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CC AGD 20210817 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 City Council Meeting for August 17, 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 25 people bet ween 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 AUGUST 17, 2021 *6:00 P.M. – CLOSED SESSION 7:00 P.M. – REGULAR MEETING *Amended Agenda to include Closed Session NEXT RESOLUTION NO. 2021-38 NEXT ORDINANCE NO. 650 6:00 P.M. CLOSED SESSION CALL TO ORDER: Mayor Alegria ROLL CALL: Councilmember Cruikshank Councilmember Dyda Councilmember Ferraro Mayor Pro Tem Bradley Mayor Alegria City Council Amended Agenda August 17, 2021 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).) 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 th is 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)(2), because there is a significant exposure to litigation in in one (1) case. Legal objections have been asserted by Southern California Edison about the agenda item addressing the proposed ordinance dealing with encroachment permits. RECESS TO CLOSED SESSION (FIRESIDE ROOM): 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 MAYOR’S ANNOUNCEMENTS: RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: City Council Amended Agenda August 17, 2021 Page 3 of 8 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: 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 aft er 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 August 3, 2021, Regular Meeting of the City Council and Improvement Authority, and Special Meeting (CCAC Interviews); and August 4, 2021, Special Meeting (Sakura Sister Cities Ceremony). C. Register 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 approve a Contract Services Agreement for the printing of the City’s quarterly newsletters and recreation inserts in Fiscal Year 2021- 22. (Waters) Recommendation: Authorize the Mayor to execute a Contract Services Agreement with Marina Graphic Center for the production of the City’s quarterly newsletters and recreation inserts in FY 2021-22 in an amount not to exceed $37,500 for a period of one year that may be extended by two additional one-year terms by the City Manager. E. Consideration and possible action to adopt Ordinance No. 649 amending Title 2 (Administration and Personnel) of the Rancho Palos Verdes Municipal Code thereby adding a new chapter relating to electronic filing of campaign statements and conflict of interest statements. (Takaoka) City Council Amended Agenda August 17, 2021 Page 4 of 8 Recommendation: Adopt Ordinance No. 649, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADDING CHAPTER 2.54 TO TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE RANCHO PALOS VERDES MUNICIPAL CODE AUTHORIZING ELECTRONIC AND PAPER METHODS OF FILING CAMPAIGN FINANCE DISCLOSURE STATEMENTS AND STATEMENTS OF ECONOMIC INTERESTS (FORM 700). F. Consideration and possible action to authorize the Mayor to sign a letter supporting S. 2430 (Water Conservation Rebates) and S. 2432 (Disaster Mitigation Rebates). (Bright) Recommendation: 1) Authorize the Mayor to sign a letter supporting S. 2430, which would make rebates received from water utilities for water conservation improvements exempt from federal taxes; and 2) Authorize the Mayor to sign a letter supporting S. 2432, which would make rebates received for making natural disaster mitigation improvements to their homes exempt from federal taxes. G. Consideration and possible action to adopt a resolution upholding an appeal and denying, without prejudice, a Site Plan Review with Neighborhood Compatibility application for the construction of a new addition and roof deck at 30137 Avenida Tranquila (CASE NO. PLSR2019-0365) (Guillean) Recommendation: Adopt Resolution No. 2021-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES UPHOLDING AN APPEAL AND DENYING, WITHOUT PREJUDICE, A SITE PLAN REVIEW WITH NEIGHBORHOOD COMPATIBILITY FOR THE CONSTRUCTION OF A NEW 305 FT2 THIRD-STORY ADDITION AND CONSTRUCTION OF A 881 FT2 ROOF DECK AT 30137 AVENIDA TRANQUILA. H. Consideration and possible action to authorize the Mayor to sign a letter to Southern California Edison (SCE) calling for the prioritization of funding for undergrounding projects. (Villalpando) Recommendation: Authorize the Mayor to sign a letter to SCE’s chief executive officer calling for the prioritization of funding for undergrounding projects. I. Consideration and possible action to approve Amendment No. 1 to the All City Management Services agreement for school crossing guard services for the 2021 -22 school year. (Ramezani) Recommendation: 1) Approve Amendment No. 1 to the All City Management Services (ACMS) agreement to provide crossing guard services at Dodson Middle School, Miraleste Intermediate School, Ridgecrest Intermediate School, and Silver Spur Elementary School during the 2021-2022 school year including the 2022 summer school session; and 2) Authorize the Mayor and the City Clerk to execute Amendment No. 1 for $92,818.62 with a contingency of $2,181.38, for a total of $95,000. J. Consideration and possible action to enter into a professional services agreement with Sunbeam Consulting to provide flagging services for Miraleste Intermediate School during in-person school sessions. (Awwad) City Council Amended Agenda August 17, 2021 Page 5 of 8 Recommendation: 1) Award a professional services agreement to Sunbeam Consulting in the amount not to exceed $161,070 annually that may be extended by two additional one-year terms by the City Manager to provide flagging services primarily for Miraleste Intermediate School during in-person school sessions between August 1, 2021 and July 31, 2024; and 2) Authorize the Mayor and City Clerk to execute the professional services agreement subject to approval as to form by the City Attorney. K. Consideration and possible action to approve amendments to the contracts for the traffic signal project for the intersection of Palos Verdes Drive South and Palos Verdes Drive East. (O’Neill) Recommendation: 1) Approve Amendment No. 1 to the contract with Crosstown Electrical & Data, Inc. in the amount of $63,799 for a revised contract sum of $269,277; 2) Approve an increase of $6,380 in the contingency budget, to reflect 10% of the revised construction contract total; and 3) Approve Amendment No. 1 to the contract with Southern California Electrical Firm for additional inspection services and material testing services in the amount of $11,180 for a revised contract sum of $30,380.50. 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 establish a Residential Permit Parking Program within certain areas of the Oceanfront Estates neighborhood. (Seeraty) (30 mins) Recommendation: Continue the Public Hearing to the October 19, 2021 City Council meeting. 2. Consideration and possible action to consider an appeal of a Planning Commission denial of a Height Variation Permit, Major Grading Permit, Variance, Site Plan Review, and Encroachment Permit for the property located at 28160 Palos Verdes Drive East (Case No. PLVA2018-0001). (Yoon) (60 mins) Recommendation: Adopt Resolution No. 2021-__; GRANTING THE APPEAL AND CONDITIONALLY APPROVING A HEIGHT VARIATION, MAJOR GRADING PERMIT, VARIANCE, SITE PLAN REVIEW, AND ENCROACHMENT PERMIT TO CONSTRUCT A NEW 5,285 FT² (GARAGE INCLUDED), THREE-STORY, SINGLE- FAMILY RESIDENCE AND ANCILLARY SITE IMPROVEMENTS WITH 1,697 YD3 City Council Amended Agenda August 17, 2021 Page 6 of 8 OF ASSOCIATED GRADING ON A VACANT LOT AT 28160 PALOS VERDES DRIVE EAST (CASE NO. PLVA2018-0001). 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. 3. Consideration and possible action to amend Chapter 12.16 (Streets, Parks and Recreational Facilities) of Title 12 (Streets, Sidewalks and Public Places) of the Rancho Palos Verdes Municipal Code and to update the City’s bail schedule. (Lozano) (30 mins) Recommendation: 1) Introduce Ordinance No.__, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES RENAMING THE TITLE OF CHAPTER 12.16 TO READ, “STREETS, PARKS, PRESERVE, AND RECREATIONAL FACILITIES”; REPEALING AND REPLACING SECTIONS 12.16.010 (PROTECTION OF FLORA, FAUNA AND PUBLIC BUILDINGS AND STRUCTURES), 12.16.020 (MOTORIZED VEHICLES), AND 12.16.045 (AIRCRAFT); AND ADDING 12.16.170 (COMMERCIAL SERVICES AND INDUSTRIAL ACTIVITIES PROHIBITED IN PARKS, PRESERVE, AND RECREATIONAL AREAS) OF CHAPTER 12.16 (STREETS, PARKS AND RECREATIONAL FACILITIES) OF TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE RANCHO PALOS VERDES MUNICIPAL CODE, TO PROHIBIT THE FOLLOWING IN CITY PARKS, PRESERVE, AND RECREATIONAL AREAS: DAMAGE TO; THE USE OF MOTOR VEHICLES AND E-BIKES; THE USE OF HANG GLIDERS, PARAGLIDERS, AND PARASAILS; AND COMMERCIALS SERVICES AND INDUSTRIAL ACTIVITIES; and, 2) Adopt Resolution No. 2021-__, AMENDING THE CITY’S BAIL SCHEDULE TO REFLECT CHANGES TO THE MUNICIPAL CODE AND TO UPDATE FINE AMOUNTS FOR SPECIFIC VIOLATIONS. 4. Consideration and possible action to receive a report on installing Wildfire Monitoring Cameras. (Villalpando) (15 mins) Recommendation: 1) Receive and file a report on installing Wildfire Monitoring Cameras throughout the City’s open space areas; and 2) If the desire of the City Council is to proceed with the procurement and installation, direct Staff to issue a request for proposals to vendors and present a report to the Council outlining the scope of work, cost estimates, and potential locations for consideration at a future meeting. 5. Consideration and possible action to receive a status update from Cox Communications regarding its internet speed and reliability services. (Villalpando) (20 mins) Recommendation: Receive and file a presentation by Cox Communications regarding its internet speed and reliability services. City Council Amended Agenda August 17, 2021 Page 7 of 8 6. Consideration and possible action to amend Title 12 (Streets, Sidewalks and Public Places) of the Rancho Palos Verdes Municipal Code to make certain amendments relating to encroachment permits. (Eder) (30 mins) Recommendation: Adopt Ordinance No. __, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE RANCHO PALOS VERDES MUNICIPAL CODE BY ADDING SECTION 12.04.045 (REPAIR AND RECONSTRUCTION OF CITY HIGHWAYS) TO REGULATE THE REPAIR AND RECONSTRUCTION OF CITY HIGHWAYS; REPEALING SECTION 12.04.050 (ENGINEERING SERVICES RELATING TO CONSTRUCTION AND EXCAVATION PERMITS UNDER THE HIGHWAY PERMIT ORDINANCE); AMENDING SECTION 12.04.060 (PENALTY FOR VIOLATION); AND ADDING CHAPTER 12.22 (ENCROACHMENTS) TO REGULATE THE CREATION AND MAINTENANCE OF ENCROACHMENTS ON THE PUBLIC RIGHT-OF-WAY. 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 7:00 P.M. on August 24, 2021, for a joint meeting with the Planning Commission to conduct a Housing Element Study Session meeting. City Council Amended Agenda August 17, 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 LI! CITY OF N\ RANCHO 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 AMENDED agenda for the Regular Meeting of the City Council for August 17, 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: 14:15 (41iA Dated: August 1 , 2021 ClAweedeezel City Clerk 30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 90275-5391 /(310)377-0360/Fax(310)544-5291 wwwrpvca gov