Rancho Palos Verdes — 2024-07-02

CITY MANAGER REPORT:

1. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION\nGC 54956.9(c), (d)(2) and (e)(2)\nA closed session will be held, pursuant to government code § 54956.9(c), (d)\n(2), and (e)(2) because a point has been reached where, in the opinion of the\ncity council, on the advice of the city attorney, based on existing facts and\ncircumstances there is a significant exposure to litigation against the city,\nwhich facts and circumstances concern the city's potential liability for\nremediation of contamination at the BKK landfill in West Covina.

2. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION\nGC SECTION 54956.9(c), (d)(2), and (e)(2)\nA closed session will be held, pursuant to Government Code § 54956.9(c), (d)\n(2), and (e)(2) because a point has been reached where, in the opinion of the\nCity Council, on the advice of the City Attorney, based on existing facts and\ncircumstances there is a significant exposure to litigation against the City in\nthe following 5 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.

3. CONFERENCE WITH LEGAL COUNSEL -PENDING LITIGATION\nGC SECTION 54956.9(c), (d)(2) and (e)(1)\nA closed session will be held, pursuant to Government Code § 54956.9(c), (d)\n(2) and (e)(1) because a point has been reached where, in the opinion of the\nCity Council, on the advice of the City Attorney, based on existing facts and\ncircumstances there is a significant exposure to litigation against the City in\none case, where the facts and circumstances giving rise to an exposure to\nlitigation are believed to be unknown to the putative plaintiff(s).

4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION\nGC SECTION 54956.9(c) and (d)(1)\nA closed session will be held, pursuant to Government Code § 54956.9(c) and\n(d)(1) regarding the following cases: Limetree Estates LLC v. City of Rancho\nPalos Verdes, U.S. District Court, Central District of California, Case No. 2:23-\nCV-01420-PVC; Conjunction Junction LLC v. City of Rancho Palos Verdes et\nal., LA County Superior Court Case No. 23STCP02886; Cherryhill Lane LLC v.\nCity of Rancho Palos Verds, LA County Superior Court Case No.\n24STCP00330; Tangerine Holdings LLC v. City of Rancho Palos Verdes, LA\nCounty Superior Court Case No. 24STCP01244.

5. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION\nGC SECTION 54956.9(c), (d)(2), and (e)(2)\nA closed session will be held, pursuant to Government Code § 54956.9(c), (d)\n(2), and (e)(2) because a point has been reached where, in the opinion of the\nCity Council, on the advice of the City Attorney, based on existing facts and\ncircumstances there is a significant exposure to litigation against the City in\nthe following case: Claim No. 2024-22 by Martin Plost filed on May 29, 2024. A\ncopy of the claim is available for review at the City Clerk's Office.

A. Approval of Minutes (Sisson)\nRecommendation: Approve the Minutes of June 18, 2024 (for Regular and\nSpecial Meetings); and June 21, 2024 (State of the City Meeting)\nDraft Minutes 20240618 Special Meeting (Interviews)\nDraft Minutes 20240618 Regular Meeting\nDraft Minutes 20240621 Special Meeting (State of the City)

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; and, 2) 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\nRegister of Demands - IA

C. Consideration and possible action to accept Coronavirus Response and Relief\nSupplemental Appropriation Act of 2021 (CRRSAA) funding in the amount of\n$121,384 for the FY2024-25 Capital Improvements Program project Roadway\nAsset Management Program – Palos Verdes Drive South. (Cloke)\nRecommendation: 1) Adopt Resolution No. 2024-___. A RESOLUTION OF\nTHE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES\nAPPROVING ADMINISTERING AGENCY STATE MASTER AGREEMENT\nNO. 07-5413S21 AND PROGRAM SUPPLEMENT AGREEMENT NO.\n00000A608 FOR THE FUNDING OF THE ROADWAY ASSET MANAGEMENT\nPROGRAM – PALOS VERDES DRIVE SOUTH PROJECT; 2) Approve the\nAgency State Master Agreement No. 07-5413S21 and authorize the Public\nWorks Director and City Clerk to execute the agreement; and, 3) Approve the\nProgram Supplement Agreement No. 00000A608 and authorize the Public\nWorks Director and City Clerk to execute the agreement.\nAgenda Report

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

E. Consideration and possible action to receive a status report on the current\nSenior Engineer and Principal Engineer recruitments. (Jacinto)\nRecommendation: 1) Receive and file a status report on recruitments in\nPublic Works Department consisting of underfilling one Senior Engineer\nvacant position as an Associate Engineer position and offering a sign-on\nincentive bonus for the recruitment of two Principal Engineer positions; and, 2)\nReceive and file a status report to offer an incentive sign-on bonus of $12,000\neach for two Principal Engineer positions for a combined total of $24,000.\nAgenda Report

F. Consideration and possible action to award a professional services agreement\nto National Utility Locators, LLC to provide services to respond to\nUnderground Service Alert of Southern California (DigAlert) requests. (Awwad)\nRecommendation: 1) Award a professional services agreement to National\nUtility Locators, LLC. to provide services to respond to Underground Service\nAlert of Southern California (DigAlert) requests, in the amount of $42,000 plus\na 15% contingency of $6,300 for a sum of $48,300, for a one-year term with a\ntwo-year extension option; and, 2) Authorize the Mayor to execute the\nagreement in a form approved by the City Attorney.\nAgenda Report

G. Consideration and possible action to approve a professional services\nagreement with Hout Construction Services, Inc. for project management,\nconstruction management, and inspection of Palos Verdes Drive South and\nother public roads in the Greater Portuguese Bend Landslide Complex.\n(Awwad)\nRecommendation: 1) Approve a professional services agreement with Hout\nConstruction Services, Inc. for project management, construction\nmanagement, and inspection of Palos Verdes Drive South and other public\nroads in the Greater Portuguese Bend Landslide Complex in the amount of\n$181,481 plus a 15% contingency of $27,222, totaling $208,730, for the period\nfrom July 1, 2024 through June 30, 2025; and, 2) Authorize the Mayor and City\nClerk to execute the professional services agreement in a form approved by\nthe City Attorney.\nAgenda Report

H. Consideration and possible action to ratify payment to Ferrari Backflow, Inc.\nfor a backflow prevention device at the Ladera Linda Community Park. (Copp)\nRecommendation: Ratify payment for relocating a backflow prevention\ndevice on the main service water line for the Ladera Linda Community Park to\nFerrari Backflow, Inc. in the amount of $27,995.\nAgenda Report

I. Consideration and possible action to award professional services agreements\nto Transtech Engineers, Inc. for public works permitting, plan review, and\nrelated services. (Mesker)\nRecommendation: 1) Award a professional services agreement (PSA) to\nTranstech Engineers, Inc. for public works permitting, plan review, and related\nservices in the amount of up to $475,000 plus a 15% contingency for a three-\nyear term, with an optional three-year extension by mutual consent; and, 2)\nAuthorize the Mayor to execute the agreement in a form approved by the City\nAttorney.\nAgenda Report

J. Consideration and possible action to reconfirm continuing the emergency\njustification for work and contract bidding on the Portuguese Bend Landslide\nEmergency Hydraugers Project. (Copp)\nRecommendation: 1) Reconfirm, by a four-fifths vote, there is a need to\ncontinue the work on the Portuguese Bend Landslide Emergency Hydraugers\nProject originally declared by Council-adopted Resolution No. 2024-20 on May\n7, 2024, finding an emergency exists requiring immediate action to install\nhydraugers in the Portuguese Bend Landslide to seek to mitigate the\nmovement of the landslide; and, 2) Direct the City Clerk to confirm the same in\nthe minutes of this City Council meeting, via Minute Order, reflecting this\naction.\nAgenda Report

K. Consideration and possible action to approve Amendment No. 4 to the\nprofessional services agreement (PSA) with John L. Hunter & Associates for\nstormwater quality consulting services. (Hevener)\nRecommendation: 1) Approve Amendment No. 4 to the PSA with John L.\nHunter & Associates for stormwater quality consulting services thereby\nincreasing the amount by $160,000 plus a 15% contingency in Fiscal Year\n2024-25 for a sum of $726,018; and, 2) Authorize the Mayor to execute\nAmendment No. 4 to the PSA in a form approved by the City Attorney.\nAgenda Report

MAYOR’S ANNOUNCEMENTS:\nBY AFFIRMATION MOVE APPROVAL OF RECYCLE AND EMERGENCY PERSONAL\nPREPAREDNESS KIT DRAWING WINNERS:\nSarah Sanford and Faith Stapleton\nAPPROVAL OF AGENDA:

1. Consideration and possible action to adjust the existing annual sewer service\ncharge for Fiscal Year 2024-25 for the Abalone Cove Sewer System. (Mesker)\n(15 mins)\nRecommendation: 1) Conduct a public hearing on the proposed levy of the\nannual FY 2024-25 sewer service charge for the Abalone Cove Sewer\nSystem; and, 2) Adopt Resolution No. 2024-__, A RESOLUTION OF THE\nCITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING A\nREPORT IN CONNECTION WITH THE SEWER SERVICE CHARGE\nESTABLISEHD PURSUANT TO CHAPTER 13.06 OF THE RANCHO PALOS\nVERDES MUNICIPAL CODE, DETERMINING THE AMOUNT OF SUCH\nCHARGE FOR FISCAL YEAR 2024-25, AND ORDERING THAT SUCH\nCHARGE BE COLLECTED ON THE TAX ROLL.\nAgenda Report

2. Consideration and possible action to amend Chapter 17.78 (Miscellaneous)\nand Chapter 17.75 (Sign Code) in Title 17 (Zoning) of the Rancho Palos\nVerdes Municipal Code to prohibit the submittal of multiple applications for\nconflicting projects on the same property, and to allow for the remodeling\nand/or reconstruction of existing legal non-conforming freestanding\nmonument, directory and pole signs (Case Nos. PLCA2024-0006 and\nPLCA2024-0005, respectively). (Forbes) (15 mins)\nRecommendation: 1) Introduce Ordinance No.___, AN ORDINANCE OF\nTHE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING\n§17.78.030 (CONSIDERATION OF MULTIPLE APPLICATIONS) OF\nCHAPTER 17.78 (MISCELLANEOUS) IN TITLE 17 (ZONING) OF THE\nRANCHO PALOS VERDES MUNICIPAL CODE TO PROHIBIT THE\nSUBMITTAL OF CONCURRENT OR SIMULTANEOUS PRELIMINARY\nAPPLICATIONS AND/OR DEVELOPMENT APPLICATIONS FOR MUTUALLY\nEXCLUSIVE AND CONFLICTING PROJECTS AT THE SAME LOCATION,\nAND DETERMINE THE CODE AMENDMENT IS EXEMPT FROM THE\nCALIFORNIA ENVIRONMENTAL QUALITY ACT (CASE NO. PLCA2024-\n0006); and, 2) Introduce Ordinance No.___, AN ORDINANCE OF THE CITY\nOF RANCHO PALOS VERDES, CALIFORNIA, AMENDING §17.75.140.B\n(LEGAL NONCONFORMING SIGNS) OF CHAPTER 17.75 (SIGN CODE) IN\nTITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE\nTO ALLOW FOR THE REMODELING AND/OR RECONSTRUCTION OF\nEXISTING LEGAL NON-CONFORMING FREESTANDING MONUMENT AND\nDIRECTORY SIGNS, AND POLE SIGNS, AND DETERMINE THE CODE\nAMENDMENT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL\nQUALITY ACT (CASE NO. PLCA2024-0005).\nAgenda Report

3. Consideration and possible action to receive an update report on the Greater\nPortuguese Bend Landslide Complex and adopt a resolution continuing the\nlocal emergency declaration. (Awwad) (60 mins)\nRecommendation: (1) Receive and file an update on: a. Current conditions in\nthe Greater Portuguese Bend Landslide Complex from the City Geologist;\nb.Current trail conditions impacted by the Greater Portuguese Bend Landslide\nComplex within the Palos Verdes Nature Preserve; c. Project activities\nresponding to land movement within the Portuguese Bend Landslide Complex;\nd. Building inspections in the landslide area; (2) Authorize the City Manager to\nexecute documents granting an easement to California Water Service for an\nabove ground water main line on a City-owned parcel between Burma Road\nand Vanderlip Drive, in a form approved by the City Attorney; (3) Confirm the\nCity Manager's action as Director of Emergency Services to waive statements\nfrom geotechnical consultants for emergency repairs; and, (4) Adopt\nResolution No. 2024-___ thereby continuing the local emergency declaration\nby 60 days until August 31, 2024 as established by Resolution No. 2023-47\nadopted on October 3, 2023; and extended by Resolution No. 2023-56\nadopted on November 14, 2023, Resolution No. 2023-61 adopted on\nDecember 19, 2023, Resolution No. 2024-05 adopted on February 6, 2024,\nResolution No. 2024-13 adopted on March 19, 2024, and Resolution No.\n2024-20 adopted on May 7, 2024.\nAgenda Report

4. Consideration and possible action to approve the financial assistance loan\nagreements between the City and Klondike Canyon Landslide Abatement\nDistrict (KCLAD) and Abalone Cove Landslide Abatement District (ACLAD).\n(Ramos) (15 mins)\nRecommendation: 1) Approve the Final Loan Agreement with ACLAD for\n$1,500,000, which include a 12-year term and a 2.5% interest rate; 2) Approve\nthe Final Loan Agreement with KCLAD for $1,917,500, which include a 12-\nyear term and a 2.5% interest rate; 3) If deemed acceptable, approve an\nadditional appropriation of $1,500,000 ACLAD and KCLAD $1,917,500 from\nthe Capital Infrastructure Program (CIP) Fund; 4) Authorize the Mayor and City\nClerk to ACLAD’s financial assistance agreement pursuant to a form approved\nby the City Attorney’s Office; 5) Authorize the Mayor and City Clerk to\nKCLAD’s financial assistance agreement pursuant to a form approved by the\nCity Attorney’s Office with the understanding that funds will not be released\nuntil both the City and KCLAD find and agree upon a solution with the\nPortuguese Bend Club regarding the placement of the emergency hydraugers\non common property, if needed; and, 6) Receive and file the 10-Year Financial\nModels for ACLAD and KCLAD.\nAgenda Report

5. Consideration and possible action to amend Section 15.18.040 (Administrative\ncode amended – Violations and penalties) of Chapter 15.18 (Administrative\nCode) of Title 15 (Buildings and Construction) of the Rancho Palos Verdes\nMunicipal Code (RPVMC) to establish a penalty fee waivers (Case No.\nPLCA2024-0002). (Kim) (15 mins)\nRecommendation: Introduce Ordinance No.___, AN ORDINANCE OF THE\nCITY OF RANCHO PALOS VERDES AMENDING SECTIONS 15.18.040\n(ADMINISTRATIVE CODE AMENDED – VIOLATIONS AND PENALTIES) OF\nCHAPTER 15.18 (ADMINISTRATIVE CODE), OF TITLE 15 (BUILDINGS AND\nCONSTRUCTION) OF THE RANCHO PALOS VERDES MUNICIPAL CODE\nTO ESTABLISH A PENALTY FEE WAIVER FOR BUILDING AND\nCONSTRUCTION VIOLATIONS PERFORMED BY PRIOR PROPERTY\nOWNERS.\nAgenda Report