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CC AGD 20210921 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 September 21, 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 between two rooms) at Hesse Park. Please see separate cover for public participation options. *AMENDED REGULAR MEETING AGENDA RANCHO PALOS VERDES CITY COUNCIL MEETING FRED HESSE COMMUNITY PARK, MCTAGGART HALL 29301 HAWTHORNE BOULEVARD, RANCHO PALOS VERDES 90275 SEPTEMBER 21, 2021 *6:00 P.M. – CLOSED SESSION 7:00 P.M. – REGULAR MEETING *Amended Agenda to include Closed Session NEXT RESOLUTION NO. 2021-45 NEXT ORDINANCE NO. 651 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 Regular Amended Agenda September 21, 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 A ct, “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 t o 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 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 *CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION 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. A copy of the written threat of litigation is attached to this agenda item. 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 CLOSED SESSION REPORT: MAYOR’S ANNOUNCEMENTS: City Council Regular Amended Agenda September 21, 2021 Page 3 of 8 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: 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 17, 2021, Regular Meeting. 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 adopt a resolution granting an appeal, thereby overturning the Planning Commission's decision to deny a project, without prejudice, and approving the Site Plan Review, Major Grading Permit, and Minor Exception Permit for the property located at 30504 Palos Verdes Drive West (Case No. PLGR2019-0025). (Yoon) Recommendation: Adopt Resolution No. 2021-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES GRANTING THE APPEAL OF DAVID HASS AND OVERTURNING THE DECISION OF THE PLANNING COMMISSION TO DENY A PROJECT, WITHOUT PREJUDICE, AND APPROVING THE SITE PLAN REVIEW, MAJOR GRADING PERMIT, AND MINOR EXCEPTION PERMIT TO CONSTRUCT A NEW 4,350 FT² (GARAGE INCLUDED), SPLIT- STORY, SINGLE-FAMILY RESIDENCE AND ANCILLARY SITE IMPROVEMENTS City Council Regular Amended Agenda September 21, 2021 Page 4 of 8 WITH 1,049 YD3 OF ASSOCIATED GRADING ON A VACANT LOT AT 30504 PALOS VERDES DRIVE WEST (CASE NO. PLGR2019-0025). E. Consideration and possible action to authorize the Mayor to sign a letter supporting AB 361 (Rivas). (Bright) Recommendation: Authorize the Mayor to sign a letter supporting AB 361, which would allow cities to continue to utilize teleconferencing for public meetings during declared states of emergency. F. Consideration and possible action to grant an easement to Southern California Edison to access electric distribution facilities within a City-owned portion of Lot “C” of Tract No. 50666 (Trump National Golf Club). (Seeraty) Recommendation: 1) Grant Southern California Edison an easement and right-of- way over a City-owned portion of Lot “C” within Tract No. 50666 for installation of and access to electrical distribution facilities as outlined in the attached easement documents; and, 2) Authorize the Mayor and City Clerk to execute the Grant of Easement Document. G. Consideration and possible action to award a contract services agreement to EcoTierra Consulting to prepare the environmental documents associated with the proposed subdivision of the Point View Property at 6001 Palos Verdes Drive South (Case No. PLTM2018-0001). (Silva) Recommendation: 1) Award a contract services agreement, in a form approved by the City Attorney, to EcoTierra Consulting to prepare the environmental documents for the proposed subdivision of the Point View Property at 6001 Palos Verdes Drive South, for an amount not to exceed $295,235; 2) Approve a reimbursement agreement, in a form approved by the City Attorney, with York Point Properties, LLC to reimburse the City for the full costs incurred by the City related to work conducted by EcoTierra for the preparation of the project’s environmental document; and, 3) Authorize the Mayor and City Clerk to execute the contract services agreement and reimbursement agreement. H. Consideration and possible action to award a professional services agreement to Dudek to establish a potential Mixed-Use Overlay Zoning District. (Yoon) Recommendation: 1) Award a Professional Services Agreement, in a form approved by the City Attorney, to Dudek to establish a potential Mixed-Use Overlay Zoning District, develop related development standards, and prepare associated environmental documents, for an amount not to exceed $309,990; and, 2) Authorize the Mayor and City Clerk to execute the Professional Services Agreement. I. Consideration and possible action to select two City Council members to serve on the City’s Housing Element Update Ad-Hoc Committee. (Silva) Recommendation: Appoint Mayor Pro Tem Bradley and Councilmember Cruikshank to serve on the City’s Housing Element Update Ad-Hoc Committee. City Council Regular Amended Agenda September 21, 2021 Page 5 of 8 J. Consideration and possible action to enter into a cooperative agreement with the California Department of Transportation for design and construction of a right -turn lane for northbound Western Avenue approaching Westmont Drive/Delasonde Drive. (Lopez) Recommendation: 1) Execute a Cooperative Agreement, in a form approved by the City Attorney, with the California Department of Transportation (Caltrans) for design and construction of a right-turn lane for northbound Western Avenue approaching Westmont Drive/Delasonde Drive; and, 2) Authorize the Mayor and City Clerk to execute the Cooperative Agreement. K. Consideration and possible action to execute a Measure M Multi-Year Subregional Programs Funding Agreement with the Los Angeles County Metropolitan Transportation Authority to fund the Western Avenue Congestion Improvement Project (25th Street to Palos Verdes Drive North). (Lopez) Recommendation: 1) Approve the Measure M Multi-Year Subregional Programs Funding Agreement with the Los Angeles County Metropolitan Transportation Authority to fund the Western Avenue Congestion Improvement Project subject to approval as to form by the City Attorney; and, 2) Authorize the Mayor and City Clerk to execute the Funding Agreement. L. Consideration and possible action to award a contract services agreement to Coyote, Wildlife & Pest Solutions, Inc. to conduct selective coyote trapping. (Monroy) Recommendation: 1) Award a contract services agreement, in a form approved by the City Attorney, to Coyote, Wildlife & Pest Solutions, Inc., to conduct selective coyote trapping pursuant to the City’s Coyote Management Plan, for an amount not to exceed $60,000; and, 2) Authorize the Mayor to execute the contract services agreement. 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 speake r 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 t en (10) minutes. If the applicant is different from the appellant, the applicant or their representative will speak following the appellant and will also be allow ed 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 approve Revision “GGG” to the Trump National Golf Club Project Conditional Use Permit’s (CUP) Conditions of Approval to allow a change in the maximum building height for Lot No. 11 of Tract No. 50667 located at 32031 Isthmus View Drive (Case No. PLCU2020-0009). (Yoon) (30 mins) Recommendation: 1) Adopt Resolution No. 2021-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING ADDENDUM City Council Regular Amended Agenda September 21, 2021 Page 6 of 8 NO. 48 TO ENVIRONMENTAL IMPACT REPORT NO. 36 IN CONNECTION WITH REVISION “GGG” TO THE TRUMP NATIONAL GOLF CLUB PROJECT; and, 2) Adopt Resolution No. 2021-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING REVISION “GGG” TO THE TRUMP NATIONAL GOLF CLUB PROJECT CONDITIONAL USE PERMIT TO AMEND CONDITION NOS. Z.44 and Z.45 TO ALLOW LOT NO. 11 OF TRACT NO. 50667 TO BUILD UP TO 26 FEET IN HEIGHT, AS MEASURED FROM THE POINT OF ENTRY OF A PROPOSED SUBTERRANEAN GARAGE AND EXTERIOR BASEMENT PATIO LEVEL, LOCATED AT 32031 ISTHMUS VIEW DRIVE. 2. Consideration and possible action to approve a Safety and Security Plan for the Ladera Linda Park and Community Center Project and to amend the City Council -adopted Conditions of Approval to increase the height of on-site light standards to 16 feet (Case No. PLCU2020-0007). (Rukavina/Silva) (60 mins) Recommendation: 1) Review and approve the recommended Ladera Linda Park and Community Center Project Safety and Security Plan as prepared by the Project’s security sub- consultant; and, 2) ADOPT RESOLUTION NO. ___, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING REVISION NO. 1 TO A CONDITIONAL USE PERMIT, MAJOR GRADING PERMIT, VARIANCE, AND SITE PLAN REVIEW FOR THE LADERA LINDA COMMUNITY CENTER AND PARK PROJECT THEREBY AMENDING CONDITION NOS. 12, 57, 60 AND 61 TO ALLOW AN INCREASE IN THE OVERALL HEIGHT OF ON-SITE LIGHT STANDARDS AND CAMERA POLES TO 16 FEET THROUGHOUT THE PROJECT SITE TO ACCOMMODATE COLLOCATING A SURVEILLANCE CAMERA SYSTEM (CASE NO. PLCU2020-0007). 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 receive and file a quarterly status report on Fiscal Year 2021-2022 City Council goals. (Bañales) (45 mins) Recommendation: Receive and file a quarterly status report on the FY 2021-2022 City Council goals. 4. Consideration and possible action to review the American Rescue Plan Act (ARPA) and the preliminary spending plan for the City’s ARPA funds. (Nguyen) (30 mins) Recommendation: 1) Receive and file a report explaining how $9.9 million was allocated to the City for the American Rescue Plan Act (ARPA); 2) Accept $4,967,420, received in July 2021, as the first half of the City’s ARPA allocation and increase the revenue appropriations in FY 2021-22; and, 3) Approve the preliminary spending plan for the ARPA funds using Category C of the Department of Treasury’s interim guidelines for eligible use of ARPA funding and direct Staff to proceed in developing the final spending plan for the City Council’s consideration at the October 5, 2021 meeting. City Council Regular Amended Agenda September 21, 2021 Page 7 of 8 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 5, 2021, for a Closed Session meeting and 7:00 P.M. for a Regular meeting. City Council Regular Amended Agenda September 21, 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 qrnjii*. f`l.,ff•r eim CITY OF 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 agenda for the Regular Meeting of the City Council for September 21, 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: lt. sksin Dated: September 15, 2021444,: --4Alevetthik_.) C, ity Clerk h PalosVerdes,CA 90275-5391 /(310)377-0360/Fax(310)544-5291 30940 Hawthorne Boulevard/Ranco www gov vca ov P l i ____________ CITY OF ' 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 September 21, 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: Oa reF* Dated: September 20, 2021 evieteth4LJi ctwity Clerk 30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 90275-5391 /(310)377-0360/Fax(310)544-5291 www rpvca gov