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CC AGD 20191217 (AMENDED) *AMENDED AGENDA RANCHO PALOS VERDES CITY COUNCIL MEETING TUESDAY, DECEMBER 17, 2019 FRED HESSE COMMUNITY PARK, MCTAGGART HALL 29301 HAWTHORNE BOULEVARD, RANCHO PALOS VERDES 90275 6:00 P.M. – CLOSED SESSION AND STUDY SESSION 7:00 P.M. – REGULAR MEETING *AGENDA TITLE AND RECOMMENDATION FOR ITEM NO. 4 HAS BEEN AMENDED NEXT RESOLUTION NO. 2019-66 NEXT ORDINANCE NO. 631 6:00 P.M. CLOSED SESSION CALL TO ORDER: Mayor Cruikshank ROLL CALL: Councilmember Bradley Councilmember Dyda Councilmember Ferraro Mayor Pro Tem Alegria Mayor Cruikshank 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 speak are asked to complete a REQUEST TO ADDRESS THE CITY COUNCIL form located on the table across from the entrance and submit it to the City Clerk. You will be called at the appropriate time to make your remarks. 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).) *AMENDED City Council Agenda December 17, 2019 Page 2 of 8 1. POTENTIAL LITIGATION AGAINST THE CITY GC 54956.9(d)(2) and (e)(1) Based on facts and circumstances that might result in litigation against the City, but which the City believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed. 2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION GC SECTION 54956.9 (d)(1) Name of case: York Point View Properties, LLC v. v. City of Rancho Palos Verdes, Los Angeles Superior Court Case No. BS174116 3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION GC SECTION 54956.9 (d)(1) a. Name of case: City of Rancho Palos Verdes v. Indian Peak Properties, LLC, Los Angeles Superior Court Case No. 18STCV03781 b. Name of case: Indian Peak Properties, LLC v. City of Rancho Palos Verdes, et al., Los Angeles Superior Court Case No. 18STCP02913 4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION GC SECTION 54956.9 (d)(1) a. Name of case: City of Gardena vs. Regional Water Quality Control Board, Los Angeles Region, et al., Orange County Superior Court Case Number: 30-2016- 00833722-CU-WM-CJC b. Name of case: City of Duarte vs. Regional Water Quality Control Board, Los Angeles Region, et al., Orange County Superior Court Case Number: 30-2016- 00833614-CU-WM-CJC RECESS TO CLOSED SESSION (FIRESIDE ROOM): RECONVENE TO STUDY SESSION (MCTAGGART HALL): 6:00 P.M. – STUDY SESSION Immediately Following the Closed Session The Study Session will commence immediately following the Closed Session. The primary purpose of the Study Session is to provide an opportunity for the Council members to interact freely and informally, ask questions and discuss policy items that are listed on the agenda for that specific Study Session. The City Council will also provide direction to Staff regarding upcomi ng agenda items and tentative agendas, including prioritization of agenda items that are listed on the agenda for that specific study session. No action shall be taken during any Study Session unless the agenda so provides. *AMENDED City Council Agenda December 17, 2019 Page 3 of 8 PUBLIC COMMENTS FOR STUDY SESSION: This section is intended to provide members of the public with the opportunity to comment on Study Session items only. Each speaker will be limited to one (1) minute to address the City Council. Those wishing to speak are asked to complete a REQUEST TO ADDRESS THE CITY COUNCIL form located on the table across from the entrance and submit it to the City Clerk. You will be called at the appropriate time to make your remarks. DISCUSSION TOPICS FOR STUDY SESSION: SS1. Review of Tentative Agendas and ongoing City Council Goals and Priorities Recommendation: Receive and file the Tentative Agendas and Ongoing City Council Goals and Priorities. ADJOURN TO REGULAR MEETING: 7:00 P.M. – REGULAR MEETING CALL TO ORDER: Mayor Cruikshank ROLL CALL: Councilmember Bradley Councilmember Dyda Councilmember Ferraro Mayor Pro Tem Alegria Mayor Cruikshank 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 o f 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 speak are asked to complete a REQUEST TO ADDRESS THE CITY COUNCIL form located on the table across from the entrance and submit it to the City Clerk. You will be called at the appropriate time to make your remarks. CITY MANAGER REPORT: *AMENDED City Council Agenda December 17, 2019 Page 4 of 8 CONSENT CALENDAR: Items listed under the Consent Calendar consists of routine items and will be approved in one motion. Any member of the Coun cil may pull an item for discussion or clarification. Items pulled from the Consent Calendar by a Councilmember will be heard aft er the Regular Business section of the agenda, unless otherwise directed by the City Council. If a member of the public has requeste d to speak on a Consent Calendar item, it will be pulled and heard immediately after the Consent Calendar. Those wishing to s peak on any Consent Calendar item(s) will be limited to three (3) minutes to address the City Council. Those wishing to speak are asked to complete a REQUEST TO ADDRESS THE CITY COUNCIL form located on the table across from the entrance and submit it to th e City Clerk. You will be called at the appropriate time to make your remarks. 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 t o be given by all Council Members after the reading of the title. B. Approval of Minutes (Colborn) Recommendation: Approve the Minutes of the October 29, 2019, adjourned regular meeting (NCCP). C. Register of Demands (Garcia) Recommendation: Adopt Resolution No. 2019-__, 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. D. Consideration and possible action regarding the annual business license tax (Browning) Recommendation: Do not increase the City’s business license tax rate for 2020. E. Consideration and possible action to review the current status of Border Issues (Barnes) Recommendation: Receive and file the second biannual report on the status of Border Issues for 2019. F. Consideration and possible action to adopt a resolution expressing opposition to the Southern California Association of Governments’ approved Draft Regional Housing Needs Assessment Allocation Methodology (Silva) Recommendation: Adopt Resolution No. 2019-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES EXPRESSING OPPOSITION TO THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS’ APPROVED DRAFT REGIONAL HOUSING NEEDS ASSESSMENT ALLOCATION METHODOLOGY G. Consideration and possible action to receive and file a third quarter report on the implementation of the City’s Wireless Telecommunications Facilities in the Public Right-of-Way Ordinance (Case No. PLCA2019-0002) (Seeraty) Recommendation: Receive and file a third quarter report on the implementation of the City’s Wireless Telecommunications Facilities in the Public Right-of-Way Ordinance. *AMENDED City Council Agenda December 17, 2019 Page 5 of 8 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. PUBLIC HEARINGS: This section is for hearings that have been noticed, published, and/or mailed to property owners as required by law. The May or 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 speak are asked to complete a REQUEST TO ADDRESS THE CITY COUNCIL form located on the table across from the entrance and submit it to the City Clerk. You will be called at the appropriate time to make your remarks. 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 to make a presentation. Normally, the applicants and appellants will be limited to a three (3) minute rebuttal (if re quested). 1. Consideration and possible action to approve the proposed Fiscal Year 2020-21 Community Development Block Grant (CDBG) project and budget (Eder) (5 mins.) Recommendation: (1) Approve the proposed FY 20-21 Community Development project and budget; (2) Authorize the Director of Public Works to execute an agreement for the FY 20-21 CDBG project with the Los Angeles County Development Authority (LACDA), subject to approval as to form by the City Attorney; and (3) Authorize the Director of Public Works to adjust the project budget, as necessary, to take into account the final CDBG allocations and any amounts unexpended at the close of FY 19-20 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 speak are asked to complete a REQUEST TO ADDRESS THE CITY COUNCIL form located on the table across from the entrance and submit it to the City Clerk. You will be called at the appropriate time to make your remarks. 2. Consideration and possible action to amend the professional services agreement with Johnson Favaro for Ladera Linda Park Architectural and Engineering Design Services (Waters) (20 mins.) Recommendation: Authorize the Mayor to approve Amendment No. 1 to the professional services agreement with Johnson Favaro for Ladera Linda Park Architectural and Engineering Design Services 3. Consideration and possible action to accept and file the design drawings and hydrologic analysis associated with Portuguese Bend Landslide Mitigation Project (Razepoor) (20 mins.) Recommendation: (1) Accept and file the design drawings and hydrologic analysis associated with Portuguese Bend Landslide Mitigation Project; (2) Authorize Staff to proceed with preparing the environmental document pursuant to the California Environmental Quality Act (CEQA) for the project including requesting and receiving proposals as needed; and (3) Authorize Staff to identify funding opportunities for construction from county, state, and federal agencies to augment local funds for consideration by the City Council at a later date . *AMENDED City Council Agenda December 17, 2019 Page 6 of 8 4. Consideration of, and ruling on, the “Notice of Appeal,” filed pursuant to RPV Municipal Code § 8.24.040(D), by legal counsel for Indian Peak Properties, LLC, appealing that certain “Notice and Order to Abate a Public Nuisance,” duly posted and duly served for those certain premises described as Lot 80, Assessor Parcel No. 7577-013-030, whose common street address is 26708 Indian Peak Road, Rancho Palos Verdes, California (Wynder) (20 mins.) Recommendation: Adopt Resolution No. 2019-___, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL OF THE CITY’S NOTICE AND ORDER TO ABATE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT OF THE PUBLIC NUISANCE EXISTING AT THE PROPERTY LOCATED AT 26708 INDIAN PEAK ROAD *Title and recommendation revised as of 12/13/19* 5. Consideration and possible action to appoint City Council Members to Intergovernmental Organizations, Associations and City Subcommittees for 2020 (Colborn) (15 mins.) Recommendation: (1) Appoint the members of the City Council to the various intergovernmental organizations, associations, and City Subcommittees for 2020; and (2) Direct Staff to notify the various agencies of the City Council’s decision. 6. Consideration and possible action regarding the Fiscal Year 2018-19 Year-end Unaudited Financial Report, Purchase Order Carry-Forward Schedule, and continuing appropriations (Browning) (20 mins.) Recommendation: (1) Receive and file the FY 2018-19 Year-end Unaudited Financial Report; (2) Receive and file the Purchase Order Carry-Forward Schedule from FY 2018-19 to FY 2019-20; (3) Approve decreasing the FY 2018-19 Adopted Budget in the amount of $741,432 (General Fund), $535,797 (1911 Act Street Lighting Fund), $4,851 (Proposition A Fund), $9,081 (Proposition C Fund), $113,7 05 (Measure R Fund), $7,331 (Donor Restricted Contribution Fund, $131,261 (CDBG Fund), $4,054,018 (Infrastructure Improvement Program Fund), $563,665 (State Grant Fund), $862,341 (Quimby Fund) and $116,773 (Equipment Replacement Fund) for purchase order carry-forward, continuing appropriation and projects in process; and (4) Approve amending the FY 2019-20 Adopted Budget in the amount of $741,432 (General Fund), $535,797 (1911 Act Street Lighting Fund), $4,851 (Proposition A Fund), $9,081 (Proposition C Fund), $113,705 (Measure R Fund), $7,331 (Donor Restricted Contribution Fund), $131,261 (CDBG Fund), $4,054,018 (Infrastructure Improvement Program Fund), $563,665 (State Grant Fund), $862,341 (Quimby Fund) and $116,773 (Equipment Replacement Fund) for purchase order carry-forward, continuing appropriations and capital projects in process. 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. *AMENDED City Council Agenda December 17, 2019 Page 7 of 8 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 re port 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: *AMENDED City Council Agenda December 17, 2019 Page 8 of 8 City Council Agendas and Staff Reports: Agendas and staff reports are available for public review within 72 hours of the meeting at City Hall, 30940 Hawthorne Boulevard during regular business hours, 7:30 A.M. to 5:30 P.M. Monday – Thursday and 7:30 A.M. to 4:30 P.M. on Friday; Hesse Community Park, 29301 Hawthorne Boulevard during regular business hours Monday – Friday from 9:00 A.M. until dusk, Saturday and Sunday from 10:00 A.M. until dusk; and at the City’s website www.rpvca.gov Materials related to an item on an agenda submitted after distribution of the agenda packet are available for public inspection at the front counter of the lobby of the City Hall Administration Building at 30940 Hawthorne Boulevard, Rancho Palos Verdes during normal business hours. 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 agendized item. In addition, City meetings may be televised and may be accessed through the City's website. 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. 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. Conduct at the Council Meeting: The Mayor shall order removed from the Council Chambers any person(s) who commit the following acts at a meeting of the City Council: Disorderly, contemptuous or insolent behavior toward the Council or any member thereof, tending to interrupt the due and orderly course of said meeting; a breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting; disobedience of any lawful order of the Mayor, which shall include an order to be seated or to refrain from addressing the Council from the audience; any other unlawful interference with the due and orderly course of the meeting. 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 the 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 of the 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 a disability-related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the City Clerk’s Office at 310 544-5217 at least 48 hours prior to the meeting. -.v- t� Afr L'?it22,k,ikt: 21RINA 5",.t�t(�jt`7T.2Y s$S'„ �t���4l�i�,k,7' S )S E Q'Y.: CITY OF - RANCHO PALOS VERDES STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF RANCHO PALOS VERDES ) AFFIDAVIT OF AGENDA POSTING I, Emily Colborn, declare as follows: That I am the City Clerk of the City of Rancho Palos Verdes; that I hereby affirm that a copy of the AMENDED agenda for the Regular Meeting of the City Council for December 17, 2019, was conspicuously posted on the City Hall Bulletin Board, located at 30940 Hawthorne Boulevard, Rancho Palos Verdes California, at the time and date indicated below. 4 Time: ° As M I\ Dated: December 11, 2019 _\U' City Clerk 30940 HAWTHORNE BLVD./RANCHO PALOS VERDES,CA 90275-5391/(310)544-5217/FAX(310)544-5291/WWW.RPVCA.GOV