Loading...
CC AGD 20220405 (AMENDED) *HYBRID CITY COUNCIL MEETING The meeting of April 5, 2022, will take place remotely in accordance with Government Code Section 54953(e) et seq. (AB 361), and pursuant to Resolution No. 2021 -59, as adopted by the City Council on November 16, 2021, and as renewed by subsequent resolution(s) thereafter. The meeting 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 FiberOptic 39. Public participation will be in person and using the virtual platform. Please see separate cover for virtual public participation options . *AMENDED MEETING AGENDA REGULAR MEETING OF THE RANCHO PALOS VERDES CITY COUNCIL FRED HESSE COMMUNITY PARK, MCTAGGART HALL 29301 HAWTHORNE BOULEVARD, RANCHO PALOS VERDES 90275 APRIL 5, 2022 5:30 P.M. –SPECIAL MEETING CIVIC CENTER ADVISORY COMMITTEE INTERVIEWS 6:00 P.M. CLOSED SESSION MEETING 7:00 P.M. – REGULAR MEETING *AMENDED TO INCLUDE CLOSED SESSION ITEM NO. 2 AND CONSENT CALENDAR ITEM L NEXT RESOLUTION NO. 2022-17 NEXT ORDINANCE NO. 659 6:00 P.M. CLOSED SESSION CALL TO ORDER: Mayor Bradley ROLL CALL: Councilmember Alegria Councilmember Cruikshank Councilmember Dyda Mayor Pro Tem Ferraro Mayor Bradley City Council Amended Agenda April 5, 2022 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 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 REAL PROPERTY NEGOTIATORS A closed session will be held, pursuant to Government Code § 54956.8, to enable the City Council to consider the property acquisition currently under negotiations with York Point View Properties LLC., with whom City is to give direction to the City Manager and City Attorney, regarding that certain real property commonly known as the Lower Filiorum and Plumtree properties, parcels as noted below. The City Council will provide direction on the terms of the property acquisition including price. Parcels: APN 7581023037, APN 7581023035, APN 7573003016, APN 7572012028, APN 7572012024, APN 7572012029 (6001 Palos Verdes Drive South) 2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION A closed session will be held, pursuant to Government Code § 54956.9 (d)(4) because the City is considering whether to initiate litigation in one (1) case. RECESS TO CLOSED SESSION (FIRESIDE ROOM): RECONVENE TO REGULAR MEETING: 7:00 P.M. – REGULAR MEETING CALL TO ORDER: Mayor Bradley ROLL CALL: Councilmember Alegria Councilmember Cruikshank Councilmember Dyda City Council Amended Agenda April 5, 2022 Page 3 of 8 Mayor Pro Tem Ferraro Mayor Bradley 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: 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 March 9 (Goal Setting Workshop), March 15 (Regular Meeting and Interviews) and March 23, 2022 (Special Meeting and Adjourned Regular Meeting). C. Registers of Demands (Mata) Recommendation: 1) Adopt Resolution No. 2022-__, 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; and, 2) Adopt Resolution No. IA 2022-__, A RESOLUTION OF THE RANCHO PALOS VERDES IMPROVEMENT AUTHORITY, ALLOWING City Council Amended Agenda April 5, 2022 Page 4 of 8 CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. D. Consideration and possible action to receive and file the February 2022 Cash Balances/Monthly Treasurers’ Reports. (Lin) Recommendation: Receive and file the February 2022 Cash Balances/Monthly Treasurer’s Report for the City and the Improvement Authority. E. Consideration and possible action regarding a claim against the City by Thornton Carter. (Momoli) Recommendation: Reject the claim and direct Staff to notify the claimant, Thornton Carter. F. Consideration and possible action regarding a claim against the City by Veronica Claire Alexandre. (Momoli) Recommendation: Reject the claim and direct Staff to notify the claimant, Veronica Claire Alexandre. G. Consideration and possible action to 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. H. Consideration and possible action to receive and file the Fiscal Year 2020-21 Annual Comprehensive Financial Report (ACFR) and the City’s financial audit letters. (Lin) Recommendation: 1) Receive and file the FY 2020-21 ACFR of the City of Rancho Palos Verdes; 2) Receive and file the FY 2020-21 Statements on Auditing Standards (SAS 114 Letter) from Independent Auditors to those Charged with Governance; and, 3) Receive and file the Independent Auditors’ Report on Internal Cont rol over Financial Reporting, Compliance, and other Matters in accordance with Government Audit Standards (GAS Letter). I. Consideration and possible action to waive and refund after-the-fact construction permit penalties to two permit applicants. (Whitten) Recommendation: Approve waiving and refunding after-the-fact (A-T-F) penalty fees, in the total amount of $47,660.48, for the following two property owners due to financial hardship caused by alleged fraudulent activity: a. Shane Sato 28011 Lobrook Drive, Rancho Palos Verdes, CA 90275, $26,071.46 in A -T-F penalty fees; and, b. Christina Streit 31054 Hawksmoor Drive, Rancho Palos Verdes, CA 90275, $21,589.02 in A-T-F penalty fees City Council Amended Agenda April 5, 2022 Page 5 of 8 J. Consideration and possible action to commit matching funds supporting the City’s application for Hazard Mitigation Grant Funding from the Federal Emergency Management Agency (FEMA). (Villalpando) Recommendation: Authorize the Mayor to sign letters of matching funds commitment for the Hazard Mitigation Grant Program (HMGP) sub-applications for the two accepted Notice of Interests (NOIs) to California Governor’s Office of Emergency Services (CalOES). K. Consideration and possible action to approve an amendment to the professional services agreement with ParkMobile to provide app-based parking services at Del Cerro Park and sections of Crenshaw Boulevard south of Crest Road.(Waters) Recommendation: 1) Approve Amendment No. 1 to the professional services agreement with ParkMobile thereby extending the term an additional eight months to December 31, 2022, at an additional cost of $5,872, to continue providing app -based parking services at Del Cerro Park and sections of Crenshaw Boulevard south o f Crest Road; and, 2) Authorize the Mayor and City Clerk to execute the amended professional services agreement, subject to approval as to form by the City Attorney. L. Consideration and possible action to update the Council-approved leases and agreements related to financing the Ladera Linda Community Park Project. (Nguyen) Recommendation: Adopt Resolution No. 2022-___, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA AUTHORIZING REPLACING THE POINT VICENTE INTERPRETIVE CENTER PROPERTY WITH FRED HESSE, JR. COMMUNITY PARK AS A PORTION OF THE LEASED COLLATERAL PROPERTY IN THE SITE LEASE, SUBLEASE, SUPPLEMENTAL AGREEMENT AND ASSIGNMENT AGREEMENT RELATING TO FINANCING A PORTION OF THE IMPROVEMENTS AT LADERA LINDA COMMUNITY PARK AND DIRECTING CERTAIN RELATED ACTIONS IN CONNECTION THEREWITH. 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 spea k 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. City Council Amended Agenda April 5, 2022 Page 6 of 8 1. Consideration and possible action to conduct a review of Trump National Golf Club’s compliance with its maintenance obligations relating to trails and open space (Case No. PLMH2022-0001). (Seeraty) (15 mins) Recommendation: Receive and file a report regarding Trump National Golf Club’s compliance with its maintenance obligations relating to trails and open space pursuant to the 2018 City Council-approved Amended and Restated Declaration of Restrictions. REGULAR BUSINESS: This section contains items of general business. Prior to the vote of an item, each speaker will be limited to three (3) minutes to address the City Council. Those wishing to address the City should refer to the separate cover for public participation options or visit www.rpvca.gov/participate. 2. Consideration and possible action to appoint one member to the Civic Center Advisory Committee. (Takaoka) (10 mins) Recommendation: By majority vote of the entire City Council, appoint one member to the Civic Center Advisory Committee, with a term of office ending in Ju ne 2024. 3. Consideration and possible action to approve a Memorandum of Understanding with the Palos Verdes Peninsula Land Conservancy to act as “co -buyers” in the purchase and management of the Lower Filiorum and Plumtree properties. (Wynder) (15 mins) Recommendation: 1) Approve the Memorandum of Understanding (“MOU”) by and between the City of Rancho Palos Verdes and the Palos Verdes Peninsula Land Conservancy (“PVPLC”), dated April 5, 2022; and; 2) Authorize the Mayor to execute the same following approval as to form by the City Attorney. 4. Consideration and possible action to receive a presentation from the West Basin Municipal Water District on water conservation efforts. (Barnes) (20 mins) Recommendation: Receive and file a presentation from the West Basin Municipal Water District on water conservation efforts. 5. Consideration and possible action to receive a report on regional use of public safety technology. (Bright) (15 mins) Recommendation: Receive and file a report on statewide and regional investments in public safety technology. 6. Consideration and possible action to receive a report on the future of meeting format options for City legislative bodies. (Wynder) (15 mins) Recommendation: Receive and file a report on the future of meeting format options for City legislative bodies. 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 Amended Agenda April 5, 2022 Page 7 of 8 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 5:00 P.M. on April 13, 2022, for a Closed Session Meeting and 6:00 P.M. Budget Workshop (CIP). City Council Amended Agenda April 5, 2022 Page 8 of 8 City Council Agendas and Staff Reports: Agendas and staff reports are available for public review within 72 hours of the meeting at City Hall, 30940 Hawthorne Boulevard during regular business hours, 7:30 A.M. to 5:30 P.M. Monday – Thursday and 7:30 A.M. to 4:30 P.M. on Friday; Hesse Community Park, 29301 Hawthorne Boulevard during regular business hours Monday – Friday from 9:00 A.M. until dusk, Saturday and Sunday from 10:00 A.M. until dusk; and at the City’s website www.rpvca.gov Materials related to an item on an agenda submitted after distribution of the agenda packet are available for public inspection at the front counter of the lobby of the City Hall Administration Building at 30940 Hawthorne Boulevard, Rancho Palos Verdes during normal business hours. Public Correspondence: We highly encourage written materials regarding City Council Agenda items be submitted no later than 4:00 P.M. the Monday prior to a City Council meeting to allow the Council Members ample time to review and consider the issues raised prior to making decisions at the Council meeting. Please keep in mind that it is difficult for Council Members to carefully review materials submitted after that deadline or at the meeting. Written materials, including emails, submitted to the City are public records and may be posted on the City’s website. Accordingly, you may wish to omit personal information from your written materials or oral presentation as it may become part of the public record regarding an agendized item. In addition, City meetings may be televised and may be accessed through the City's website. Public Participation: Participants must speak from the podium using the lectern microphone; comments are to be directed to the City Council and not to the staff or the public; repetition should be avoided; and reading a submission that has been copied or contained in the agenda will be discouraged. Public Comments: The City Council may limit the public input on any item based on the number of people requesting to speak, the length of the agenda, or the business of the Council. Conduct at the Council Meeting: The Mayor shall order removed from the Council Chambers any person(s) who commit the following acts at a meeting of the City Council: Disorderly, contemptuous or insolent behavior toward the Council or any member thereof, tending to interrupt the due and orderly course of said meeting; a breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting; disobedience of any lawful order of the Mayor, which shall include an order to be seated or to refrain from addressing the Council from the audience; any other unlawful interference with the due and orderly course of the meeting. Time Estimates: The time noted next to an agenda item is only an estimate of the amount of time that will be spent during the meeting on that particular item. Accordingly, these estimates should not be relied on in determining when a matter will be heard, especially since agenda items are often re-ordered during a meeting and may be discussed at any time. Continuation of Meeting: The City Council will adjourn its meetings on or before 11:00 p.m. and will not consider new business items after 10:15 p.m., unless the majority of the Council members who are present affirmatively vote either to extend the meeting after 11:00 p.m. or to consider new business after 10:15 p.m. If the meeting ends before all of the items listed on the agenda are completed, any unfinished business will be continued to the next succeeding day that is not a holiday, at a location to be determined. Closed Session Please be advised that, pursuant to the Ralph M. Brown Act, “a person may not disclose confidential information that has been acquired by being present in a Closed Session . . . to a person not entitled to receive it, unless the legislative body authorizes disclosure of that confidential information.” (Gov. Code § 54963(a).) “[C]onfidential information’ means a communication made in a Closed Session that is specifically related to the basis for the legislative body of a local agency to meet[] lawfully in Closed Session . . . .” (Gov. Code § 54963(a).) Please be further advised that any “[v]iolation of [Government Code § 54963] may be addressed by the use of such remedies as are currently available by law, including, but not limited to: (1) injunctive relief to prevent the disclosure of confidential information prohibited by this section; (2) disciplinary action against an [public or city official] who has willfully disclosed confidential information in violation of this section; (3) referral of a member of a legislative body who has willfully disclosed confidential information in violation of this section to a grand jury.” (Gov. Code § 54963(c).) American with Disabilities Act: In compliance with the Americans with Disabilities Act, if you require a disability-related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please contact the City Clerk’s Office at least 48 hours prior to the meeting at any of the following: cityclerk@rpvca.gov; 310-544-5217; 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275. 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 agendas for the Regular Meeting of the City Council/Improvement Authority for April 5, 2022, were conspicuously posted on the City Hall Bulletin Board, located at 30940 Hawthorne Boulevard, Rancho Palos Verdes California, at the time and date indicated below. Time: '208 01 YY) Dated: March 30, 2022 City Clerk 30940 Hawthorne Boulevard/Rancho Palos Verdes, CA 90275-5391 /(310)377-0360/Fax(310)544-5291 www.rpvca.gov CITY OF RA\CHO PALOS VERDFS 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 l hereby affirm that a copy of the Amended agendas for the Regular Meeting of the City Council/Improvement Authority for April 5, 2022, were conspicuously posted on the City Hall Bulletin Board, located at 30940 Hawthorne Boulevard, Rancho Palos Verdes California, at the time and date indicated below. Time: ' 0 ° Dated: April 1, 2022 C144-3y,--:::11.4e-Ceti24k City Clerk 30940 Hawthorne Boulevard/Rancho Palos Verdes, CA 90275-5391 /(310)377-0360/Fax(310)544-5291 www.rpvca.gov