Rancho Palos Verdes — 2024-05-21

CLOSED SESSION REPORT:

CITY MANAGER REPORT:

1. CONFERENCE WITH LEGAL COUNSEL - EXISTING\nLITIGATION\nGC SECTION 54956.9(c) and (d)(1)\nA closed session will be held, pursuant to Government Code\n§ 54956.9(c) and (d)(1), regarding Tangerine Holdings LLC v\nCity of Rancho Palos Verdes, LA County Superior Court\nCase No. 24STCP0124.

2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED\nLITIGATION\nGC SECTION 54956.9(c), (d)(2), and (e)(2)\nA closed session will be held, pursuant to Government Code\n§ 54956.9(c), (d)(2), and (e)(2) because a point has been\nreached where, in the opinion of the City Council, on the\nadvice of the City Attorney, based on existing facts and\ncircumstances there is a significant exposure to litigation\nagainst the City in the following 5 cases: Regional Board\nthreatened litigation Claim 9589071052700684926334,\nsettlement offer R4-2024-0014; Claim No.\n9589071052700684926273, settlement offer R4-2024-0013;\nClaim 9589071052700684926518, settlement offer R4-2024-\n0020; Claim 9589071052700684926457, settlement offer R4-\n2024-0018; Claim 9589071052700684926242, settlement\noffer R4-2024-0012.

3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED\nLITIGATION\nGC SECTION 54956.9(c), (d)(2), and (e)(1)\nA closed session will be held, pursuant to Government Code\n§ 54956.9(c), (d)(2), and (e)(1) because a point has been\nreached where, in the opinion of the City Council, on the\nadvice of the City Attorney, based on existing facts and\ncircumstances there is a significant exposure to litigation\nagainst the City in 3 cases, where the facts and\ncircumstances giving rise to an exposure to litigation are\nbelieved to be unknown to the putative plaintiffs.

A. Approval of Minutes (Sisson)\nRecommendation: Approve the Minutes of April 18 (Budget\nWorkshop) and May 7, 2024, Regular Meetings.\nDraft Minutes of April 18 (Budget Workshop)\nDraft Minutes of May 7, 2024, Regular Meeting

B. Registers of Demands (Mata)\nRecommendation: 1) Adopt Resolution No. 2024-__, A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF\nRANCHO PALOS VERDES, ALLOWING CERTAIN CLAIMS\nAND DEMANDS AND SPECIFYING FUNDS FROM WHICH\nTHE SAME ARE TO BE PAID (check run dated 04/26/2024).\nRegister of Demands

C. Consideration and possible action to adopt an amended City\nof Rancho Palos Verdes Conflict of Interest Code in\nconformance with the requirements of the Fair Political\nPractices Commission. (Sisson)\nRecommendation: 1) Receive and file the 2024 Local\nAgency Biennial Notice for the City of Rancho Palos Verdes,\nSuccessor Agency, and Improvement Authority to amend the\nConflict of Interest Code; 2) Adopt Resolution No. 2024-___,\nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF\nRANCHO PALOS VERDES, ADOPTING AN AMENDED\nCONFLICT OF INTEREST CODE PREPARED BY THE FAIR\nPOLITICAL PRACTICES COMMISSION CONTAINING\nREVISED DESIGNATED POSITIONS AND DISCLOSURE\nCATEGORIES; AND REPEALING RESOLUTION NO. 2022-\n23; 3) Adopt Successor Agency Resolution No. 2024-__, A\nRESOLUTION OF THE BOARD OF DIRECTORS OF THE\nSUCCESSOR AGENCY TO THE RANCHO PALOS VERDES\nREDEVELOPMENT AGENCY ADOPTING AN AMENDED\nCONFLICT OF INTEREST CODE CONTAINING\nDESIGNATED POSITIONS AND DISCLOSURE\nCATEGORIES; AND REPEALING SUCCESSOR AGENCY\nRESOLUTION NO. 2022-01; and, 4) Adopt Improvement\nAuthority Resolution No. 2024-__, A RESOLUTION OF THE\nRANCHO PALOS VERDES IMPROVEMENT AUTHORITY\nADOPTING AN AMENDED CONFLICT OF INTEREST\nCODE AND REPEALING IMPROVEMENT AUTHORITY\nRESOLUTION NO. 2022-05.\nAgenda Report

D. Consideration and possible action to approve Amendment\nNo. 4 to the Professional Services Agreement with\nEnvironmental Sciences Associates to provide continued\nenvironmental support for the City’s 6th Cycle Housing\nElement. (Bobbett)\nRecommendation: 1) Approve Amendment No. 4 to the\nProfessional Services Agreement (PSA) with Environmental\nSciences Associates (ESA) to increase the agreement\namount by $5,800 with a contingency of $5,000 for a new\ncontract sum of $329,239 and extend the agreement term to\nSeptember 30, 2024, to provide continued environmental\nsupport for the City’s 6th Cycle Housing Element; and, 2)\nAuthorize the Mayor and City Clerk to execute Amendment\nNo. 4 to the PSA with ESA in a form approved by the City\nAttorney.\nAgenda Report

E. Consideration and possible action to take positions on certain\nretail theft and shoplifting legislation being considered by\nstate law makers. (Hunter)\nRecommendation: 1) Authorize the Mayor to sign position\nletters in support of Assembly Bill (AB) 1772 (Retail Theft and\nShoplifting); AB 2943 (Shoplifting); AB 1960, AB 1990, AB\n2814, AB 3209, and Senate Bill (SB) 1242 (Retail Theft\nEnforcement and Enhancement Legislation); AB 1802, AB\n1972, and SB 982 (Organized Retail Theft Legislation); AB\n1779 and AB 1794 (Retail Theft Aggregation and Multi-\nJurisdictional Legislation); and, AB 1845, SB 1144, SB 1381,\nand SB 1416 (Retail Theft Resale of Stolen Goods\nLegislation)\nAgenda Report

F. Consideration and possible action to adopt an updated\n“Designation of Applicant’s Agent” resolution for the California\nOffice of Emergency Services (CalOES). (Ramos)\nRecommendation: 1) Adopt Resolution No. 2024-__, A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF\nRANCHO PALOS VERDES, CALIFORNIA, AUTHORIZING\nCERTAIN OFFICIALS OF THE CITY TO FILE APPLICATION\nWITH THE CALIFORNIA OFFICE OF EMERGENCY\nSERVICES (CalOES).\nAgenda Report

G. Consideration and possible action to reconfirm continuing the\nemergency justification for work and contract bidding on the\nPortuguese Bend Landslide Emergency Hydraugers Project.\n(Copp)\nRecommendation: 1) Reconfirm, by a four-fifths vote, there\nis a need to continue the work on the Portuguese Bend\nLandslide Emergency Hydraugers Project declared by\nCouncil-adopted Resolution No. 2024-20 on May 7, 2024,\nfinding an emergency exists requiring immediate action to\ninstall hydraugers in the Portuguese Bend Landslide to seek\nto mitigate the movement of the landslide; and 2) Direct the\nCity Clerk to confirm the same in the minutes of this City\nCouncil meeting, via Minute Order, reflecting this action; and,\n3) Adopt Resolution No. 2024-_: A RESOLUTION OF THE\nCITY COUNCIL OF THE CITY OF RANCHO PALOS\nVERDES, FINDING AND DECLARING, BY A FOUR-FIFTHS\nVOTE OF THE ENTIRE CITY COUNCIL, THAT AN\nEMERGENCY EXISTS WHICH WILL NOT PERMIT THE\nCOMPETITIVE SOLICITATION OF BIDS FOR THE\nEMERGENCY HYDROAUGERS PROJECT, DETERMINING\nTHE EMERGENCY HYDRAUGERS PROJECT IS EXEMPT\nFROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT\nPURSUANT TO THE EMERGENCY EXEMPTION SET\nFORTH IN PUBLIC RESOURCES CODE, SECTION\n21080(b)(4), AND AWARDING A CONTRACT TO MALCOLM\nDRILLING COMPANY, INC., TO CONSTRUCT THE\nEMERGENCY HYDROAUGERS PROJECT\nAgenda Report

MAYOR’S ANNOUNCEMENTS:\nBY AFFIRMATION MOVE APPROVAL OF RECYCLE AND\nEMERGENCY PERSONAL PREPAREDNESS KIT DRAWING\nWINNERS:\nJulian and Dorthea Foley; Sharon and Robert Holman.\nAPPROVAL OF AGENDA:

1. Consideration and possible action to approve the\nrecommendations for the Western Avenue Traffic Flow\nImprovements Project. (Casil) (30 mins)\nRecommendation: 1) Approve the proposed Traffic Study’s\nrecommendations for the Western Avenue Traffic Flow\nImprovements Project to improve traffic flow and authorize\nstaff to proceed to the design and construction phase; 2)\nReceive and file the Traffic Safety Committee’s\nrecommendations; 3) Direct Staff to continue investigating\nand coordinating with California Department of\nTransportation (Caltrans) to determine if Flashing Yellow\nArrows are justified for northbound Western Avenue at\nPeninsula Verde Drive and for Western Avenue at West Park\nWestern Drive; and 4) Direct Staff to include the left turn\npocket for northbound Western Avenue at The Terraces\nShopping Center in the Traffic Study’s list of recommended\nlocations for lengthening of turn pockets.\nAgenda Report

2. Consideration and possible action to initiate code\n amendment proceedings to Chapter 17.78.030\n (Consideration of Multiple Applications) and Chapter 17.75\n (Sign Code) of Title 17 (Zoning) of the Rancho Palos Verdes\n Municipal Code (RPVMC). (Forbes) (15 mins)\n Recommendation: 1) Initiate code amendment proceedings\n to amend RPVMC Section 17.78.030 (Consideration of\n Multiple Applications) of Title 17 (Zoning) to prohibit multiple\n Senate Bill (SB) 330 preliminary applications and/or multiple\n applications for the same entitlement for mutually exclusive\n projects on the same property at the same time; and, 2)\n Initiate code amendment proceedings to amend RPVMC\n Section 17.75 (Sign Code) of Title 17 (Zoning) regarding\n legal nonconforming signs.