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CC AGD 20241106 HYBRID CITY COUNCIL MEETING The Regular Meeting of Wednesday, November 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 WEDNESDAY, NOVEMBER 6, 2024 6:00 P.M. CLOSED SESSION 7:00 P.M. – REGULAR MEETING NEXT RESOLUTION NO. 2024-64 NEXT ORDINANCE NO. 689 NEXT RESOLUTION NO. IA 2024-11 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 November 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 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION GC § 54957, 54957.6 A closed session will be held, pursuant to Government Code § 54957 to conduct an employee performance evaluation and discuss compensation for the position of City Attorney. 2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION 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. 3. 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. 4. CONFERENCE WITH LEGAL COUNSEL – REAL PROPERTY TRANSACTION GC SECTION 54956.8 A closed session will be held, pursuant to Government Code § 54956.8 to consider the purchase of real property by or for the City, and if applicable to grant City Council Agenda November 6, 2024 Page 3 of 8 authority to its negotiators regarding the price and terms of payment for the purchase regarding certain properties in the landslide area (undetermined at this time), pursuant to the Greater Portuguese Bend Landslide Complex Buyout Program. The City’s negotiators are the City Manager and City Attorney. 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: George Walker and Michael Tom 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 City Council Agenda November 6, 2024 Page 4 of 8 A. Approval of Minutes (Sisson) Recommendation: Approve the Minutes of October 15, 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 September 2024 Cash Balances/Monthly Treasurer’s Reports. (Lin) Recommendation: Receive and file the September 2024 Cash Balances/Monthly Treasurer’s Report for the City and the Improvement Authority. D. Consideration and possible action regarding a claim against the City by Mohammad Fakhreddine. (Sisson) Recommendation: Reject the claim and direct Staff to notify the claimant, Mohammad Fakhreddine E. Consideration and possible action regarding a claim against the City by Kohei Chikazawa. (Sisson) Recommendation: Reject the claim and direct Staff to notify the claimant, Kohei Chikazawa. F. Consideration and possible action to file a Notice of Completion for the Restroom Improvements at the Point Vicente Interpretive Center project. (O’Neill) Recommendation: 1) Accept the Restroom Improvements at the Point Vicente Interpretive Center Project (PVIC) construction contract as complete; 2) Authorize the City Clerk to file a Notice of Completion for the project 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 Ambit Construction & Design, 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 approve constructing drainage improvements at the Point Vincente Interpretive Center. (Sunwoo/Copp) Recommendation: 1) Approve the plans, specifications, and construction documents for drainage improvements at the Point Vicente Interpretive Center (PVIC); 2) Award a construction contract for the drainage improvements project at the PVIC to Estate Design and Construction, Inc., in the amount of $60,000, with a contingency of 10% or $6,000, for a total amount of up to $66,000; and,3) Authorize the Mayor and City Clerk to execute the contracts in forms approved by the City Attorney. City Council Agenda November 6, 2024 Page 5 of 8 H. Consideration and possible action to receive the 2023 Annual Report for the Palos Verdes Nature Preserve. (Wolterding) Recommendation: 1) Receive and file the 2023 Annual Report for the Palos Verdes Nature Preserve; and, 2) Authorize the City Manager to sign the Annual Report Certification Statement required by the U.S. Fish and Wildlife Service. I. Consideration and possible action to adopt a City Council Policy on Security Cameras and Video Retention. (Waters) Recommendation: Adopt City Council Policy No. 59, the City’s Security Camera and Video Retention Policy. J. Consideration and possible action to approve an agreement with California Wood Recycling, Inc. (DBA Agromin) to procure compost material pursuant to Senate Bill 1383 (Organic Waste). (Hevener) Recommendation: 1) Approve a three-year direct service provider agreement with California Wood Recycling, Inc. (DBA Agromin) to procure compost material to meet the City’s required Procurement Target under Senate Bill (SB) 1383; and, 2) Authorize the Mayor to execute the direct service provider agreement, in a form acceptable to the City Attorney. K. Consideration and possible action to reconfirm continuing the emergency justification for work and emergency contract for the Greater Portuguese Bend-Ancient Altamira Landslide Emergency Project. (Copp) Recommendation: 1) Reconfirm, by a four-fifths vote, there is a need to continue the work on the Deep Vertical Dewatering Emergency Project declared by Council- adopted Resolution No. 2024-20 on May 7, 2024, finding an emergency exists requiring immediate action in the Greater Portuguese Bend -Ancient Altamira Landslide Complex 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. L. Consideration and possible action to increase the City’s contribution toward eligible employee health savings accounts (HSA) to align with new IRS HSA contribution limits effective January 1, 2025. (Godinez) Recommendation: 1) Authorize increasing the City’s contribution to eligible employee health savings accounts (HSA) to $4,300 for individuals and $8,550 for family plans under the 2025 High Deductible PPO+HSA medical plan to align with new IRS 2025 HSA contribution limits effective January 1, 2025; 2) Approve Resolution No. 2024-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, INCREASING THE CITY’S HEALTH SAVINGS ACCOUNT CONTRIBUTION FOR ALL ELIGIBLE EMPLOYEES EFFECTIVE JANUARY 1, 2025; 3) Approve Resolution No. 2024-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, APPROVING, ADOPTING, AND IMPLEMENTING, AND THEREBY AUTHORIZING THE CITY MANAGER TO SIGN A THIRD AMENDMENT TO THE CITY’S MEMORANDUM OF UNDERSTANDING WITH THE RANCHO PALOS VERDES EMPLOYEE ASSOCIATION FOR THE PERIOD JULY 1, 2022 THROUGH City Council Agenda November 6, 2024 Page 6 of 8 JUNE 30, 2025, INCREASING THE CITY’S CONTRIBUTION TO ELIGIBLE EMPLOYEE HEALTH SAVINGS ACCOUNTS; and, 4) Approve Resolution No. 2024 - __ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, APPROVING, ADOPTING, AND IMPLEMENTING, AND THEREBY AUTHORIZING THE CITY MANAGER TO SIGN A THIRD AMENDMENT TO THE CITY’S MEMORANDUM OF UNDERSTANDING WITH THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, DISTRICT COUNCIL 36 FOR THE PERIOD JULY 1, 2023 THROUGH JUNE 30, 2025, INCREASING THE CITY’S CONTRIBUTION TO ELIGIBLE EMPLOYEE HEALTH SAVINGS ACCOUNTS. 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 speak 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. 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 adopt a Citywide electric bicycle (E-Bike) ordinance. (Awwad) (60 mins) Recommendation: 1) Introduce Ordinance No. ___, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, REPEALING AND REPLACING RANCHO PALOS VERDES MUNICIPAL CODE SECTION 12.16.020 (MOTOR VEHICLES AND ELECTRIC BICYCLES IN PARKS, PRESERVES, AND RECREATIONAL FACILITIES REGULATED) AND ADDING SECTION 12.16.180 (OPERATION OF ELECTRIC BICYCLES ON STREETS AND SIDEWALKS) TO REGULATE THE USE OF ELECTRIC BICYCLES; AND 2) ADOPT RESOLUTION NO. 2024-__, A RESOLUTION OF THE CITY COUNCIL OF CITY OF RANCHO PALOS VERDES, CALIFORNIA, ESTABLISHING FINES FOR VIOLATIONS OF RANCHO PALOS VERDES MUNICIPAL CODE SECTION 12.16.020 (MOTOR VEHICLES, MOTORIZED BICYCLES, AND ELECTRIC BICYCLES IN PARKS, PRESERVES, AND RECREATIONAL FACILITIES REGULATED) AND UPDATING THE BAIL SCHEDULE ACCORDINGLY City Council Agenda November 6, 2024 Page 7 of 8 2. Consideration and possible action to receive a status update report on a proposed Point Vicente Interpretive Center Museum Annex. (Waters) (30 mins) Recommendation: Receive and file a status update report on a proposed Point Vicente Interpretive Center Museum Annex from former Rancho Palos Verdes Mayor Ken Dyda. 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 November 19, 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. City Council Agenda November 6, 2024 Page 8 of 8 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 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 and Improvement Authority for *Wednesday, November 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. 4i1P 3..Time. 3o et-t Dated: October 31 , 2024 City Clerk *Pursuant to Rancho Palos Verdes Municipal Code Ch. 2.04 — Regular meetings of the City Council are held on the first and third Tuesdays of the month. When a municipal election falls on the first or third Tuesday of the month, the meeting shall be held on the next succeeding day, which is not a holiday. 30940 Hawthorne Boulevard/Rancho Palos Verdes, CA 90275-5391 /(310)544-5217/Fax(310)544-5291 www.rpvca.gov