL OF AGENDA:
CEREMONIAL MATTERS AND CERTIFICATION OF ELECTION:
1. Presentation to Mayor Bradley and Councilmember Dyda
2. Remarks by invited Electeds/Representatives and Council Members 3a.
Consideration and possible action to certify the results of the General Municipal Election of November 8, 2022 (Takaoka) Recommendation:
Adopt Resolution No. 2022-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW.
Agenda Report
Agenda Report (Updated 12/7/22 with Attachments)
3. Swearing in and Seating of Newly Elected Council Members David Bradley, Barbara Ferraro and Paul Seo. (Takaoka)
4. Council Reorganization
a.
Selection of Mayor
Action Required:
(1) City Clerk will ask for nominations for Mayor; and (2) City Council to elect by majority vote. b.
Selection of Mayor Pro Tem
Action Required:
(1) Newly appointed Mayor will ask for nominations for Mayor Pro Tem; and, (2) City Council to elect by majority vote. c.
Comments by newly appointed Mayor, Mayor Pro Tem, and Council Members.
RECESS TO RECEPTION: (30 mins)
A reception will be held to honor the outgoing and incoming Council Members.
CALL TO ORDER:
Newly appointed Mayor
ROLL CALL:
Councilmember Alegria
Councilmember Bradley
Councilmember Cruikshank
Councilmember Ferraro
Councilmember Seo
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
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 15, 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; 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 cancel the January 3, 2023 City Council meeting. (Takaoka)
Recommendation:
Approve the cancellation of the January 3, 2023 City Council meeting.
Agenda Report
E.
Consideration and possible action to amend the existing Professional Services Agreement with Michael Baker International, Inc. for additional temporary planning services. (Garrett) Recommendation:
1) Approve Amendment No. 1 to the Professional Services Agreement with Michael Baker International, Inc., to provide additional planning services in the Community Development Department, increasing the agreement sum by $85,000, thereby increasing the not-to-exceed total agreement amount from $30,000 to $115,000; and, 2) Authorize the Mayor and City Clerk to execute the amendment in a form approved by the City Attorney.
Agenda Report
F.
Consideration and possible action to receive and file the October 2022 Cash Balances/Monthly Treasurers’ Reports. (Lin) Recommendation:
Receive and file the October 2022 Cash Balances/Monthly Treasurers’ Reports for the City and the Improvement Authority.
Treasurer Report- CC
Treasurer Report- IA
G.
Consideration and possible action to grant a time extension to the wireless license agreement with AT&T for the use of City Hall grounds to support its wireless facilities on the Civic Center monopole. (Bright) Recommendation:
Approve a retroactive five-year, with one additional five-year, term extension of the license agreement with AT&T until June 30, 2032, thereby increasing the annual base rent to $49,466.72 with 5% increases every year thereafter and updating the form of the license agreement for its existing wireless telecommunications facilities on the Ken Dyda Civic Center monopole.
Agenda Report
H.
Consideration and possible action to approve compensation changes for part-time employees due to the state’s mandatory minimum wage increase. (Bañales) Recommendation:
Adopt Resolution No. 2022-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING, RESTATING, AND SUPERSEDING RESOLUTION NO. 2022-44 THAT SETS THE SALARY AND HOURLY COMPENSATION SCHEDULE FOR ALL CITY EMPLOYEES TO REFLECT NEW SALARY RANGES FOR PART-TIME EMPLOYEES BASED ON A MINIMUM WAGE INCREASE 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.
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 determine the limits of removal of the existing fence and vegetation on the ocean-facing side of the Ladera Linda Community Park. (O’Neill) (30 mins) Recommendation:
(1) Review staff's recommended limits of removal of existing fencing and vegetation on the ocean-facing side of the Ladera Linda Community Park in response to neighbors' requests; (2) If deemed acceptable, direct staff to make the following revisions to the Ladera Linda Community Park plans:
a. Lower the existing fence and trim the plantings along the entire ocean-facing side of the park to a height of 42 inches from the finished grade, and fill in any gaps in vegetation along the fence with new similar plants; b. Plant a vine or hedge that will grow up to 42 inches in height along the park facing side of the existing ocean-facing fence for screening purposes; c. Plant a barrier of coastal sage scrub and/or other native plants within the entire landscape setback zone between the top of slope and walking paths, except where the walking path approaches the stairway; d. Install a context-sensitive railing, to be selected by Staff, at a height ranging between 36- and 42- inches adjacent to the walking paths along the entire ocean-facing side of the park; and, e. Eliminate the Council-approved 6-foot chain link fence along the slope of the ocean-facing side of the park and retain the existing vegetation on the slope. (3) Direct staff to monitor the effectiveness of the plan revisions for City Council review one year after the park grounds and building are opened to the public to determine if further revisions are warranted.
Agenda Report
PowerPoint Presentation
2. Consideration and possible action to receive a report on the City’s planning permit review process. (Seeraty) (30 mins) Recommendation:
1) Receive and file a report prepared by Michael Baker International on the City’s planning permit review process; and, 2) Provide Staff with direction on the proposed recommendations intended to improve efficiency with processing planning applications.
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 December 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.