https://rpvca.zoom.us/j/81973489719
AGENDA
RANCHO PALOS VERDES CITY COUNCIL MEETING
REGULAR MEETING
JANUARY 17, 2023
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 January 17, 2023, 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. 2023-01
NEXT ORDINANCE NO. 671
7:00 P.M. - REGULAR MEETING
CALL TO ORDER:
Mayor Ferraro
ROLL CALL:
Councilmember Alegria
Councilmember Bradley
Councilmember Seo
Mayor Pro Tem Cruikshank
Mayor Ferraro
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 December 20, 2022, Regular Meeting.
Draft Minutes
C.
Registers of Demands (Mata)
Recommendation:
1) Adopt Resolution No. 2023-__, 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 run 12/21/2022); and, 2) Adopt Resolution No. 2023-__, 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 run 01/06/2023).
Register of Demands (Check Date 20221221)
Register of Demands (Check Date 20230106)
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 February 2023. (Momoli) Recommendation:
1) Adopt Resolution No. 2023-__, 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 FEBRUARY 1, 2023 THROUGH FEBRUARY 28, 2023, PURSUANT TO THE RALPH M. BROWN ACT AND ASSEMBLY BILL NO. 361; and, 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 a claim against the City by Luis Castellanos. (Momoli) Recommendation:
Reject the claim and direct Staff to notify the claimant, Luis Castellanos.
Agenda Report
F.
Consideration and possible action regarding a claim against the City by Victor Iagnov. (Momoli) Recommendation:
Reject the claim and direct Staff to notify the claimant, Victor Iagnov.
Agenda Report
G.
Consideration and possible action to receive a litigation status report on the City’s code enforcement actions involving Indian Peak Properties, LLC. (Wynder) Recommendation:
Receive and file a litigation status report on Indian Peak Properties, LLC.
Agenda Report
H.
Consideration and possible action to authorize the placement of a Los Angeles County Fire Department helopod at the Ken Dyda Civic Center on a short-term basis. (Waters) Recommendation:
Authorize the placement of a Los Angeles County Fire Department helopod at the Ken Dyda Civic Center on a short-term basis and direct staff to work with the Civic Center Advisory Committee on a long-term potential location at the Civic Center with screening and aesthetic enhancements to the helopod.
Agenda Report
I.
Consideration and possible action to establish the Fiscal Year 2023-24 Budget Development Calendar. (Ramos) Recommendation:
Review and approve the FY 2023-24 Budget Development Calendar.
Agenda Report
J.
Consideration and possible action to initiate code amendment proceedings to Chapter 17.02 (Single-Family Residential (RS) Districts) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code to allow event centers in RS Districts as conditionally permitted land uses. (Silva) Recommendation:
Initiate code amendment proceedings to Chapter 17.02 (Single-Family Residential (RS) Districts) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code to allow event centers in RS Districts as conditionally permitted land uses.
Agenda Report
K.
Consideration and possible action to approve Amendment No. 1 to the contract services agreement with Ron’s Maintenance, Inc. for catch basin cleaning and related maintenance. (Hernandez) Recommendation:
1) Approve Amendment No. 1 to the contract services agreement with Ron’s Maintenance, Inc., thereby extending the term through October 1, 2025, increasing the not-to-exceed amount by $791,250 ($263,750 annually), for a not-to-exceed sum of $1,388,274, over the six year term of the agreement; 2) Authorize the Mayor and City Clerk to execute Amendment No. 1, in a form approved by the City Attorney; and, 3) Approve an additional appropriation of $86,750 in Measure W funds.
Agenda Report
L.
Consideration and possible action to approve Amendment No. 4 to the amended and restated agreement for professional services with Stay Green Inc. for citywide landscaping and general maintenance services. (Hernandez) Recommendation:
1) Approve Amendment No. 4 to the amended and restated professional services agreement with Stay Green Inc. for citywide landscaping and general maintenance services, thereby extending the term through June 30, 2023, and increasing the contract sum to an amount not to exceed $1,724,000 for Fiscal Year 2022-23 and $9,231,641.04 over the five-year-and-five-month term of the agreement; and, 2) Authorize the Mayor and City Clerk to execute Amendment No. 4, in a form approved by the City Attorney.
Agenda Report
M.
Consideration and possible action to amend City Council Policy No. 56 clarifying the type of advertisement allowed through the City’s Temporary Banner Program in the Public Right of Way. (Giang) Recommendation:
Amend City Council Policy No. 56 of the City’s Temporary Banner Program in the public right-of-way to clarify the kind of community events that the program banners may advertise.
Agenda Report
N.
Consideration and possible action to approve Amendment No. 2 to the Professional Services Agreement with Superion, LLC for the licensing and support of permitting software. (Buchwald) Recommendation:
1) Approve Amendment No. 2 to the Professional Services Agreement with Superion, LLC., to increase the agreement sum by $235,503.33 thereby increasing the not-to-exceed total agreement amount from $636,400 to $871,903.33, and extending the term by five years to December 19, 2026 for the licensing and support of permitting software; 2) Authorize the Mayor and City Clerk to execute the amendment in a form approved by the City Attorney.
Agenda Report
O.
Consideration and possible action to initiate code amendment proceedings to Exception Category ‘T’ of Chapter 15.20.040 (Exceptions) of Title 15 (Buildings and Construction) of the Rancho Palos Verdes Municipal Code to allow the construction of swimming pools in Zone 1 of the City’s Landslide Moratorium Area. (Silva) Recommendation:
1) Initiate code amendment proceedings to Exception Category ‘T’ of Chapter 15.20.040 (Exceptions) of Title 15 (Buildings and Construction) of the Rancho Palos Verdes Municipal Code to consider allowing the construction of swimming pools in Zone 1 of the City’s Landslide Moratorium Area.
Agenda Report
P.
Consideration and possible action to award a public works agreement to ATI Restoration, LLC. for water damage restoration work at the Point Vicente Interpretive Center. (O’Neill/Lo) Recommendation:
1) Award a public works agreement to ATI Restoration, LLC for a lump sum amount of $160,409.93, with an additional contingency of 20% or $32,081.99, to conduct water damage restoration and construction to the main room, offices, and hallway of the Point Vicente Interpretive Center resulting from a water pipe break; and, 2) Authorize the Mayor and City Clerk to execute the agreement, in a form approved by the City Attorney.
Agenda Report
Q.
Consideration and possible action to update the language on the City’s agendas to reflect recent legislative changes and to adopt a City Council Policy related to reasonable accommodation for Brown Act meetings. (Momoli/Takaoka) Recommendation:
1) Adopt Resolution No. 2023-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES UPDATING THE LANGUAGE ON THE CITY'S AGENDAS TO REFLECT THE CHANGES TO THE BROWN ACT ENACTED BY AB 2449, SB 1100, AND SB 1489; and, 2) Adopt City Council Policy No. 58, the City's Reasonable Accommodations Policy for City Brown Act meetings.
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 the Fiscal Year 2023-24 Community Development Block Grant (CDBG) project. (Awwad) (30 mins) Recommendation:
1) Approve the proposed FY 2023-24 Community Development Block Grant (CDBG) project; and, 2) Authorize the Director of Public Works to execute an agreement for the FY 2023-24 CDBG project with the Los Angeles County Development Authority (LACDA), subject to approval as to form by the City Attorney.
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 consider naming two of the three Reserves in the Lower Filiorum property and install associated monument signs. (Lozano) (15 mins) Recommendation:
1) Approve, pursuant to the Management Agreement, the Palos Verdes Peninsula Land Conservancy’s (PVPLC) proposal to name two of the three Reserves after families who contributed financially to the the recent acquisition of the Lower Filiorum property; and, 2) Approve the installation of the associated monument signs.
Agenda Report
PowerPoint Presentation
3. Consideration and possible action to receive biannual reports from various City advisory boards and committees. (Bañales) (60 mins) Recommendation:
Receive and file biannual reports and work plans from the City's Advisory Boards and Planning Commission.
Agenda Report
PowerPoint Presentation
4. Consideration and possible action to enter into a Memorandum of Understanding (MOU) with the Peninsula Cities regarding the implementation of the Zonehaven evacuation platform. (Villalpando) (30 mins) Recommendation:
Authorize the Mayor to execute an MOU between the Peninsula Cities of Rancho Palos Verdes, Palos Verdes Estates, Rolling Hills Estates, and Rolling Hills in a form acceptable to the City Attorney, regarding implementation of the Zonehaven evacuation platform and the associated "Know Your Zone" public outreach campaign.
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 February 7, 2023, 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.