https://rpvca.zoom.us/j/81973489719
AGENDA
RANCHO PALOS VERDES CITY COUNCIL MEETING
REGULAR MEETING
SEPTEMBER 17, 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 September 17, 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 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.
REMOTE PARTICIPATION BY COUNCILMAN BRADLEY
PURSUANT TO GOVERNMENT CODE 54959(b)
WAILEA BEACH RESORT (MAUI)
3700 Wailea Alanui Drive
Wailea, HI 96753
LATE CORRESPONDENCE
Late Correspondence
PUBLIC PARTICIPATION OPTIONS
Public Participation Options
NEXT RESOLUTION NO. 2024-58
NEXT ORDINANCE NO. 688
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
GC § 54956.9 (c) and (d)(1)
A closed session will be held, pursuant to Government Code § 54956.9(c), (d)(1) regarding existing litigation regarding application by Southern California Edison Company (U-338-E) For Authority to Recover Costs Related to the 2017 Thomas Fire and 2018 Debris Flow Events Recorded in the Wildfire Expense Memorandum Account and Catastrophic Event Memorandum Account, CPUC Application No. 23-08-013.
2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
GC § 54957, 54957.6
A closed session will be held, pursuant to Government Code § 54957 to conduct an employee performance evaluation and discuss compensation for the position of City Attorney.
3. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION GC § 54956.9(c), (d)(4).
A closed session will be held, pursuant to Government Code §54956.9(c), (d)(4), because based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation.
4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
GC 54956.9(c), (d)(1).
A closed session will be held, pursuant to Government Code §54956.9(c), (d)(1), to confer with legal counsel regarding existing litigation to which the City is a party. The title of such litigation is as follows: Anderson at al. v. City of Rancho Palos Verdes et al., Los Angeles Superior Court Case No. 24STCV20953.
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:
Frank Karmelich and Reza Eskandari
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 (Sisson)
Recommendation:
Approve the Minutes of September 3, 2024 (Regular and Special Meetings).
Draft Minutes 20240903 Regular Meeting
Draft Minutes 20240903 Special Meeting
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.
Register of Demands
C.
Consideration and possible action to install surveillance cameras for City-owned open space areas and parking lots. (Waters) Recommendation:
1) Receive and file a report on a proposed surveillance camera pilot program for use in some City-owned open space areas and parking lots; and, 2) If deemed acceptable, as an expanded pilot program, authorize Staff to purchase, install, and maintain an annual subscription of 12 Tactacam Reveal surveillance cameras to be located at nine open space areas and City-owned parking lots.
Agenda Report
D.
Consideration and possible action regarding a claim against the City by Adriana Williams. (Sisson) Recommendation:
Reject the claim and direct Staff to notify the claimant, Adriana Williams Agenda Report
E.
Consideration and possible action regarding a claim against the City by Wael Abdallah. (Sisson) Recommendation:
Reject the claim and direct Staff to notify the claimant, Wael Abdallah.
Agenda Report
F.
Consideration and possible action regarding a claim against the City by Olivia Clemens. (Sisson) Recommendation:
Reject the claim and direct Staff to notify the claimant, Olivia Clemens.
Agenda Report
G.
Consideration and possible action regarding a claim against the City by Michele Fischer. (Sisson) Recommendation:
Reject the claim and direct Staff to notify the claimant, Michele Fischer Agenda Report
H.
Consideration and possible action to regarding a claim against the City by Alexander Yoon. (Sisson) Recommendation:
Reject the claim and direct Staff to notify the claimant, Alexander Yoon.
Agenda Report
I.
Consideration and possible action to reassign a professional services agreement for state lobbying services with Renne Public Policy Group, LLP to California Public Policy Group Inc. effective October 1, 2024. (Jun) Recommendation:
1) Approve Amendment No. 3 to the professional services agreement (PSA) to reassign state lobbying services with Renne Public Policy Group, LLP (RPPG) to California Public Policy Group, Inc. (CPPG) effective October 1, 2024; and, 2) Authorize the Mayor and City Clerk to execute Amendment No. 3 to the PSA, in a form acceptable to the City Attorney.
Agenda Report
J.
Consideration and possible action to accept 11 Gifts for Parks donations received between April 1 and August 31, 2024. (Fox) Recommendation:
1) Accept 11 Gifts for Parks donations received between April 1 and August 31, 2024; and 2) Authorize the Mayor to sign the donor letters of appreciation on behalf of the City Council.
Agenda Report
K.
Consideration and possible action to approve the Storm Drain Improvements at Peacock Ridge Project. (Sunwoo) Recommendation:
1) Approve the plans, specifications, and construction documents for the Storm Drain Improvements at Peacock Ridge Project; 2) Award a construction contract for the Storm Drain Improvements at Peacock Ridge Project to OrangeBlue, in the amount of $203,600, with a contingency of 10%, or $20,400, for a total amount of up to $224,000; and, 3) Authorize the Mayor and City Clerk to execute the contracts, in forms approved by the City Attorney.
Agenda Report
L.
Consideration and possible action to award a Public Works Agreement to Stay Green, Inc. for landscape maintenance and related services for Fiscal Year 2024-25 through 2028-29. (Hernandez) Recommendation:
1) Award a Public Works Agreement to Stay Green Inc. for landscape maintenance and related services for Fiscal Year 2024-25 through 2028-29 as follows: a. In the amount of $1,766,250 for October 1, 2024 through June 30, 2025 for October 1, 2024 through June 30, 2025; b. In the amount of $2,211,000 plus cumulative annual consumer price index (CPI) increases for Fiscal Years 2025-26 through 2028-29; c. A 10% annual contingency after application of CPI increase; 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 an informational report on the Southern California Edison Utility Undergrounding Program. (Mesker) (15 mins) Recommendation:
Receive and file an informational report on the Southern California Edison (SCE) Utility Undergrounding Program.
Agenda Report
2. Consideration and possible action to approve the Western Avenue Storefront Improvement Program. (Forbes) (15 mins) Recommendation:
1) Approve the Western Avenue Storefront Improvement Program ("Program") consisting of the program guidelines documents, grant agreement template, grant application form; and, 2) Direct Staff to initiate the Program.
Agenda Report
3. Consideration and possible action to receive a first quarter status report on Fiscal Year (FY) 2024-25 City Council Goals. (Jun) (15 mins) Recommendation:
Receive and file a first-quarter status report on the FY 2024-25 City Council Goals.
Agenda Report
4. Consideration and possible action to hold a 2024 Winter Festival event at the Ken Dyda Civic Center. (Rodin) (15 mins) Recommendation:
1) Affirm conducting a 2024 Winter Festival event at Ken Dyda Civic Center; 2) If affirmed, identify one of the following options for the 2024 Winter Festival event: a. A tree and menorah lighting with a synthetic skating rink; b. A tree and menorah lighting with a roller-skating rink; c. A tree and menorah lighting with a one-day winter festival with snow and sledding; and, 3) Direct Staff to return with the appropriate agreement to conduct the Winter Festival.
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 October 1, 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.