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CC AGD 20240820 HYBRID CITY COUNCIL MEETING The Regular meeting of August 20, 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 AUGUST 20, 2024 6:00 P.M. CLOSED SESSION 7:00 P.M. – REGULAR NEXT RESOLUTION NO. 2024-53 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 Regular City Council Agenda August 20, 2024 Page 2 of 7 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 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 Regular City Council Agenda August 20, 2024 Page 3 of 7 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: Laurie Gray and Patrick Ford 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 August 6, 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. C. Consideration and possible action to approve a purchase order for $74,300 with Southern California News Group (SCNG) for Citywide advertising. (Loya) Recommendation: Approve the Fiscal Year (FY) 2024-25 purchase order with SCNG for an amount not to exceed $74,300 for Citywide advertising. D. 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 there is a need to continue the work on the Portuguese Bend Landslide Emergency Hydraugers Project declared by Council- Regular City Council Agenda August 20, 2024 Page 4 of 7 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. E. Consideration and possible action to adopt the South Bay Cities Council of Governments Good Neighbor Pledge relating to addressing homelessness in the South Bay region. (Jun) Recommendation: 1) Approve the South Bay Cities Council of Governments (SBCCOG) Good Neighbor Pledge; 2) Authorize the Mayor to sign the Pledge on the City Council’s behalf and participate in a signing ceremony hosted by the SBCCOG; and, 3) Direct staff to ensure all appropriate stakeholders including City Staff and the Los Angeles County Sheriff’s Department are made fully aware of all resources that are available to individuals experiencing homelessness in order to make them more easily accessible. F. Consideration and possible action to award a professional services agreement to Bucknam Infrastructure Group, Inc., for the City’s 2025 Roadway Asset Management Program Triennial Update. (Sunwoo) Recommendation: 1) Award a professional services agreement to Bucknam Infrastructure Group, Inc. for engineering services for the City’s 2025 Roadway Asset Management Program Triennial Update, in the not to exceed amount of $224,600 with a 15% contingency of $33,700 for a sum of $258,300; 2) Authorize the Mayor to execute the agreement in a form approved by the City Attorney; and, 3) Approve an additional appropriation of $63,300 from the SB -1 Fund for the Roadway Asset Management Program engineering services. 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 consider an appeal of the Planning Commission’s decision to approve a View Restoration Permit at 29624 S. Trotwood Drive (Case No. PLVR2022-0010). (Nemeth) (60 mins) Recommendation: Adopt Resolution No. 2024-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING AN APPEAL, THEREBY UPHOLDING THE PLANNING COMMISSION’S DECISION BY Regular City Council Agenda August 20, 2024 Page 5 of 7 CONDITIONALLY APPROVING, WITH AMENDED CONDITIONS OF APPROVAL, A VIEW RESTORATION PERMIT REQUIRING THE APPELLANT AT 29624 S. TROTWOOD DRIVE TO CROWN REDUCE A TOTAL OF 11 TREES TO THE HEIGHT LEVEL DEPICTED IN ATTACHMENT NO. 3D, WITH THE OPTION TO REMOVE AND REPLACE SPECIFIC TREES, AS DESCRIBED IN CONDITION OF APPROVAL NOS. 3 TO 5, AND THE REMOVAL AND REPLACEMENT OF ONE PINE TREE ON THE PROPERTY LOCATED AT 2133 W. GENERAL STREET, AND THE REMOVAL AND REPLACEMENT OF ONE PALM TREE LOCATED AT 29623 S. TROTWOOD DRIVE IN ORDER TO RESTORE THE APPLICANTS’ VIEWS FROM 29642 N. ENROSE AVE., 29648 N. ENROSE AVE., AND 29636 N. ENROSE AVE. (CASE NO. PLVR 2022-0010). 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 on the Portuguese Bend Landslide and Emergency Hydraugers Project and a 10 -day report on the proposed extension of the Interim Urgency Ordinance. (Awwad) (60 mins) Recommendation: 1) Receive and file an update on the Portuguese Bend Landslide Complex and the Emergency Hydraugers Project; 2) Authorize Staff to expand the scope of the Portuguese Bend Landslide Emergency Hydraugers project to the Greater Portuguese Bend Landslide Complex/Ancient Altamira Landslide Complex inclusive of the Abalone Cove, Portuguese Bend, Klondike Canyon, and Beach Club Landslides, and return with professional services agreements to implement the expanded scope; 3) Direct Staff to provide in-kind services to the Abalone Cove Landslide Abatement District (ACLAD) and Klondike Canyon Landslide Abatement District (KCLAD) to include the Abalone Cove and the Klondike Canyon Landslides as part of a unified and coordinated strategy to manage the Greater Portuguese Bend/Ancient Altamira Landslide Complex; 4) Direct Staff to consider new alternatives, in addition to hydraugers, for managing the Greater Portuguese Bend Landslide Complex/Ancient Altamira Landslide Complex based on recent data collected from test boreholes; 5) Ratify the Right of Access Agreement between the City and the Portuguese Beach Club Homeowners Association (PBCHOA) to allow access via PBCHOA-owned property for test boreholes associated with the Portuguese Bend Landslide Emergency Hydraugers Project; and, 6) Receive and file the “10-day report” that is required to be issued 10 days prior to the expiration or extension of an interim urgency ordinance pursuant to California Government Code § 65858(d). 3. Consideration and possible action to take a position on the Palos Verdes Peninsula Unified School District Classroom Repair/Student Safety Bond Measure. (Jun) (15 mins) Recommendation: 1) Discuss the Palos Verdes Peninsula Unified School District (PVPUSD) Classroom Repair/Student Safety Bond Measure; and, 2) If the City Council desires to take a support position on the Bond Measure, adopt Resolution No. 2024-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO Regular City Council Agenda August 20, 2024 Page 6 of 7 PALOS VERDES THEREBY EXPRESSING ITS SUPPORT WHICH MAY BE USED FOR CAMPAIGN PURPOSES. 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 September 3, 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 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 Regular City Council Agenda August 20, 2024 Page 7 of 7 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 Regular Meeting of the City Council for August 20, 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. Ir Time: q° Vik4 Dated: August 14, 2024 Ci11637 --Ja,lexcE4i,24),_ City Clerk 30940 Hawthorne Boulevard/Rancho Palos Verdes, CA 90275-5391 /(310)544-5217/Fax(310)544-5291 www.rpvca.gov