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CC AGD 20230418 AMENDED *HYBRID CITY COUNCIL MEETING The Regular Meeting of April 18, 2023 will take place in accordance with the requirements of the Ralph M. Brown Act, Section 54950 et seq. of the Government Code. Remote participation by any Councilmember shall be in accordance with Subdivisions (b)(3) or (f) of Government Code Section 54953. The meetings are held at Hesse Park, McTaggart Hall, 29301 Hawthorne Boulevard and/or via teleconference for staff/consultants/participants 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 AMENDED AGENDA RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING FRED HESSE COMMUNITY PARK, MCTAGGART HALL 29301 HAWTHORNE BOULEVARD, RANCHO PALOS VERDES 90275 APRIL 18, 2023 *AMENDED TO INCLUDE COUNCILMAN BRADLEY’S REMOTE PARTICIPATION PURSUANT TO GOVERNMENT CODE 54959(b) The Broadmoor Hotel 1 Lake Avenue, Colorado Springs, CO 80906 6:00 P.M. –CLOSED SESSION 7:00 P.M. – REGULAR NEXT RESOLUTION NO. 2023-13 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: City Council Amended Agenda April 18, 2023 Page 2 of 9 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. 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 Rancho Palos Verdes Employees’ Association. 2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION A closed session will be held, pursuant to Government Code § 54956.9(d)(1), to confer with legal counsel regarding pending litigation to which the City is a party. The title of such litigation is as follows: LIMETREE ESTATES LLC, vs. CITY OF RANCHO PALOS VERDES; United States District Court, Central District of California, Case No. 2:23-cv-01420-SVW (PVCx). 3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION A closed session will be held, pursuant to Government Code § 54956.9(d)(1), to confer with legal counsel regarding pending litigation to which the City is a party. The title of such litigation is as follows: CONJUNCTION JUNCTION, LLC vs. ASHLEY E ELLISON, AS TRUSTEE OF THE PORTER TRUST, Los Angeles County Superior Court Case No. 21STCV34889. 4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION A closed session will be held, pursuant to Government Code § 54956.9(d)(1), to confer with legal counsel regarding pending litigation to which the City is a party. The title of such litigation is as follows: CONJUNCTION JUNCTION, LLC vs. CITY OF RANCHO PALOS VERDES & UNITED STATES POSTAL SERVICE; United States District Court, Central District of California Case No. 2:22-cv-07688 JAK (JPRx) RECESS TO CLOSED SESSION (FIRESIDE ROOM): RECONVENE TO REGULAR MEETING: City Council Amended Agenda April 18, 2023 Page 3 of 9 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: 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. Approval of Minutes (Zweizig) Recommendation: Approve the Minutes of April 4 and April 6, 2023, Regular and Adjourned Regular (Budget Workshop) Meetings. 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 City Council Amended Agenda April 18, 2023 Page 4 of 9 CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. C. Consideration and possible action to reaffirm continuing emergency repair work for the storm sewer drainpipe and roadway at Hawthorne Boulevard near Seamount Drive/Eddinghill Drive. (Dragoo) Recommendation: 1) Reaffirm, by a four-fifths vote, there is a need to continue the emergency repair work identified by Council-adopted Resolution No. 2023-07 on February 21, 2023, finding an emergency exists requiring immediate repairs to the storm sewer drainpipe and roadway at Hawthorne Boulevard near Seamount Drive/Eddinghill Drive; and, 2) Direct the City Clerk to affirm the same in the minutes of this City Council meeting, via Minute Order, reflecting this action. D. Consideration and possible action regarding a claim against the City by Jeffrey Lewis (Sisson) Recommendation: Reject the claim and direct Staff to notify the claimant, Jeffrey Lewis. E. Consideration and possible action to receive and appropriate $1.5 million in state funding for Peninsula-wide wildfire detection cameras in Fiscal Year 2022-23. (Villalpando) Recommendation: Approve the appropriation of a $1.5 million state funding allocation for the implementation of the Peninsula-wide network of wildfire detection cameras in FY 2022-23. F. Consideration and possible action to award a professional services agreement for Public Works Senior and Associate Civil Engineer recruitments. (Bañales) Recommendation: 1) Award a professional services agreement (PSA) to Gallagher Benefit Services, Inc., a recruiting firm, to conduct two Public Works Civil Engineer recruitments to fill four vacancies consisting of two Senior Engineers and two Associate Engineer positions, in an amount not to exceed $40,000; and, 2) Authorize the Mayor and City Clerk to execute the PSA in a form acceptable to the City Attorney. G. Consideration and possible action to award a professional services agreement for the preparation of the Annual Engineer’s Report for the Citywide Landscaping and Lighting Maintenance District. (Hevener) Recommendation: 1) Award a professional services agreement to Harris & Associates for the preparation of the Annual Engineer’s Report and associated administrative services for the Fiscal Year 2023-24 Landscaping and Lighting Maintenance District, in the amount of $10,100 with a contingency of $1,515; and, 2) Authorize the Mayor to execute the 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 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 City Council Amended Agenda April 18, 2023 Page 5 of 9 PUBLIC HEARINGS: This section is for hearings that have been noticed, published, and/or mailed to property owners as required by law. The Mayor will provide an opportunity to members of the public to testify in support of or opposition to the matter being heard. Each speake r will be limited to three (3) minutes to address the City Council. Those wishing to address the City should refer to the separate cover for public participation options or visit www.rpvca.gov/participate. For appeal hearings, the appellant or their representative speaks first and will generally be allowed 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 allow ed ten (10) minutes. 1. Consideration and possible action to continue the public hearing regarding a revision to a previously approved Coastal Permit for a Neighborhood Permit Parking Program in the Community of Abalone Cove1 (Case No. PLCP2022-0001). (Silva) (30 mins) 1 Previously known as the West Portuguese Bend Community Recommendation: 1) Continue the public hearing to a date uncertain to allow the Community of Abalone Cove Homeowners Association (HOA) an opportunity to submit a property owner petition demonstrating support for the revised parking program along Seacove Drive and Packet Road; and, 2) Direct Staff to issue a new public notice when a new public hearing date is identified. 2. Consideration and possible action to conduct the 2022 annual review of Trump National Golf Club’s compliance with its maintenance obliga tions relating to trails and open space (Case No. PLMH2023-0001). (Seeraty) (15 mins) Recommendation: Receive and file the 2022 annual review of 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. 3. Consideration and possible action to receive a status report and consider operational options for the ParkMobile parking system on Crenshaw Boulevard, south of Crest Road. (Waters/Trautner) (30 mins) Recommendation: 1) Receive and file a 6-month status report on the operation of the ParkMobile parking system including the ParkMobile Survey results. 2) If desired, provide direction on one or a combination of the following potential options to modify the ParkMobile parking system: a. Convert the ParkMobile parking system to an on- demand model; b. Retain reservation-based parking based on three-hour time blocks and modify the rate to park; c. Retain reservation-based parking and modify the duration of time blocks; d. Extend the current two-hour free weekday block of time to a three-hour free weekday block of time; e. Make no changes to the ParkMobile parking system at this time. 3) Approve Amendment No. 2 to the Professional Services Agreement with ParkMobile, extending the term by one year to December 31, 2023 and increasing the contract sum by $8,808 for a not-to-exceed total contract sum of City Council Amended Agenda April 18, 2023 Page 6 of 9 $39,988, for an app-based parking service in the Del Cerro area on Crenshaw Boulevard, south of Crest Road; and, 4) Authorize the Mayor and City Clerk to execute the amendment in a form approved by the City Attorney. 4. Consideration and possible action to receive a status update on the potential refurbishment and installation of the Marineland Bubbles statue. (Waters) (15 mins) Recommendation: 1) Receive and file a status update on efforts to potentially refurbish and install the Bubbles statue for display at the Point Vicente Interpretive Center (PVIC); and, 2) If desired, direct staff to proceed with issuing a new request for proposals (RFP) for design services for the Marineland Bubbles statue and to include an estimated design cost of $75,000 in the Fiscal Year 2023 -24 budget. 5. Consideration and possible action to adopt and implement the City’s Homelessness Strategic Plan. (Bañales) (30 mins) Recommendation: 1) Receive and file a presentation on the Rancho Palos Verdes Homelessness Strategic Plan; 2) Adopt the Rancho Palos Verdes Homelessness Strategic Plan thereby authorizing Staff to begin implementing the recommended action items; and, 3) Direct Staff to return with a six-month status update on the implementation of the Rancho Palos Verdes Homelessness Strategic Plan. 6. Consideration and possible action to execute Articles of Incorporation, By-Laws, and Conflict of Interest Policy for the City’s future nonprofit RPV Community Foundation. (Wynder) (30 mins) Recommendation: Approve and execute the Articles of Incorporation, By-Laws, and Conflict of Interest Policy for the City’s future nonprofit RPV Community Foundation by taking the following actions (in a single motion): a. Approve the attached RPV Community Foundation Articles of Incorporation and authorize the Mayor and Mayor Pro Tem to execute the same as incorporators; b. Approve the attached By-Laws of the RPV Community Foundation; c. Adopt the attached Conflict of Interest Policy of the RPV Community Foundation; d. Direct Staff and the City Attorney to file the Articles of Incorporation and By-Laws with the California Secretary of State (Form ARTS-PB-501(c)(3)); e. Direct Staff and the City Attorney to file the Conflict of Interest Policy with the California Fair Political Practices Commission; f. Direct Staff and the City Attorney to apply to the Internal Revenue Service (Form IRS 1023) for recognition as a Federal 501(c)(3) tax-exempt foundation; g. Direct Staff and the City Attorney to apply to the California Franchise Tax Board (California Exempt Organization Annual Information Return Form 199 or 199N & 3500A) as a tax-exempt foundation; h. Direct Staff and the City Attorney to register the RPV Community Foundation with the California Attorney General (Form CT-1; Government Code §§ 12580 et seq.); and, i. Direct Staff to prepare and submit to the California Secretary of State an Initial Report within 90 days of incorporation (Form SI -100) of the RPV Community Foundation. 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: City Council Amended Agenda April 18, 2023 Page 7 of 9 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 May 2, 2023, for a Closed Session, followed by a Regular meeting at 7:00 P.M. City Council Amended Agenda April 18, 2023 Page 8 of 9 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 April 18, 2023 Page 9 of 9 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 DALOS 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 April 18, 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: � � » cnIm Dated: April 12, 2023 City Clerk 30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 90275-5391 /(310)544-5217/Fax(310)544-5291 www.rpvca.gov B:srtRz`,sr?tF: A' CITY OF RANCHO PALOS VERDES STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF RANCHO PALOS VERDES) AFFIDAVIT OF AGENDA POSTING I f h employee of The Broadmoor Hotel declare as follows: Na e Name of Hotel I certify under penalty of perjury that I have conspicuously posted a copy of the agenda for the Regular Meeting of the City Council of Rancho Palos Verdes for April 18, 2023, on the Bulletin Board/Information Board, at The Broadmoor Hotel Date Name of Hotel located at I Lake Avenue Colorado Springs CO 80906, at the time and date Street Address, City, State, Zip Code indicated below. Time: Lt P 1/Y\ c,2: I , •/ Dated: N I Employe Signature 30940 Hawthorne Boulevard /Rancho Palos Verdes, CA 90275-5391 /(310)377-0360/Fax (310)544-5291 cit ycrlerkf53 vca.rnv