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CC AGD 20230207 AMENDED *HYBRID CITY COUNCIL MEETING The meeting of February 7, 2023, 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 RANCHO PALOS VERDES CITY COUNCIL AND IMPROVEMENT AUTHORITY REGULAR MEETING FRED HESSE COMMUNITY PARK, MCTAGGART HALL 29301 HAWTHORNE BOULEVARD, RANCHO PALOS VERDES 90275 FEBRUARY 7, 2023 6:00 P.M. CLOSED SESSION 7:00 P.M. – REGULAR NEXT RESOLUTION NO. 2023-05 NEXT ORDINANCE NO. 671 NEXT RESOLUTION NO. IA 2023-01 **CORRECTION TO ITEM E TO INCLUDE THE DECEMBER 2022 REPORT S 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: City Council Amended Agenda February 7, 2023 Page 2 of 7 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 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION A closed session will be held, pursuant to Government Code § 54957 to conduct an employee performance evaluation for the position of City Manager. 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION A closed session will be held, pursuant to Government Code § 54957 to conduct an employee performance evaluation for the position of City Attorney. 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: City Council Amended Agenda February 7, 2023 Page 3 of 7 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 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. Approval of Minutes (Momoli) Recommendation: Approve the Minutes of January 17, 2023, Regular Meeting. B. Registers of Demands (Mata) Recommendation: 1) Adopt Resolution No. 2023-__, 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 2023-__, 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. C. Consideration and possible action regarding a claim against the City by Salim Hosseinzadeh. (Momoli) Recommendation: Reject the claim and direct Staff to notify the claimant, Salim Hosseinzadeh. D. 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 2023 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. E. Consideration and possible action to receive and file the November 2022 and December 2022 Cash Balances/Monthly Treasurers’ Reports. (Lin) Recommendation: City Council Amended Agenda February 7, 2023 Page 4 of 7 Receive and file the November 2022 and December 2022 Cash Balances/Monthly Treasurers’ Reports for the City and the Improvement Authority. F. Consideration and possible action to authorize Amendment No. 1 to the professional services agreement with Transtech Engineers, Inc. for building and safety permit services. (Garrett) Recommendation: 1) Approve Amendment No. 1 to the Professional Services Agreement with Transtech Engineers, Inc. to increase the sum by $800,000 thereby increasing the not-to-exceed total agreement amount from $640,000 to $1,440,000 resulting in an annual not to exceed contract agreement of $360,000 for Building and Safety permit services; 2) Authorize the Mayor and City Clerk to execute the amendment in a form approved by the City Attorney; and, 3) Approve an additional appropriation of $200,000 to the Professional and Technical Services account for the Building & Safety Division within the Community Development Department’s budget. 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. 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 authorize the Mayor to sign a letter to state officials asking they investigate the statewide spike of natural gas prices. (Bright) (15 mins) Recommendation: Authorize the Mayor to sign a letter to state officials asking they investigate the statewide spike of natural gas prices and requesting measures to harden and increase the resiliency of public utility infrastructure. 2. Consideration and possible action to receive a status report on the City’s participation in the Los Angeles International Airport (LAX) Community Noise Roundtable and the new FAA proposed departure procedures. (Nemeth) (30 mins) Recommendation: 1) Receive and file a status report on the City’s participation in the LAX Community Noise Roundtable; 2) Authorize the Mayor to sign a letter to FAA Western-Pacific Acting Regional Administrator Erik Amend opposing the FAA’s proposal to implement two new departure procedures and mirroring the Los Angeles City Council Amended Agenda February 7, 2023 Page 5 of 7 World Airports’ (LAWA) recommended responses; 3) Direct Staff to transmit a copy of the above-referenced letter to the mayors and city managers of El Segundo, Manhattan Beach, Hermosa Beach, Redondo Beach, Torrance, Lomita, Palos Verdes Estates, Rolling Hills Estates and Rolling Hills; and, 4) Request the South Bay Cities Council of Governments (SBCCOG) Board of Directors place an agenda item on its next available meeting to oppose the FAA’s proposal to implem ent two new departure procedures and to mirror LAWA’s three recommendations. 3. Consideration and possible action to issue a Homelessness Prevention Plan Community Survey. (Bright) (30 mins) Recommendation: Authorize Staff to issue the proposed Homelessness Prevention Plan Community Survey to solicit public input on homelessness response in the City. 4. Consideration and possible action to pursue Blue City Network certification to Healthy Waterways and Oceans. (Bañales) (30 mins) Recommendation: Direct Staff to pursue the Blue City Network certification to Healthy Waterways and Oceans. 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 February 21, 2023, for a Closed Session meeting followed by a 7:00 P.M. Regular meeting. City Council Amended Agenda February 7, 2023 Page 6 of 7 City Council Agendas and Staff Reports: Agendas and staff reports are available for public review no later than 72 hours before 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 on 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, and electronically on the City’s website at https://www.rpvca.gov/agendas. Ordinances: Government Code 36934 provides, except when, after reading the title, further reading is waived by regular motion adopted by majority vote all ordinances shall be read in full either at the time of introduction or passage; provided, however, that a reading of the title or ordinance shall not be required if the title is included on the published agenda and a copy of the full ordinance is made available to the public online and in print at the meeting prior to the introduction or passage. 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 agenda item. In addition, City meetings may be televised and may be accessed through the City's website at https://www.rpvca.gov/agendas. 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. Virtual participation is also offered please visit https://www.rpvca.gov/participate. 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: Pursuant to GC 54957.95: (a)(1) In addition to authority exercised pursuant to Sections 54954.3 and 54957.9, the presiding member of the legislative body conducting a meeting or their designee may remove, or cause the removal of, an individual for disrupting the meeting. (2) Prior to removing an individual, the presiding member or their designee shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding member or their designee may then remove the individual if they do not promptly cease their disruptive behavior. This paragraph does not apply to any behavior described in subparagraph (B) of paragraph (1) of subdivision (b)(1) means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, one of the following: (A)A failure to comply with reasonable and lawful regulations adopted by a legislative body pursuant to Section 54954.3 or any other law. (B) Engaging in behavior that constitutes use of force or a true threat of force.(2) “True threat of force” means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat. 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 a 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 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 City Council Amended Agenda February 7, 2023 Page 7 of 7 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 an accommodation to participate in this meeting, please contact the City Clerk’s Office prior to the meeting at: cityclerk@rpvca.gov; by phone at 310-544-5217; or mail 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275. The City’s reasonable accommodation policy is available for review on the City’s website (see City Council Policy 58). Please note that for accommodations that are not readily available, you should make your request as soon as you can prior to the time of the meeting. 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. 01203.0001/851364.1 CITY OF RA\CHO PALOS VERDES STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF RANCHO PALOS VERDES) AFFIDAVIT OF AGENDA POSTING I, Teresa Takaoka, declare as follows: That I am the City Clerk of the City of Rancho Palos Verdes; that I hereby affirm that a copy of the agenda for the Regular Meeting of the City Council and Improvement Authority for February 7, 2023, 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: s 30 pt--t Dated: February 1, 2023 City Clerk 30940 Hawthorne Boulevard/Rancho Palos Verdes, CA 90275-5391 /(310)544-5217/Fax(310) 544-5291 www.rpvcagov 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 and Improvement Authority for February 7, 2023, 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: 100o w Dated: February 2, 2023 Citicetketel241Li City Clerk 30940 Hawthorne Boulevard/Rancho Palos Verdes, CA 90275-5391 /(310)544-5217/Fax(310)544-5291 www.rpvca.gov