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CC AGD 20230221 *HYBRID CITY COUNCIL MEETING The meeting of February 21, 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 . MEETING AGENDA RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING FRED HESSE COMMUNITY PARK, MCTAGGART HALL 29301 HAWTHORNE BOULEVARD, RANCHO PALOS VERDES 90275 FEBRUARY 21, 2023 5:30 P.M. –SPECIAL MEETING for ADVISORY BOARD INTERVIEWS 7:00 P.M. – REGULAR NEXT RESOLUTION NO. 2023-06 NEXT ORDINANCE NO. 671 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 MAYOR’S ANNOUNCEMENTS: City Council Agenda February 21, 2023 Page 2 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 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 (Zweizig) Recommendation: Approve the Minutes of February 7, 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. C. 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. D. Consideration and possible action to amend an existing professional service agreement with Renne Public Policy Group (RPPG) for state lobbying services. (Bright) Recommendation: 1) Approve Amendment No. 1 to the Professional Services Agreement with RPPG to increase the contract sum by $56,000, thereby increasing the not-to-exceed total agreement amount from $56,000 to $112,000 and extending the term by one year for state lobbying services; and, 2) Authorize the Mayor and City Clerk to execute the amendment in a form approved by the City Attorney. E. Consideration and possible action to approve Amendment No. 3 to the employment agreement with Mr. Ara M. Mihranian, AICP, as City Manager. (Bañales) Recommendation: 1) Approve Amendment No. 3 to City Manager Employment Agreement, thereby extending the terms for an additional three years with a term date City Council Agenda February 21, 2023 Page 3 of 8 of February 18, 2026, and increasing the annual salary compensation of the City Manager by 3% to an annual salary of $232,800 and authorize the Mayor to execute the same on behalf of the City of Rancho Palos Verdes, the Successor Agency to the Dissolved Rancho Palos Verdes Redevelopment Agency and the Rancho Palos Verdes Improvement Authority effective February 19, 2022, t he first pay period after the amendment is approved; 2) Approve an employee retention payment, not otherwise subject to CalPERS, to the City Manager of approximately 4.5% of his salary in the amount of $10,500 to be paid directly to the City Manager; and, 3) Authorize the Mayor and City Clerk to execute the amendment in a form approved by the City Attorney. F. Consideration and possible action to authorize Amendment No. 1 to a professional services agreement with McGee Surveying Consulting to perform landslid e movement surveys. (Dragoo) Recommendation: 1) Authorize Amendment No. 1 to the Professional Services Agreement with Michael R. McGee, PLS, dba McGee Surveying Consulting, increasing the contract sum by $19,020 for a total not-to-exceed amount of $44,019 for landslide movement surveys and associated reports, with a 15% contingency of $2,850; and, 2) Authorize the Mayor to execute the agreement in a form approved by the City Attorney. G. Consideration and possible action to authorize a professional services agreement with Dudek, Inc. for the preparation of compliance measures related to the City’s 2021-2029 Housing Element Update. (Silva) Recommendation: 1) Approve a professional services agreement with Dudek, Inc. for a term of three years and at a total contract sum of $366,000, that is not to exceed $122,000 annually, for the preparation of compliance measures related to the City’s 2021-2029 Housing Element Update; and, 2) Authorize the Mayor and City Clerk to execute the professional services agreement in a form approved by the City Attorney. H. Consideration and possible action to approve Amendment No. 1 to the Agreement for Public Works Services with Hardy & Harper for roadway repairs within the landslide. (Dragoo) Recommendation: 1) Approve Amendment No. 1 to the Agreement for Public Works Services with Hardy & Harper, Inc,. to increase the contract sum by $250,000 during Fiscal Year 2022-23, thereby increasing the not-to-exceed total Agreement amount from $3,300,500 to $3,550,500, to provide maintenance repairs on roads within landslide areas of the City; 2) Authorize the Mayor and City Clerk to execute Amendment No. 1 to the Public Works Services Agreement, in a form approved by the City Attorney; and, 3) Approve an additional appropriation of $143,000 in Fund 215, Proposition C Landslide Area Resurfacing Program. I. Consideration and possible action to approve Amendment No. 2 to the Contract Services Agreement for City Attorney Legal Services with Aleshire & Wynder, LLP. (Bañales) Recommendation: 1) Approve Amendment No. 2 to the Contract Services Agreement for City Attorney Legal Services with Aleshire & Wynder, LLP increasing all rates for all legal services by the annual CPI-U or three (3) percent, whichever is City Council Agenda February 21, 2023 Page 4 of 8 less effective July 1, 2023; and, 2) Authorize the Mayor and City Clerk to execute the amendment in a form approved by the City Attorney. J. Consideration and possible action to declare an emergency for the sinkhole and associated repair on Hawthorne Boulevard near Seamount Drive/Eddinghill Dri ve. (Dragoo) Recommendation: 1) Adopt Resolution No. 2023-__ “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES FINDING AND DECLARING, BY A FOUR-FIFTHS VOTE OF THE ENTIRE CITY COUNCIL, THAT AN EMERGENCY EXISTS WHICH WILL NOT PERMIT THE COMPETITIVE SOLICITATION OF BIDS TO REPAIR A SINKHOLE LOCATED AT HAWTHORNE BOULEVARD NEAR SEAMOUNT DRIVE/EDDINGHILL DRIVE, AND AUTHORIZING THE CITY MANAGER TO AWARD A CONTRACT TO REPAIR AND REMEDIATE THE SAME”; 2) Approve an appropriation of $480,000; 3) B ased on the competitive solicitation of on-call bids performed by the Los Angeles County Flood Control District, authorize the City Manager and Director of Public Works to finalize negotiations for the emergency repairs not-to-exceed $350,000, with a 20% contingency of $70,000 that can be authorized by the City Manager to execute change orders for unforeseen work during the performance of the emergency repairs; 4) Authorize a Professional Services Agreement in the not-to-exceed amount of $50,000 with Sunbeam Consulting, Inc., with a contingency of $10,000, for related sinkhole repair construction management and inspection services; and, 5) Authorize the emergency repairs to commence upon final negotiations to the scope of work and authorize the Mayor to execute the Sunbeam agreement in a form approved by the City Attorney. 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. 1. Consideration and possible action to conduct the 2022 Annual Review of Green Hills Memorial Park’s compliance with the Conditions of Approval of Conditional Use Permit No. 155 and to approve revisions to CUP No. 155 on property located at 27501 S. Western Avenue (Planning Case No. PLCU2022-0009). (Seeraty) (45 mins) Recommendation: 1) Receive and file a report finding that Green Hills Memorial Park is in compliance with its Conditional Use Permit; and, 2) Adopt Resolution No. 2023-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING REVISION “F” TO THE APPROVED CONDITIONAL USE PERMIT NO. 155 THEREBY AMENDING CONDITION NO. 7 AND City Council Agenda February 21, 2023 Page 5 of 8 APPROVING A MAJOR GRADING PERMIT TO ALLOW THE CONSTRUCTION OF A 2,800 FT2 CREMATORIUM BUILDING WITH 193.4 YD3 OF ASSOCIATED GRADING TO REPLACE THE CEMETERY’S EXISTING CREMATION FACILITY; AND AMENDING CONDITION NO. 12.C, TO REDUCE THE TOTAL NUMBER OF EXISTING PARKING SPACES IN THE ADMINISTRATIVE BUILDING PARKING LOT FROM 95 TO 93. 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 receive an update on a proposed Palos Verdes Historical Society museum. (Waters) (45 mins) Recommendation: 1) Receive and file a status update report on a proposed Palos Verdes Historical Society (PVHS) museum based on City Council direction at its November 15, 2022 meeting; and, 2) If desired, provide Staff direction on how to proceed with the proposed PVHS museum including, but not limited to, if and where the requested building should be located at a City Park, whether the City should consider incurring operating and maintenance costs, whether the City Council- adopted Parks Master Plan should be amended, initiate discussions with the National Park Service, and initiate discussions with Department of Toxic Substances Control, among other things. 3. Consideration and possible action to receive a report on resources available for wildfire residential property insurance coverage for Rancho Palos Verdes residents. (Villalpando) (45 mins) Recommendation: 1) Receive and file a report on resources available for wildfire residential property insurance coverage for Rancho Palos Verdes residents; 2) Direct Staff to pursue the City’s participation in the National Fire Protection Association’s “Firewise USA” program and the Fire Risk Reduction Community designation developed by the state’s Board of Forestry and Fire Protection; 3) Coordinate with the City's Emergency Preparedness Committee in the drafting and mailing of a residential fire insurance information and resources letter to all households, including a survey of residents regarding the affordability and availability of homeowner insurance for future City Council consideration. 4. Consideration and possible action to receive an update on maintenance and repair issues at U.S. Coast Guard properties in Rancho Palos Verdes. (Waters) (45 mins) Recommendation: 1) Receive and file a report on maintenance and repair issues at the two U.S. Coast Guard properties in Rancho Palos Verdes; and, 2) Direct Staff to send a letter, under the Mayor’s signature, expressing a continued interest in acquiring both U.S. Coast Guard Properties that are currently under divestiture 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. City Council Agenda February 21, 2023 Page 6 of 8 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 re port 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 5:30 P.M. on March 7, 2023, for Interviews, followed by a Regular meeting at 7:00 P.M. City Council Agenda February 21, 2023 Page 7 of 8 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 Agenda February 21, 2023 Page 8 of 8 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 a I Y OF RA\CHO DADS 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 Special and Regular Meeting of the City Council for February 21 , 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: 8'-3° 6101 Dated: February 15, 2023 Cl'u-r-/tt4eetekz&_) City Clerk 30940 Hawthorne Boulevard/Rancho Palos Verdes, CA 90275-5391 /(310)544-5217/Fax(310)544-5291 www.rpvca.gov