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CC AGD 20231114 (Closed Session CC and IA SPC) *HYBRID CITY COUNCIL MEETING The Special Meeting of November 14, 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 AND IMPROVEMENT AUTHORITY SPECIAL MEETING FRED HESSE COMMUNITY PARK, MCTAGGART HALL 29301 HAWTHORNE BOULEVARD, RANCHO PALOS VERDES 90275 NOVEMBER 14, 2023 6:00 P.M. CLOSED SESSION 7:00 P.M. SPECIAL MEETING NEXT RESOLUTION NO. 2023-51 NEXT ORDINANCE NO. 675 NEXT RESOLUTION NO. IA 2023-11 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 November 14, 2023 Page 2 of 10 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 pers on not entitled to receive it, unless the legislative body authorizes disclosure of that confidential information.” (Gov. Code § 549 63(a).) “[C]onfidential information’ means a communication made in a Closed Session that is specifically related to the basi s 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 – ANTICIPATED LITIGATION A closed session will be held, pursuant to Government Code §54956.9(d)(4) because the City is considering whether to initiate litigation in one case. 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to California Government Code Section 54956.8., the City Council will hold a Closed Session for the purpose of Conference with Real Property Negotiator. Property Under Negotiation: Assessor’s Parcel Numbers 7572-004-015 Negotiating Parties: City Manager and City Attorney Parties Negotiating With: John C. Williams (DECD Trust) Under Negotiations: Price and terms of payment 3. 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: Limetree estates LLC, vs. City of Rancho Palos Verdes; United States District Court, Central District of California, Case No. 2:23-cv-01420-SVW (PVCx). RECESS TO CLOSED SESSION (FIRESIDE ROOM): RECONVENE TO SPECIAL MEETING: 7:00 P.M. – SPECIAL MEETING CALL TO ORDER: Mayor Ferraro ROLL CALL: Councilmember Alegria Councilmember Bradley Councilmember Seo Mayor Pro Tem Cruikshank City Council Agenda November 14, 2023 Page 3 of 10 Mayor Ferraro PLEDGE OF ALLEGIANCE: To be announced CLOSED SESSION REPORT: MAYOR’S ANNOUNCEMENTS: 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 Council may pull an item for discussion or clarification. Items pulled from the Consent Calendar by a Councilmember will be heard aft er 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 (Zweizig) Recommendation: Approve the Minutes of October 17, 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(check run dated 20231013); and, 2) 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 (check run dated 20231027). C. Consideration and possible action to receive the August 2023 Cash Balances/Monthly Treasurer’s Report. (Lin) Recommendation: 1) Receive and file the August 2023 Cash Balances/Monthly Treasurer’s Reports for the City and the Improvement Authority. City Council Agenda November 14, 2023 Page 4 of 10 D. Consideration and possible action to approve Amendment No. 3 to the Professional Services Agreement with Environmental Sciences Associates for the reevaluation and as-needed augmentation of the previously adopted environmental analysis for the City’s 6th Cycle Housing Element. (Bobbett) Recommendation: 1) Approve Amendment No. 3 to the Professional Services Agreement (PSA) with Environmental Sciences Associates (ESA) to increase the agreement amount by $25,350 with a contingency of $5,000 for a new contract sum of $318,439.48 and extend the agreement term to May 31, 2024, for the reevaluation and as-needed augmentation of the previously adopted environmental analysis for the City’s 6th Cycle Housing Element; and, 2) Authorize the Mayor and City Clerk to execute Amendment No. 3 to the PSA with ESA in a form approved by the City Attorney. E. Consideration and possible action to authorize submittal of application(s) for CalRecycle grants. (Hevener) Recommendation: Adopt Resolution No. 2023-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE SUBMITTAL OF APPLICATIONS TO THE DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE) FOR ALL GRANTS AND PAYMENT PROGRAMS FOR WHICH THE CITY IS ELIGIBLE; AUTHORIZING AND EMPOWERING THE DIRECTOR OF PUBLIC WORKS, OR THEIR DESIGNEE, TO EXECUTE ALL GRANT DOCUMENTS NECESSARY TO SECURE GRANT FUNDS AND IMPLEMENT APPROVED GRANT PROJECTS WITH CALRECYCLE; AND MAKING THESE AUTHORIZATIONS EFFECTIVE FOR FIVE YEARS FROM THE DATE OF ADOPTION. F. Consideration and possible action regarding a claim against the City by Charlene Kim. (Sisson) Recommendation: Reject the claim and direct Staff to notify the claimant, Charlene Kim. G. Consideration and possible action regarding a claim against the City by Emeric Rodich. (Sisson) Recommendation: Reject the claim and direct Staff to notify the claimant, Emeric Rodich. H. Consideration and possible action to award a professional services agreement to Willdan Engineering for contract temporary code enforcement services. (Garrett) Recommendation: 1) Approve a professional services agreement with Willdan Engineering in the amount of $80,000 to provide temporary code enforcement services in the Community Development Department for up to six months during the recruitment process and authorizing the City Manager to extend the term an additional six months as deemed necessary; and, 2) Authorize the Mayor and City Clerk to execute the agreement in a form approved by the City Attorney. City Council Agenda November 14, 2023 Page 5 of 10 I. Consideration and possible action to approve Amendment No. 1 to the Professional Services Agreement with Emerald Isle Entertainment (Emerald) to operate a synthetic skating rink. (Waters) Recommendation: 1) Approve Amendment No. 1 to the original Professional Services Agreement with Emerald in the amount of $28,400, thereby increasing the agreement amount from $24,500 to $52,900 to install and operate a synthetic skating rink at the Ken Dyda Civic Center for a period of nine days in December 2023; and, 2) Authorize the Mayor to execute the amendment in a form acceptable to the City Attorney. J. Consideration and possible action to extend the term of the professional services agreement with Griffin Structures for project management and construction management services for the Ladera Linda Community Park Project. (O’Neill) Recommendation: Ratify a change order executed by the City Manager thereby extending the term of the professional services agreement with Griffin Structures for project management and construction management services for the Ladera Linda Community Park Project, at no additional cost to the City, until December 31, 2023. K. Consideration and possible action to request a time extension amendment to the conservation easement offers for Ocean Trails Reserve. (Forbes/Lozano) Recommendation: Authorize the execution and recording of a Time Extension Amendment to the Conservation Easement Offers for the Ocean Trails Reserve thereby extending the deadline to record the Conservation Easements from December 16, 2023, to January 1, 2026 to ensure the California Department of Fish and Wildlife issues the City its permit pursuant to the Rancho Palos Verdes Natural Community Conservation Plan. L. Consideration and possible action to authorize the City Clerk to file a Notice of Completion for the City and Park Entry Monument Signs Project. (Waters) Recommendation: 1) Accept the City and Park Entry Monument Signs Project 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, 3) Authorize the Director of Recreation and Parks to release the construction retention payment to Express Sign & Neon Company 35 days after recordation of the Notice of Completion by the Los Angeles County Registrar-Recorder’s Office. M. Consideration and possible action to approve construction of the Restroom Improvements at the Point Vicente Interpretive Center Project. (O’Neill) Recommendation: 1) Approve the plans, specifications, and construction documents for the Restroom Improvements at Point Vicente Interpretive Center Project;2) Find that 3M Construction Corporation’s bid for the Restroom Improvements at Point Vicente Interpretive Center Project is not responsive; 3) Waive the submission of the Non-Collusion Affidavit by the bid deadline as a non-material irregularity and accept the subsequently submitted Non-Collusion Affidavit from Ambit Construction & Design, Inc.; 4) Award a construction contract for the Restroom Improvements at Point Vicente Interpretive Center Project to Ambit Construction & Design, Inc., in the amount of $397,550, with a contingency of 10%, or approximately $39,800, for a total amount of $437,350; 5) Approve an additional appropriation of City Council Agenda November 14, 2023 Page 6 of 10 $51,750 in the American Rescue Plan Act (ARPA) Fund and reduce the same amount in the Capital Infrastructure Program (CIP) Fund; and, 6) Authorize the Mayor and City Clerk to execute the contract, in a form approved by the City Attorney. N. Consideration and possible action to appropriate additional funds to reactivate four City- owned dewatering wells and repair a drainage culvert within the jurisdiction of the Abalone Cove Landslide Abatement District (ACLAD). (Awwad) Recommendation: 1) Approve an additional appropriation of $180,700 to fund the reactivation of four City-owned dewatering wells within the jurisdiction of the Abalone Cove Landslide Abatement District (ACLAD); and, 2) Approve an additional appropriation of $16,500 for repairs to the City portion of a drainage culvert under Palos Verdes Drive South for Altamira Canyon, subject to the Director of Public Works’ verification of City ownership limits and acceptance of the repair method . O. Consideration and possible action to sign a First Amendment to the City’s Memorandum of Understanding with the American Federation of State, County and Municipal Employees District Council 36 (AFSCME DC36). (Jacinto) Recommendation: Approve Resolution No. 2023-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ACCEPTING, APPROVING, ADOPTING, AND THEREBY AUTHORIZING THE CITY MANAGER TO SIGN A FIRST AMENDMENT TO THE CITY’S MEMORANDUM OF UNDERSTANDING (MOU) WITH THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES DISTRICT COUNCIL 36 (AFSCME DC36) FOR THE PERIOD JULY 1, 2023 THROUGH JUNE 30, 2025 TO INCREASE THE CITY’S CONTRIBUTION TO ELIGIBLE EMPLOYEE HEALTH SAVINGS ACCOUNTS FOR THE 2024 PLAN YEAR. 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 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 loca ted 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 City Council Agenda November 14, 2023 Page 7 of 10 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). 2. Consideration and possible action to extend Ride-to-Fly Therapeutic Riding Program’s Conditional Large Domestic Animal Permit No. 2 (Case No. PLDC2023-0002). (Kim) (15 mins) Recommendation: 1) Ratify the City Manager’s determination that the proposed project is exempt from Moratorium provisions pursuant to Section 2(D) of Ordinance No.674U; and, 2) Adopt Resolution No. 2023- __, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING A REQUEST TO RENEW AND REVISE CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 2 FOR AN ADDITIONAL TEN (10) YEARS AND EXTEND THE DAYS OF OPERATION TO INCLUDE SUNDAY FOR THE FIRST FIVE (5) YEARS OF THE PERMIT RENEWAL PERIOD FOR THE PROPERTY LOCATED AT 50 NARCISSA DRIVE (CASE NO. PLDC2023-0002). 3. Consideration and possible action to conduct a public hearing on the greater Portuguese Bend Landslide Complex. (Seeraty/Lozano/Villalpando) (60 mins) Recommendation: 1) Receive and file the “10-day report” that pursuant to California Government Code § 65858(d) is required to be issued 10 days prior to the expiration of the initial 45-day moratorium; 2) Adopt Urgency Ordinance No. ___U AN INTERIM URGENCY ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, EXTENDING THE MORATORIUM ON THE ACCEPTANCE OR PROCESSING OF APPLICATIONS, ISSUANCE OF PERMITS, AND CONSTRUCTION OF ALL STRUCTURES WITHIN THE PORTUGUESE BEND LANDSLIDE COMPLEX ADOPTED BY ORDINANCE 647U FOR AN ADDITIONAL 10 MONTHS AND 15 DAYS, EXPIRING OCTOBER 2, 2024; 3) Review and ratify granted Exceptions to the building moratorium, as deemed necessary and consistent by the City Manager, pursuant to Section 2(D) of Ordinance No. 674U; 4) Adopt Resolution No. 2023-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES THEREBY CONTINUING THE LOCAL EMERGENCY DECLARATION AS ESTABLISHED BY RESOLUTION NO. 2023-47 ADOPTED ON OCTOBER 3, 2023 FOR AN ADDITIONAL 60 DAY PERIOD; and, 5) Receive and file report of the project activity in the Portuguese Bend Landslide Complex related to the local emergency declaration established by Resolution No. 2023-47 adopted on October 3, 2023. REGULAR BUSINESS: City Council Agenda November 14, 2023 Page 8 of 10 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. 4. Consideration and possible action to amend Rancho Palos Verdes Municipal Code Section 12.18.070 (Design and Development Standards) of Chapter 12.18 (Wireless Telecommunications Facilities in the Public Right of Way) to increase the maximum height permitted for any antenna above the existing height of a light pole. (Awwad) (15 mins) Recommendation: Introduce Ordinance No.___, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING SECTION 12.18.070 (DESIGN AND DEVELOPMENT STANDARDS) OF CHAPTER 12.18 (WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT OF WAY) TO TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO INCREASE THE MAXIMUM HEIGHT PERMITTED FOR ANY ANTENNA ABOVE THE EXISTING HEIGHT OF A LIGHT POLE FROM FOUR FEET TO UP TO SIX FEET. 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 re port 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 5:30 P.M. December 5, 2023, for Interviews (Civic Center Advisory Committee) and a Closed Session Meeting, followed by a Regular meeting at 7:00 P.M. City Council Agenda November 14, 2023 Page 9 of 10 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 November 14, 2023 Page 10 of 10 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 30940 Hawthorne Boulevard / Rancho Palos Verdes, CA 90275-5391 / (310) 544-5208 / Fax (310) 544-5291 www.rpvca.gov STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES) AFFIDAVIT OF GIVING NOTICE OF A SPECIAL CITY COUNCIL MEETING –CLOSED SESSION START TIME OF 6:00 PM I, Teresa Takaoka, City Clerk, hereby certify that the Notice and Call of a special meeting of the Rancho Palos Verdes City Council for the Closed Session start time of 6:00PM of the agenda, a copy of which is attached hereto, was given by email to each member of the City Council and was also sent by email to each newspaper of general circulation that has requested such notice in writing on November 7, 2023, by 7:30 P.M. ERIC ALEGRIA 30940 HAWTHORNE BLVD. RANCHO PALOS VERDES, CA 90275 Email: eric.alegria@rpvca.gov DAVID BRADLEY 30940 HAWTHORNE BLVD. RANCHO PALOS VERDES, CA 90275 Email: david.bradley@rpvca.gov JOHN CRUIKSHANK 30940 HAWTHORNE BLVD. RANCHO PALOS VERDES, CA 90275 Email: john.cruikshank@rpvca.gov PAUL SEO 30940 HAWTHORNE BLVD. RANCHO PALOS VERDES, CA 90275 Email: paul.seo@rpvca.gov BARBARA FERRARO 30940 HAWTHORNE BLVD. RANCHO PALOS VERDES, CA 90275 Email: barbara.ferraro@rpvca.gov LOS ANGELES TIMES 202 W. 1st Street Los Angeles, CA 90012 Email: newstips@latimes.com PALOS VERDES NEWS 609 DEEP VALLEY DRIVE, SUITE 200 ROLLING HILLS ESTATES, CA 90274 Email: magarcia@scng.com DAILY BREEZE, EDITOR 21250 HAWTHORNE BLVD. #170 TORRANCE, CA 90503 Email: tbray@scng.com WILLIAM W. WYNDER, CITY ATTORNEY ALESHIRE & WYNDER, LLP 2361 ROSECRANS AVENUE, SUITE 475 EL SEGUNDO, CA 900245-4916 Email: wwynder@awattorneys.com Dated: November 7, 2023 ______________ Teresa Takaoka, City Clerk