CC AGD 20240206 REG (SPC Closed Session)
HYBRID CITY COUNCIL MEETING
The Special/Regular Meeting of February 6, 2024, 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.
*SPECIAL 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
FEBRUARY 6, 2024
*5:30 P.M. CLOSED SESSION
7:00 P.M. – REGULAR MEETING
REMOTE PARTICIPATION BY COUNCILMAN BRADLEY
PURSUANT TO GOVERNMENT CODE 54959(b)
The Westin Tempe
11 E 7th St, Tempe, AZ 85281
NEXT RESOLUTION NO. 2024-02 NEXT ORDINANCE NO. 677
NEXT RESOLUTION NO. IA 2024-01
5:30 P.M. CLOSED SESSION
CALL TO ORDER: Mayor Cruikshank
ROLL CALL: Councilmember Bradley
Councilmember Ferraro
Councilmember Seo
Mayor Pro Tem Alegria
Mayor Cruikshank
City Council Agenda
February 6, 2024
Page 2 of 7
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
CLOSED SESSION ITEM(S):
All Statutory References are to California Government Code Sections. Please be advised that, pursuant to the Ralph M. Brown A ct, “a
person may not disclose confidential information that has been acquired by being present in a Closed Session . . . to a pers on 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 – 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 LEGAL COUNSEL – INITIATION OF LITIGATION
CITY OF GRANTS PASS V. JOHNSON (Supreme Court Case No. 23-175)
The City Council will conduct a closed session, pursuant to Government Code
54956.9(d)(1) and (d)(4). The City Council will confer with the City Attorney
regarding the City’s possible participation in an amicus brief in on the Merits in the
following case: Gloria Johnson, et al. v. City of Grants Pass (U.S. Supreme Court
Case No. 23-175; US Court of Appeals for the Ninth Circuit Case No. 20-35752;
20-35881; US District Court for the District of Oregon Case No. 1:18-cv-01823-
CL.)
3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
A closed session will be held, pursuant to Government Code § 54956.9(d)(2) or
(d)(3) and (e)(1) because there is a significant exposure to litigation in two (2)
cases where the facts and circumstances giving rise to an exposure to litigation
are believed not to be known to plaintiff(s).
4. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to § 54956.9(b), (c), (d)(2): (5 potential
cases): Regional Board threatened litigation Claim 9589071052700684926334,
settlement offer R4-2024-0014; Claim No. 9589071052700684926273, settlement
offer R4-2024-0013; Claim 9589071052700684926518, settlement offer R4 -2024-
0020; Claim 9589071052700684926457, settlement offer R4 -2024-0018; Claim
9589071052700684926242, settlement offer R4 -2024-0012.
5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
City Council Agenda
February 6, 2024
Page 3 of 7
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 ROOM):
RECONVENE TO REGULAR MEETING:
7:00 P.M. – REGULAR MEETING
CALL TO ORDER: Mayor Cruikshank
ROLL CALL: Councilmember Bradley
Councilmember Ferraro
Councilmember Seo
Mayor Pro Tem Alegria
Mayor Cruikshank
PLEDGE OF ALLEGIANCE: To be announced
CLOSED SESSION REPORT:
MAYOR’S ANNOUNCEMENTS:
BY AFFIRMATION MOVE APPROVAL OF RECYCLE AND EMERGENCY PERSONAL
PREPAREDNESS KIT DRAWING WINNERS:
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 aft er 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 s peak 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)
City Council Agenda
February 6, 2024
Page 4 of 7
Recommendation: Approve the Minutes of January 16, 2024, Regular Meeting.
B. Registers of Demands (Mata)
Recommendation: 1) Adopt Resolution No. 2024-__, 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 20240105); 2) Adopt Resolution No. 2024-
__, 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 20240119);
and, 3) Adopt Resolution No. IA 2024-__, 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 December 2023 Cash
Balances/Monthly Treasurer’s Report. (Lin)
Recommendation: Receive and file the December 2023 Cash Balances/Monthly
Treasurer’s Report for the City and the Improvement Authority.
D. Consideration and possible action to receive a status report on the City's grant
program with the Palos Verdes Peninsula Land Conservancy (PVPLC) for acacia
removal throughout the City. (Hevener)
Recommendation: Receive and file a status report on the City’s grant program with
PVPLC for acacia removal throughout the City.
E. Consideration and possible action to approve Amendment No. 4 to the Employment
Agreement with City Manager Mihranian. (Huston)
Recommendation: Adopt Resolution No. 2024-__, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA,
APPROVING AMENDMENT NO. 4 TO THE EMPLOYMENT AGREEMENT WITH
CITY MANAGER MIHRANIAN.
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.
1. Consideration and possible action to approve the Fiscal Year 2024-25 Community
Development Block Grant (CDBG) Project. (Sunwoo) (15 mins)
City Council Agenda
February 6, 2024
Page 5 of 7
Recommendation: 1) Approve the proposed FY 2024-25 CDBG Project; and, 2)
Authorize the Director of Public Works to execute an agreement for the FY 2024-25
CDBG Project with the Los Angeles County Development Authority (LACDA), subject
to approval as to form by the City Attorney.
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.
2. Consideration and possible action to receive an update report and to extend the local
emergency declaration for the greater Portuguese Bend Landslide Complex. (Awwad) (60
mins)
Recommendation: 1) Receive and file an update on: a. Current conditions from the
City Geologist on the Portuguese Bend Landslide Complex ; b. Current trail conditions
impacted by the Portuguese Bend Landslide Complex within the Palos Verdes Nature
Preserve; c. Project activities responding to land movement within the Portuguese
Bend Landslide Complex; d. Landslide movement monitoring; e. Reimbursement
requests to the Federal Emergency Management Agency (FEMA) for landslide
activities in response to the California Severe Winter Storms disaster for the 2022-23
winter rain season; f. Information on eminent domain; g. Emergency preparedness
activities; h. City engagement with state and federal officials regarding the Portuguese
Bend Landslide Complex; and, 2) Adopt Resolution No. 2024-__, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES THEREBY
CONTINUING THE LOCAL EMERGENCY DECLARATION BY 60 DAYS UNTIL
APRIL 6, 2024 AS ESTABLISHED BY RESOLUTION NO. 2023 -47 ADOPTED ON
OCTOBER 3, 2023, EXTENDED BY RESOLUTION NO. 2023-56 ADOPTED ON
NOVEMBER 14, 2023, AND EXTENDED BY RESOLUTION NO. 2023-61 ADOPTED
ON DECEMBER 19, 2024.
3. Consideration and possible action to receive a report from Southern California Edison
(SCE) regarding frequent power outages in the Grandview Estates neighborhood.
(Villalpando) (15 mins)
Recommendation: 1) Receive and file a progress update report from Southern
California Edison (SCE) on addressing frequent power outages in the Grandview
Estates neighborhood; and, 2) If deemed acceptable, consider SCE's request to defer
their next detailed progress report to June 2024 contingent upon SCE's commitment
to address any emergent issues promptly if they arise before the scheduled update
and in coordination with the City Manager.
4. Consideration and possible action to receive a report on the planned Peninsula-wide
safety drill. (Villalpando) (30 mins)
Recommendation: Receive and file a status report on ongoing preparation for the
planned Peninsula-wide safety drill scheduled for 2024.
5. Consideration and possible action regarding drone light show for the City’s 2024
Fourth of July celebration. (Berg) (15 mins)
City Council Agenda
February 6, 2024
Page 6 of 7
Recommendation: 1) Affirm conducting a drone light show for the City’s 2024 Fourth
of July celebration; 2) Select from the following a preferred option for the drone light
show: a. Utilizing 100, 150 or 200 drones; and b. Entering into a one- or three-year
agreement; 3) Direct Staff to secure Sky Elements, LLC for the preferred drone light
show and for a preferred term, and to return with the Professional Services
Agreement at a future meeting as a consent calendar item.
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 6:00 P.M. on February 20, 2024, for a Closed Session meeting followed by a
7:00 P.M. Regular meeting.
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.
City Council Agenda
February 6, 2024
Page 7 of 7
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 Cl osed
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).)
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 Closed Session Special Meeting and
Regular Meeting of the City Council and Improvement Authority for February 6,
2024, 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.
,2•11,/
Time: C
Dated: January 31, 2024
City Clerk
30940 Hawthorne Boulevard/Rancho Palos Verdes, CA 90275-5391 /(310)544-5217/Fax(310)544-5291
www.rpvca.gov
CITY OF RANCHO PALOS VERDES
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) ss AFFIDAVIT OF GIVING NOTICE OF A SPECIAL
CITY OF RANCHO PALOS VERDES) MEETING CLOSED SESSION START TIME OF
5:30PM
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 early start time of 5:30PM for the Closed Session portion of the
February 6, 2024, meeting, 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 January 30, 2024, by 6:30 P.M.
ERIC ALEGRIA
30940 HAWTHORNE BLVD. LOS ANGELES TIMES
RANCHO PALOS VERDES, CA 90275 202 W. 1st Street
Email: eric.alegria@rpvca.gov Los Angeles, CA 90012
Email: newstips@latimes.com
DAVID BRADLEY
30940 HAWTHORNE BLVD. PALOS VERDES NEWS
RANCHO PALOS VERDES, CA 90275 609 DEEP VALLEY DRIVE, SUITE 200
Email: david.bradley@rpvca.gov ROLLING HILLS ESTATES, CA 90274
Email: magarcia@scng.com
JOHN CRUIKSHANK
30940 HAWTHORNE BLVD. DAILY BREEZE, EDITOR
RANCHO PALOS VERDES, CA 90275 21250 HAWTHORNE BLVD. #170
Email: john.cruikshank@rpvca.gov TORRANCE, CA 90503
Email: tbray@scng.com
PAUL SEO
30940 HAWTHORNE BLVD. ELENA Q. GERLI, CITY ATTORNEY
RANCHO PALOS VERDES, CA 90275 ALESHIRE & WYNDER, LLP
Email: paul.seo@rpvca.gov 3701 WILSHIRE BLVD., SUITE 725
LOS ANGELES, CA 90010
BARBARA FERRARO Email: enerli@rpvca.gov
30940 HAWTHORNE BLVD.
RANCHO PALOS VERDES, CA 90275
Email: barbara.ferraro@rpvca.gov
Dated: January 30, 2024
Teresa Takaoka, City Clerk
30940 Hawthorne Boulevard/Rancho Palos Verdes, CA 90275-5391 /(310)544-5208/Fax(310)544-5291
www.rpvca.gov