CC AGD 20201006
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 October 6, 2020, will be
conducted through a hybrid combination of in-person attendance with not less 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 Cox 35 and Frontier Fios39.
Please see separate cover for public participation options.
AGENDA
RANCHO PALOS VERDES CITY COUNCIL MEETING
FRED HESSE COMMUNITY PARK, MCTAGGART HALL
29301 HAWTHORNE BOULEVARD, RANCHO PALOS VERDES 90275
TUESDAY, OCTOBER 6, 2020
6:00 P.M. – CLOSED SESSION
7:00 P.M. – REGULAR MEETING
NEXT RESOLUTION NO. 2020-52 NEXT ORDINANCE NO. 637
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
City Council Agenda
October 6, 2020
Page 2 of 8
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 LEGAL COUNSEL – EXISTING LITIGATION
GC SECTION 54956.9 (d)(1)
A closed session will be held, pursuant to Government Code § 54956.9(d)(1), to
confer with legal counsel regarding pending litigation to which the City is a
party. The title of such litigation is as follows: City Of Rancho Palos Verdes v.
Clingerman, Gaunt, Jr., Richard Gaunt Construction Company, Grzywacx,
Gardena Maple Leaf, LLC, Los Angeles County Superior Court Case No.
20TRCV00419.
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
GC 54956.9 (d)(2) or (d)(3) & (e)(5)
A closed session will be held, pursuant to Government Code §54956.9 (d)(2) or
(d)(3) & (e)(5) because there is a significant exposure to litigation in one (1) case.
The claim of Jerry and Lucky Simmons is available from the Public Works
Department for inspection and copying and will be included in the agenda materials
for the City Council meeting.
RECESS TO CLOSED SESSION (FIRESIDE ROOM):
RECONVENE 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
City Council Agenda
October 6, 2020
Page 3 of 8
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 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 the September 1, 2020, Regular
Meeting.
C. Registers of Demands (Amundson)
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.
D. Consideration and possible action to reschedule the November 3, 2020 City Council
meeting. (Takaoka)
City Council Agenda
October 6, 2020
Page 4 of 8
Recommendation: Approve rescheduling the November 3, 2020, meeting to
November 4, 2020, due to the presidential election.
E. Consideration and possible action to receive and file a report on the City’s support of
a letter from the Palos Verdes Peninsula Unified School District advocating the county
reopen schools. (Barnes)
Recommendation: Receive and file a report on the City’s support of a letter from the
Palos Verdes Peninsula Unified School District and the Southern California Chapter of
the American Academy of Pediatrics to county officials advocating for the reopening
of schools.
F. Consideration and possible action to receive and file the August 2020 Cash
Balances/Monthly Treasurer’s Report. (Lin)
Recommendation: Receive and file the August 2020 Cash Balances/Monthly
Treasurer’s Report.
G. Consideration and possible action to take a position of support regarding California
Proposition 20, which will appear on the statewide ballot on November 3, 2020. (Lee)
Recommendation: 1) Consider supporting Proposition 20 as requested by the
Association for Los Angeles Deputy Sheriffs; and, 2) If acceptable, adopt Resolution
No. 2020-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, CALIFORNIA, IN SUPPORT OF PROPOSITION 20, THE
“CRIMINAL SENTENCING, PAROLE, AND DNA COLLECTION INITIATIVE”, thereby
supporting Proposition 20.
H. Consideration and possible action to adopt a Joint Tax Transfer Resolution accepting
the negotiated exchange of property tax revenue resulting from the annexation of
properties located at 1908, 1910, and 1912 Rue Le Charlene from the City of Los
Angeles to the City of Rancho Palos Verdes. (Bashmakian)
Recommendation: Adopt Resolution No. 2020-__, A JOINT RESOLUTION OF THE
BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE COUNTY OF
LOS ANGELES AND THE CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS
ANGELES COUNTY, AND THE CITY COUNCIL OF RANCHO PALOS VERDES,
THE CITY COUNCIL OF LOS ANGELES, THE BOARD OF DIRECTORS OF THE
PALOS VERDES LIBRARY DISTRICT, THE LOS ANGELES COUNTY WEST
VECTOR CONTROL DISTRICT, AND THE GREATER LOS ANGELES COUNTY
VECTOR CONTROL DISTRICT, APPROVING AND ACCEPTING THE
NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE RESULTING FROM
THE ANNEXATION OF TERRITORY KNOWN AS REORGANIZATION 2019-01 TO
THE CITY OF RANCHO PALOS VERDES.
I. Consideration and possible action to award a construction contract agreement to
Metrocell Construction, Inc. for the Rattlesnake Trail gate and fence. (Eder)
Recommendation: 1) Award a construction contract agreement to Metrocell
Construction, Inc., in the not-to-exceed amount of $109,995, for the construction of a
gate and fence at the Rattlesnake Trailhead; 2) Authorize the City Manager or
Director of Finance to execute change orders up to an additional 10% of the value of
City Council Agenda
October 6, 2020
Page 5 of 8
the Metrocell Construction, Inc. contract (not to exceed $11,000) as contingency
funds for potential unforeseen conditions; 3) Authorize the City Manager or Director of
Finance to transfer savings of $21,000 from the Burma Trailhead gate project to the
Rattlesnake Trailhead project; and, 4) Authorize the Mayor and City Clerk to execute
the contract, subject to approval as to form by the City Attorney.
J. Consideration and possible action to amend the existing professional services
agreement with Michael Baker International, Inc. (Ramezani)
Recommendation: Authorize Amendment No. 3 to the professional service
agreement with Michael Baker International, Inc., in the amount of $6,500, thereby
changing the not-to-exceed total amount from $130,671.60 to $137,171.60; and
adding administrative services for the City’s CDBG-CV (coronavirus CARES Act)
programs.
K. Consideration and possible action to respond to a Civil Grand Jury report regarding “A
Diet for Landfills: Cutting Down on Food Waste”. (Ramezani)
Recommendation: Authorize the Mayor to sign a response letter to a Civil Grand
Jury Report regarding “A Diet for Landfills: Cutting Down on Food Waste” per
California Penal Code Section 933.05(f).
L. Consideration and possible action to amend the professional services agreement with
Interwest Consulting Group to provide additional Public Works consulting services.
(O’Neill)
Recommendation: Approve Amendment No. 1 to the professional services
agreement with Interwest Consulting Group to provide on-call Public Works services
until June 30, 2021 at an additional sum of $41,000 increasing the total contract sum
from $222,000 to $263,000.
M. Consideration and possible action to award a Public Works construction contract
agreement for the Hawthorne Boulevard and Via Rivera Traffic Signal Installation
Project. (Razepoor)
Recommendation: 1) Award a construction contract agreement to Global Road
Sealing, Inc., in the not-to-exceed amount of $281,515, for the installation of a traffic
signal at the intersection of Hawthorne Boulevard and Via Rivera; 2) Authorize the
City Manager or Director of Finance to execute change orders up to an additional
10% of the value of the Global Road Sealing, Inc. contract (not-to-exceed $28,151) as
contingency funds for potential unforeseen conditions; 3) Award a professional
services agreement to Southern California Electrical Firm, in the not-to-exceed
amount of $19,200, for construction inspection services; 4) Authorize additional
appropriations in the amount of $49,038 for this project; 5) Authorize the Mayor and
City Clerk to execute the contracts, in forms approved by the City Attorney; and,
6) Direct Staff not to proceed with the temporary vehicle gap measures recommended
by the Traffic Safety Commission.
CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT:
City Council Agenda
October 6, 2020
Page 6 of 8
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 to make a presentation. Normally, the applicants and appellants will be limited to a three (3) minute rebuttal (if requested).
1. Consideration and possible action to amend Sections 17.76.020(C) (Noncommercial
Amateur Radio Antennas) and (D) (Noncommercial Amateur Radio Antenna Permit)
of Chapter 17.76 (Miscellaneous Permits and Standards) of Title 17 (Zoning) of the
Rancho Palos Verdes Municipal Code (RPVMC) to update the regulations and review
procedures for noncommercial amateur radio antennas (Case No. PLCA2020-0003).
(Yoon) (45 mins)
Recommendation: Adopt Ordinance No. _____U, AN ORDINANCE OF THE CITY
OF RANCHO PALOS VERDES AMENDING SECTIONS 17.76.020(C)
(NONCOMMERCIAL AMATEUR RADIO ANTENNAS) AND (D) (NONCOMMERCIAL
AMATEUR RADIO ANTENNA PERMIT) OF CHAPTER 17.76 (MISCELLANEOUS
PERMITS AND STANDARDS) OF TITLE 17 (ZONING) OF THE RANCHO PALOS
VERDES MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF; and, 2)
Introduce Ordinance No. __, AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES AMENDING SECTIONS 17.76.020(C) (NONCOMMERCIAL AMATEUR
RADIO ANTENNAS) AND (D) (NONCOMMERCIAL AMATEUR RADIO ANTENNA
PERMIT) OF CHAPTER 17.76 (MISCELLANEOUS PERMITS AND STANDARDS)
OF TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO
UPDATE THE REGULATIONS AND REVIEW PROCEDURE FOR
NONCOMMERCIAL AMATEUR RADIO ANTENNAS.
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 receive a presentation from Cox
Communications regarding its services. (Villalpando) (30 mins)
Recommendation: Receive and file a presentation by Cox Communications
regarding its internet speed and reliability services.
3. Consideration and possible action to take a position on Proposition 15 on the
November 3, 2020 statewide ballot. (Villalpando) (30 mins)
Recommendation: 1) Consider the League of Women Voters of Palos Verdes
Peninsula’s request to endorse Proposition 15 on the November 3, 2020 statewide
ballot; 2) Determine whether or not to take a position on Proposition 15 and what that
position should be; and, 3) If taking a position, direct Staff to bring a resolution
City Council Agenda
October 6, 2020
Page 7 of 8
memorializing the City Council’s position for consideration at the October 20, 2020
meeting.
4. Consideration and possible action to establish a sewer connection fee and to amend
Section 13.06.030 (Sewer Service Charges – Abalone Cove Landslide Abatement
District) of Title 13 (Public Services) of the Rancho Palos Verdes Municipal Code
(RPVMC) relating to sewer service charges for the Abalone Cove Sewer System.
(O’Neill) (15 mins)
Recommendation: Adopt Resolution No. 2020-__, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION
NO. 2010-77, THE MASTER SCHEDULE OF FEES AND CHARGES FOR CITY
SERVICES, TO ADOPT CONNECTION FEES FOR NEW CONNECTIONS TO THE
ABALONE COVE SEWER; and, 2) Introduce Ordinance No. __, AN ORDINANCE OF
THE OF THE CITY OF RANCHO PALOS VERDES AMENDING SECTION 13.06.030
OF CHAPTER 13.06 (SEWER SERVICE CHARGES – ABALONE COVE LANDSLIDE
ABATEMENT DISTRICT) OF TITLE 13 (PUBLIC SERVICES) OF THE RANCHO
PALOS VERDES MUNICIPAL CODE RELATING TO ANNUAL SEWER SERVICE
CHARGES
5. Consideration and possible action to receive a report on the status of the preparation
of the Regional Housing Needs Assessment 6th Cycle Allocation Plan. (Silva)
(30 mins)
Recommendation: Receive and file a report on the preparation of the Regional
Housing Needs Assessment 6th Cycle Allocation Plan.
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 October 20, 2020, for a Closed Session meeting and 7:00 P.M.
for a Regular meeting.
City Council Agenda
October 6, 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 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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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 meeting of the City Council and
the Improvement Authority for Tuesday, October 6, 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: (19'?V)1lk
Dated: September 30, 2020 _
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30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 90275-5391 /(310)377-0360/Fax(310)544-5291
www rpvca gov