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CC AGD 20240903 SPC *HYBRID CITY COUNCIL MEETING The Special Meeting of September 3, 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. AGENDA RANCHO PALOS VERDES CITY COUNCIL SPECIAL MEETING TUESDAY, SEPTEMBER 3, 2024 – 3:00 P.M. FRED HESSE COMMUNITY PARK, MCTAGGART HALL 29301 HAWTHORNE BOULEVARD, RANCHO PALOS VERDES 90275 NEXT RESOLUTION NO. 2024-57 3:00 P.M. – SPECIAL MEETING MCTAGGART HALL 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): 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 Special Meeting Agenda September 3, 2024 Page 2 of 4 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 –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: 3:00 P.M. – REGULAR MEETING CALL TO ORDER: Mayor Cruikshank ROLL CALL: Councilmember Bradley Councilmember Ferraro Councilmember Seo Mayor Pro Tem Alegria Mayor Cruikshank CLOSED SESSION REPORT: APPROVAL OF AGENDA: PUBLIC COMMENTS: (Limited to items listed on this Special Meeting Agenda) During Public Comments any person may address the Council, limited to items listed on this special meeting 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. 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 Council should refer to the separate cover for public participation options or visit www.rpvca.gov/participate. 1. Consideration and possible action to declare a Local State of Emergency based on a sudden and severe energy shortage due to planned de-energization events. Special Meeting Agenda September 3, 2024 Page 3 of 4 Recommendation: 1) Receive a report from Southern California Edison on the recent de-energization of the Portuguese Bend Community Association and Seaview neighborhoods; 2) Adopt Resolution No. 2024-XX, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, TO AMEND RESOLUTION NO. 2024-52, DECLARING THE EXISTENCE OF A LOCAL EMERGENCY WITHIN THE GEOGRAPHIC BOUNDARIES OF THE PORTUGUESE BEND COMMUNITY ASSOCIATION BASED ON A SUDDEN AND SEVERE ENERGY SHORTAGE AND A PLANNED DEENERGIZATION EVENT, AND TO EXPAND THE STATE OF EMERGENCY TO INCLUDE THE SEAVIEW NEIGHBORHOOD BASED ON A PLANNED DEENERGIZING EVENT; 3) Authorize the Mayor to sign a letter to CalOES and FEMA requesting individual assistance for residents impacted by the accelerated movement in the Landslide Complex; and, 4) Authorize the Mayor to sign a letter to Governor Newsom requesting he declare a state of emergency to deploy financial and in-kind public and individual assistance. 2. Consideration and possible action to receive a report on the installation of a Southern California Edison (SCE) temporary power pole at the Ladera Linda Community Center. (Jun) (15 mins) Recommendation: 1) Receive and file this report and direct staff to continue processing a retroactive encroachment permit for SCE to install a temporary power pole at the Ladera Linda Community Center; and, 2) Direct Staff to continue monitoring SCE’s progress towards meeting all conditions, including a permanent solution, and providing the City Council will periodic progress reports ensuring that the temporary power pole will be removed from Ladera Linda Community Center within the specified timeframes. ADJOURNMENT: Adjourn to 6:00 P.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 Special Meeting Agenda September 3, 2024 Page 4 of 4 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 who has willfully disclosed confidential information in violation of this section to a grand jury.” (Gov. Code § 54963(c).) American with Disabilities Act: In compliance with the Americans with Disabilities Act, if you require an accommodation to participate in this meeting, please contact the City Clerk’s Office prior to the meeting at: cityclerk@rpvca.gov; by phone at 310-544-5217; or mail 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275. The City’s reasonable accommodation policy is available for review on the City’s website (see City Council Policy 58). Please note that for accommodations that are not readily available, you should make your request as soon as you can prior to the time of the meeting. CEQA Compliance (Changes as of 11/7/22): Unless stated otherwise on the agenda, every item on the agenda is exempt from CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15323 and/or Public Resources Code Section 21065. 01203.0001/851364.1 30940 Hawthorne Boulevard / Rancho Palos Verdes, CA 90275-5391 / (310) 544-5208 / Fax (310) 544-5291 www.rpvca.gov STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES) AFFIDAVIT OF GIVING NOTICE OF A SPECIAL MEETING 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 Special Meeting of September 3, 2024, at 3:00 PM, 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 September 2, 2024, by 3:00 P.M. ERIC ALEGRIA 30940 HAWTHORNE BLVD. RANCHO PALOS VERDES, CA 90275 Email: eric.alegria@rpvca.gov DAVID BRADLEY 30940 HAWTHORNE BLVD. RANCHO PALOS VERDES, CA 90275 Email: david.bradley@rpvca.gov JOHN CRUIKSHANK 30940 HAWTHORNE BLVD. RANCHO PALOS VERDES, CA 90275 Email: john.cruikshank@rpvca.gov PAUL SEO 30940 HAWTHORNE BLVD. RANCHO PALOS VERDES, CA 90275 Email: paul.seo@rpvca.gov BARBARA FERRARO 30940 HAWTHORNE BLVD. RANCHO PALOS VERDES, CA 90275 Email: barbara.ferraro@rpvca.gov LOS ANGELES TIMES 202 W. 1st Street Los Angeles, CA 90012 Email: newstips@latimes.com PALOS VERDES NEWS 609 DEEP VALLEY DRIVE, SUITE 200 ROLLING HILLS ESTATES, CA 90274 Email: magarcia@scng.com DAILY BREEZE, EDITOR 21250 HAWTHORNE BLVD. #170 TORRANCE, CA 90503 Email: tbray@scng.com ELENA Q. GERLI, CITY ATTORNEY ALESHIRE & WYNDER, LLP 3701 WILSHIRE BLVD., SUITE 725 LOS ANGELES, CA 90010 Email: egerli@rpvca.gov Dated: September 2, 2024 ______________ Teresa Takaoka, City Clerk