CC AGD 20240806
HYBRID CITY COUNCIL MEETING
The Regular Meeting of August 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 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
REGULAR MEETING
FRED HESSE COMMUNITY PARK, MCTAGGART HALL
29301 HAWTHORNE BOULEVARD, RANCHO PALOS VERDES 90275
AUGUST 6, 2024
6:00 P.M. CLOSED SESSION
7:00 P.M. – REGULAR MEETING
NEXT RESOLUTION NO. 2024-50 NEXT ORDINANCE NO. 686
NEXT RESOLUTION NO. IA 2024-08
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
City Council Agenda
August 6, 2024
Page 2 of 8
CLOSED SESSION ITEM(S):
All Statutory References are to California Government Code Sections. Please be advised that, pursuant to the Ralph M. Brown Act,
“a person may not disclose confidential information that has been acquired by being present in a Closed Session . . . to a 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 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. 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.
2. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION
GC SECTION 54956.9(c), (d)(2), and (e)(3)
A closed session will be held, pursuant to Government Code § 54956.9(c), (d)(2),
and (e)(3) 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 22 cases: Donald Schmid; Negar “Nikki” Noushkam: David R. and
Shelley Roth; Dennis Jaconi; Patty Perkinson; Frank and Karen Kostrencich;
Sarah and Matthew Stelwagen; Robin Pierson; Frank Matura; Michael K. Bible;
Steve Morenberg; Christine and Lawrence Williams; Junichi Kasuga and Yuko
Kasuga (co-trustees of Kasuga Family Trust); Mark L. Young; David G. French;
Mohammadreza Tahmasebi, Delbar Tahmasebi, Shaghayegh Tahmasebi, Shayan
Tahmasebi; Paul Galletti (Trustee of Paul C. Galletti Living Trust); Deirdre A.
Heimer and Christopher H. Heimer; Michele Smith; Lawrence Stewart Paul and
Julie W. Paul; Gregory C. Montgomery and Sandra L. Montgomery,(Trustees of
the Gregory and Santra Montgomery Trust, dated December 28, 2005 Amended
October 4, 2011); and, Vincent J. Iacono and Theresa Iacono. These claims are
available for public inspection at the City Clerk’s office.
3. CONFERENCE WITH LEGAL COUNSEL –PENDING LITIGATION
GC SECTION 54956.9(c), (d)(2) and (e)(1)
A closed session will be held, pursuant to Government Code § 54956.9(c), (d)(2)
City Council Agenda
August 6, 2024
Page 3 of 8
and (e)(1) 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 one
case, where the facts and circumstances giving rise to an exposure to litigation are
believed to be unknown to the putative plaintiff(s).
4. CONFERENCE WITH LEGAL COUNSEL –INITIATION OF LITIGATION
GC SECTION 54956.9(c), (d)(4)
A closed session will be held, pursuant to Government Code § 54956.9(c) and
(d)(4), because the City Council has decided or is deciding whether to initiate
litigation.
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: Lynn Bridgman and Jo-Ann Aguiar
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:
City Council Agenda
August 6, 2024
Page 4 of 8
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 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; and, 2) 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 June 2024 Cash Balances/Monthly
Treasurer’s Reports. (Lin)
Recommendation: Receive and file the June 2024 Cash Balances/Monthly
Treasurer’s Report for the City and the Improvement Authority.
D. Consideration and possible action to designate voting delegate alternates for the
upcoming Cal Cities Annual Business Meeting. (Sisson)
Recommendation: Designate Mayor Cruikshank as the voting delegate with
Councilmember Bradley and City Manager Mihranian as the first and second voting
delegate alternates for the Cal Cities Annual Business Meeting scheduled for October
18, 2024.
E. Consideration and possible action to authorize the Mayor to execute the First
Amendment to the Memorandum of Understanding between the City and Los Angeles
Gateway Regional Water Management Joint Powers Authority. (Hevener)
Recommendation: Authorize the Mayor to execute the First Amendment to the
Memorandum of Understanding between member cities, including Rancho Palos
Verdes, and the Gateway Water Management Joint Powers Authority for
administration and cost sharing for the implementation of the coordinated compliance,
monitoring, and reporting plan for the Dominguez Channel and Los Angeles and Long
Beach Harbors Waters Toxic Pollutants total maximum daily loads.
F. Consideration and possible action to authorize the City Manager to execute the
Transfer Agreement for the Measure W Safe Clean Water Program. (Hevener)
Recommendation: Authorize the Mayor to execute the Transfer Agreement between
the Los Angeles County Flood Control District and the City for the Measure W Safe
Clean Water Program through Fiscal Year 2027-28.
City Council Agenda
August 6, 2024
Page 5 of 8
G. 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.
H. Consideration and possible action regarding a claim against the City by Edwina
Matharu. (Sisson)
Recommendation: Reject the claim and direct Staff to notify the claimant, Edwina
Matharu.
I. Consideration and possible action to receive a status report on changes to labor
codes impacting goat herders (Assembly Bill 1066) for fuel modification services.
(Hevener)
Recommendation: Receive and file a status report on changes to labor codes
impacting goat herders (Assembly Bill 1066) for fuel modification services.
J. Consideration and possible action to approve a restated license agreement between
the City and Los Angeles SMSA Limited Partnership for continued operation of a
wireless telecommunications facility at the Ken Dyda Civic Center. (City Attorney’s
Office)
Recommendation: 1) Approve a restated license agreement between the City and
Los Angeles SMSA Limited Partnership (DBA Verizon Wireless) for maintenance,
minor upgrades, and continued operation of a wireless telecommunications facility at
the Ken Dyda Civic Center located at 30940 Hawthorne Boulevard; and, 2) Authorize
the Mayor and City Clerk to execute the License Agreement in a form approved by the
City Attorney.
K. Consideration and possible action to award a Public Works Agreement for the
Citywide roadway maintenance for Fiscal Years 2024-2025 through 2028-29 to Hardy
& Harper, Inc. (Hernandez)
Recommendation: 1) Award a multi-year Public Works Agreement to Hardy and
Harper, Inc. for Citywide roadway maintenance services in the amount of $400,087 for
Fiscal Year (FY) 2024-25 at a total agreement amount of $2,000,435, with a 10%
contingency, over a five-year period plus annual Consumer Price Index (CPI)
increases; and, 2) Authorize the Mayor and City Clerk to execute the agreement, in
forms 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
City Council Agenda
August 6, 2024
Page 6 of 8
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.
None.
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.
1. Consideration and possible action to receive a report on the greater Portuguese Bend
Landslide Complex. (Jun/Forbes/Awwad/Gerli) (2 hours 30 mins)
Recommendation: 1) 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 OCTOBER 5, 2024
AS ESTABLISHED BY RESOLUTION NO. 2023-47 ADOPTED ON OCTOBER 3,
2023; AND EXTENDED BY RESOLUTION NO. 2023-56 ADOPTED ON NOVEMBER
14, 2023, RESOLUTION NO. 2023-61 ADOPTED ON DECEMBER 19, 2023,
RESOLUTION NO. 2024-05 ADOPTED ON FEBRUARY 6, 2024, RESOLUTION NO.
2024-13 ADOPTED ON MARCH 19, 2024, RESOLUTION NO. 2024-20 ADOPTED
ON MAY 7, 2024, AND RESOLUTION NO. 2024-44 ADOPTED ON JULY 2, 2024; 2)
Adopt Resolution No. 2024-__, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES ESTABLISHING A LOCAL EMERGENCY
DECLARATION BASED ON A SUDDEN AND SEVERE ENERGY SHORTAGE; 3)
Ratify a letter signed and sent by the City Manager to CalOES and FEMA requesting
individual assistance for residents impacted by the accelerated movement in the
Landslide Complex; 4) Ratify a letter signed and sent by the City Manager to the
Federal Highway Administration (FHWA) seeking financial assistance for the City to
fund repairs to a portion of Palos Verdes Drive South located within the Landslide
Complex; 5) Receive and file a report on the status of utilities (including SoCalGas,
SCE, CalWater, LA County Public Works, and Communications); 6) Receive and file a
report on resource assistance available to residents impacted by land movement;
and, 7) Receive and file a report on the process the City’s Building and Safety
Department will implement to inspect structures within the g reater Portuguese Bend
Landslide Complex for structural stress.
2. Consideration and possible action to receive a report from Southern California Edison
(SCE) providing a status update on the frequency of power outages and long -term
measures to mitigate frequent and prolonged power outages in the Grandview
Estates neighborhood. (Jun) (60 mins)
Recommendation: 1) Receive and file a status report from Southern California
Edison (SCE) regarding power outages and mitigation measures in the Grandview
Estates neighborhood; and, 2) If deemed acceptable, consider SCE's request to
City Council Agenda
August 6, 2024
Page 7 of 8
provide a detailed progress report regarding power outages and mitigation measures
in the Grandview Estates Neighborhood to the City Council in August 2025 with
monthly updates to the City Manager.
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 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.
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
City Council Agenda
August 6, 2024
Page 8 of 8
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
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 and
Improvement Authority for August 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.
'AM
Time: tevi
l b°
Dated: August 2, 2024
C4/4, everiel:243,...;
City Clerk
30940 Hawthorne Boulevard/Rancho Palos Verdes, CA 90275-5391 /(310)544-5217/Fax(310)544-5291
www.rpvca.gov