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CC AGD 20221220 *HYBRID CITY COUNCIL MEETING The meeting of December 20, 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 . MEETING AGENDA RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING FRED HESSE COMMUNITY PARK, MCTAGGART HALL 29301 HAWTHORNE BOULEVARD, RANCHO PALOS VERDES 90275 DECEMBER 20, 2022 6:00 P.M. – CLOSED SESSION 7:00 P.M. – REGULAR NEXT RESOLUTION NO. 2022-68 NEXT ORDINANCE NO. 671 6:00 P.M. CLOSED SESSION CALL TO ORDER: Mayor Ferraro ROLL CALL: Councilmember Alegria Councilmember Bradley Councilmember Seo Mayor Pro Tem Cruikshank Mayor Ferraro 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 City Council Agenda December 20, 2022 Page 2 of 8 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 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 provid ed 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 LABOR NEGOTIATOR A closed session will be held, pursuant to Government Code § 54957.6, with the City Manager, Deputy City Manager, and City Attorney, acting as its negotiators, regarding labor negotiations with the American Federation of State, County, and Municipal Employees District Council 36 (AFSCME DC36). RECESS TO CLOSED SESSION (FIRESIDE ROOM): RECONVENE TO REGULAR MEETING: 7:00 P.M. – REGULAR MEETING CALL TO ORDER: Mayor Ferraro ROLL CALL: Councilmember Alegria Councilmember Bradley Councilmember Seo Mayor Pro Tem Cruikshank Mayor Ferraro PLEDGE OF ALLEGIANCE: To be announced CLOSED SESSION REPORT: MAYOR’S ANNOUNCEMENTS: RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: APPROVAL OF AGENDA: City Council Agenda December 20, 2022 Page 3 of 8 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 Coun cil may pull an item for discussion or clarification. Items pulled from the Consent Calendar by a Councilmember will be heard after the Regular Business section of the agenda, unless otherwise directed by the City Council. If a member of the public has requeste d to speak on a Consent Calendar item, it will be pulled and heard immediately after the Consent Calendar. Those wishing to speak on any Consent Calendar item(s) will be limited to three (3) minutes to address the City Council. Those wishing to address the City Council should refer to the separate cover for public participation options or visit www.rpvca.gov/participate A. Motion to Waive Full Reading Recommendation: Adopt a motion to waive reading in full of all ordinances presented at this meeting with consent of the waiver of reading deemed to be given by all Council Members after the reading of the title. B. Approval of Minutes (Takaoka) Recommendation: Approve the Minutes of December 6, 2022, 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 (check run 11/23/2022); and, 2) 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 (check run 12/09/2022). D. Consideration and possible action to continue implementing Assembly Bill No. 361 (AB 361) authorizing teleconferencing of meetings of legislative bodies for the month of January 2023. (Zweizig) Recommendation: 1) Adopt Resolution No. 2022-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, RE- RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND RE-AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF RANCHO PALOS VERDES FOR THE PERIOD BEGINNING JANUARY 1, 2023 THROUGH JANUARY 31, 2023, PURSUANT TO THE RALPH M. BROWN ACT AND ASSEMBLY BILL NO. 361; and, 2) Authorize Staff to continue conducting, as warranted, City Council and Planning Commission public meetings using a combination in-person/virtual (hybrid) platform and continue conducting virtual-only meetings or a combination in-person/virtual (hybrid) platform, if warranted, for the City’s five Committees (Civic Center Advisory, Emergency Preparedness, Finance City Council Agenda December 20, 2022 Page 4 of 8 Advisory, Infrastructure Management Advisory, Traffic Safety) subject to the Brown Act in accordance with the requirements of AB 361; and return with extension resolutions for the City Council’s consideration every 30 days as the same may be warranted. E. Consideration and possible action regarding a claim against the City by Thomas Olson. (Momoli) Recommendation: Reject the claim and direct Staff to notify the claimant, Thomas Olson. F. Consideration and possible action regarding a claim against the City by Thomas Olson. (Zweizig) Recommendation: Reject the claim and direct Staff to notify the claimant, Thomas Olson. G. Consideration and possible action to review the second biannual 2022 Border Issues report. (Barnes) Recommendation: Receive and file the second biannual report on the status of Border Issues for 2022. H. Consideration and possible action to award a professional services agreement to Sky Elements, LLC to perform a drone light show as part of the City’s Fourth of July Celebration. (Trautner) Recommendation: 1) Award a professional services agreement to Sky Elements, LLC., in an amount not-to-exceed $45,000, to design and perform a drone light show at the Ken Dyda Civic Center on July 4, 2023; and, 2) Authorize the Mayor to execute the professional services agreement in a form acceptable to the City Attorney. I. Consideration and possible action to award a professional services agreement to Cotton, Shires and Associates, Inc., for Public Works and Recreation and Parks on - call geological and geotechnical support services. (Dragoo) Recommendation: 1) Award a professional services agreement to Cotton, Shires and Associates, Inc., for Public Works and Recreation and Parks on -call geological and geotechnical support services on an as-needed basis for a five-year term, with an additional one-year optional term, in the amount not to exceed $80,000 annually, subject to appropriated budgets; and, 2) Authorize the Mayor to execute the agreement in a form approved by the City Attorney. J. Consideration and possible action to regarding the FY 2021-22 Year-end Unaudited Financial Report and the FY 2022-23 First Quarter Report. (Loya/Ramos) Recommendation: 1) Receive and file the FY 2021-22 Year-end Unaudited Financial Report; 2) Approve the Purchase Order Carryover Schedule of $16,743,224 from FY 2021-22 to FY 2022-23, thus, approving the following: i. Decreasing FY 2021-22 Final Budget for the following: $447,073 (General Fund), $12,405,026 (Capital Infrastructure Program), $2,383,757 (Federal Grants – ARPA), $4,039 (Abalone Cove Sewer), $142,502 (Gas Tax), $203,321 (Measure R), $31,337 (Measure W), $286,608 (Proposition C), $612,129 (Quimby), $220,938 (St ate Grants), $4,194 Waste Reduction, and $2,300 (Equipment Replacement); and, ii. Increasing FY 2022- City Council Agenda December 20, 2022 Page 5 of 8 23 Budget for the following: $447,073 (General Fund), $12,405,026 (Capital Infrastructure Program), $2,383,757 (Federal Grants – ARPA), $4,039 (Abalone Cove Sewer), $142,502 (Gas Tax), $203,321 (Measure R), $31,337 (Measure W), $286,608 (Proposition C), $612,129 (Quimby), $220,938 (State Grants), $4,194 Waste Reduction, and $2,300 (Equipment Replacement). 3) Approve Continuing Appropriations of $5,255,573 from FY 2021-22 to FY 2022-23, thus, approving the following: i. Decreasing FY 2021-22 Final Budget for the following: $1,272,000 (General Fund), $1,896,901 (Capital Infrastructure Program), $1,027,385 (Federal Grants – ARPA), $505,000 (Gas Tax), $200,000 (Measure M), $95,000 (Measure R), and $125,174 (Proposition C), $134,114. ii. Increasing FY 2022-23 Budget for the following: $1,272,000 (General Fund), $1,896,901 (Capital Infrastructure Program), $1,027,385 (Federal Grants – ARPA), $505,000 (Gas Tax), $200,000 (Measure M), $95,000 (Measure R), and $125,174 (Proposition C), $134,114, 4) Receive and file the FY 2022-23 First Quarter Financial Report; 5) Approve additional appropriation of $220,000 for the American Rescue Plan Act (ARPA) in FY 2022 -23 for the Ladera Linda Community Park Project; and, 6) Approve allocating the available budget balance of $220,000 in the CIP Fund for the Western Avenue Beautification Project. K. Consideration and possible action to modify the City’s Coronavirus Community Development Block Grant (CDBG-CV) program. (Bright) Recommendation: 1) Close the Agreement with the Los Angeles County Development Authority (LACDA) for the Senior Activities CDBG-CV project thereby reducing its budget to $0 and closing the project; 2) Authorize the City Manager or his designee to execute a new Agreement with LACDA to fund the installation of an Americans with Disabilities Act (ADA)-compliant wheelchair lift to the City shuttle bus for the REACH Program and associated REACH administrative costs as a new CDBG-CV project, in an amount not to exceed $86,499, subject to a form deemed acceptable to the City Attorney; and, 3) Appropriate $86,499 of available CDBG -CV funds from the Senior Activities project to a new REACH program project. L. Consideration and possible action to award a professional services agreement to Nuvis Landscape Architecture, Inc. for landscape architecture design and support services for the Western Avenue Beautification Project. (Lo) Recommendation: 1) Award a professional services agreement to Nuvis Landscape Architecture, Inc. for landscape architecture design and support services for the Western Avenue Beautification Project, for a term of two years with a one-year extension, in the not to exceed amount of $183,818 with a 15% contingency of $27,573; and, 2) Authorize the Mayor and City Clerk to execute the agreement in a form approved by the City Attorney. M. Consideration and possible action to appoint City Councilmembers to intergovernmental organizations, associations, and City subcommittees for 2023. (Takaoka) Recommendation: 1) Approve adding two ad hoc committee and City Council Subcommittee and removing one ad hoc committee as noted in the Draft 2023 City Council Assignments list; 2) Appoint the members of the City Council to the various intergovernmental organizations, associations, and City subcommittees for 2023; and, 3) Direct Staff to notify the various agencies of the City Council’s d ecision. City Council Agenda December 20, 2022 Page 6 of 8 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. 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 approve the second cycle of the Public Safety Reimbursement Program. (Bright) (15 mins) Recommendation: Approve the second cycle of the Public Safety Reimbursement Program thereby providing ongoing reimbursements for all existing neighborhood recipients of previous iterations of the program and opening the application window for neighborhoods and individuals to apply for safety-enhancing technology such as security cameras. 2. Consideration and possible action to adopt the City’s 2023 Legislative Platform. (Bright) (15 mins) Recommendation: 1) Adopt Resolution No. 2022-__A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES THEREBY APPROVING THE CITY OF RANCHO PALOS VERDES 2023 LEGISLATIVE PLATFORM; and, 2) Approve amendments to City Council Policy No. 29 by adding clarifying language that the City Council will adopt a legislative platform annually based on their position on legislative items. 3. Consideration and possible action to receive a status report on the second quarter Fiscal Year (FY) 2022-23 City Council Goals. (Bañales ) (30 mins) Recommendation: Receive and file a status report on the second quarter FY 2022- 23 City Council Goals 4. Consideration and possible action to establish a program to accept and distribute donation funds. (Bañales/Awwad/Linder/Nguyen) (30 mins) Recommendation: 1) Review the following options for the City to accept and distribute donation funds: A. Authorizing Staff, working with the City Attorney’s Office, to form a nonprofit foundation, meeting the qualifications for tax-exempt status under City Council Agenda December 20, 2022 Page 7 of 8 Internal Revenue Code § 501(c)(3) (Staff preferred option); B. Creating a new City Council policy or amending existing City Council Policy No. 37, Naming of Public Facilities and Placing of Monuments and Other Memorials, to include donation guidelines; or C. Developing, as a stand-alone document, guidelines for donations; and, 2) Select a preferred option and direct Staff to return at later date with detailed information, inclusive of a fiscal impact, for City Council consideration . 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 January 17, 2023, for a Closed Session meeting followed by a 7:00 P.M. Regular meeting. City Council Agenda December 20, 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. CEQA Compliance (Changes as of 11/7/22): Unless stated otherwise on the agenda, every item on the agenda is exempt from CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15323 and/or Public Resources Code Section 21065. Ljoil 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 December 20, 2022, 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: 8'(-R) ow Dated: December 14, 2022 4 --. City Clerk 30940 Hawthorne Boulevard/Rancho Palos Verdes, CA 90275-5391 /(310)544-5217/Fax(310)544-5291 www.rpvca.gov