Loading...
CC AGD 20230606 AMENDED *HYBRID CITY COUNCIL MEETING The Regular Meeting of June 6, 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 Committee/Commission member 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. *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 JUNE 6, 2023 5:30 P.M. – SPECIAL MEETING for ADVISORY BOARD INTERVIEWS followed immediately by the 6:00 P.M. CLOSED SESSION 7:00 P.M. – REGULAR MEETING *Amended to include CLOSED SESSION ITEM NO. 3* NEXT RESOLUTION NO. 2023-22 NEXT ORDINANCE NO. 672 NEXT RESOLUTION NO. IA 2023-05 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 City Council Amended Agenda June 6, 2023 Page 2 of 9 PUBLIC COMMENTS FOR CLOSED SESSION: This section is intended to provide members of the public with the opportunity to comment on listed Closed Session items. Each speaker will be limited to three (3) minutes to address the City Council. Those wishing to address the City Council should refer to the separate cover for public participation options or visit www.rpvca.gov/participate CLOSED SESSION ITEM(S): All Statutory References are to California Government Code Sections. Please be advised that, pursuant to the Ralph M. Brown Act, “a person may not disclose confidential information that has been acquired by being present in a Closed Session . . . to a person not entitled to receive it, unless the legislative body authorizes disclosure of that confidential information.” (Gov. Code § 54963(a).) “[C]onfidential information’ means a communication made in a Closed Session that is specifically related to the basis for the legislative body of a local agency to meet[] lawfully in Closed Session . . . .” (Gov. Code § 54963(a).) Please be further advised that any “[v]iolation of [Government Code § 54963] may be addressed by the use of such remedies as are currently available by law, including, but not limited to: (1) injunctive relief to prevent the disclosure of confidential information prohibited by this section; (2) disciplinary action against an [public or city official] who has willfully disclosed confidential information in violation of this section; (3) referral of a member of a legislative body who has willfully disclosed confidential information in violation of this section to a grand jury.” (Gov. Code § 54963(c).) Additionally, per Subsection (b) (Confidentiality) of Section 3.6 (Closed Session Meetings) of Chapter 3 (Types of Meetings) of the City Council Rules of Procedure is amended to read as follows: Confidentiality. No person attending a closed session shall publicly discuss or otherwise reveal the discussion, content, and/or proceedings of the closed session unless such 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 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 NEGOTIATORS GC SECTION 54957.6 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 and AFSCME District Council 36. 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: Tansavatdi v. City of Rancho Palos Verdes, Los Angeles Superior Court Case Nos. BC633651/BC652435; Second District Court of Appeal Case No. B293670; California Supreme Court Case No. S267453. 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: Limetree Estates, LLP v. City of Rancho Palos Verdes, United State District Court for the Central District of California, Case No. 2:23 -CV- 01420-SVW-PVC RECESS TO CLOSED SESSION (FIRESIDE ROOM): RECONVENE TO REGULAR MEETING: 7:00 P.M. – REGULAR MEETING City Council Amended Agenda June 6, 2023 Page 3 of 9 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 (Sisson) Recommendation: Approve the Minutes of May 16, 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. City Council Amended Agenda June 6, 2023 Page 4 of 9 C. Consideration and possible action to Consideration and possible action to receive the March 2023 Cash Balances/Monthly Treasurer’s Report. (Lin) Recommendation: Receive and file the March 2023 Cash Balances/Monthly Treasurers' Reports for the City and the Improvement Authority. D. Consideration and possible action to cancel the July 5, 2023, City Council meeting. (Takaoka) Recommendation: (1) Approve the cancellation of the July 5, 2023, City Council meeting. E. Consideration and possible action to appoint Chairpersons to the Planning Commission and the various City advisory boards. (Sisson) Recommendation: (1) Appoint a Chair to the Planning Commission and five City advisory boards: Civic Center Advisory Committee, Emergency Preparedness Committee, Finance Advisory Committee, Infrastructure Management Advisory Committee, and Traffic Safety Committee. F. Consideration and possible action to authorize the City Clerk to file a Notice of Completion for the Hawthorne Boulevard Sinkhole at Seamount Drive/Eddinghill Drive Project. ( Awwad) Recommendation: (1) Accept the Hawthorne Boulevard Sinkhole at Seamount Drive/Eddinghill Drive Project as complete; (2) Authorize the City Clerk to file a Notice of Completion for the project with the Los Angeles County Registrar-Recorder’s Office; and if no claims are filed within 35 days after recordation, send a notice to th e surety company to exonerate the Performance Bond; (3) Authorize the Director of Public Works to release the 5% construction retention payment to Clarke Contracting Corporation, 35 days after recordation of the Notice of Completion by the Los Angeles County Registrar-Recorder’s Office, contingent upon no claims being filed on the project; and (4) Approve an appropriation of $75,000 in Measure R funds to pay a portion of the project cost and reduce the use of Capital Improvement Program (CIP) funds by the same amount. G. Consideration and possible action to authorize the City Clerk to file a Notice of Completion for the Rattlesnake Trailhead Gate and Fence Project. (Awwad) Recommendation: (1) Accept the Rattlesnake Trailhead Gate and Fence Project as complete; (2) Authorize the City Clerk to file a Notice of Completion for the project with the Los Angeles County Registrar-Recorder’s Office; and if no claims are filed within 35 days after recordation, send a notice to the surety company to exonerate the Performance Bond; and (3) Authorize the Director of Public Works to release the 5% construction retention payment to Coastal Iron Works Corp., 35 days after recordation of the Notice of Completion by the Los Angeles County Registrar-Recorder’s Office, contingent upon no claims being filed on the project, and the contractor posting an acceptable warranty bond with the City. H. Consideration and possible action to authorize the City Clerk to file a Notice of Completion for the Redondela Drive Area Americans with Disabilities Act (ADA) Improvements Project. (Awwad) City Council Amended Agenda June 6, 2023 Page 5 of 9 Recommendation: (1) Accept the Redondela Drive Area ADA Improvements Project as complete; (2) Authorize the City Clerk to file a Notice of Completion for the project with the Los Angeles County Registrar-Recorder’s Office; and if no claims are filed within 35 days after recordation, send a notice to the surety company to exonerate the Performance Bond; and (3) Authorize the Director of Public Works to release the 5% construction retention payment to CT&T Concrete Paving, Inc., 35 days after recordation of the Notice of Completion by the Los Angeles County Registrar- Recorder’s Office, contingent upon no claims being filed on the project, and the contractor posting an acceptable warranty bond with the City. I. Consideration and possible action to approve Amendment No. 1 to the Professional Services Agreement with Express Sign and Neon to fabricate and install additional City entry gateway signs. (Waters) Recommendation: (1) Approve Amendment No. 1 to the Professional Services Agreement with Express Sign and Neon to increase the agreement amount from $351,750 to $429,390, with a contingency of 10% or $42,939, and extending the term from June 7, 2023 to December 6, 2023, to fabricate and install three additional City entry gateway signs and remove and dispose of existing signage; and (2) Authorize the Mayor and City Clerk to execute Amendment No. 1 to the Professional Services Agreement with Express Sign and Neon in a form approved by the City Attorney . J. Consideration and possible action to affirm letters signed by the City Manager in support of Assembly Bill (AB) No. 584 (Coastal Development Emergency Waiver), Senate Bill (SB) No. 363 (Mental Health Database), and letters of opposition to AB 1484 (Temporary Public Employees), SB 4 (Housing Development Higher Education), and SB 423 (Streamlined Multi-family Housing Developments). (Hunter) Recommendation: Affirm the position letters for AB 584, SB 363, AB 1484, SB4, and SB 423. 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 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 allowed ten (10) minutes. 1. Consideration and possible action to adjust the existing annual sewer service charge for Fiscal Year 2023-24 for the Abalone Cove Sewer System. (Awwad) (15 mins) Recommendation: (1) Conduct a public hearing on the proposed levy of the annual FY 2023-24 sewer service charge for the Abalone Cove Sewer System; and (2) Adopt Resolution No. 2023-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF City Council Amended Agenda June 6, 2023 Page 6 of 9 RANCHO PALOS VERDES APPROVING A REPORT IN CONNECTION WITH THE SEWER SERVICE CHARGE ESTABLISHED PURSUANT TO CHAPTER 13.06 OF THE RANCHO PALOS VERDES MUNICIPAL CODE, DETERMINING THE AMOUNT OF SUCH CHARGE FOR FISCAL YEAR 2023-24, AND ORDERING THAT SUCH CHARGE BE COLLECTED ON THE TAX ROLL. 2. Consideration and possible action to renew Conditional Large Domestic Animal Permit No. 5 for the Portuguese Bend Pony Club at 2 West Pomegranate for an additional 10 years (CASE NO. PLDC2023-0001). (Berry) (15 mins) Recommendation: (1) Adopt Resolution No. 2023 - __, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING A REQUEST TO RENEW CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 5 FOR PORTUGUESE BEND PONY CLUB AT 2 WEST POMEGRANATE ROAD FOR AN ADDITIONAL 10 YEARS (CASE NO. PLDC2023-0001). 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 appoint two members to the Emergency Preparedness Committee. (Sisson) (15 mins) Recommendation: (1) By majority vote of the entire City Council, appoint two members to the Emergency Preparedness Committee, with a term of office ending June 2026. 4. Consideration and possible action to receive a report from Southern California Edison (SCE) regarding frequent power outages in the Grandview Estates neighborhood. (Bañales) (30 mins) Recommendation: Receive and file a report from SCE on its short-term and long- term action plan and timeline for correcting power outage issue s in the Grandview Estates neighborhood. 5. Consideration and possible action regarding the Citywide Landscaping and Lighting Maintenance District for Fiscal Year 2023-24. (Hevener) (15 mins) Recommendation: (1) Adopt Resolution No. 2023-___, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DECLARING ITS INTENTION TO SET THE LEVY AT ZERO WITHIN THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 2023-2024 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE; and (2) Adopt Resolution No. 2023-___, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING THE ENGINEER’S REPORT AND DECLARING ITS INTENTION TO SET THE LEVY AT ZERO WITHIN THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 2023-24 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, CODIFIED AS PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS City Council Amended Agenda June 6, 2023 Page 7 of 9 AND HIGHWAYS CODE, AND APPOINTING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. 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 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 6:00 P.M. on June 20, 2023, for a Closed Session meeting followed by a 7:00 P.M. Regular meeting. City Council Amended Agenda June 6, 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 June 6, 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 L .. ... CITY OF RA`C-10 PALOS VERDFS STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF RANCHO PALOS VERDES) AFFIDAVIT OF AGENDA POSTING I, Teresa Takaoka, declare as follows: That I am the City Clerk of the City of Rancho Palos Verdes; that I hereby affirm that a copy of the Amended agenda for the Regular Meeting of the City Council and Improvement Authority for June 6, 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. ZIA Time: l23oM Dated: May 31, 2023 City Clerk 30940 Hawthorne Boulevard/Rancho Palos Verdes, CA 90275-5391 /(310)544-5217/Fax(310)544-5291 www.rpvca.gov 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 and Improvement Authority for June 6, 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. One Time: coo f16-Aolor Dated: May 30, 2023 City Clerk 30940 Hawthorne Boulevard/Rancho Palos Verdes, CA 90275-5391 /(310) 544-5217/Fax(310) 544-5291 www.rpvca.gov