CC AGD 20230815
*HYBRID CITY COUNCIL MEETING
The Regular Meeting of August 15, 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
AUGUST 15, 2023
6:00 P.M. CLOSED SESSION
7:00 P.M. – REGULAR MEETING
NEXT RESOLUTION NO. 2023-39 NEXT ORDINANCE NO. 673
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:
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
City Council Agenda
August 15, 2023
Page 2 of 8
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 perso n 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 v iolator 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 – INITIATION OF LITIGATION.
A closed session will be held pursuant to Gov’t Code Section 54956.9(d)(4). Based on
existing facts and circumstances, the legislative body of the local agency has decided to
initiate or is deciding whether to initiate litigation in two (2) cases.
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
A closed session will be held, pursuant to Government Code § 54956.9 (d)(2) or (d)(3) &
(e)(1), because there is a significant exposure to litigation in one (1) case and where the
facts and circumstances giving rise to such litigation are believed to be unknown to the
putative plaintiff(s).
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:
City Council Agenda
August 15, 2023
Page 3 of 8
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
APPROVAL OF AGENDA:
PUBLIC COMMENTS FOR NON-AGENDA ITEMS:
During Public Comments any person may address the Council, provided that the item is within the subject matter jurisdiction 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 (Takaoka)
Recommendation: Approve the Minutes of August 1, 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 file a Notice of Completion for the Pavement
Management Program – Arterial Roadway Rehabilitation Silver Spur Road (North of
Hawthorne Boulevard). (Awwad)
Recommendation: (1) Accept the Pavement Management Program – Arterial
Roadway Rehabilitation Silver Spur Road (North of Hawthorne Boulevard) as
complete; (2) Authorize the City Clerk to file a Notice of Completion for the project
with the Los Angeles County Registrar-Recorder’s Office; and if no claims are filed
within 35 days after recordation, send a notice to the surety company to exonerate the
Performance Bond; and, (3) Authorize the Director of Public Works to release the 5%
construction retention payment to Hardy & Harper, Inc., 35 days after the reco rdation
of the Notice of Completion by the Los Angeles County Registrar-Recorder’s Office,
contingent upon no claims being filed on the project, and the contractor posting an
acceptable warranty bond with the City.
D. Consideration and possible action to ratify an opposition letter regarding Assembly Bill
(AB) No. 309 (Social Housing Act). (Hunter)
City Council Agenda
August 15, 2023
Page 4 of 8
Recommendation: (1) Ratify the opposition letter signed and sent to Honorable
Anthony J. Portantino Chair of the Senate App ropriations Committee by Mayor
Ferraro on August 1, 2023 opposing AB 309 that would grant the Department of
General Services (DGS) the authority to make land use and zoning decisions on state
excess property.
E. Consideration and possible action to ratify the payment to Built Rite Fence Company
for emergency fence replacement services. (Traunter)
Recommendation: 1) Ratify the payment of $61,870 to Built Rite Fence Company
for emergency fence replacement services rendered between June 16, 2023 and
June 28, 2023.
F. Consideration and possible action to enter into a Memorandum of Understanding
(MOU) between the City of Rancho Palos Verdes and Run for Myles for co -hosting
the RPV’s Run for Myles nonprofit running event. (Bailiff)
Recommendation: (1) Authorize the Mayor and City Clerk to execute an MOU
between the City of Rancho Palos Verdes and Run for Myles for co-hosting the RPV’s
Run for Myles nonprofit running event on September 9, 2023, 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 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
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.
1. Consideration and possible action to adopt an Urgency Ordinance extending the
moratorium period for Urgency Ordinance No. 665U on the entitlement,
establishment, expansion, or modification of antennas governed pursuant to §
17.76.020 (Antennas) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal
Code.( Berry) ( 15 mins)
Recommendation: (1) Adopt Ordinance No. ___U, by a four-fifths vote of the entire
City Council, AN URGENCY ORDINANCE EXTENDING THE MORATORIUM
PERIOD ENACTED BY INTERIM URGENCY ORDINANCE NO. 665U AND
URGENCY ORDINANCE NO. 670U BY AN ADDITIONAL ONE YEAR, TO ALLOW
STAFF ADEQUATE TIME TO RESEARCH AND PREPARE CODE AMENDMENT
PROCEEDINGS TO AMEND RANCHO PALOS VERDES MUNICIPAL CODE §
17.76.020 (ANTENNAS).
2. Consideration and possible action to recover nuisance abatement costs on property
located at 28074 Braidwood Drive (Case No. CODE2021-0112). (Monroy) (15 mins)
City Council Agenda
August 15, 2023
Page 5 of 8
Recommendation: 1)Adopt Resolution No. 2023-__, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES CONFIRMING THE
REPORT OF NUISANCE ABATEMENT COSTS AND AUTHORIZING A SPECIAL
ASSESSMENT, IN THE FORM OF A LIEN IN THE AMOUNT OF $11,005.92, TO
RECOVER ABATEMENT COSTS ON PROPERTY LOCATED AT 28074
BRAIDWOOD DRIVE (APN 7584-016-016) (CASE NO. CODE2021-0112); and 2)
Direct Staff to submit to the Los Angeles County Auditor/Controller for collection in the
next applicable tax roll year the confirmed nuisance abatement costs in the amount of
$11,005.92 and to direct the City Attorney and the Interim Finance Director to prepare
and cause to be recorded in the Office of the Los Angeles County Recorder
appropriate notices of liens which document the amount of nuisance abatement costs
assessed for the property located at 28074 Braidwood Drive (APN 7584-016-016).
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.
3. Consideration and possible action to receive a status update on the Portuguese Bend
Landslide Remediation Project. (Awwad) (60 mins)
Recommendation: (1) Receive and file a status report on the Portuguese Bend
Landslide Remediation Project; and (2) Direct Staff to return to the City Council with
professional services agreements to proceed with final engineering plans while
determining if the project can be modified to reduce the footprint of the flow reduction
area and drainage swales; maximize their ability to support native habitat; and
relocate hydrauger batteries to areas that minimize impacts on native habitat.
4. Consideration and possible action to approve the updated Landslide Complex
Monitoring Program. (Awwad) (30 mins)
Recommendation: (1) Approve the Landslide Complex Monitoring Program that
outlines how landslide movement will be surveyed and measured; (2) Award a
professional services agreement to Hout Construction Services, Inc. DBA Hout
Engineering for implementation of the Landslide Co mplex Monitoring Program in the
amount of $739,894, plus a 15% contingency of $110,984, for a total cost of $850,878
through June 30, 2026; and, (3) Authorize the Mayor to execute the agreement in a
form approved by the City Attorney.
5. Consideration and possible action to receive a report on the City’s RPV Community
Foundation and Finance Advisory Committee’s recommendation of hiring a consultant
to lead a capital campaign for the Civic Center. (Bañales) (15 mins)
Recommendation: (1) Receive and file a status update on the formation and
implementation of the RPV Community Foundation; (2) Review the Finance Advisory
Committee’s (FAC) recommendation to on-board a development consultant for the
purposes of developing and leading a capital campaign to raise funds to pay for
certain City projects; and, (3) If deemed acceptable, direct the Staff to initiate the
process of soliciting request for proposals (RFPs) for a development consultant,
following the recommendation made by the FAC, to conduct a feasibility study and
City Council Agenda
August 15, 2023
Page 6 of 8
lead the capital campaign for, among other City projects, the proposed Civic Center
Master Plan.
6. Consideration and possible action to take a position on Assembly Constitutional
Amendment 10 (ACA 10). (Wynder) ( 15 mins)
Recommendation: (1) Direct Staff to work with the City Council Legislative
Subcommittee and return on September 5, 2023 with a position letter on ACA 10 to
be sent to the California Assembly Appropriations Committee, the City’s Assembly
representatives, and the City’s Senate representatives.
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. September 5, 2023, for a Closed Session Meeting, followed by a
Regular meeting at 7:00 P.M.
City Council Agenda
August 15, 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 15, 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 RANCHO PALOS 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
August 15, 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.
1
Time: P
Dated: August 9, 2023
utA---levieczeciQ41/4_.)
City Clerk
30940 Hawthorne Boulevard/Rancho Palos Verdes, CA 90275-5391 /(310)544-5217/Fax(310)544-5291
www.rpvca.gov