Rancho Palos Verdes — 2024-04-16

CLOSED SESSION REPORT:

CITY MANAGER REPORT:

1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION\nSignificant exposure to litigation pursuant to § 54956.9(b), (c), (d)(2): (5\npotential cases): Regional Board threatened litigation Claim\n9589071052700684926334, settlement offer R4-2024-0014; Claim No.\n9589071052700684926273, settlement offer R4-2024-0013; Claim\n9589071052700684926518, settlement offer R4-2024-0020; Claim\n9589071052700684926457, settlement offer R4-2024-0018; Claim\n9589071052700684926242, settlement offer R4-2024-0012.

2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION\nGC SECTION 54956.9(d)(2) and (e)(1)\nA closed session will be held, pursuant to Government Code § 54956.9(d)(2)\nand (e)(1) because there is a significant exposure to litigation in three (3)\ncases where the facts and circumstances giving rise to an exposure to\nlitigation are believed to be unknown to the putative plaintiff(s).

3. PENDING LITIGATION - POTENTIAL LITIGATION AGAINST THE CITY\nGC 54956.9(d)(2) and (e)(1)\nA point has been reached where, in the opinion of the City Council on the\nadvice of the City Attorney, based on existing facts and circumstances, there is\na significant exposure to litigation against the City in one (1) case.

4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION\nA closed session will be held, pursuant to Government Code § 54956.9 (d)(2)\n& (e)(5), because based on existing facts and circumstances, there is a\nsignificant exposure to litigation. The relevant facts and circumstances are 2\nemails sent from Sherri Hastings to the City Council and the City Manager on\nMarch 27, 2024, threatening a class action lawsuit against the City in the\nmatter of the City's handling of the landslide in the Landslide Complex. The\nemails are available for inspection at the City Clerk's Office.

5. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION\nA closed session will be held, pursuant to Government Code § 54956.9 (d)(1),\nregarding the existing case of Cherryhill Lane LLC v City of Rancho Palos\nVerdes Case No. 24STCP00330.

A. Approval of Minutes (Sisson)\nRecommendation: Approve the Minutes of March 13 (Goals Workshop) and\nMarch 19, 2024, Special/Adjourned Regular Meetings.\nDraft Minutes March 13, 2024 (Goals Workshop)\nDraft Minutes March 19, 2024 Special/Adjourned Regular Meetings

B. Registers of Demands (Mata)\nRecommendation: 1) Adopt Resolution No. 2024-__, A RESOLUTION OF\nTHE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,\nALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS\nFROM WHICH THE SAME ARE TO BE PAID (check run dated 03/15/2024);\n2) Adopt Resolution No. 2024-__, A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF RANCHO PALOS VERDES, ALLOWING CERTAIN CLAIMS\nAND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE\nTO BE PAID (check run dated 03/29/2024) and, 3) Adopt Resolution No. IA\n2024-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF\nRANCHO PALOS VERDES, ALLOWING CERTAIN CLAIMS AND DEMANDS\nAND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID.\nRegister of Demands - City (Check Run - 20240315)\nRegister of Demands - City (Check Run - 20240329)\nRegister of Demands - IA

C. Consideration and possible action regarding a claim against the City by\nSuzanne Maurizio. (Sisson)\nRecommendation: 1) Reject the claim and direct Staff to notify the claimant,\nSuzanne Maurizio.\nAgenda Report

D. Consideration and possible action to receive the January 2024 Cash\nBalances/Monthly Treasurer’s Report. (Lin)\nRecommendation: Receive and file the January 2024 Cash\nBalances/Monthly Treasurer’s Report for the City and the Improvement\nAuthority.\nAgenda Report - City\nAgenda Report - IA

E. Consideration and possible action to receive the February 2024 Cash\nBalances/Monthly Treasurer’s Report. (Lin)\nRecommendation: Receive and file the February 2024 Cash\nBalances/Monthly Treasurer’s Report for the City and the Improvement\nAuthority.\nAgenda Report - City\nAgenda Report - IA

F. Consideration and possible action to adopt an ordinance recodifying the\nRancho Palos Verdes Municipal Code (RPVMC). (Takaoka)\nRecommendation: Adopt Ordinance No. 677, AN ORDINANCE OF THE\nCITY OF RANCHO PALOS VERDES ENACTING A NEW CODE FOR THE\nCITY OF RANCHO PALOS VERDES, CALIFORNIA; PROVIDING FOR THE\nREPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN;\nPROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND\nPROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME\nEFFECTIVE.\nAgenda Report

G. Consideration and possible action to waive after-the-fact planning and penalty\nfees for unpermitted construction on the property at 29740 Knoll View Drive\n(PLGR No. 2023-0052). (Bobbett)\nRecommendation: Approve, via Minute Order, waiving only the after-the-fact\n(ATF) penalty fee portion of the requested fee waiver in the amount of $3,241\nto legalize unpermitted construction on the property at 29740 Knoll View Drive\nReview (PLGR No. 2023-0052).\nAgenda Report

H. Consideration and possible action to approve Amendment No. 1 to the\nProfessional Services Agreement with Ardurra Group, Inc. for Citywide\ntelecommunication permit processing services. (Mesker)\nRecommendation: 1) Approve Amendment No. 1 to the professional services\nagreement with Ardurra Group, Inc., which increases the not-to-exceed\ncontract amount by $99,800 from $25,000 to $124,800 for Citywide\ntelecommunications permit services and allows services to continue beyond\nApril 16, 2024, to January 31, 2025; and, 2) Authorize the Mayor and City\nClerk to execute Amendment No. 1, in a form approved by the City Attorney.\nAgenda Report

I. Consideration and possible action to accept Gifts for Parks donations. (Hirsch)\nRecommendation: Accept Gifts for Parks donations and direct Staff to\nprepare donor letters of appreciation for the Mayor’s signature.\nAgenda Report

J. Consideration and possible action to oppose Assembly Bill (AB) No. 2560\n(Density Bonus Law: California Coastal Act of 1976). (Hunter)\nRecommendation: Authorize the Mayor to sign a letter of opposition to AB\n2560, which aims to apply Density Bonus Law to the California Coastal Act\nwithout limitation restrictions.\nAgenda Report

K. Consideration and possible action to support Senate Bill (SB) No. 1461 (State\nof emergency and local emergency: landslide). (Hunter)\nRecommendation: Authorize Mayor Cruikshank to sign a letter in support of\nSB 1461 which would add "landslide" as a condition constituting a state of\nemergency or local emergency in the Emergency Services Act (ESA).\nAgenda Report

MAYOR’S ANNOUNCEMENTS:\nBY AFFIRMATION MOVE APPROVAL OF RECYCLE AND EMERGENCY PERSONAL\nPREPAREDNESS KIT DRAWING WINNERS:\nJohn Shook; Carmen DiBernardo; Tomoko Akazawa and Niels Staehr (4 winners as\nmeeting of 4/2/24 was cancelled)\nAPPROVAL OF AGENDA:

1. Consideration and possible action to conduct the 2023 annual review of Trump\nNational Golf Club’s compliance with its maintenance obligations relating to\ntrails and open space (Case No. PLMH2024-0001). (Seeraty) (15 mins)\nRecommendation: Receive and file the 2023 annual review of Trump\nNational Golf Club’s compliance with its maintenance obligations relating to\ntrails and open space pursuant to the 2018 City Council-approved Amended\nand Restated Declaration of Restrictions.\nAgenda Report

2. Consideration and possible action to approve the Revised 2021-2029 Final\nHousing Element and Housing Programs (Case Nos. PLGP2022-0001,\nPLGP2024-001, PLZC2024-001, PLCA2024-001 & PLCA 2024-002).\n(Silva/Bobbett) (90 mins)\nRecommendation: 1) Review the Revised 2021-2029 Final Housing Element\nand Housing Programs Addendum; and if acceptable; 2) Adopt Resolution No.\n2024-__, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF\nRANCHO PALOS VERDES DETERMINING THE HOUSING ELEMENT\nPROJECT WAS ADEQUATELY ASSESSED IN THE NEGATIVE\nDECLARATION ADOPTED ON AUGUST 11, 2022, AS AMENDED BY\nADDENDUM NO. 1, ADOPTING A GENERAL PLAN AMENDMENT FOR THE\n2021-2029 HOUSING ELEMENT (CASE NO. PLGP2022-0001), AS REVISED\nMARCH 15, 2024, APPROVING RELATED GENERAL PLAN AMENDMENTS\nOF THE LAND USE ELEMENT AND LAND USE MAP, AND APPROVING\nRELATED LOCAL COASTAL PLAN (COASTAL SPECIFIC PLAN)\nAMENDMENTS TO EFFECTUATE THE 2021-2029 HOUSING ELEMENT"; 3)\nAdopt Ordinance No.___-U, "AN URGENCY ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA,\nAMENDING TITLE 17 (ZONING) BY ADDING CHAPTERS 17.47 (MIXED\nUSE OVERLAY DISTRICT (MUOD)), 17.48 (RESIDENTIAL OVERLAY\nDISTRICT (ROD)), AMENDING CHAPTER 17.10 ACCESSORY DWELLING\nUNIT AND JUNIOR ACCESSORY DWELLING UNIT DEVELOPMENT, AND\nAMENDING CHAPTER 17.96 (DEFINITIONS) OF TITLE 17 (ZONING) OF\nTHE RANCHO PALOS VERDES MUNICIPAL CODE, TO EFFECT THE\nREVISED FINAL 2021-2029 HOUSING ELEMENT"; 4) Adopt Resolution No.\n2024- , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF\nRANCHO PALOS VERDES, CALIFORNIA, FORWARDING TO THE\nCOASTAL COMMISSION THE AMENDMENTS TO THE LOCAL COASTAL\nPROGRAM (LCP), COASTAL SPECIFIC PLAN AND ZONING MAP RELATED\nTO THE 6TH CYCLE HOUSING ELEMENT ACTIONS IN THE COASTAL\nZONE, CONSISTENT WITH STATE LAW"; 5) Direct Staff to submit the Final\nDraft Housing Element to the California Department of Housing and\nCommunity Development for review; 6) Initiate code amendment proceedings\nrelated to amendments to Chapter 17.40 (Overlay Control Districts), Chapter\n17.96 (Definitions), Chapter 17.76 (Miscellaneous Permits and Standards),\nChapter 17.10 (Accessory Dwelling Unit and Junior Accessory Dwelling Unit\nDevelopment Standards) and other code sections as applicable of Title 17 of\nthe Rancho Palos Verdes Municipal Code.\nAgenda Report

3. Consideration and possible action to approve emergency work and funding in\nresponse to accelerated land movement within the greater Portuguese Bend\nLandslide complex. (Awwad) (90 mins) Forthcoming\n*Please note the staff report will be posted no later than Friday, April 12*\nRecommendation: 1) Approve the Portuguese Bend Landslide Emergency\nHydraugers Project construction plans, subject to modifications by the\nEngineer-of-Record; 2) Award a task-order construction contract to Malcolm\nDrilling Company, Inc. for the Portuguese Bend Landslide Emergency\nHydraugers Project in the not-to-exceed amount of $9,000,000; 3) Award a\nprofessional services agreement to Geo-Logic Associates, Inc. for engineering\nand associated services during construction for the Portuguese Bend\nLandslide Emergency Hydraugers Project in the not- to-exceed amount of\n$350,000; 4) Award a professional services agreement to Hout Construction\nServices, Inc. DBA Hout Engineering for construction management,\ninspection, and associated services for the Portuguese Bend Landslide\nEmergency Hydraugers Project in the not-to-exceed amount of $260,000; 5)\nApprove an additional appropriation of $6,747,400 from the Capital\nInfrastructure Program (CIP) Fund; 6) Approve reallocating $2,862,600 from\nthe American Rescue Plan Act (ARPA) Fund to the CIP Fund consisting of\n$500,000 from the Roadway Asset Management Program (Crenshaw\nBoulevard) and $2,362,600 from the Western Avenue Beautification project for\nthe emergency hydraugers in the Portuguese Bend Landslide; 7) Approve a\nloan to the Klondike Canyon Landslide Abatement District (KCLAD) in the\namount of $1,917,500 with an interest rate of zero, a re-payment term of 20\nyears, with required payments starting in in July 2027; 8) Approve an\nadditional appropriation of $1,917,500 in loan assistance for KCLAD from the\nCIP Fund; and, 9) Authorize the Mayor to execute the construction contract,\nprofessional services agreement, and loan agreement in a form approved by\nthe City Attorney.

4. Consideration and possible action to review assessment rate options for the\nCitywide Landscaping and Lighting Maintenance District for Fiscal Year 2024-\n25. (Hevener) (15 mins)\nRecommendation: 1) Review and select the preferred option for setting the\nannual assessment rate for the Citywide Landscaping and Lighting\nMaintenance District for Fiscal Year 2024-25; 2) Direct staff to prepare the\nEngineer's Report for the Citywide Landscaping and Lighting Maintenance\nDistrict for FY 2024-25; and, 3) Direct staff to return at a later date with the\nappropriate resolutions memorializing the Council's directive for future\nconsideration at a duly noticed public hearing.\nAgenda Report

5. Consideration and possible action to introduce an ordinance establishing\npermissible uses of the official seal of the City of Rancho Palos Verdes.\n(Takaoka) (15 mins)\nRecommendation: Adopt Ordinance No. ___, AN ORDINANCE OF THE\nCITY OF RANCHO PALOS VERDES, CALIFORNIA, ADDING CHAPTER 1.20\n(CITY SEAL) TO TITLE 1 (GENERAL) OF THE RANCHO PALOS VERDES\nMUNICIPAL CODE ESTABLISHING PERMISSIBLE USES OF THE OFFICIAL\nSEAL OF THE CITY OF RANCHO PALOS VERDES\nAgenda Report