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CC AGD 20210518 AMENDED *HYBRID CITY COUNCIL MEETING CITY COUNCIL CHAMBERS WILL BE OPEN TO THE PUBLIC WITH VERY LIMITED PUBLIC SEATING Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsom on March 17, 2020, the AMENDED regular meeting of the City Council for May 18, 2021, 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 is highly encouraged using the virtual platform as there will be very limited seating (with a combined total of 2 5 people between two rooms) at Hesse Park. 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 MAY 18, 2021 6:00 P.M. – CLOSED SESSION AND STUDY SESSION 7:00 P.M. – REGULAR MEETING *Amended Agenda to include Closed Session item No. 2 and a Los Angeles Sheriff’s Department Presentation immediately following the City Manager’s Report* NEXT RESOLUTION NO. 2021-17 NEXT ORDINANCE NO. 649 6:00 P.M. CLOSED SESSION CALL TO ORDER: Mayor Alegria ROLL CALL: Councilmember Cruikshank Councilmember Dyda Councilmember Ferraro City Council Amended Agenda May 18, 2021 Page 2 of 8 Mayor Pro Tem Bradley 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).) Additionally, per Subsection (b) (Confidentiality) of Section 3.6 (Closed Session Meetings) of Chapter 3 (Types of Meetings) of the City Council Rules of Procedure is amended to read as follows: Confidentiality. No person attending a closed session shall publicly discuss or otherwise reveal the discussion, content, and/or proceedings of the closed session unless such disc losure has been approved by the vote of the Council taken during the closed session or as otherwise required by law. Violation of this rule may subject the violator to various penalties including (i) censure by the Council as provided in Article 9.0 herein, (ii) criminal penalties as the willful failure to perform a duty under Government Code Section 1222, or other statute, (iii) referral to the grand jury, or (iv) civil actions, including issuance of an injunction. 1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION A closed session will be held, pursuant to Government Code § 54956.9 (d)(2) or (d)(3) & (e)(1) because there is a significant exposure to litigation in one (1) case where the facts and circumstances giving rise to such exposure to litigation are believed to be unknown to the putative plaintiff(s). 2. *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 (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 lis ted on the agenda for that specific Study Session. The City Council will also provide direction to Staff regarding upcoming agenda items and tentative agendas, including prioritization of agenda items that are listed on the agenda for that specific study se ssion. No action shall be taken during any Study Session unless the agenda so provides. PUBLIC COMMENTS FOR STUDY SESSION: City Council Amended Agenda May 18, 2021 Page 3 of 8 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. RECONVENE 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 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: *followed by a Presentation by the Los Angeles Sheriff’s Department 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 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 City Council Amended Agenda May 18, 2021 Page 4 of 8 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 gi ven by all Council Members after the reading of the title. B. Approval of Minutes (Takaoka) Recommendation: Approve the Minutes of April 20, 2021, Regular Meeting and May 4, 2021, Concurrent Regular/Improvement Authority Meeting. C. Registers of Demands (Mata) Recommendation: Adopt Resolution No. 2021-__, 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 extend the temporary parking restriction on Crenshaw Boulevard south of Crest Road. (Lozano) Recommendation: Adopt Resolution No. 2021-___, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES EXTENDING THE TEMPORARY PARKING RESTRICTION ON SIX PARKING SPACES ALONG CRENSHAW BOULEVARD, SOUTH OF CREST ROAD, UNTIL SEPTEMBER 15, 2021. E. Consideration and possible action to formally 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. F. Consideration and possible action to adopt Ordinance No. 648 to amend Chapter 5.28 by adding new Sections 5.28.010 through 5.28.080 to incorpora te into the Municipal Code the requirements of Senate Bill 946. (Bañales) Recommendation: Adopt Ordinance No. 648, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REPEALING AND REPLACING SUBSECTION (A) OF CHAPTER 5.10.020 AND CHAPTER 5.28 (PEDDLERS) OF TITLE 5 (BUSINESS TAXES, LICENSES AND REGULATIONS) OF THE RANCHO PALOS VERDES MUNICIPAL CODE RELATING TO VENDORS. G. Consideration and possible action to adoption Ordinance No. 646 to amend Chapter 17.70 (Site Plan Review) of Title 17 (Zoning) of the Rancho Palos Verde Municipal Code to add subsection 17.70.025 (Natural Communities Conservation Plan/Habitat Conservation Plan) establishing Coastal Sage Scrub provisions (CASE NO. PLCA2021-0002). (Silva) Recommendation: Adopt Ordinance No. 646, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADDING SUBSECTION 17.70.025 (NATURAL City Council Amended Agenda May 18, 2021 Page 5 of 8 COMMUNITIES CONSERVATION PLAN/HABITAT CONSERVATION PLAN) TO CHAPTER 17.70 (SITE PLAN REVIEW) OF TITLE 17 (ZONING) OF THE RANCHO PALOS VERDE MUNICIPAL CODE TO ESTABLISH PROVISIONS FOR THE PROTECTION OF COASTAL SAGE SCRUB. H. Consideration and possible action to authorize the Mayor to sign a letter of support for AB 339 (teleconferencing). (Bright) Recommendation: Authorize the Mayor to sign a City letter of support for AB 339 which would allow to continue utilizing teleconferencing for public meetings . I. Consideration and possible action to receive and file the 2020 City employee compensation report. (Ramos) Recommendation: Receive and file the Independent Accountants’ Report on Agreed-Upon Procedures performed with respect to City Employee Compensation and Benefit Analysis Report for the calendar year ending on December 31, 2020. J. Consideration and possible action to file a Notice of Completion for the Annual Sidewalk Repair and Replacement Program for Fiscal Year 2020-21. (Lopez) Recommendation: 1) Accept the Annual Sidewalk Repair and Replacement Program for FY 2020-21 project as complete; 2) Authorize the City Clerk to file a Notice of Completion for the project with the Los Angeles County Registrar-Recorder’s Office, and if no claims are filed within 35 days after recordation, send a notice to the surety company to exonerate the Performance Bond; and, 3) Author ize the Director of Public Works to release the 5% construction retention payment to Ruiz Concrete & Paving, Inc. 35 days after recordation of the Notice of Completion by the Los Angeles County Registrar-Recorder’s Office, contingent upon no claims being f ile on the project. K. Consideration and possible action to authorize the City Clerk to file a Notice of Completion for the Burma Trailhead Fence and Gate Project. (Lopez) Recommendation: 1) Accept the Burma Trailhead Fence and Gate Project as complete; 2) Authorize the City Clerk to file a Notice of Completion for the project with the Los Angeles County Registrar-Recorder’s Office; and if no claims are filed within 35 days after recordation, send a notice to the surety company to exonerate the Performance Bond; and, 3) Authorize the Director of Public Works to release the 5% construction retention payment to Metrocell Construction, Inc., 35 days after recordation of the Notice of Completion by the Los Angeles County Registrar- Recorder’s Office, contingent upon no claims being filed on the project. L. Consideration and possible action to restrict parking along a portion of Diversey Drive to establish a student drop-off and pick-up zone at Silver Spur Elementary School. (Lopez) Recommendation: Adopt Resolution No. 2021-___, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING PARKING RESTRICTION BETWEEN THE HOURS OF 7:30 A.M. AND 3:30 P.M., ON SCHOOL DAYS ONLY, ON A PORTION OF THE SOUTH SIDE OF DIVERSEY DRIVE TO City Council Amended Agenda May 18, 2021 Page 6 of 8 CREATE A STUDENT LOADING ZONE AT SILVER SPUR ELEMENTARY SCHOOL. M. Consideration and possible action to award a Professional Services Agreement to NV5, Inc., for engineering services associated with the Abalone Cove Sanitary Sewer System Maintenance Charge. (Eder) Recommendation: 1) Award a professional services agreement, in form approved by the City Attorney, to NV5, Inc. (“NV5”) for engineering services to review, analyze, and update the Engineer’s Report regarding the Abalone Cove Sanitary Sewer Fee, for an amount not-to-exceed $5,885; and, 2) Authorize the Mayor and City Clerk to execute the Professional Services Agreement. N. Consideration and possible action to award a contract to R.E. Shultz Construction, Inc. for construction of the Playground Equipment Surface Replacement Project. (Eder) Recommendation: 1) Approve the Plans and Specifications for the Playground Equipment Surface Replacement Project; 2) Authorize the Mayor and City Clerk to execute the Construction Agreement, in form approved by the City Attorney, to R.E. Shultz Construction, Inc., in the not-to-exceed amount of $121,986 for the Playground Equipment Surface Replacement Project; and, 3) Authorize the City Manager or Director of Finance to execute change orders up to an additional 10% of the construction costs (not to exceed $12,199) as contingency funds for potential unforeseen conditions. 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). 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 identify a financing option for the Ladera Linda Community Center and Park Project. (Nguyen) (90 mins) City Council Amended Agenda May 18, 2021 Page 7 of 8 Recommendation: 1) Based on a traditional procurement approach, review the financing option recommended by the Finance Advisory Committee for the Ladera Linda Community Center and Park Project using the following combined funding sources: a. 50% of the American Rescue Plan Act; b. Available funds in the Quimby Fund; c. A 50/50 split between financing with iBank and the Capital Infrastructure Program Fund Reserve; and, d. Create a framework to replenish CIP Fund with interest earnings, additional transfers from the General Fund when there is a surplus, and private funding such as donations and capital fundraisers.2) If acceptable, affirm the FAC’s recommendation and direct Staff to proceed with filing the necessary application with iBank. 2. Consideration and possible action to review the Fiscal Year 2020-21 budget adjustments based on the third quarter year-end review and the Fiscal Year 2021-22 Preliminary Budget and estimated fund balances for all funds, excluding Improvement Authorities. (Nguyen) (30 mins) Recommendation: 1) Review and accept FY 2020-21 Budget Adjustments in the amount of $1,138,100 from the identified savings in personnel and non -personnel based on the third quarter year-end estimates; and, 2) Review and accept the Preliminary FY 2021-22 Budget consisting of the General Fund, Capital Improvement Program, and Special Revenues, excluding the Improvement Authorities. 3. Consideration and possible action to initiate the process to conduct a comprehensive classification and compensation study and an organizational review for all full-time and part-time personnel. (DeZiel) (15 mins) Recommendation: Authorize Staff to issue a request for proposals (RFP) to seek consultants to conduct a comprehensive classification and compensation study for all full-time and part-time personnel and an organizational review. 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 1, 2021, for Interviews (Civic Center Advisory Committee), a Closed Session meeting and 7:00 P.M. for a Regular meeting. City Council Amended Agenda May 18, 2021 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).) Additionally, per Subsection (b) (Confidentiality) of Section 3.6 (Closed Session Meetings) of Chapter 3 (Types of Meetings) of the City Council Rules of Procedure is amended to read as follows: Confidentiality. No person attending a closed session shall publicly discuss or otherwise reveal the discussion, content, and/or proceedings of the closed session unless such disclosure has been approved by the vote of the Council taken during the closed session or as otherwise required by law. Violation of this rule may subject the violator to various penalties including (i) censure by the Council as provided in Article 9.0 herein, (ii) criminal penalties as the willful failure to perform a duty under Government Code Section 1222, or other statute, (iii) referral to the grand jury, or (iv) civil actions, including issuance of an injunction. 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. 7 . 4, CITY OF RA\CHO PALOS VERDES STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF RANCHO PALOS VERDES) AFFIDAVIT OF AGENDA POSTING I, Teresa Takaoka, 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 May 18, 2021, 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: C\M Dated: May 11, 2021 C,tu, -'etk.4402.Li,__ ' ity Clerk 30940 Hawthorne Boulevard/Rancho Palos Verdes, CA 90275-5391 /(310)377-0360/Fax(310)544-5291 www.rpvca.gov mly,4 CITY OF RA\CHO STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS CITY OF RANCHO PALOS VERDES) AFFIDAVIT OF AGENDA POSTING I. Teresa Takaoka, 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 May 18, 2021 , 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: 1 0 • Dated: May 13. 2021 City Clerk 33940 Hawthorne Boulevard/Rancho Palos Verdes, CA 90275-5391 /(310) 377-0360/Fax (310)544-5291 www.rpvca.gov