Loading...
CC AGD 20200519 (AMENDED) HYBRID (IN-PERSON/VIRTUAL) CITY COUNCIL MEETING THE CITY COUNCIL CHAMBERS WILL BE OPEN TO THE PUBLIC WITH LIMITED SEATING – PLEASE SEE UPDATED PUBLIC PARTICIPATION OPTIONS Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsom on March 17, 2020, the regular meeting of the City Council for May 19, 2020, will be conducted through a hybrid combination of in-person attendance by no more than three members of the City Council, invited staff, and limited members of the public at Hesse Park, McTaggart Hall, 29301 Hawthorne Boulevard and via teleconference using the Zoom platform and broadcast live on the City's website at http://www.rpvca.gov/agendas and on RPVTV Channels 33 and Fios38. Members of the public are invited to attend at Hesse Park, McTaggart Hall, 29301 Hawthorne Boulevard in order to observe the City Council meeting and provide public comment during the meeting provided that members of the public observe social distancing while seated and that each member of the public wear a face covering of the nose and mouth at all times during the course of the meeting unless and until invited to speak. However, the Council may limit the number of individuals in the meeting room at any one time pursuant to guidance from public health officials. Members of the public are encouraged to continue to participate in City Council meetings using the Zoom virtual platform. Please see separate cover for public participation options *AMENDED AGENDA RANCHO PALOS VERDES CITY COUNCIL MEETING FRED HESSE COMMUNITY PARK, MCTAGGART HALL 29301 HAWTHORNE BOULEVARD, RANCHO PALOS VERDES 90275 TUESDAY, MAY 19, 2020 6:00 P.M. – CLOSED SESSION AND STUDY SESSION 7:00 P.M. – REGULAR MEETING *THIS AGENDA HAS BEEN AMENDED TO ADD CLOSED SESSION ITEM NO. 3 AND CONSENT CALENDAR ITEM K NEXT RESOLUTION NO. 2020-23 NEXT ORDINANCE NO. 637 City Council Amended Agenda May 19, 2020 Page 2 of 8 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 address the City Council should refer to the separate cover for public participation options or visit www.rpvca.gov/participate 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).) 1. CONFERENCE WITH LABOR NEGOTIATOR A closed session will be held, pursuant to Government Code § 54957.6, with the City Manager and the City Attorney regarding labor negotiations with the City’s unrepresented employees (excluding the position of City Manager), executive employees, management employees, confidential employees and part-time employees. 2. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION GC 54956.9 (d)(4) Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation. *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). City Council Amended Agenda May 19, 2020 Page 3 of 8 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. 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 address the City Council should refer to the separate cover for public participation options or visit www.rpvca.gov/participate. DISCUSSION TOPICS FOR STUDY SESSION: SS1. Review of tentative agendas Recommendation: Receive and file the tentative agendas. 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: City Council Amended Agenda May 19, 2020 Page 4 of 8 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 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 December 3, 2019, Regular meeting and March 17, 2020, Regular Meeting. C. Registers of Demands (Nguyen) Recommendation: 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 04/24/20); and, 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 05/01/20). D. Consideration and possible action to accept the successor Memorandum of Understanding (MOU) between the City and the Rancho Palos Verdes Employees Association (RPVEA) (DeZiel) Recommendation: Adopt Resolution No. 2020-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCEPTING, APPROVING AND ADOPTING THE TENTATIVE AGREEMENT DATED MAY 19, 2020, AND THE SUCCESSOR MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO PALOS VERDES AND THE RANCHO PALOS VERDES EMPLOYEES ASSOCIATION FOR THE PERIOD OF JULY 1, 2020 THROUGH JUNE 30, 2021. E. Consideration and possible action to award a professional services agreement to Chambers Group, Inc. for the preparation of environmental documents in City Council Amended Agenda May 19, 2020 Page 5 of 8 accordance with the California Environmental Quality Act for the Portuguese Bend Landslide Mitigation Project (Dragoo) Recommendation: 1) Award a professional services agreement, in an amount not to exceed $292,289.30, to Chambers Group, Inc. for the preparation of environmental documents in accordance with the California Environmental Quality Act for the Portuguese Bend Landslide Mitigation Project; and, 2) Approve an additional appropriation in the amount of $292,289.30 from Measure R funds to cover costs associated with the preparation of the environmental documents. F. Consideration and possible action to award a construction agreement to Golden Gate Construction, Inc. and a professional services agreement to Sunbeam Consulting, Inc., respectively, for construction and inspection services for the Coastal Bluff Replacement Fence Project at Vicente Bluffs Reserve (O’Neill) Recommendation 1) Award a construction agreement to Golden Gate Construction, Inc., in the not-to-exceed amount of $269,890, for the construction of replacement bluff top fencing at the Vicente Bluffs Reserve; 2) Award a professional services agreement to Sunbeam Consulting, Inc., in the not –to-exceed amount of $21,600, for inspection services; 3) Authorize the Mayor and City Clerk to execute the agreements in forms approved by the City Attorney; and, 4) Authorize the City Manager or Director of Finance to approve amendments up to an additional 10% ($26,989) as a construction contingency for unforeseen conditions . G. Consideration and possible action to adopt Ordinance No. 636 amending Chapter 12.08 (Trees and Shrubs) of the Rancho Palos Verdes Municipal Code to strengthen the City’s ability to protect unlawful actions to City trees (Wynder) Recommendation: Waive further reading and adopt by title only Ordinance No. 636 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. H. Consideration and possible action to accept Gifts for Parks donations (Hirsch) Recommendation: Accept Gifts for Parks donations and direct Staff to prepare donor letters of appreciation for the Mayor’s signature. I. Consideration and possible action to receive a status report on the City’s acacia eradication efforts (O’Neill) Recommendation: Receive and file a status report on the City’s efforts to eradicate acacia; and, 2) Authorize the Mayor to execute a Contract Services Agreement, in a form approved by the City Attorney, with Travers Tree Service, Inc. in the amount not to exceed $42,875, for acacia and other non-native tree trimming and removal in designated areas. City Council Amended Agenda May 19, 2020 Page 6 of 8 J. Consideration and possible action to approve Amendment No. 1 to the Professional Service Agreement with Interwest Consulting Group, Inc. to extend services for the Interim Director of Community Development through June 30, 2020. (Garrett) Recommendation: Authorize the Mayor and City Clerk to approve Amendment No. 1 to the existing Professional Service Agreement with Interwest Consulting Group, Inc., in a form approved by the City Attorney, thereby extending the services for Interim Director of Community Development through June 30, 2020 and increasing the total sum of the Agreement from $66,000 to $84,500. *K. Consideration and possible action to authorize the Mayor to sign a letter to Governor Newsom requesting funding to address COVID-19 impacts to cities. (Barnes) Recommendation: Authorize the Mayor to sign a letter to Governor Newsom requesting funding to address COVID-19 impacts to cities. 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 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 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 should refer to the separate cover for public participation options or visit www.rpvca.gov/participate. 1. Consideration and possible action to approve the Palos Verdes Drive East Street Widening and Safety Improvement Project generally between Bronco Drive and Sunnyside Ridge Road (Razepoor) (45 mins) Recommendation: 1) the Traffic Safety Committee’s recommendations, and if acceptable, approve the proposed Palos Verdes Drive East Street Widening and Safety Improvement Project generally between Bronco Drive and Upper Headland Drive; 2) Direct Staff to include this project in the 5-year CIP with engineering occurring in FY 2020-21 and construction occurring in FY 2021-22; and, 3) Direct Staff to install two permanent radar units along PVDE on both directions of the Bronco Drive curve identifying both posted and actual operating speeds of vehicular traffic. City Council Amended Agenda May 19, 2020 Page 7 of 8 2. Consideration and possible action to implement a fuel modification revegetation pilot program (O’Neill) (15 mins) Recommendation: 1) Review a proposed pilot program to revegetate three fuel modification areas within the Palos Verdes Nature Preserve; and, 2) If acceptable, execute a Memorandum of Understanding (MOU) with the Palos Verdes Peninsula Land Conservancy (PVPLC) to conduct the revegetation work associated with the pilot program. 3. Consideration and possible action to review the Fiscal Year 2019-20 budget adjustments based on the third quarter year-end estimates and the Preliminary FY 2020-21 Budget and estimated fund balances for all funds. (Nguyen) (90 mins.) Recommendation: (1) Review and accept FY 2019-20 budget adjustments based on the third quarter year-end estimates; 2) Review and accept the Preliminary FY 2020-21 Budget consisting of the General Fund, Capital Improvement Program, and Special Revenues but excluding the Improvement Authorities; and, 3) Accept the Utility Users Tax (UUT) rate of 3% to be continued as a necessary revenue source for the City’s operations for FY2020-21. 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 June 2, 2020, for a Closed Session meeting and 7:00 P.M. for a Regular meeting. City Council Amended Agenda May 19, 2020 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 co ntinued 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. a J itin /0110„ .gAu,sr%frog, f4y$ \frr CITY OF tRANCHO 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 agenda for the Regular meeting of the City Council for Tuesday, May 19, 2020, 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. Time: Dated: May 13, 2020 City Cler 30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 90275-5391 /(310)377-0360/Fax(310)544-5291 www rpvca gov 10.100.{. 4410100 .�i CITY OF 1.- ANCHO 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 agenda for the Regular meeting of the City Council (Amended 5/14/20) for Tuesday, May 19, 2020, 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. Time. 5,v5 p.m. Dated: May 14, 2020 1111 City Clerk 30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 90275-5391 /(310)377-0360/Fax(310)544-5291 www rpvca gov