CC AGD 20200505 (AMENDED)
THE CITY COUNCIL CHAMBERS WILL NOT BE OPEN TO THE PUBLIC
Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsom on
March 17, 2020, this City Council meeting, will be conducted via teleconference using the
Zoom platform and broadcast live on the City's website at www.rpvca.gov/agendas and
on RPVTV Channels 33 and Fios38. Please see separate cover for public participation
options.
**AMENDED AGENDA AND SPECIAL MEETING
RANCHO PALOS VERDES CITY COUNCIL MEETING
5:30 P.M. – SPECIAL MEETING – CLOSED SESSION
7:00 P.M. – REGULAR MEETING
**A SPECIAL MEETING WILL BE CONDUCTED AT 5:30 PM TO ACCOMMODATE
AN EARLIER START TIME FOR CLOSED SESSION MATTERS.
THE REGULAR AGENDA HAS BEEN AMENDED TO ADD CLOSED SESSION ITEM
NO. 4 AND CONSENT CALENDAR ITEM L.
NEXT RESOLUTION NO. 2020-19 NEXT ORDINANCE NO. 636
5:30 P.M. SPECIAL MEETING -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 address the City Council should refer to the
separate cover for public participation options or visit www.rpvca.gov/participate
CLOSED SESSION ITEM(S):
Second Amended City Council Agenda
May 5, 2020
Page 2 of 7
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).)
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
GC SECTION 54956.9 (d)(1)
Name of Cases:
City of Rancho Palos Verdes v. Indian Peak Properties, LLC
Los Angeles Superior Court Case No. 18STCV03781
Indian Peak Properties, LLC v. City of Rancho Palos Verdes
Los Angeles Superior Court Case No. 18STCP02913
Indian Peak Properties, LLC, et al v. City of Rancho Palos Verdes, et al
Central District of California Case No. 2:20-cv-00457-DSF-E
Indian Peak Properties, LLC Petition for Declaratory Ruling
Federal Communications Commission CSR -O
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
A closed session will be held, pursuant to Government Code §54956.9(d)(4)
because the City is considering whether to initiate litigation in one case .
*3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
A closed session will be held, pursuant to Government Code § 54956.9(d)(2) or
(d)(3) and (e)(1) because there is a significant exposure to litigation in one case
where the facts and circumstances giving rise to an exposure to litigation are not
known to plaintiff(s).
**4. CONFERENCE WITH LABOR NEGOTIATOR
A closed session will be held, pursuant to Government Code § 54957.6, with the City
Manager, City Attorney and Ms. Julie DeZiel, the City’s negotiators, regarding labor
negotiations with the Rancho Palos Verdes Employee Association.
RECESS TO CLOSED SESSION:
ADJOURN TO REGULAR MEETING:
7:00 P.M. – REGULAR MEETING
CALL TO ORDER: Mayor Cruikshank
Second Amended City Council Agenda
May 5, 2020
Page 3 of 7
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 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:
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 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 (Colborn)
Recommendation: Approve the Minutes of the April 21, 2020 Regular Meeting and
the April 27, 2020 Adjourned Regular Meeting.
C. Register of Demands (Amundson)
Recommendation: 1) Adopt Resolution No. 2020-__, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ALLOWING
Second Amended City Council Agenda
May 5, 2020
Page 4 of 7
CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH
THE SAME ARE TO BE PAID(check run 4/10/20); and 2) Adopt Resolution No.
2020-__, 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
4/17/20).
D. Consideration and possible action regarding a claim against the City by Sara Dao-
Pickard (Colborn)
Recommendation: Reject the claim and direct Staff to notify the claimant.
E. Consideration and possible action to receive and file the March 2020 Cash
Balances/Monthly Treasurer’s Report (Lin)
Recommendation: Receive and file the March 2020 Cash Balances/Monthly
Treasurer’s Report.
F. Consideration and possible action to review and adopt the FY2019 -20 Investment
Policy for the City of Rancho Palos Verdes (Lin)
Recommendation: Adopt the FY19-20 Investment Policy for the City of Rancho
Palos Verdes.
G. Consideration and possible action to approve the continued participation in the Los
Angeles Urban County Community Development Block Program (CDBG) (Sassoon)
Recommendation: 1) Approve Resolution No. 2020-___, approving and authorizing
an agreement by and between the City of Rancho Palos Verde and the Los Angeles
Urban County Community Development Block Program (CDBG); 2) Authorize the
Mayor and the City Clerk to execute the proposed Agreement with the Los Angeles
Urban County Community Development Block Program.
H. Consideration and possible action to approve EDCO’s Residential Solid Waste and
Recycling rate increase request for Fiscal Year 2020-21(Ramezani)
Recommendation: Review and approve EDCO’s Residential Solid Waste and
Recycling rate increase request of 2.9% for FY 2020-21
I. Consideration and possible action to adopt Ordinance No. 635 to repeal and replace
Chapter 8.20 (Solid Waste Collection and Disposal) of Title 8 (Health and Safety) of
the Rancho Palos Verdes Municipal Code (Ramezani)
Recommendation: Adopt Ordinance No. 635, AN ORDINANCE OF THE CITY
OF RANCHO PALOS VERDES, CALIFORNIA, REPEALING AND
REPLACING CHAPTER 8.20 (SOLID WASTE COLLECTION AND
DISPOSAL) OF TITLE 8 (HEALTH AND SAFETY) OF THE RANCHO PALOS
VERDES MUNICIPAL CODE RELATED TO SOLID WASTE.
J. 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) (Eder)
Second Amended City Council Agenda
May 5, 2020
Page 5 of 7
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.
K. Consideration and possible action to approve an agreement with RACE
Communications to become part of the South Bay Fiber Network (Buchwald)
Recommendation: Authorize the City Manager to sign the 36-month Master
Products and Services Agreement with Race Communications to become part of the
South Bay Fiber Network.
L. Consideration and possible action to support Senate Bill No. 1191 (SB 1191) for
significant clarifications on organic waste management compliance associated with
Senate Bill No. 1383 (Chapter 395 of the 2016 Statutes, SB 1383).
Recommendation: Authorize the Mayor to sign a letter to Senator Ben Allen in
support of SB 1191 amended on March 23, 2020, for significant clarifications on
California local jurisdictions’ "good faith efforts" in determining organic waste
management compliance with Senate Bill No. 1383 (Chapter 395 of the 2016
Statutes, SB 1383).
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 address the City Council 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 to make a presentation. Normally, the applicants and appellants will be limited to a three (3) minute rebuttal (if re quested).
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 Council should refer to the separate cover for public participation
options or visit www.rpvca.gov/participate.
1. Consideration and possible action to receive a Wildfire Mitigation presentation from
the Emergency Preparedness Committee (Villalpando) (30 mins.)
Recommendation: 1) Receive a presentation from the Emergency Preparedness
Committee on Wildlife Mitigation; and, 2) Provide Staff and the Emergency
Preparedness Committee further direction.
2. Consideration and possible action to amend Chapter 12.08 (Trees and Shrubs) of
the Rancho Palos Verdes Municipal Code to strengthen the City’s ability to protect
Second Amended City Council Agenda
May 5, 2020
Page 6 of 7
unlawful actions to City trees and to amend the City’s Administrative Citation Penalty
Fine Schedule to impose Tier 2 penalties for such violations. (Wynder) (15 mins.)
Recommendation: Waive further reading and introduce by title only Ordinance No.
___ entitled “AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES,
CALIFORNIA, AMENDING SECTIONS 12.08.040 & 12.08.050 OF CHAPTER 12.08
(“TREES & SHRUBS”) TO TITLE 12 (“STREETS, SIDEWALKS & PUBLIC
PLACES”) AND SECTIONS 1.16.010 & 1.16.110 OF CHAPTER 1.16
(“ADMINISTRATIVE FINES”) OF TITLE 1 (“GENERAL PROVISIONS”) OF THE
RANCHO PALOS VERDES MUNICIPAL CODE”; and, 2) Adopt Resolution No.
2020- __ , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES AMENDING THE ADMINISTRATIVE CITATION PENALTY FINE
SCHEDULE BY AMENDING THE SECOND TIER OF FINES FOR CERTAIN
VIOLATIONS OF CHAPTER 12.08 OF RANCHO PALOS VERDES MUNICIPAL
CODE, AND RESCINDING RESOLUTION NO. 2019-15.
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 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:
Adjourn to 6:00 P.M. on May 19, 2020, for a Closed Session meeting and 7:00 P.M. for
a Regular meeting.
Second Amended City Council Agenda
May 5, 2020
Page 7 of 7
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 contact
the City Clerk’s Office at least 48 hours prior to the meeting at any of the following: cityclerk@rpvca.gov;
310-544-5217; 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275.
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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 agendas for the Regular meetings of the City Council and
the Improvement Authority for Tuesday, May 5, 2020, were conspicuously posted
on the City Hall Bulletin Board, located at 30940 Hawthorne Boulevard, Rancho
Palos Verdes California, at the time and date indicated below.
Time: to:41 0 P.M. •
Dated: April 28, 2020
City Cler
30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 90275-5391 /(310)377-0360/Fax(310)544-5291
www rpvca gov
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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 agendas for the Regular meetings of the City Council
(Amended 4/29/20) and the Improvement Authority for Tuesday, May 5, 2020,
were conspicuously posted on the City Hall Bulletin Board, located at 30940
Hawthorne Boulevard, Rancho Palos Verdes California, at the time and date
indicated below.
Time: P.M. 111MMW
Dated: April 29, 2020
1111
City Clerk
30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 90275-5391 /(310)377-0360/Fax(310)544-5291
www rpvca gov
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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 agendas for the Special Meeting (Closed Session for
5:30P.M.) and Regular meetings of the City Council (Amended 5/1/20) and the
Improvement Authority for Tuesday, May 5, 2020, were conspicuously posted on
the City Hall Bulletin Board, located at 30940 Hawthorne Boulevard, Rancho
Palos Verdes California, at the time and date indicated below.
. ,
Time: 3 • P.M.
Dated: May 1, 2020
1111
City Clerk
30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 90275-5391 /(310)377-0360/Fax(310)544-5291
www rpvca gov