CC AGD 20230919 (Closed Session and IA SPC)CITY OF
RANCHO PALOS VERDES
*HYBRID CITY COUNCIL MEETING
The Regular/Special* Meeting of September 19, 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 PVPty 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/*SPECIAL MEETING
FRED HESSE COMMUNITY PARK, MCTAGGART HALL
29301 HAWTHORNE BOULEVARD, RANCHO PALOS VERDES 90275
SEPTEMBER 19, 2023
K:iC117 0 Lh WOM6>;9411&1 **4 IQ ki
7:00 P.M. REGULAR MEETING/*SPECIAL MEETING OF IMPROVEMENT
AUTHORITY
*COUNCILMAN BRADLEY'S REMOTE PARTICIPATION PURSUANT TO
GOVERNMENT CODE 54959(b) from the following location:
Boston Marriott Burlington, 1 Burlington Mail Road, Burlington, MA 01803
NEXT RESOLUTION NO. 2023-43 NEXT ORDINANCE NO. 674
NEXT RESOLUTION NO. IA 2023-10
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. pov/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 meetfl 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
A closed session will be held, pursuant to Government Code § 54957 to conduct
an employee performance evaluation for the position of City Attorney.
RECESS TO CLOSED SESSION (FIRESIDE ROOIVn:
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
September 19, 2023
Page 2 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 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. rp vca.goy/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 5, 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 receive the July 2023 Cash Balances/Monthly
Treasurer's Report. (Lin)
Recommendation: (1) Receive and file the July 2023 Cash Balances/Monthly
Treasurer's Reports for the City and the Improvement Authority.
D. Consideration and possible action to approve Amendment No. 1 to the Professional
Services Agreement with Kosmont Financial Services (KFS) for municipal advisory
and financial consulting services. (Ramos)
Recommendation: (1) Approve Amendment No. 1 to the original Professional
Services Agreement with KFS in the amount of $50,000, thereby increasing the
agreement amount from $25,000 to $75,000 for a one-year term concluding on June
29, 2024; and, (2) Authorize the Mayor and City Clerk to execute the amendment in a
form approved by the City Attorney.
E. Consideration and possible action to approve Amendment No. 1 to the Professional
Services Agreement with HR Green Pacific, Inc. for Interim Deputy Director of Public
Works. (Awwad)
Recommendation: (1) Approve Amendment No. 1 to the Professional Services
Agreement with HR Green Pacific, Inc. in the amount of $103,000, thereby increasing
the agreement amount from $25,000 to $128,000 for Interim Deputy Director of Public
City Council Agenda
September 19, 2023
Page 3 of 8
Works services until December 31, 2023 as the City undergoes the recruitment
process; and,
(2) Authorize the Mayor and City Clerk to execute the amendment in a form approved
by the City Attorney.
F. Consideration and possible action to to ratify a letter signed by the City Manager in
opposition for Assembly Bill (AB) No. 825 (Bicycles on Sidewalks). (Hunter)
Recommendation: Ratify a letter signed by the City Manager in opposition to AB
825.
G. Consideration and possible action regarding a claim against the City by Ashley Ibarra.
(Sisson)
Recommendation: 1) Reject the claim and direct Staff to notify the claimant, Ashley
Ibarra.
H. Consideration and possible action to approve construction for the Retaining Wall
Repairs at 3001 Crest Road Project. (Wieske)
Recommendation: (1) Approve the plans, specifications, and construction
documents for the Retaining Wall Repairs at 3001 Crest Road Project;
(2) Approve an additional appropriation of $250,000, from the City's Capital
Improvement Fund for the Retaining Wall Repairs at 3001 Crest Road Project;
(3) Award a construction contract for the Retaining Wall Repairs at 3001 Crest Road
Project to Ace Capital Engineering, in the amount of $398,820, with a contingency of
10% or $39,882, for a total amount of $438,702; and
(4) Authorize the Mayor and City Clerk to execute the construction contract, in a form
approved by the City Attorney.
Consideration and possible action to approve professional services agreements for
the Portuguese Bend Landslide Remediation Project final engineering and associated
services. (Awwad)
Recommendation: (1) Award a professional services agreement to Geo -Logic
Associates, Inc. for the Portuguese Bend Landslide Remediation project final
engineering and associated services in the amount of $1,460,000, plus a 15%
contingency of $219,000, for a total cost of $1,679,000; (2) Award Amendment No. 1
to the professional services agreement with LSA Associates, Inc. for the Portuguese
Bend Landslide Remediation project Environmental Impact Report (EIR) in the
amount of $141,917 plus a 15% contingency of $21,288, for a total cost of
$163,205;(3) Award a professional services agreement to Hout Construction Services:
Inc. DBA Hout Engineering for the Portuguese Bend Landslide Remediation project
management, peer review, and associated services, in the amount of $393,784, plus
a 15% contingency of $59,067, for a total cost of $452,851; (4) Authorize the Mayor to
execute the agreements in a form approved by the City Attorney; and, (5) Approve an
additional appropriation of $925,289, from the City's Capital Infrastructure (CIP) Fund
for the professional services associated with the Portuguese Bend Landslide project.
J. Consideration and possible action to accept, approve and adopt the Memorandum of
Understanding (MOU) between the City and the American Federation of State,
City Council Agenda
September 19, 2023
Page 4 of 8
County and Municipal Employees District Council 36 (AFSCME DC36) part-time
employees association and approve salary range changes for part-time employees.
(Tanner/ Jacinto)
Recommendation: (1) Adopt Resolution No. 2023- , A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, STATE OF
CALIFORNIA, ACCEPTING, APPROVING, AND ADOPTING THE MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY OF RANCHO PALOS VERDES AND
THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES DISTRICT COUNCIL 36 FOR THE PERIOD OF JULY 1, 2023
THROUGH JUNE 30, 2025. (2) Adopt Resolution No. 2023- , A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, STATE OF
CALIFORNIA, AMENDING, RESTATING, AND SUPERSEDING RESOLUTION NO.
2023-31 TO REFLECT NEW SALARY RANGES FOR ALL PART-TIME EMPLOYEES
IN CITY SERVICE, EFFECTIVE SEPTEMBER 23, 2023.
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. pov/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.
Consideration and possible action to approve Revision "III" to the Trump National Golf
Club Project Conditional Use Permit amending the Conditions of Approval to allow
Planning Entitlements to be processed for after -the -fact (ATF) grading and
construction on Lot No. 34 of Tract No. 50667 located at 31925 Emerald View Drive
(Case No. PLCU2023-0004). (Silva) (30 mins)
Recommendation: (1) Adopt Resolution No. 2023-_, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING
ADDENDUM NO. 50 TO ENVIRONMENTAL IMPACT REPORT NO. 36 IN
CONNECTION WITH REVISION "III" TO THE TRUMP NATIONAL GOLF CLUB
PROJECT; and, (2) Adopt Resolution No. 2023-_, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING REVISION
"III" TO THE TRUMP NATIONAL GOLF CLUB PROJECT CONDITIONAL USE
PERMIT TO ADD CONDITION OF APPROVAL NO. Z.14(e) TO ALLOW THE
PROPERTY OWNER TO APPLY FOR A MAJOR GRADING PERMIT AND MAJOR
SITE PLAN REVIEW FOR AFTER -THE -FACT GRADING AND CONSTRUCTION
OVER AN EXISTING 2:1 SLOPE ALONG THE SOUTHERLY AND WESTERLY
YARD AREAS OF LOT NO. 34 OF TRACT NO. 50667 LOCATED AT 31925
EMERALD VIEW DRIVE (PLCU2023-0004).
City Council Agenda
September 19, 2023
Page 5 of 8
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. rp vca. qov/participate.
2. Consideration and possible action to receive a report from Cal Water and Southern
California Gas Company regarding their response and mitigation efforts to the
Portuguese Bend Landslide. (Awwad) (45 mins)
Recommendation: (1) Receive a report from Cal Water regarding their response and
mitigation efforts to the Portuguese Bend Landslide as it relates water pipelines;
(2) Receive a report from Southern California Gas Company regarding their response
and mitigation efforts to the Portuguese Bend Landslide as it relates to the gas
pipelines; (3) If desired, direct Staff to return at a future City Council meeting to
consider an additional appropriation to fund engineering review, collaboration, and
coordination with utility companies on their plans for response and mitigation efforts;
and,(4) If warranted, request the utility companies to return on a specific date with
updated information on a short-term and long-term action plan and timeline for
addressing mitigation efforts within the Portuguese Bend Landslide.
3. Consideration and possible action to receive a quarterly status report on Fiscal Year
2023-24 City Council Goals. (Banales) (30 mins)
Recommendation: (1) Receive and file a first-quarter status report on the FY 2023-
24 City Council Goals.
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. October 3, 2023, for a Closed Session Meeting, followed by a
Regular meeting at 7:00 P.M.
City Council Agenda
September 19, 2023
Page 6 of 8
City Council
Agendas and staff reports are available for public review no later than 72 hours before the meeting at City
Agendas and Staff
Hall, 30940 Hawthorne Boulevard during regular business hours, 7:30 A.M. to 5:30 P.M. Monday —
Reports:
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
We highly encourage written materials regarding City Council Agenda items be submitted no later than
Correspondence:
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
Pursuant to GC 54957.95: (a)(1) In addition to authority exercised pursuant to Sections 54954.3 and
Council Meeting:
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
The City Council will adjourn its meetings on or before 11:00 p.m. and will not consider new business
Meeting:
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
September 19, 2023
Page 7 of 8
who has willfully disclosed confidential information in violation of this section to a grand jury." (Gov. Code
§ 54963(c).)
American with In compliance with the Americans with Disabilities Act, if you require an accommodation to participate in
Disabilities Act: 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 Unless stated otherwise on the agenda, every item on the agenda is exempt from CEQA Guidelines
(Changes as of Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15323 and/or Public Resources Code Section
11/7/22): 21065.
01203.0001/851364.1
City Council Agenda
September 19, 2023
Page 8 of 8
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
September 19, 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: 7 CI°
Dated: September 14, 2023
City Clerk
30940 Hawthorne Boulevard/Rancho Palos Verdes, CA 90275-5391 /(310)544-5217/Fax(310)544-5291
www.rpvca.gov