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CC AGD 20240716 HYBRID CITY COUNCIL MEETING The Regular of July 16, 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 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 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 JULY 16, 2024 6:00 P.M. CLOSED SESSION 7:00 P.M. – REGULAR NEXT RESOLUTION NO. 2024-45 NEXT ORDINANCE NO. 686 6:00 P.M. CLOSED SESSION CALL TO ORDER: Mayor Cruikshank ROLL CALL: Councilmember Bradley Councilmember Ferraro Councilmember Seo Mayor Pro Tem Alegria Mayor Cruikshank 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): Regular City Council Agenda July 16, 2024 Page 2 of 8 All Statutory References are to California Government Code Sections. Please be advised that, pursuant to the Ralph M. Brown Act, “a person may not disclose confidential information that has been acquired by being present in a Closed Session . . . to a person not entitled to receive it, unless the legislative body authorizes disclosure of that confidential information.” (Gov. Code § 54963(a).) “[C]onfidential information’ means a communication made in a Closed Session that is specifically related to the basis for the legislative body of a local agency to meet[] lawfully in Closed Session . . . .” (Gov. Code § 54963(a).) Please be further advised that any “[v]iolation of [Government Code § 54963] may be addressed by the use of such remedies as are currently available by law, including, but not limited to: (1) injunctive relief to prevent the disclosure of confidential information prohibited by this section; (2) disciplinary action against an [public or city official] who has willfully disclosed confidential information in violation of this section; (3) referral of a member of a legislative body who has willfully disclosed confidential information in violation of this section to a grand jury.” (Gov. Code § 54963(c).) Additionally, per Subsection (b) (Confidentiality) of Section 3.6 (Closed Session Meetings) of Chapter 3 (Types of Meetings) of the City Council Rules of Procedure is amended to read as follows: Confidentiality. No person attending a closed session shall publicly discuss or otherwise reveal the discussion, content, and/or proceedings of the closed session unless such disclosure has been approved by the vote of the Council taken during the closed session or as otherwise required by law. Violation of th is rule may subject the violator to various penalties including (i) censure by the Council as provided in Article 9.0 herein, (ii) criminal penalties as the willful failure to perform a duty under Government Code Section 1222, or other statute, (iii) referral to the grand jury, or (iv) civil actions, including issuance of an injunction. 1. PENDING LITIGATION – POTENTIAL LITIGATION AGAINST THE CITY GC SECTION 54956.9(c), (d)(2), and (e)(2) A closed session will be held, pursuant to Government Code § 54956.9(c), (d)(2), and (e)(2) because a point has been reached where, in the opinion of the City Council, on the advice of the City Attorney, based on existing facts and circumstances there is a significant exposure to litigation against the City in the following 5 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. 2. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION GC 54956.9(c), (d)(2) and (e)(2) A closed session will be held, pursuant to Government Code § 54956.9(c), (d)(2), and (e)(2) because a point has been reached where, in the opinion of the City Council, on the advice of the City Attorney, based on existing facts and circumstances there is a significant exposure to litigation against the City, which facts and circumstances concern the City’s potential liability for remediation of contamination at the BKK Landfill in West Covina. 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 Regular City Council Agenda July 16, 2024 Page 3 of 8 CLOSED SESSION REPORT: MAYOR’S ANNOUNCEMENTS: BY AFFIRMATION MOVE APPROVAL OF RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING WINNERS: Cliff Van Wagner and David Willock 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) Recommendation: Approve the Minutes of July 2, 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 20240621); and 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 20240627). C. Consideration and possible action to adopt Ordinance No. 685 amending Section 15.18.040 (Administrative code amended – Violations and penalties) of Chapter 15.18 (Administrative Code) of Title 15 (Buildings and Construction) of the Rancho Palos Verdes Municipal Code (RPVMC) to establish a penalty fee waiver for building and construction violations performed by prior property owners (Case No. PLCA2024 - 0002). (Kim) Recommendation: Adopt Ordinance No. 685, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING SECTIONS 15.18.040 (ADMINISTRATIVE Regular City Council Agenda July 16, 2024 Page 4 of 8 CODE AMENDED – VIOLATIONS AND PENALTIES) OF CHAPTER 15.18 (ADMINISTRATIVE CODE), OF TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO ESTABLISH A PENALTY FEE WAIVER FOR BUILDING AND CONSTRUCTION VIOLATIONS PERFORMED BY PRIOR PROPERTY OWNERS. D. Consideration and possible action to adopt Ordinance No. 683 and 684 amending Chapter 17.78 (Miscellaneous) and Chapter 17.75 (Sign Code) in Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code to prohibit the submittal of multiple applications for conflicting projects on the same property, and to allow for the remodeling and/or reconstruction of existing legal non-conforming freestanding monument, directory and pole signs (Case Nos. PLCA2024-0006 and PLCA2024- 0005, respectively). (Seeraty) Recommendation: 1) Adopt Ordinance No. 683, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING §17.78.030 (CONSIDERATION OF MULTIPLE APPLICATIONS) OF CHAPTER 17.78 (MISCELLANEOUS) IN TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO PROHIBIT THE SUBMITTAL OF CONCURRENT OR SIMULTANEOUS PRELIMINARY APPLICATIONS AND/OR DEVELOPMENT APPLICATIONS FOR MUTUALLY EXCLUSIVE AND CONFLICTING PROJECTS AT THE SAME LOCATION, AND DETERMINE THE CODE AMENDMENT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; and, 2) Adopt Ordinance No. 684, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING §17.75.140.B (LEGAL NONCONFORMING SIGNS) OF CHAPTER 17.75 (SIGN CODE) IN TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO ALLOW FOR THE REMODELING AND/OR RECONSTRUCTION OF EXISTING LEGAL NON-CONFORMING FREESTANDING MONUMENT AND DIRECTORY SIGNS, AND POLE SIGNS, AND DETERMINE THE CODE AMENDMENT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. E. Consideration and possible action to enter into a Memorandum of Understanding (MOU) between the City of Rancho Palos Verdes and “Run for Myles” to co-host a non-profit event. (Bailiff) Recommendation: Authorize the Mayor to execute an MOU between the City of Rancho Palos Verdes and Run for Myles to co-host a non-profit 1k, 5k, and 10k race event on September 28, 2024, in a form approved by the City Attorney. F. Consideration and possible action to reconfirm continuing the emergency justification for work and contract bidding on the Portuguese Bend Landslide Emergency Hydraugers Project. (Copp) Recommendation: 1) Reconfirm, by a four-fifths vote, there is a need to continue the work on the Portuguese Bend Landslide Emergency Hydraugers Project declared by Council-adopted Resolution No. 2024-20 on May 7, 2024, finding an emergency exists requiring immediate action to install hydraugers in the Portuguese Bend Landslide to seek to mitigate the movement of the landslide; and, 2) Direct the City Clerk to confirm the same in the minutes of this City Council meeting, via Minute Order, reflecting this action. Regular City Council Agenda July 16, 2024 Page 5 of 8 G. Consideration and possible action to ratify emergency response services invoices and approve Amendment No. 6 to the professional services agreement with Stay Green Inc. for Citywide landscaping and general maintenance services. (Hernandez) Recommendation: 1) Ratify payments to Stay Green, Inc. in the amount of $491,798 for emergency response services related to the landslide emergency declaration and January 31 to February 9, 2024 winter storm; 2) Approve Amendment No. 6 to the Amended and Restated Professional Services Agreement with Stay Green Inc. for Citywide landscaping and general maintenance services, thereby extending the term through September 30, 2024 and increasing the contract sum by $444,000 for the period of July 1, 2024 through September 30, 2024 to bring the total contract sum to $11,399,641 over the seven-year and seven-month term of the agreement; and, 3) Authorize the Mayor and City Clerk to execute Amendment No. 6 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 approve setting the Citywide Landscaping and Lighting Maintenance District levy to zero for Fiscal Year 2024-25. (Hevener) (15 mins) Recommendation: 1) Conduct a public hearing for the proposed levy of the Citywide Landscaping and Lighting Maintenance District for Fiscal Year 2024-25; and, 2) Adopt Resolution No. 2024-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES SETTING THE LEVY AT ZERO WITHIN THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 2024-25 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE. 2. 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 Driv e (Case No. PLCU2023-0004). (Silva) (60 mins) Recommendation: 1) Receive and file the City Attorney’s legal opinion that Mayor Pro Tem Alegria may participate in this agenda item discussion; 2) Review information prepared by the City Geologist on the potential impacts of maintaining the as-built conditions versus the removal of the unpermitted improvements on the Regular City Council Agenda July 16, 2024 Page 6 of 8 subject 2:1 slope as requested by the City Council at its November 14, 2023 meeting, and if the proposal to amend the conditions of approval for the Trump National Golf Club is acceptable; 3) Adopt Resolution No. 2024-__, 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, 4) Adopt Resolution No. 2024-__, 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). 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 an update on planned repairs to the “ski jump” on Palos Verdes Drive South in the Greater Portuguese Bend Landslide Complex.(Awwad) (60 mins) Recommendation: 1) Receive and file two options to maintain the traversability of Palos Verdes Drive South between Narcissa and Peppertree, known locally as the “ski jump;” and, 2) Direct Staff to return to the City Council with a new agreement to continue with regular asphalt repairs to smooth out the vertical grade of the area of significant subsidence on Palos Verdes Drive South between Narcissa Drive and Peppertree Drive, at the “ski jump,” among other repairs on roadways affected by accelerated movement of the Greater Portuguese Bend Landslide Complex. 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 6:00P.M. on August 6, 2024, for a Closed Session meeting followed by a 7:00 P.M. Regular meeting. Regular City Council Agenda July 16, 2024 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 Regular City Council Agenda July 16, 2024 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 July 16, 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. dire Time: 5 *.0S H Dated: July 10, 2 24 C-4 u.)nietievel, City Clerk 30940 Hawthorne Boulevard/Rancho Palos Verdes, CA 90275-5391 /(310)544-5217/Fax(310)544-5291 www.rpvca.gov