CC AGD 20240903 AMENDED
HYBRID CITY COUNCIL MEETING
The Amended Regular 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/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.
**AMENDED 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
SEPTEMBER 3, 2024
6:00 P.M. CLOSED SESSION
7:00 P.M. – REGULAR MEETING
**AMENDED TO INCLUDE CONSENT ITEM LETTER I
AND REGULAR BUSINESS ITEM NO. 6
NEXT RESOLUTION NO. 2024-55 NEXT ORDINANCE NO. 686
NEXT RESOLUTION NO. IA 2024-09
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:
City Council Amended Agenda
September 3, 2024
Page 2 of 8
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 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 disc ussion, 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 – EXISTING LITIGATION
GC 54956.9(c), (d)(1).
A closed session will be held, pursuant to Government Code §54956.9(c), (d)(1),
to confer with legal counsel regarding existing litigation to which the City is a
party. The title of such litigation is as follows: Anderson at al. v. City of Rancho
Palos Verdes et al., Los Angeles Superior Court Case No. 24STCV20953.
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
City Council Amended Agenda
September 3, 2024
Page 3 of 8
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: Kurt Muller and Carol Berkonite
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 20, 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 Ju ly 2024 Cash Balances/Monthly
Treasurer’s Reports. (Lin)
Recommendation: Receive and file the July 2024 Cash Balances/Monthly
Treasurer’s Report for the City and the Improvement Authority.
City Council Amended Agenda
September 3, 2024
Page 4 of 8
D. Consideration and possible action regarding a claim against the City by George
Mardikian. (Sisson)
Recommendation: Reject the claim and direct Staff to notify the claimant, George
Mardikian.
E. Consideration and possible action to award a professional services agreement to Show
Ready Inc. to design, fabricate, and install two new exhibits at the Point Vicente
Interpretive Center. (Rodin)
Recommendation: 1) Award a professional services agreement (PSA) to Show
Ready Inc. to design, fabricate, and install two new exhibits at the Point Vicente
Interpretive Center (PVIC); 2) Authorize the Mayor and City Clerk to execute the PSA,
in a form acceptable to the City Attorney; and, 3) Approve an additional appropriation
of $45,000 from the Donor Restricted Contribution Fund.
F. Consideration and possible action to file a Notice of Completion for the Ladera Linda
Community Park Project construction contract. (O’Neill)
Recommendation: 1) Accept the Ladera Linda Community Park Project’s
construction contract as complete; 2) Authorize the City Clerk to file a Notice of
Completion for the construction contract with the Los Angeles County Registrar-
Recorder’s Office; and if no claims are filed within 35 days after recordation, send a
notice to the surety company to exonerate the Performance Bond; and, 3) Authorize
the Director of Public Works to release the 5% construction retention payment to AMG
& Associates, Inc., 35 days after recordation of the Notice of Completion by the Los
Angeles County Registrar-Recorder’s Office, contingent upon no claims being filed on
the project, and the contractor posting an acceptable warranty bond with the City.
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 to issue a Request for Proposal for a development
impact fee study. (Ramos)
Recommendation: 1) Review the Finance Advisory Committee’s (FAC)
recommendation to initiate a development impact fee study (also known as a Nexus
Study) to potentially establish appropriate impact fees for future development projects;
and, 2) If deemed acceptable, direct Staff to issue a request for proposals (RFP) from
qualified fee consultants to develop the Nexus Study for consideration by the City
Council at a future meeting.
**I. Consideration and possible action to ratify two letters requesting Governor Newsom
to veto Senate Bill 450 (Atkins) and Senate Bill 937 (Wiener) (Jun)
City Council Amended Agenda
September 3, 2024
Page 5 of 8
Recommendation: 1) Ratify a letter signed by Mayor Cruikshank, requesting Governor
Newsom to veto Senate Bill (SB) 450: Housing Development: approvals (Atkins); and,
2) Ratify a letter signed by Mayor Cruikshank, requesting Governor Newsom to veto
Senate Bill (SB) 937: Development projects: fees and charges (Wiener)
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 extend the construction moratorium and establish
temporary home hardening and alternative housing regulations within the greater
Portuguese Bend Landslide Complex. (Forbes) (60 mins)
Recommendation: 1) Adopt Urgency Ordinance No. __U, AN INTERIM URGENCY
ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA,
EXTENDING THE MORATORIUM ON THE ACCEPTANCE OR PROCESSING OF
APPLICATIONS, ISSUANCE OF PERMITS, AND CONSTRUCTION OF ALL
STRUCTURES WITHIN THE PORTUGUESE BEND LANDSLIDE COMPLEX
ADOPTED BY ORDINANCE 674U AND EXTENDED BY ORDINANCE 675U, FOR
AN ADDITIONAL 12 MONTHS, EXPIRING OCTOBER 2, 2025; and, 2) Adopt
Urgency Ordinance No. __ U AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, ESTABLISHING
REGULATIONS AND PROCEDURES TO INSTALL TEMPORARY MEASURES TO
PRESERVE EXISTING STRUCTURES AND TO AUTHORIZE TEMPORARY
HOUSING ON THE SAME SITE AS AN EXISTING RESIDENCE, WITHIN THE
PORTUGUESE BEND LANDSLIDE COMPLEX.
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 take a position on the Palos Verdes Peninsula
Unified School District Classroom Repair/Student Safety Bond Measure. (Jun)
(15 mins)
Recommendation: 1) Consideration of the Palos Verdes Peninsula Unified School
District (PVPUSD) Classroom Repair/Student Safety Bond Measure as continued
from August 20, 2024; and, 2) If the City Council desires to take a support position on
City Council Amended Agenda
September 3, 2024
Page 6 of 8
the Bond Measure, adopt Resolution No. 2024-___, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES THEREBY EXPRESSING
ITS SUPPORT WHICH MAY BE USED FOR CAMPAIGN PURPOSES.
3. Consideration and possible action to evaluate the Housing Sites Inventory of the City
Council-Adopted 2021-2029 Housing Element. (Bobbett) (15 mins)
Recommendation: Evaluate Staff’s assessment of the Housing Sites Inventory of the
City Council-Adopted 2021-2029 Housing Element that could be removed from the
inventory list while still remaining in compliance with State Housing Laws and provide
Staff with further direction.
4. Consideration and possible action to provide direction on a Citywide Electric Bicycle (E-
Bike) ordinance. (Casil) (15 mins)
Recommendation: 1) Receive and file a status report on the development of a
Citywide E-Bike ordinance; and, 2) If deemed acceptable, direct Staff to return with a
draft Citywide E-Bike ordinance, with review and input from the City’s Traffic Safety
Committee and Youth Advisory Committee, for future Council consideration .
5. Consideration and possible action to receive a first quarter status report on Fiscal Year
(FY) 2024-25 City Council Goals. (Jun) (30 mins)
Recommendation: Receive and file a first-quarter status report on the FY 2024-25
City Council Goals.
6. 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 Commun ity Center within
the specified timeframes.
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:
City Council Amended Agenda
September 3, 2024
Page 7 of 8
Adjourn to 6:00P.M. on September 17, 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
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,
City Council Amended Agenda
September 3, 2024
Page 8 of 8
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 September 3, 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.
r
Time: to : oo
Pam,
Dated: August 29, 2024
City Clerk
30940 Hawthorne Boulevard/Rancho Palos Verdes, CA 90275-5391 /(310)544-5217/Fax(310)544-5291
www.rpvca.gov
)i:t1".,ii4
V.174 e:
CITY OF RANCHO PALOS VERDES
ty,
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 AMENDED agenda for the Regular Meeting of the City
Council and Improvement Authority for September 3, 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.
Time:
00 c 4/1.
Dated: August 30, 2024
Cir.b.tjaketet2.c.,_
City Clerk
30940 Hawthorne Boulevard/Rancho Palos Verdes, CA 90275-5391 /(310)544-5217/Fax(310) 544-5291
www.rpvca.gov