CC AGD 20230516
*HYBRID CITY COUNCIL MEETING
The Regular Meeting of May 16, 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.
*MEETING AGENDA
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
FRED HESSE COMMUNITY PARK, MCTAGGART HALL
29301 HAWTHORNE BOULEVARD, RANCHO PALOS VERDES 90275
MAY 16, 2023
*COUNCILMAN BRADLEY’S REMOTE PARTICIPATION PURSUANT TO
GOVERNMENT CODE 54959(b) from the following location:
Fairfax Marriott at Fair Oaks 11787 Lee Jackson Memorial Highway, Fairfax, VA 22033
6:00 P.M. –CLOSED SESSION
7:00 P.M. – REGULAR MEETING
NEXT RESOLUTION NO. 2023-19 NEXT ORDINANCE NO. 672
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:
City Council Agenda
May 16, 2023
Page 2 of 8
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 A ct, “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 disc losure
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 LABOR NEGOTIATORS GC SECTION 54957.6
A closed session will be held, pursuant to Government Code § 54957.6, with the City
Manager, Deputy City Manager, and City Attorney, acting as its negotiators, regarding
labor negotiations with the Rancho Palos Verdes Employees’ Association and
AFSCME District Council 36.
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
CLOSED SESSION REPORT:
MAYOR’S ANNOUNCEMENTS: Proclamation recognizing Marymount California
University (MCU) and President Marcotte
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
City Council Agenda
May 16, 2023
Page 3 of 8
APPROVAL OF AGENDA:
PUBLIC COMMENTS FOR NON-AGENDA ITEMS:
During Public Comments any person may address the Council, provided that the item is within the subject matter jurisdiction o f the
Council and is not otherwise on the agenda. Each speaker will be limited to three (3) minutes to address the City Council. Those
wishing to address the City Council should refer to the separate cover for public participation options or visit
www.rpvca.gov/participate.
CITY MANAGER REPORT:
CONSENT CALENDAR:
Items listed under the Consent Calendar consists of routine items and will be approved in one motion. Any member of the Coun cil
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 requeste d 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 May 2, 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.
C. Consideration and possible action to reaffirm continuing emergency repair work for
the storm sewer drainpipe and roadway at Hawthorne Boulevard near Seamount
Drive/Eddinghill Drive. (Awwad)
Recommendation: 1) Reaffirm, by a four-fifths vote, there is a need to continue the
emergency repair work identified by Council-adopted Resolution No. 2023-07 on
February 21, 2023, finding an emergency exists requiring immediate repairs to the
storm sewer drainpipe and roadway at Hawthorne Boulevard near Seamount
Drive/Eddinghill Drive; and, 2) Direct the City Clerk to affirm the same in the minutes
of this City Council meeting, via Minute Order, reflecting this action.
D. Consideration and possible action to adopt Ordinance No. 671 amending the Rancho
Palos Verdes Municipal Code’s Landslide Moratorium Exception Categories to allow
the construction of a pool on one lot in Zone 1 of the City’s Landslide Moratorium
Area. (Berry)
Recommendation: Adopt Ordinance No. 671, AN ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES AMENDING SECTION 15.02.040 (EXCEPTIONS) OF
CHAPTER 15.02 (MORATORIUM ON LAND USE PERMITS) OF THE RANCHO
PALOS VERDES MUNICIPAL CODE RELATED TO LANDSLIDE MORATORIUM
EXCEPTION CATEGORY ‘T’ TO ALLOW THE CONSTRUCTION OF A POOL ON
ONE LOT IN ZONE 1 OF THE CITY’S LANDSLIDE MORATORIUM AREA.
City Council Agenda
May 16, 2023
Page 4 of 8
E. Consideration and possible action to receive the FY 2021-22 Annual Comprehensive
Financial Report (ACFR) of the City of Rancho Palos Verdes and the City’s financial
audit letters. (Ramos)
Recommendation: 1) Receive the FY 2021-22 ACFR of the City of Rancho Palos
Verdes; 2) Receive the FY 2021-22 Statements on Auditing Standards (SAS 114
Letter) from Independent Auditors to those Charged with Governance; and, 3)
Receive the FY 2021-22 Independent Auditors’ Report on Internal Control over
Financial Reporting, Compliance, and other Matters in accordance with Government
Audit Standards (GAS Letter).
F. Consideration and possible action to approve the construction plans and agreement
for the Silver Spur Road North of Hawthorne Boulevard Roadway Rehabilitation
Project. (Awwad)
Recommendation: 1) Approve the plans, specifications, and construction
documents for the Silver Spur Road North of Hawthorne Boulevard Roadway
Rehabilitation Project; 2) Award a construction contract for the Silver Spur Road North
of Hawthorne Boulevard Roadway Rehabilitation Project to Hardy & Harper, Inc., in
the amount of $859,000, with a contingency of 10%, or $85,900, for a total sum of
$944,900; and, 3) Authorize the Mayor and City Clerk to execute the contract, in a
form approved by the City Attorney.
G. Consideration and possible action to enter into an updated wireless license
agreement with Southern California Edison (SCE) for the use of City Hall grounds.
(Bañales)
Recommendation: 1) Approve an updated license agreement with SCE, thereby
retroactively extending the term through June 30, 2032, increasing the annual base
rent to $16,800 with 5% increases every year on July 1 thereafter, and updating the
form of the license agreement to support its wireless facilities on the Ken Dyda Civic
Center monopole; and, 2) Authorize the Mayor and City Clerk to execute the license
agreement in a form acceptable to the City Attorney.
H. Consideration and possible action to authorize a revised final payment for the
completion of the traffic signal at Palos Verdes Drive South and Palos Verdes Drive
East. (O’Neill/Lo)
Recommendation: 1) Authorize the Director of Public Works to make a revised final
payment in the amount of $33,212.59 to Crosstown Electrical & Data, Inc. for the
completion of the Traffic Signal at Palos Verdes Drive South and Palos Verdes Drive
East Project.
CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT:
This section is for item(s) that have been pulled from the Consent Calendar, and a member of the public has requested to spea k to
that item. Each speaker will be limited to three (3) minutes to address the City Council. Those wishing to address the City should refer
to the separate cover for public participation options or visit www.rpvca.gov/participate
PUBLIC HEARINGS:
This section is for hearings that have been noticed, published, and/or mailed to property owners as required by law. The Mayor will
provide an opportunity to members of the public to testify in support of or opposition to the matter being heard. Each speaker will be
City Council Agenda
May 16, 2023
Page 5 of 8
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 review the Fiscal Year 2022-23 year-end
estimates, the FY 2023-24 Preliminary Budget, and estimated fund balances for all
funds, excluding Improvement Authorities. (Loya/Ramos) (30 mins)
Recommendation: 1) Review the FY 2022-23 year-end estimates and approve
Budget Adjustments in the General Fund by reducing the budget in the amount of
$1,805,600 in Personnel and increasing Transfers-Out by $1,169,900 based on the
third quarter year-end estimates. 2) Review the Preliminary FY 2023-24 Budget for
the General Fund and affirm the changes since the Budget Workshop: Increase the
General Fund Revenues by $143,200; Increase the General Fund Personnel costs by
$114,000; Decrease the General Fund Non-Personnel $107,200; Revise General
Fund Transfers-Out; Increase Capital Infrastructure Program (CIP) by $243,200; i.
Add Abalone Cove Sewer Maintenance Fund by $70,000; ii. Retain the unallocated
balance of $715,300 instead of transferring it to the CIP Fund.3) Review and approve
the Preliminary FY 2023-24 Budget consisting of the Capital Infrastructure Program
(CIP) Fund, Special Revenue Funds, and Internal Service Funds, and affirm the
revised list for the FY 2023-24 Capital Improvement Program. 4) Review and provide
direction on the following potential options for reserving funds towards the Civic
Center and Portuguese Bend Landslide Remediation projects: Option 1 (existing):
Pursuant to existing City Council Reserve Policy No. 41, the City Council may assign
the current CIP Reserve for major capital improvements of $5 million to Civic Center
Master Plan and/or Portuguese Bend Landslide Remediation Projects. Option 2:
Subject to the annual budget process and the unrestricted fund balance in CIP, the
City Council may consider increasing the CIP reserves for major capital improvements
of $5 million to $10 million. Option No. 3: Subject to the annual budgeting process, the
City Council may consider transferring a portion or all of the $5 million in a separate
fund for the Civic Center Master Plan and/or Portuguese Bend Landslide Remediation
projects. Option 4: Direct Staff to present the future funding options to the Finance
Advisory Committee and solicit feedback and recommendations that the City Council
may consider at a future meeting. 5) Direct staff to return on June 20, 2023 for the
budget public hearing and budget adoption consideration.
2. Consideration and possible action to review the 2023 Peafowl Census Report.
(Whitten) (30 mins)
Recommendation: 1) Receive and file the 2023 Peafowl Census Report; and, 2)
Direct Staff to continue pausing the peafowl trapping program for 2023.
City Council Agenda
May 16, 2023
Page 6 of 8
3. Consideration and possible action to approve EDCO’s residential solid waste
collection and disposal services rate increase for Fiscal Year 2023-24. (Hevener)
(15 mins)
Recommendation: 1) Approve EDCO’s residential solid waste collection and
disposal rate increase of 6.0% for FY 2023-24; and, 2) Adopt Resolution No. 2023-
____, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA TO APPROVE A RESIDENTIAL SOLID WASTE
COLLECTION AND DISPOSAL SERVICES RATE INCREASE IN THE AMOUNT OF
6% for FY 2023-24.
4. Consideration and possible action to support the Taxpayer Protection and
Government Accountability Act. (Hunter) (15 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; and, 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.
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. June 6, 2023, for Interviews (Emergency Preparedness Committee)
and a Closed Session Meeting, followed by a Regular meeting at 7:00 P.M.
City Council Agenda
May 16, 2023
Page 7 of 8
City Council
Agendas and Staff
Reports:
Agendas and staff reports are available for public review no later than 72 hours before the meeting at City
Hall, 30940 Hawthorne Boulevard during regular business hours, 7:30 A.M. to 5:30 P.M. Monday –
Thursday and 7:30 A.M. to 4:30 P.M. on Friday; Hesse Community Park, 29301 Hawthorne Boulevard
during regular business hours Monday – Friday from 9:00 A.M. until dusk, Saturday and Sunday from
10:00 A.M. until dusk; and on the City’s website www.rpvca.gov.
Materials related to an item on an agenda submitted after distribution of the agenda packet are available
for public inspection at the front counter of the lobby of the City Hall Administration Building at 30940
Hawthorne Boulevard, Rancho Palos Verdes during normal business hours, and electronically on the
City’s website at https://www.rpvca.gov/agendas.
Ordinances: Government Code 36934 provides, except when, after reading the title, further reading is waived by regular
motion adopted by majority vote all ordinances shall be read in full either at the time of introduction or
passage; provided, however, that a reading of the title or ordinance shall not be required if the title is included
on the published agenda and a copy of the full ordinance is made available to the public online and in print
at the meeting prior to the introduction or passage.
Public
Correspondence:
We highly encourage written materials regarding City Council Agenda items be submitted no later than
4:00 P.M. the Monday prior to a City Council meeting to allow the Council Members ample time to review
and consider the issues raised prior to making decisions at the Council meeting. Please keep in mind that
it is difficult for Council Members to carefully review materials submitted after that deadline or at the
meeting. Written materials, including emails, submitted to the City are public records and may be posted
on the City’s website. Accordingly, you may wish to omit personal information from your written materials
or oral presentation as it may become part of the public record regarding an agenda item. In addition, City
meetings may be televised and may be accessed through the City's website at
https://www.rpvca.gov/agendas.
Public Participation: Participants must speak from the podium using the lectern microphone; comments are to be directed to
the City Council and not to the staff or the public; repetition should be avoided; and reading a submission
that has been copied or contained in the agenda will be discouraged. Virtual participation is also offered
please visit https://www.rpvca.gov/participate.
Public Comments: The City Council may limit the public input on any item based on the number of people requesting to
speak, the length of the agenda, or the business of the Council.
Conduct at the
Council Meeting:
Pursuant to GC 54957.95: (a)(1) In addition to authority exercised pursuant to Sections 54954.3 and
54957.9, the presiding member of the legislative body conducting a meeting or their designee may
remove, or cause the removal of, an individual for disrupting the meeting. (2) Prior to removing an
individual, the presiding member or their designee shall warn the individual that their behavior is disrupting
the meeting and that their failure to cease their behavior may result in their removal. The presiding
member or their designee may then remove the individual if they do not promptly cease their disruptive
behavior. This paragraph does not apply to any behavior described in subparagraph (B) of paragraph (1)
of subdivision (b)(1) means engaging in behavior during a meeting of a legislative body that actually
disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is
not limited to, one of the following: (A)A failure to comply with reasonable and lawful regulations adopted by
a legislative body pursuant to Section 54954.3 or any other law. (B) Engaging in behavior that constitutes
use of force or a true threat of force.(2) “True threat of force” means a threat that has sufficient indicia of
intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by
the person making the threat.
Time Estimates: The time noted next to an agenda item is only an estimate of the amount of time that will be spent during
the meeting on that particular item. Accordingly, these estimates should not be relied on in determining
when a matter will be heard, especially since agenda items are often re-ordered during a meeting and
may be discussed at any time.
Continuation of
Meeting:
The City Council will adjourn its meetings on or before 11:00 p.m. and will not consider new business
items after 10:15 p.m., unless a majority of the Council members who are present affirmatively vote either
to extend the meeting after 11:00 p.m. or to consider new business after 10:15 p.m. If the meeting ends
before all items listed on the agenda are completed, any unfinished business will be continued to the next
succeeding day that is not a holiday, at a location to be determined.
Closed Session: Please be advised that, pursuant to the Ralph M. Brown Act, “a person may not disclose confidential
information that has been acquired by being present in a Closed Session . . . to a person not entitled to
receive it, unless the legislative body authorizes disclosure of that confidential information.” (Gov. Code
§ 54963(a).) “[C]onfidential information’ means a communication made in a Closed Session that is
specifically related to the basis for the legislative body of a local agency to meet[] lawfully in Closed
Session . . . .” (Gov. Code § 54963(a).) Please be further advised that any “[v]iolation of [Government
Code § 54963] may be addressed by the use of such remedies as are currently available by law,
including, but not limited to: (1) injunctive relief to prevent the disclosure of confidential information
prohibited by this section; (2) disciplinary action against an [public or city official] who has willfully
disclosed confidential information in violation of this section; (3) referral of a member of a legislative body
City Council Agenda
May 16, 2023
Page 8 of 8
who has willfully disclosed confidential information in violation of this section to a grand jury.” (Gov. Code
§ 54963(c).)
American with
Disabilities Act:
In compliance with the Americans with Disabilities Act, if you require an accommodation to participate in
this meeting, please contact the City Clerk’s Office prior to the meeting at: cityclerk@rpvca.gov; by phone
at 310-544-5217; or mail 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275. The City’s
reasonable accommodation policy is available for review on the City’s website (see City Council Policy
58). Please note that for accommodations that are not readily available, you should make your request as
soon as you can prior to the time of the meeting.
CEQA Compliance
(Changes as of
11/7/22):
Unless stated otherwise on the agenda, every item on the agenda is exempt from CEQA Guidelines
Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15323 and/or Public Resources Code Section
21065.
01203.0001/851364.1
CITY OF RA\C-0 DADS 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 for
May 16, 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: C3'. CA c\M
Dated: May 10, 2023
Clur-(1-avieztek&J
City Clerk
30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 90275-5391 /(310)544-5217/Fax(310)544-5291
www.rpvca.gov