CC AGD 20241119
HYBRID CITY COUNCIL MEETING
The Regular meeting of November 19, 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
NOVEMBER 19, 2024
6:00 P.M. CLOSED SESSION
7:00 P.M. – REGULAR
NEXT RESOLUTION NO. 2024-69 NEXT ORDINANCE NO. 690
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
November 19, 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 pers on 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, incl uding issuance of an injunction.
1. 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.
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
A closed session will be held, pursuant to Government Code § 54956.9(b)(1) &
(3)(B) because there is a significant exposure to litigation in four (4) cases
involving claims by Maribel Duenas, Eulogio Duenas, Ana M. Duenas and The
Duenas Family Trust, which claims are available for public inspection and copying
with the Office of the City Clerk.
3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
A closed session will be held pursuant to Government Code § 54956.9(e)
because the City is considering whether to initiate litigation in two (2) cases.
RECESS TO CLOSED SESSION (FIRESIDE ROOM):
RECONVENE TO REGULAR MEETING:
7:00 P.M. – REGULAR MEETING
CALL TO ORDER: Mayor Cruikshank
Regular City Council Agenda
November 19, 2024
Page 3 of 7
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: Anthony Declue and Karen Hogue
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 of 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 Council
may pull an item for discussion or clarification. Items pulled from the Consent Calendar by a Councilmember will be heard after the
Regular Business section of the agenda, unless otherwise directed by the City Council. If a member of the public has requested to
speak on a Consent Calendar item, it will be pulled and heard immediately after the Consent Calendar. Those wishing to speak 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 November 6, 2024 (Regular Meeting).
B. Registers of Demands (Mata)
Recommendation: 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 regarding the annual Business License Tax (BLT)
for calendar year 2025. (Ramos)
Recommendation: 1) Affirm continuing the BLT rates without applying an increase
of 2.8% based on the annual Consumer Price Index (CPI) as of September 2024; 2)
Regular City Council Agenda
November 19, 2024
Page 4 of 7
Affirm continuing the BLT for home occupancy businesses at zero ($0); and, 3)
Affirm continuing the Small Business Financial Assistance Program.
D. Consideration and possible action regarding a claim against the City by Maureen
Lang. (Sisson)
Recommendation: Reject the claim, and direct Staff to notify the claimant,
Maureen Lang
E. Consideration and possible action to adopt Ordinance No. 689 establishing a Citywide
Electric Bicycle (E-Bike) Ordinance. (Casil)
Recommendation: Adopt Ordinance No. 689, AN ORDINANCE OF THE CITY
COUNCIL 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.
F. 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.
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.
Regular City Council Agenda
November 19, 2024
Page 5 of 7
1. Consideration and possible action on the Greater Portuguese Bend-Ancient Altamira
Landslide Complex. (Awwad) (60 mins)
Recommendation: 1) Receive and file an update on current activities and conditions
in the Greater Portuguese Bend-Ancient Altamira Landslide Complex; 2) Receive and
file an update on FEMA’s Voluntary Property Acquisition Buyout Program; 3) Receive
and file an update on City expenditures for emergency protective and stabilization
measures in response to the acceleration of the Greater Portuguese Bend-Ancient
Altamira Landslide Complex; 4) Adopt Resolution No. 2024-__, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA,
CONTINUING THE LOCAL EMERGENCY DECLARATION AS ESTABLISHED BY
RESOLUTION NO. 2023-47 ADOPTED ON OCTOBER 3, 2023 FOR AN
ADDITIONAL 60 DAY PERIOD; and, 5) Adopt Resolution No. 2024-__, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, TO EXTEND THE STATE OF LOCAL EMERGENCY
WITHIN THE GEOGRAPHIC BOUNDARIES OF THE PORTUGUESE BEND
COMMUNITY ASSOCIATION, PORTUGUESE BEND BEACH CLUB, AND SEAVIEW
NEIGHBORHOOD, BASED ON SUDDEN ENERGY SHORTAGES, PLANNED
DEENERGIZING EVENTS, AND INTERNET SERVICE SHUT OFFS, AS
ESTABLISHED BY RESOLUTIONS NOS. 2024-52 AND 2024-57, FOR AN
ADDITIONAL 60 DAYS.
2. Consideration and possible action to receive an update report on various City projects
along the Western Avenue Commercial Corridor. (Casil/Hevener/Garrett) (30 mins)
Recommendation: 1) Receive and file an update on the Western Avenue Storefront
Commercial Improvement Program, Western Avenue Commercial Corridor Traffic
Flow Improvement Project, and Western Avenue Beautification Project; 2) Award a
professional services agreement to Iteris, Inc. (Iteris) in the amount of $508,820 with a
15% contingency of $76,323 for a total cost of $585,143; for final engineering,
construction bidding, construction support, and associated services to implement the
Western Avenue Traffic Flow Improvements Project; 3) Approve Amendment No. 1 to
the professional services agreement with Nuvis Landscape Architecture, Inc. (Nuvis)
to finalize the plans, specifications, and estimates for the Western Avenue
Beautification Project; increasing the amount of the agreement by $45,025 from
$183,818 to $228,843 and extending the term by two years; and, 4) Authorize the
Mayor and City Clerk to execute the Agreement and Amendment, in a form approved
by the City Attorney.
3. Consideration and possible action to receive a status update on efforts to potentially
acquire two United States Coast Guard properties in Rancho Palos Verdes. (Waters)
(15 mins)
Recommendation: 1) Receive and file a status update on efforts to potentially
acquire two United States Coast Guard properties in Rancho Palos Verdes; and, 2)
Direct staff to continue its efforts to explore the potential acquisition of one or both
properties in coordination with the United States Coast Guard and Federal
Legislators.
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.
Regular City Council Agenda
November 19, 2024
Page 6 of 7
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 report 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 6:00 P.M. on Tuesday, December 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
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
Regular City Council Agenda
November 19, 2024
Page 7 of 7
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 for
November 19, 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: e7.00vA ;e30
Dated: November 14, 2024
Citt-nicoectolize.„)
City Clerk
30940 Hawthorne Boulevard/Rancho Palos Verdes, CA 90275-5391 /(310)544-5217/Fax(310)544-5291
www.rpvca.gov