https://rpvca.zoom.us/j/81973489719
AGENDA
RANCHO PALOS VERDES CITY COUNCIL MEETING
REGULAR MEETING CITY COUNCIL AND *SPECIAL MEETING IMPROVEMENT AUTHORITY DECEMBER 19, 2023
FRED HESSE COMMUNITY PARK, MCTAGGART HALL
29301 HAWTHORNE BOULEVARD, RANCHO PALOS VERDES 90275
6:00 P.M. CLOSED SESSION
7:00 P.M. REGULAR MEETING AND SPECIAL MEETING (IA)
*HYBRID CITY COUNCIL MEETING
The Regular Meeting the City Council and the Special Meeting of the Improvement Authority of December 19, 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.
PUBLIC PARTICIPATION OPTIONS
Public Participation Options
LATE CORRESPONDENCE
Late Correspondence
NEXT RESOLUTION NO. 2023-59
NEXT ORDINANCE NO. 677
NEXT RESOLUTION NO. IA 2023-12
6:00 P.M. CLOSED SESSION
CALL TO ORDER:
Mayor Cruikshank
ROLL CALL:
Councilmember Bradley
Councilmember Ferraro
Councilmember Seo
Mayor Pro Tem Alegria
Mayor Cruikshank
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 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION/CONFERENCE WITH LABOR NEGOTIATORS A closed session will be held, pursuant to Government Code § 54957 and § 54957.6, to conduct, respectively: (i) an employee performance evaluation for the position of City Manager; and (ii) labor negotiation with unrepresented employees (City Manager), with the Finance Director, City Attorney, and City Council, as the City's negotiators(s).
RECESS TO CLOSED SESSION (FIRESIDE ROOM):
RECONVENE TO REGULAR MEETING:
7:00 P.M. - REGULAR MEETING
CALL TO ORDER:
Mayor Cruikshank
ROLL CALL:
Councilmember Bradley
Councilmember Ferraro
Councilmember Seo
Mayor Pro Tem Alegria
Mayor Cruikshank
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 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.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 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 (Zweizig)
Recommendation:
Approve the Minutes of December 5, 2023, Regular Meeting and Special Meeting (Interviews).
Draft Minutes 20231205 Regular Meeting
Draft Minutes 20231205 Special Meeting (Interviews)
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. 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.
Register of Demands (Check Run - 20231122)
Register of Demands (Check Run - 20231208)
C.
Consideration and possible action to appoint City Councilmembers to intergovernmental organizations, associations, and City subcommittees for 2024. (Takaoka) Recommendation:
Appoint the members of the City Council to the various intergovernmental organizations, associations, and City subcommittees for 2024; and, Direct Staff to notify the various agencies of the City Council’s decision.
Agenda Report
D.
Consideration and possible action regarding a claim against the City by Soren Pato. (Sisson) Recommendation:
Reject the claim and direct Staff to notify the claimant, Soren Pato.
Agenda Report
E.
Consideration and possible action regarding a claim against the City by Edgar Mendez. (Sisson) Recommendation:
Reject the claim and direct Staff to notify the claimant, Edgar Mendez.
Agenda Report
F.
Consideration and possible action to receive the October 2023 Cash Balances/Monthly Treasurer’s Report. (Lin) Recommendation:
Receive and file the October 2023 Cash Balances/Monthly Treasurer’s Report for the City and the Improvement Authority.
Agenda Report - City
Agenda Report - IA
G.
Consideration and possible action to approve Amendment No. 3 to the Professional Services Agreement with ParkMobile for app-based parking service in the Del Cerro Park area. (Trautner/Waters) Recommendation:
1) Approve Amendment No. 3 to the Professional Services Agreement with ParkMobile, extending the term by six months to June 30, 2024 and increasing the contract sum by $4,404 for a not-to-exceed total contract sum of $43,392, for an app-based parking service in the Del Cerro Park area on Crenshaw Boulevard, south of Crest Road; and, 2) Authorize the Mayor and City Clerk to execute the amendment in a form approved by the City Attorney.
Agenda Report
H.
Consideration and possible action to approve Amendment No. 2 to the Agreement for Public Works services with Hardy & Harper, Inc. for roadway repairs within the greater Portuguese Bend Landslide. (Awwad) Recommendation:
1) Approve Amendment No. 2 to the Agreement for Public Works Services with Hardy & Harper, Inc., to increase the Agreement sum by $390,000 during Fiscal Year 2023-24, thereby increasing the not-to-exceed total agreement amount from $3,550,500 to $3,940,500 over a five-year period, to provide maintenance repairs on roads within landslide areas of the City; and, 2) Authorize the Mayor and City Clerk to execute Amendment No. 2 to the Public Works Services Agreement, in a form approved by the City Attorney.
Agenda Report
I.
Consideration and possible action regarding the Fiscal Year (FY) 2022-23 Year-End Draft (Unaudited) Financial Report and the FY 2023-24 First Quarter Report. (Loya) Recommendation:
1) Receive and file the FY 2022-23 Year-End Draft (Unaudited) Financial Report; 2) Approve the Purchase Order Carryover Schedule of $6,685,959 from FY 2022-23 to FY 2023-24, thereby, approving the following:
a. Decreasing FY 2022-23 Final Budget for the following: $747,442 (General Fund), $19,557 (Gas Tax), $296,936 (Proposition C), $104,595 (Measure R), $383,163 (Measure M), $11,968 (Ab Cove Sewer), $4,399,781 (Capital Infrastructure Program), $126,973 (State Grant), $390,832 (Federal Grants - ARPA), $203,402 (Quimby), $1,310 (Measure W); and b. Increasing FY 2023-24 Adopted Budget for the same amounts listed in 2(a). 3) Approve Continuing Appropriations of $5,961,931 from FY 2022-23 to FY 2023-24, thereby, approving the following; a. Decreasing FY 2022-23 Final Budget for the following: $107,400 (General Fund), $83,680 (Gas Tax), $240,00 (1911 Act), $203,382 (Prop C), $74,625 (Measure R), $15,900 (Subregion One), $4,000 (Ab Cove Sewer), $120,513 (CDBG), $2,386,802 (Capital Infrastructure Program), $2,479,095 (Federal Grants - ARPA), $224,533 (Quimby), $22,000 (IA Abalone Cove); and, b. Increasing FY 2023-24 Adopted Budget for the same amounts listed in 2(a). 4) Receive and file the FY 2022-23 First Quarter Financial Report.
Agenda Report
J.
Consideration and possible action to review the second biannual 2023 Border Issues report. (Barnes) Recommendation:
1) Receive and file the second biannual report on the status of Border Issues for 2023.
Agenda Report
CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT:
This section is for item(s) that have been pulled from the Consent Calendar, and a member of the public has requested to speak to that item. Each speaker will be limited to three (3) minutes to address the City Council. Those wishing to address the City should refer to the separate cover for public participation options or visit www.rpvca.gov/participate PUBLIC HEARINGS:
This section is for hearings that have been noticed, published, and/or mailed to property owners as required by law. The Mayor will provide an opportunity to members of the public to testify in support of or opposition to the matter being heard. Each speaker will be limited to three (3) minutes to address the City Council. Those wishing to address the City should refer to the separate cover for public participation options or visit www.rpvca.gov/participate.
For appeal hearings, the appellant or their representative speaks first and will generally be allowed ten (10) minutes. If the applicant is different from the appellant, the applicant or their representative will speak following the appellant and will also be allowed ten (10) minutes.
None.
REGULAR BUSINESS:
This section contains items of general business. Prior to the vote of an item, each speaker will be limited to three (3) minutes to address the City Council. Those wishing to address the City should refer to the separate cover for public participation options or visit www.rpvca.gov/participate.
1. Consideration and possible action to receive an update report and to extend the local emergency declaration for the greater Portuguese Bend Landslide Complex. (Awwad/Gerli/Lozano) (60 mins) Recommendation:
1) Receive and file an update report on current conditions from the City Geologist on the Portuguese Bend Landslide Complex; 2) Receive and file a report on the current trail conditions impacted by the Portuguese Bend Landslide Complex within the Palos Verdes Nature Preserve; 3) Receive and file an update report on the project activities responding to land movement within the Portuguese Bend Landslide Complex; 4) Approve an additional appropriation of $200,000 for project activities responding to land movement within the Portuguese Bend Landslide Complex; 5) Receive and file a report on the City Council’s Directive to contact the State Controller’s Office regarding the Klondike Canyon Landslide Abatement District; and, 6) Adopt Resolution No. 2023-___ thereby continuing the local emergency declaration by 60 days until February 10, 2024 as established by Resolution No. 2023-47 adopted on October 3, 2023 and extended by Resolution No. 2023-56 adopted on November 14, 2023.
Agenda Report
PowerPoint Presentation
2. Consideration and possible action to receive a report from Southern California Edison (SCE) regarding frequent power outages in the Grandview Estates neighborhood. (Villalpando) (15 mins) Recommendation:
1) Receive and file a progress update from Southern California Edison (SCE) on addressing frequent power outages in the Grandview Estates neighborhood; 2) If deemed acceptable, consider SCE's request to defer their next detailed progress report to June 2024 contingent upon SCE's commitment to address any emergent issues promptly if they arise before the scheduled update and in coordination with the City Manager: and, 3) Receive and file a presentation on SCE’s Government Advisory Panel (GAP) meeting on the utility’s 2023 implemented initiatives and strategies.
Agenda Report
PowerPoint Presentation (SCE - Grandview Estates Update) PowerPoint Presentation (SCE - GAP & CAP Presentation)
3. Consideration and possible action to receive a status update on Stage 2 of the Civic Center Campus Master Plan. (Waters) (45 mins) Recommendation:
1) Receive and file a status update on Stage 2 of the Civic Center Campus Master Plan and provide direction, as needed, on the following items:
a. Stage 2: Master Plan Design Development
b. Project delivery methods
c. Estimated Stage 2 timeline
d. Federal agencies update
e. Funding sources update
f. City Hall interim improvements update
Agenda Report
PowerPoint Presentation
4. Consideration and possible action to receive a quarterly status report on Fiscal Year 2023-24 City Council Goals. (Sisson) (30 mins) Recommendation:
1) Receive and file a second-quarter status report on the FY 2023-24 City Council Goals.
Agenda Report
PowerPoint Presentation
5. Consideration and possible action to adopt the City’s 2024 Legislative Platform. (Hunter) (15 mins) Recommendation:
1) Adopt Resolution No. 2023-__, a Resolution of the City Council of the City of Rancho Palos Verdes, California, adopting the City’s 2024 legislative platform.
Agenda Report
PowerPoint Presentation
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. January 16, 2024, for a Closed Session Meeting, followed by a Regular meeting at 7:00 P.M.
City Council Agendas and Staff Reports:
The agenda and staff reports are available on the City’s website at www.rpvca.gov/agendas
no later than 72 hours before the meeting.
Materials related to an item on an agenda submitted after distribution of the agenda packet are available on the City’s website at www.rpvca.gov/agendas
by clicking the link titled “Late Correspondence” at the top of the agenda.
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 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 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.
Members of the public who require language assistance are welcome to bring their own interpreter. If you plan to attend with an interpreter, we kindly ask that you notify the City Clerk’s Office in advance so we can help accommodate seating and meeting logistics. For questions or to provide notice, please contact the City Clerk’s Office at (310)544-5217 or via email at [email protected]
. You will be allowed twice the allotted speaking time to facilitate the translation.
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 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:
[email protected]
; 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.