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CC AGD 20201215 AMENDED HYBRID CITY COUNCIL MEETING 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, the regular meeting of the City Council for December 1 5, 2020, 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 FiOS 39. Public participation will be limited to the virtual platform only. 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 DECEMBER 15, 2020 *THIS AGENDA HAS BEEN AMENDED TO ADD CLOSED SESSION ITEM #4. 6:00 P.M. -CLOSED SESSION AND STUDY SESSION 7:00 P.M. – REGULAR MEETING NEXT RESOLUTION NO. 2020-69 NEXT ORDINANCE NO. 640 6:00 P.M. CLOSED SESSION CALL TO ORDER: Mayor Alegria ROLL CALL: Councilmember Cruikshank Councilmember Dyda Councilmember Ferraro Mayor Pro Tem Bradley City Council Amended Agenda December 15, 2020 Page 2 of 9 Mayor Alegria 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 – 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)(1), to confer with legal counsel regarding pending litigation to which the City is a party. The title of such litigation is as follows: York Point View Properties, LLC v. City of Rancho Palos Verdes, Los Angeles County Superior Court Case No. BS174116 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION A closed session will be held, pursuant to Government Code § 54957 to conduct an employee performance evaluation for the position of City Manager. 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION A closed session will be held, pursuant to Government Code § 54957 to conduct an employee performance evaluation for the position of City Attorney. *4. CONFERENCE WITH LABOR NEGOTIATORS A closed session will be held, pursuant to Government Code § 54957.6, with the Mayor & Mayor Pro Tem, its negotiators, regarding labor negotiations with one unrepresented employee: City Manager 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 upcoming agenda items and City Council Amended Agenda December 15, 2020 Page 3 of 9 tentative agendas, including prioritization of agenda items that are listed on the agenda for that specific study session. No action shal l 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 Alegria ROLL CALL: Councilmember Cruikshank Councilmember Dyda Councilmember Ferraro Mayor Pro Tem Bradley Mayor Alegria 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 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: City Council Amended Agenda December 15, 2020 Page 4 of 9 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 after 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 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. 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. C. 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 2020. D. Consideration and possible action regarding a claim against the City by Stevie Bietscher. (Takaoka) Recommendation: Reject the claim and direct Staff to notify the claimant, Stevie Bietscher. E. Consideration and possible action regarding a claim against the City by Jason Gray. (Takaoka) Recommendation: Reject the claim and direct Staff to notify the claimant, Jason Gray. F. Consideration and possible action to amend the Rancho Palos Verdes Employees Association Memorandum of Understanding to increase the annual Heath Savings Account contribution. (Bañales) Recommendation: Adopt Resolution No. 2020 -__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, APPROVING AND ADOPTING THE FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE RANCHO PALOS VERDES EMPLOYEES ASSOCIATION THEREBY INCREASING THE ANNUAL HEALTH SAVINGS ACCOUNT CONTRIBUTION TO $3,600 FOR EMPLOYEE ONLY AND $7,200 FOR EMPLOYEE PLUS ONE DEPENDENT OR FAMILY FOR THE PERIOD THROUGH JUNE 30, 2021. G. Consideration and possible action to apply for Local Early Action Planning (LEAP) grant funds to facilitate and streamline the development process for housing production in certain commercial zoning districts through the establishment of a mixed-use overlay control district. (Yoon) City Council Amended Agenda December 15, 2020 Page 5 of 9 Recommendation: 1) Adopt Resolution No. 2020-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE CITY MANAGER TO FILE APPLICATION FOR, AND RECEIPT OF, LOCAL EARLY ACTION PLANNING (LEAP) GRANT PROGRAM FUNDS; and, 2) Authorize Blais & Associates to prepare the grant application, on behalf of the City, for the development, including environmental assessment, of a potential mixed -use overlay control district to facilitate and streamline the development process for housing production in certain commercial zoning districts, at a cost not to exceed $6,930. H. Consideration and possible action on the FY 2019 -20 Year-end Unaudited Financial Report, Purchase Order Carryover Schedule, and Continuing Appropriations. (Browning/Ramos) Recommendation: 1) Receive and file the FY 2019-20 Year-end Unaudited Financial Report; 2) Receive and approve the Purchase Order Carryover Schedule of $5,411,520 from FY 2019-20 to FY 2020-21; 3) Receive and approve Continuing Appropriations of $706,450 which includes a one -time transfer of $206,500 from general fund to capital improvement program fund; 4) Approve decreasing FY 2019- 20 Year-end Adopted Budget in the amount of $736,574 (General Fund), $1,899,650 (Gas Tax), $17,502 (1911 Act Street Lighting), $694,529 (Proposition A), $5,694 (Proposition C), $583,802 (Measure R), $26,752 (Habitat Restoration), $5,715 (Abalone Cove Sewer), $13,422 (Donor Restricted) $101,899 (CDBG), $1,379,700 (Infrastructure Improvement Program), $212,945 State Grant Fund, $300,790 (Quimby Fund) and $138,997 (Equipment Replacement Fund) for Purchase Order Carryover and Continuing Appropriations; and, 5) Approve increasing FY 2020 -21 Adopted Budget in the amount of $736,574 (General Fund), $1,899,650 (Gas Tax), $17,502 (1911 Act Street Lighting ), $694,529 (Proposition A), $5,694 (Proposition C), $583,802 (Measure R), $26,752 (Habitat Restoration), $5,715 (Abalone Cove Sewer), $13,422 (Donor Restricted) $101,899 (CDBG), $1,379,700 (Infrastructure Improvement Program), $212,945 State Grant Fund, $300,790 (Quimby Fund) and $138,997 (Equipment Replacement Fund) for Purchase Order Carryover and Continuing Appropriations from FY2019-20. I. Consideration and possible action to approve an agreement with Dell Technologies for a three-year Microsoft Enterprise Agreement (EA). (Buchwald) Recommendation: Authorize the City Manager to enter into an agreement with Dell Technologies for a three-year Microsoft Enterprise Agreement (EA) through Riverside County, pursuant to Section 2.44.060 of the Rancho Palos Verdes Municipal Code , in the amount of $188,625 ($62,875 per year). J. Consideration and possible action to adopt a resolution opposing the Los Angeles County Health Officer Order prohibiting outdoor dining operations . (Bañales) Recommendation: Adopt Resolution No. 2020 -__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, OPPOSING THE LOS ANGELES COUNTY PUBLIC HEALTH OFFICER ORDER PROHIBITING OUTDOOR DINING OPERATIONS WITHIN THE COUNTY OF LOS ANGELES AND THE CITY OF RANCHO PALOS VERDES. City Council Amended Agenda December 15, 2020 Page 6 of 9 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 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 amend Chapters 17.02 (Single-Family Residential (RS) Districts), 17.04 (Multiple-Family Residential (RM) Districts), and 17.96 (Definitions), and repealing and replacing Chapter 17.10 (Accessory Dwelling Unit Development Standards) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code to update the development standards for accessory dwelling units and to create development standards for junior accessory dwelling units (Case No. PLCA2020-0001). (Silva) (15 mins) Recommendation: 1) Receive and file a status report on recent conversations with State of California Department of Housing and Community Development (HCD) on the proposed draft code amendments to Chapters 17.02 (Single-Family Residential (RS) Districts), 17.04 (Multiple-Family Residential (RM) Districts), Chapter 17.10 (Accessory Dwelling Unit Development Standards) and 17.96 (Definitions) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code; 2) Provide Staff with direction on options on how to proceed with the proposed code amendments based on input from HCD; and, 3) Continue the public hearing to the January 19, 2021 City Council meeting to incorporate any text changes to the draft ordinance directed by the City Council for consideration. 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 regarding the City Council-adopted directives to address parking and access issues for the Palos Verdes Nature Preserve . (Waters/Lozano/Trautner) (90 mins) Recommendation: 1) Review the holistic Preserve parking analysis and consider taking action as follows: a. Provide direction on whether Staff should pursue studying additional parking alternatives at: i. Ladera Linda Community Center and Forrestal Drive ii. Del Cerro Park City Council Amended Agenda December 15, 2020 Page 7 of 9 iii. Within the Preserve iv. Gateway Park v. City-owned 6359 Tarragon Rd. (McCarrel Canyon) b. Approve a 90-day pilot shuttle program to augment public access to key Preserve areas c. Receive and file an update on a traffic and parking analysis for the Preserve d. Provide direction on Upper Pt. Vicente/Civic Center beautification near Alta Vicente Reserve e. Receive and file update on analysis of Preserve capacity levels. 2) Receive and file report on Web and Social Media Campaign, including Search Engine Optimization (SEO) 3) Receive and file a status update on the installation of the entry gates at the Burma Road and Rattlesnake Trailheads 4) Approve hours of operation for the Burma Road and Rattlesnake Trailhead gates and street parking along Crenshaw Blvd. 5) Receive a status update on the selection of a parking app service provider to establish a parking app system for the Del Cerro area and on a preliminary parking fee and fine analysis for consideration at the January 19, 2021, City Council meeting. 6) Receive and file a status update on recruitment and hiring of parking enforcement personnel; 7) Adopt Resolution No. 2020-__ extending the temporary parking prohibition along Crenshaw Boulevard south of Crest Road for an additional 90 days. 3. Consideration and possible action to receive a status update on determining the City’s greenhouse gas emissions from electricity use. (Barnes) (20 mins) Recommendation: Receive and file a status update on determining the City’s greenhouse gas emissions from electricity use. 4. Consideration and possible action to appoint members of City Council to intergovernmental organizations, associations, and City subcommittees for calendar year 2021. (Takaoka) (10 mins) Recommendation: 1) Appoint members of the City Council to intergovernmental organizations, associations, and City Subcommittees for calendar year 2021; 2) Establish by either renaming or creating a new subcommittee for Western Avenue, Public Facilities, Coast Guard Properties, and Environmental Sustainability; and , 3) Direct Staff to notify the various agencies of the City Council’s decision. 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: City Council Amended Agenda December 15, 2020 Page 8 of 9 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 11:30 A.M. December 19, 2020, for a Closed Session meeting and 12:30 P.M. for an Adjourned Regular meeting. City Council Amended Agenda December 15, 2020 Page 9 of 9 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. -211! _________, 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 Tuesday, December 15, 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. OM) 11 ,,:i_: Time: ' 30 ;L Dated: December 9, 2020llW _._ 1� IL City Ce 30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 90275-5391 /(310)377-0360/Fax(310)544-5291 www rpvca gov 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 agenda for the Regular meeting of the City Council for Tuesday, December 15, 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. 11 Time. etic ptti04111•I' Dated: December 8, 2020 City C e 30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 90275-5391/(310)377-0360/Fax(310)544-5291 www rpvca gov