https://rpvca.zoom.us/j/81973489719
AGENDA
RANCHO PALOS VERDES CITY COUNCIL MEETING
AND IMPROVEMENT AUTHORITY REGULAR MEETING
AUGUST 6, 2024
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
HYBRID CITY COUNCIL MEETING
The Regular Meeting of August 6, 2024, 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. 2024-50
NEXT ORDINANCE NO. 686
NEXT RESOLUTION NO. IA 2024-08
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 - PENDING LITIGATION
GC 54956.9(c), (d)(2) and (e)(2)
A closed session will be held, pursuant to government code § 54956.9(c), (d)(2), and (e)(2) because a point has been reached where, in the opinion of the city council, on the advice of the city attorney, based on existing facts and circumstances there is a significant exposure to litigation against the city, which facts and circumstances concern the city's potential liability for remediation of contamination at the BKK landfill in West Covina.
2. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION
GC SECTION 54956.9(c), (d)(2), and (e)(3)
A closed session will be held, pursuant to Government Code § 54956.9(c), (d)(2), and (e)(3) because a point has been reached where, in the opinion of the City Council, on the advice of the City Attorney, based on existing facts and circumstances there is a significant exposure to litigation against the City in the following 22 cases: Donald Schmid; Negar "Nikki" Noushkam: David R. and Shelley Roth; Dennis Jaconi; Patty Perkinson; Frank and Karen Kostrencich; Sarah and Matthew Stelwagen; Robin Pierson; Frank Matura; Michael K. Bible; Steve Morenberg; Christine and Lawrence Williams; Junichi Kasuga and Yuko Kasuga (co-trustees of Kasuga Family Trust); Mark L. Young; David G. French; Mohammadreza Tahmasebi, Delbar Tahmasebi, Shaghayegh Tahmasebi, Shayan Tahmasebi; Paul Galletti (Trustee of Paul C. Galletti Living Trust); Deirdre A. Heimer and Christopher H. Heimer; Michele Smith; Lawrence Stewart Paul and Julie W. Paul; Gregory C. Montgomery and Sandra L. Montgomery,(Trustees of the Gregory and Santra Montgomery Trust, dated December 28, 2005 Amended October 4, 2011); and, Vincent J. Iacono and Theresa Iacono. These claims are available for public inspection at the City Clerk's office.
3. CONFERENCE WITH LEGAL COUNSEL -PENDING LITIGATION
GC SECTION 54956.9(c), (d)(2) and (e)(1)
A closed session will be held, pursuant to Government Code § 54956.9(c), (d)(2) and (e)(1) because a point has been reached where, in the opinion of the City Council, on the advice of the City Attorney, based on existing facts and circumstances there is a significant exposure to litigation against the City in one case, where the facts and circumstances giving rise to an exposure to litigation are believed to be unknown to the putative plaintiff(s).
4. CONFERENCE WITH LEGAL COUNSEL -INITIATION OF LITIGATION GC SECTION 54956.9(c), (d)(4)
A closed session will be held, pursuant to Government Code § 54956.9(c) and (d)(4), because the City Council has decided or is deciding whether to initiate litigation.
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:
BY AFFIRMATION MOVE APPROVAL OF RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING WINNERS:
Lynn Bridgman and Jo-Ann Aguiar
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:
PowerPoint Presentation
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 July 16, 2024 (Regular Meeting)
Draft Minutes
B.
Registers of Demands (Mata)
Recommendation:
1) Adopt Resolution No. 2024-__, 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 2024-__, 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 - City
Register of Demands - IA
C.
Consideration and possible action to receive the June 2024 Cash Balances/Monthly Treasurer?s Reports. (Lin) Recommendation:
Receive and file the June 2024 Cash Balances/Monthly Treasurer’s Report for the City and the Improvement Authority.
Agenda Report - City
Agenda Report - IA
D.
Consideration and possible action to designate voting delegate alternates for the upcoming Cal Cities Annual Business Meeting. (Sisson) Recommendation:
Designate Mayor Cruikshank as the voting delegate with Councilmember Bradley and City Manager Mihranian as the first and second voting delegate alternates for the Cal Cities Annual Business Meeting scheduled for October 18, 2024.
Agenda Report
E.
Consideration and possible action to authorize the Mayor to execute the First Amendment to the Memorandum of Understanding between the City and Los Angeles Gateway Regional Water Management Joint Powers Authority. (Hevener) Recommendation:
Authorize the Mayor to execute the First Amendment to the Memorandum of Understanding between member cities, including Rancho Palos Verdes, and the Gateway Water Management Joint Powers Authority for administration and cost sharing for the implementation of the coordinated compliance, monitoring, and reporting plan for the Dominguez Channel and Los Angeles and Long Beach Harbors Waters Toxic Pollutants total maximum daily loads.
Agenda Report
F.
Consideration and possible action to authorize the City Manager to execute the Transfer Agreement for the Measure W Safe Clean Water Program. (Hevener) Recommendation:
Authorize the Mayor to execute the Transfer Agreement between the Los Angeles County Flood Control District and the City for the Measure W Safe Clean Water Program through Fiscal Year 2027-28.
Agenda Report
G.
Consideration and possible action to reconfirm continuing the emergency justification for work and contract bidding on the Portuguese Bend Landslide Emergency Hydraugers Project. (Copp) Recommendation:
1) Reconfirm, by a four-fifths vote, there is a need to continue the work on the Portuguese Bend Landslide Emergency Hydraugers Project declared by Council-adopted Resolution No. 2024-20 on May 7, 2024, finding an emergency exists requiring immediate action to install hydraugers in the Portuguese Bend Landslide to seek to mitigate the movement of the landslide; and, 2) Direct the City Clerk to confirm the same in the minutes of this City Council meeting, via Minute Order, reflecting this action.
Agenda Report
H.
Consideration and possible action regarding a claim against the City by Edwina Matharu. (Sisson) Recommendation:
Reject the claim and direct Staff to notify the claimant, Edwina Matharu.
Agenda Report
I.
Consideration and possible action to receive a status report on changes to labor codes impacting goat herders (Assembly Bill 1066) for fuel modification services. (Hevener) Recommendation:
Receive and file a status report on changes to labor codes impacting goat herders (Assembly Bill 1066) for fuel modification services.
Agenda Report
J.
Consideration and possible action to approve a restated license agreement between the City and Los Angeles SMSA Limited Partnership for continued operation of a wireless telecommunications facility at the Ken Dyda Civic Center. (City Attorney’s Office) Recommendation:
1) Approve a restated license agreement between the City and Los Angeles SMSA Limited Partnership (DBA Verizon Wireless) for maintenance, minor upgrades, and continued operation of a wireless telecommunications facility at the Ken Dyda Civic Center located at 30940 Hawthorne Boulevard; and, 2) Authorize the Mayor and City Clerk to execute the License Agreement in a form approved by the City Attorney.
Agenda Report
K.
Consideration and possible action to award a Public Works Agreement for the Citywide roadway maintenance for Fiscal Years 2024-2025 through 2028-29 to Hardy & Harper, Inc. (Hernandez) Recommendation:
1) Award a multi-year Public Works Agreement to Hardy and Harper, Inc. for Citywide roadway maintenance services in the amount of $400,087 for Fiscal Year (FY) 2024-25 at a total agreement amount of $2,000,435, with a 10% contingency, over a five-year period plus annual Consumer Price Index (CPI) increases; and, 2) Authorize the Mayor and City Clerk to execute the agreement, in forms approved by the City Attorney.
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 a report on the greater Portuguese Bend Landslide Complex. (Jun/Forbes/Awwad/Gerli) (2 hours 30 mins) Recommendation:
1) Adopt Resolution No. 2024-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES THEREBY CONTINUING THE LOCAL EMERGENCY DECLARATION BY 60 DAYS UNTIL OCTOBER 5, 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, RESOLUTION NO. 2023-61 ADOPTED ON DECEMBER 19, 2023, RESOLUTION NO. 2024-05 ADOPTED ON FEBRUARY 6, 2024, RESOLUTION NO. 2024-13 ADOPTED ON MARCH 19, 2024, RESOLUTION NO. 2024-20 ADOPTED ON MAY 7, 2024, AND RESOLUTION NO. 2024-44 ADOPTED ON JULY 2, 2024; 2) Adopt Resolution No. 2024-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING A LOCAL EMERGENCY DECLARATION BASED ON A SUDDEN AND SEVERE ENERGY SHORTAGE; 3) Ratify a letter signed and sent by the City Manager to CalOES and FEMA requesting individual assistance for residents impacted by the accelerated movement in the Landslide Complex; 4) Ratify a letter signed and sent by the City Manager to the Federal Highway Administration (FHWA) seeking financial assistance for the City to fund repairs to a portion of Palos Verdes Drive South located within the Landslide Complex; 5) Receive and file a report on the status of utilities (including SoCalGas, SCE, CalWater, LA County Public Works, and Communications); 6) Receive and file a report on resource assistance available to residents impacted by land movement; and, 7) Receive and file a report on the process the City's Building and Safety Department will implement to inspect structures within the greater Portuguese Bend Landslide Complex for structural stress.
Agenda Report
PowerPoint Presentation
2. Consideration and possible action to receive a report from Southern California Edison (SCE) providing a status update on the frequency of power outages and long-term measures to mitigate frequent and prolonged power outages in the Grandview Estates neighborhood. (Jun) (60 mins) Recommendation:
1) Receive and file a status report from Southern California Edison (SCE) regarding power outages and mitigation measures in the Grandview Estates neighborhood; and, 2) If deemed acceptable, consider SCE's request to provide a detailed progress report regarding power outages and mitigation measures in the Grandview Estates Neighborhood to the City Council in August 2025 with monthly updates to the City Manager.
Agenda Report
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 6:00P.M. on August 20, 2024, for a Closed Session meeting followed by a 7:00 P.M. Regular meeting.
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.