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CC AGD 20230718 (IA SPC)CITY OF RANCHO PALOS VERDES *HYBRID CITY COUNCIL MEETING The Regular/Special Meeting* of July 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 PVPty 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 JULY 18, 2023 7:00 P.M. — REGULAR MEETING/SPECIAL MEETING OF IMPROVEMENT AUTHORITY* NEXT RESOLUTION NO. 2023-35 NEXT ORDINANCE NO. 672 NEXT RESOLUTION NO. IA 2023-07 EF77-7777 6:00 P.M. CLOSED SESSION CALL TO ORDER: Mayor Ferraro ROLL CALL: Councilmember Alegria Councilmember Bradley Councilmember Seo Mayor Pro Tem Cruikshank Mayor Ferraro PUBLIC COMMENTS FOR CLOSED SESSION: This section is intended to provide members of the public with the opportunity to comment on listed Closed Session items. Each speaker will be limited to three (3) minutes to address the City Council. Those wishing to address the City Council should refer to the separate cover for public participation options or visit www.rpvca.gov/participate 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 meetL7 lawfully in Closed Session .... " (Gov. Code § 54963(a).) Please be further advised that any (v]iolation of (Government Code § 549631 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 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 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). 2. CONFERENCE WITH LABOR NEGOTIATOR A closed session will be held, pursuant to Government Code § 54957.6, with the City Manager, Deputy City Manager, and City Attorney, acting as its negotiators, regarding labor negotiations with the American Federation of State, County, and Municipal Employees District Council 36 (AFSCME DC36). 3. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION A closed session will be held, pursuant to Government Code § 54956.9(d)(4), because the City is considering whether to initiate litigation in two (2) cases. 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 City Council/Improvement Authority Agenda July 18, 2023 Page 2of8 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 of 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. rp vca. goy/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 after 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 June 20, 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, 1) 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 David Alessi. (Sisson) Recommendation: Reject the claim and direct Staff to notify the claimant, David Alessi. D. Consideration and possible action to designate voting delegate alternates for the upcoming Cal Cities Annual Business Meeting. (Takaoka) Recommendation: Designate Councilman Seo and City Manager Mihranian as the first and second voting delegate alternates for the Cal Cities Annual Business Meeting City Council/Improvement Authority Agenda July 18, 2023 Page 3 of 8 scheduled for September 22, 2023, as Mayor Pro Tem Cruikshank, the voting delegate, is unable to attend. E. Consideration and possible action to clarify numerical section headings in Chapter 15.18 (Administrative Code) of Title 15 (Buildings and Construction) of the Rancho Palos Verdes Municipal Code. (Brown) Recommendation: Introduce Ordinance No. , AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CLARIFYING NUMERICAL SECTION HEADINGS IN CHAPTER 15.18 (ADMINISTRATIVE CODE) OF TITLE 15 (BUILDINGS and CONSTRUCTION) OF THE RANCHO PALOS VERDES MUNICIPAL CODE. F. Consideration and possible action to approve an amendment to the Joint Powers Agreement with the Los Angeles Regional Agency for solid waste reporting and programs. (Hevener) Recommendation: 1) Adopt Resolution 2023-, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES CALIFORNIA APPROVING AN AMENDED AND RESTATED JOINT POWERS AGREEMENT WITH THE LOS ANGELES REGIONAL AGENCY (LARA); and, 2) Authorize the City Manager to execute the Amended and Restated Joint Powers Agreement with the Los Angeles Regional Agency. G. Consideration and possible action to receive the 2022 Annual Report for the Palos Verdes Nature Preserve. (Lozano) Recommendation: 1) Receive and file the 2022 Annual Report for the Palos Verdes Nature Preserve; and, 2) Authorize the City Manager to sign the Annual Report Certification Statement required by the U.S. Fish and Wildlife Service. H. Consideration and possible action to approve Amendment No. 1 to the Contract Services Agreement with Griffin Structures for project management services for the Rancho Palos Verdes Civic Center Master Plan Project. (Lo) Recommendation: 1) Approve Amendment No. 1 to the Contract Services Agreement with Griffin Structures in the amount of $21,857, thereby increasing the agreement amount from $148,029 to $169,886 and extending the term by one additional year to February 14, 2024; and, 2) Authorize the Mayor and City Clerk to execute the amendment in a form approved by the City Attorney. Consideration and possible action to receive and file the June 2022 Cash Balances/Monthly Treasurers' Reports. (Lin) Recommendation: Receive and file the June 2022 Cash Balances/Monthly Treasurer's Report for the City and the Improvement Authority. J. Consideration and possible action to receive and file the April 2023 Cash Balances/Monthly Treasurers' Reports. (Lin) Recommendation: Receive and file the April 2023 Cash Balances/Monthly Treasurer's Report for the City and the Improvement Authority. City Council/Improvement Authority Agenda July 18, 2023 Page 4 of 8 K. Consideration and possible action to receive and file the May 2023 Cash Balances/Monthly Treasurers' Reports. (Lin) Recommendation: Receive and file the May 2023 Cash Balances/Monthly Treasurer's Report for the City and the Improvement Authority. 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.aov/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.aov/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. Consideration and possible action to approve setting the Citywide Landscaping and Lighting Maintenance District levy to zero for Fiscal Year 2023-24. (Hevener) (15 mins) Recommendation: 1) Conduct a public hearing for the proposed levy of the Citywide Landscaping and Lighting Maintenance District for Fiscal Year 2023-24; and, 2) Adopt Resolution No. 2023-_, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DECLARING 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, PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE. 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. rpyca. goy/participate. 2. Consideration and possible action to review the work plans and biannual reports from various City advisory boards and the Planning Commission. (Banales) (30 mins) Recommendation: 1) Receive and file the biannual reports for the Fiscal Year 2022- 23 work plans from the City's Advisory Boards and Planning Commission; and, 2) Approve the work plans for the City's Advisory Boards and Planning Commission for FY 2023-24. 3. Consideration and possible action to establish a Youth Advisory Committee. (Banales) (15 mins) Recommendation: 1) Adopt City Council Policy No. 54A, establishing a Youth Advisory Committee; and, 2) Select two City Council members to serve as the Youth Advisory Committee subcommittee. City Council/Improvement Authority Agenda July 18, 2023 Page 5of8 4. Consideration and possible action to support the Taxpayer Protection and Government Accountability Act. (Hunter) (30 mins) Recommendation: 1) Review the Taxpayer Protection and Government Accountability Act language, that qualified as a 2024 state ballot measure, to determine if the City Council should take a position of support. 2) If deemed acceptable, adopt Resolution No. 2023-_, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES SUPPORTING THE TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT; AND, 3) AUTHORIZE THE MAYOR TO SIGN ADDRESSED TO THE GOVERNOR, OTHER ELECTED OFFICIALS, AND STAKEHOLDERS REGARDING GOVERNMENT FINANCIAL TRANSPARENCY. 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. August 1, 2023, for a Closed Session Meeting, followed by a Regular meeting at 7:00 P.M. City Council/Improvement Authority Agenda July 18, 2023 Page 6of8 City Council Agendas and staff reports are available for public review no later than 72 hours before the meeting at City Agendas and Staff Hall, 30940 Hawthorne Boulevard during regular business hours, 7:30 A.M. to 5:30 P.M. Monday — Reports: 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 We highly encourage written materials regarding City Council Agenda items be submitted no later than Correspondence: 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 hftl)s://www.rpvca.gov/acendas. 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.rpyca.goy/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 Pursuant to GC 54957.95: (a)(1) In addition to authority exercised pursuant to Sections 54954.3 and Council Meeting: 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 The City Council will adjourn its meetings on or before 11:00 p.m. and will not consider new business Meeting: 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/Improvement Authority Agenda July 18, 2023 Page 7 of 8 who has willfully disclosed confidential information in violation of this section to a grand jury." (Gov. Code § 54963(c).) American with In compliance with the Americans with Disabilities Act, if you require an accommodation to participate in Disabilities Act: this meeting, please contact the City Clerk's Office prior to the meeting at: cityclerk(a�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 Unless stated otherwise on the agenda, every item on the agenda is exempt from CEQA Guidelines (Changes as of Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15323 and/or Public Resources Code Section 11/7/22): 21065. 01203.0001/851364.1 City Council/Improvement Authority Agenda July 18, 2023 Page 8of8 CITY OF IANCHO 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 the Special Meeting for the Improvement Authority for July 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: Dated: 2;SopH July 12, 2023 C�u�la,�c�Gzr,�J 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 ) AFFIDAVIT OF GIVING NOTICE OF A SPECIAL COUNTY OF LOS ANGELES ) ss CITY COUNCIL MEETING —IMPROVEMENT CITY OF RANCHO PALOS VERDES) AUTHORITY I, Teresa Takaoka, City Clerk, hereby certify that the Notice and Call of a special meeting of the Rancho Palos Verdes City Council for the Improvement Authority, a copy of which is attached hereto, was given by email to each member of the City Council and was also sent by email to each newspaper of general circulation that has requested such notice in writing on July 11, 2023, by 9:30 P.M. ERIC ALEGRIA 30940 HAWTHORNE BLVD. RANCHO PALOS VERDES, CA 90275 Email: eric.alegria@rpvca.gov DAVID BRADLEY 30940 HAWTHORNE BLVD. RANCHO PALOS VERDES, CA 90275 Email: david.bradley@rpvca.gov JOHN CRUIKSHANK 30940 HAWTHORNE BLVD. RANCHO PALOS VERDES, CA 90275 Email: john.cruikshank@rpvca.gov PAULSEO 30940 HAWTHORNE BLVD. RANCHO PALOS VERDES, CA 90275 Email: paul.seo@rpvca.gov BARBARA FERRARO 30940 HAWTHORNE BLVD. RANCHO PALOS VERDES, CA 90275 Email: barbara.ferraro@rpvca.gov Dated: July 11, 2023 LOS ANGELES TIMES 202 W. 1" Street Los Angeles, CA 90012 Email: newstips@latimes.com PALOS VERDES NEWS 609 DEEP VALLEY DRIVE, SUITE 200 ROLLING HILLS ESTATES, CA 90274 Email: magarcia@scng.com DAILY BREEZE, EDITOR 21250 HAWTHORNE BLVD. #170 TORRANCE, CA 90503 Email: tbray@scng.com WILLIAM W. WYNDER, CITY ATTORNEY ALESHIRE & WYNDER, LLP 2361 ROSECRANS AVENUE, SUITE 475 EL SEGUNDO, CA 900245-4916 Email: wwvnder@awattorneys.com Teresa Takaoka, City Clerk 30940 Hawthorne Boulevard / Rancho Palos Verdes, CA 90275-5391 / (310) 544-5208 / Fax (310) 544-5291 www.rpvca.gov