CC AGD 20230801
CITY COUNCIL MEETING
The Regular Meeting of August 1, 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 Committee/Commission member 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 AND IMPROVEMENT AUTHORITY
REGULAR MEETING
FRED HESSE COMMUNITY PARK, MCTAGGART HALL
29301 HAWTHORNE BOULEVARD, RANCHO PALOS VERDES 90275
AUGUST 1, 2023
6:00 P.M. CLOSED SESSION
7:00 P.M. – REGULAR MEETING
NEXT RESOLUTION NO. 2023-38 NEXT ORDINANCE NO. 673
NEXT RESOLUTION NO. IA 2023-08
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
August 1, 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 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 th is 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: City of
Rancho Palos Verdes, et al. v. Bonta, et al., Los Angeles Superior Court
Case No. 22STCP02369.
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:
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
City Council Agenda
August 1, 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 July 18, 2023, Regular Meeting.
B. Registers of Demands (Mata)
Recommendation: 1) Adopt Resolution No. 2023-__, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ALLOWING
CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE
SAME ARE TO BE PAID; and, 2) Adopt Resolution No. IA 2023-__, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ALLOWING
CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE
SAME ARE TO BE PAID.
C. Consideration and possible action to approve Amendment No. 3 to the Lease
Agreement with Portuguese Bend Cooperative Nursery School for the use of the
beach school property (Waters)
Recommendation: (1) Approve Amendment No. 3 to the Lease Agreement with
Portuguese Bend Cooperative Nursery School, extending the term for use of the
beach school property for an additional five years until June 30, 2028.
D. Consideration and possible action to adopt Ordinance No. 672 amending the Rancho
Palos Verdes Municipal Code to clarify numerical section headings in Chapter 15.18
(Administrative Code) of Title 15 (Buildings and Construction) of the Rancho Palos
Verdes Municipal Code (Brown)
Recommendation: (1) Adopt Ordinance No. 672, AN ORDINANCE OF THE CITY
OF RANCHO PALOS VERDES, CLARIFYING NUMERICAL SECTION HEADINGS
IN CHAPTER 15.18 (ADMINISTRATIVE CODE) OF TITLE 15 (BUILDINGS AND
CONSTRUCTION) OF THE RANCHO PALOS VERDES MUNICIPAL CODE.
City Council Agenda
August 1, 2023
Page 4 of 8
E. Consideration and possible action to execute a five-year agreement with AMS.NET to
provide cloud-based phone service (Buchwald)
Recommendation: (1) Approve a five-year subscription and professional services
order form with AMS.Net to purchase, implement and configure Cisco Webex Calling
for a total agreement cost of $193,406; and,(2) Authorize the Mayor and City Clerk to
execute the AMS.NET order forms (collectively referred to as the agreement) utilizing
Fast-Open Contracts Utilization Services (FOCUS) cooperative agreement in a form
approved by the City Attorney.
F. Consideration and possible action to Consideration and possible action to receive the
June 2023 Cash Balances/Monthly Treasurer’s Report. (Lin)
Recommendation: Receive and file the June 2023 Cash Balances/Monthly
Treasurers' Reports for the City and the Improvement Authority.
G. Consideration and possible action to approve Amendment No. 1 to the Professional
Services Agreement with Davis Farr LLP for finance management services (Bañales)
Recommendation: (1) Approve Amendment No. 1 to the Professional Services
Agreement with Davis Farr LLP in the amount of $20,000, thereby increasing the
agreement amount from $25,000 to $45,000; and, (2) Authorize the Mayor and City
Clerk to execute the amendment in a form approved by the City Attorney.
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 review the conceptual design for the Western
Avenue Beautification Project (Hevener) (30 mins)
Recommendation: (1) Receive and file an update on the Western Avenue
Beautification Project; (2) Review and provide input on the conceptual design and
project scope at the revised preliminary cost estimate; and, (3) Direct staff to proceed
with final design plans and to continue exploring cost sharing opportunities with the
City of Los Angeles.
City Council Agenda
August 1, 2023
Page 5 of 8
2. Consideration and possible action to receive a report from Southern California Edison
(SCE) regarding frequent power outages in the Grandview Estates neighborhood.
(Bañales) (30 mins)
Recommendation: (1) Receive and file a status report from SCE on its action plan
and timeline for correcting power outage issues in the Grandview Estates
neighborhood; and (2) Request SCE return on October 3, 2023, with a progress
update for correcting the power outage issues in the Grandview Estates
neighborhood.
3. Consideration and possible action to fund the reactivation of four City-owned
dewatering wells within the jurisdiction of the Abalone Cove Landslide Abatement
District (ACLAD) (Awwad) (15 mins)
Recommendation: (1) Approve an additional appropriation of $520,000 to fund the
reactivation of four City-owned dewatering wells within the jurisdiction of the Abalone
Cove Landslide Abatement District (ACLAD); and (2) Direct Staff to explore how the
City can transfer financial responsibility of all City-owned dewatering wells within
Abalone Cove to ACLAD.
4. Consideration and possible action to review Additional Discretionary Payments
(ADPs) toward the City’s Unfunded Accrued Liability (UAL) and revisions to the
Pension Plan Guidelines (Loya) (15 mins)
Recommendation: (1) Review and, if acceptable, adopt the Finance Advisory
Committee’s (FAC) recommendation to:
a. Implement ADP Scenario 5 as a funding strategy with all conditions as specified by
the FAC to mitigate costs associated with the City’s UAL; and
b. Direct Staff to return to the City Council following the year-end closing process with
a recommended ADP amount limited to 50% of the FY 2022 -23 General Fund
unallocated balance.(2) Review and, if acceptable, approve the FAC’s following
recommended revisions to the Pension Plan Guidelines:
a. Updating the employee contribution rate for Tier 3;
b. Adding “schedule of amortization bases” to definitions;
c. Clarifying the ending fiscal year for the 10-year goal;
d. Incorporating ADP contributions and usage options; and
e. Updating the term for Annual Comprehensive Financial Report (ACFR).
5. Consideration and possible action to initiate code amendment proceedings to Chapter
17.02.040 (View Preservation and Restoration) of Title 17 (Zoning) of the Rancho
Palos Verdes Municipal Code to provide clarification on method of height
measurement for residential buildings (Bobbett) (15 mins)
Recommendation: (1) Initiate code amendment proceedings to Chapter 17.02.040
(View Preservation and Restoration) of Title 17 (Zoning) of the Rancho Palos Verdes
Municipal Code to provide clarification on the measurement of building height.
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.
City Council Agenda
August 1, 2023
Page 6 of 8
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. on August 15, 2023, for a Closed Session meeting followed by a
7:00 P.M. Regular meeting.
City Council Agenda
August 1, 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
August 1, 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.
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CITY OF RANCHO PALOS VERDES
STATE OF CALIFORNIA )
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CITY OF RANCHO PALOS VERDES)
AFFIDAVIT OF AGENDA POSTING
I, Teresa Takaoka, declare as follows:
That I am the City Clerk of the City of Rancho Palos Verdes; that I hereby
affirm that a copy of the agenda for the Regular Meeting of the City Council and
Improvement Authority for August 1, 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:
e c
Dated: July 27, 2023
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City Clerk
30940 Hawthorne Boulevard/Rancho Palos Verdes, CA 90275-5391 /(310)544-5217/Fax(310)544-5291
www.rpvca.gov