Rancho Palos Verdes — 2024-07-16

CLOSED SESSION REPORT:

CITY MANAGER REPORT:

1. PENDING LITIGATION - POTENTIAL LITIGATION AGAINST THE CITY\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.

2. 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.

A. Approval of Minutes (Sisson)\nRecommendation: Approve the Minutes of July 2, 2024 (Regular Meeting).\nDraft Minutes

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 20240621);\nand 2) Adopt Resolution No. 2024-__, A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF RANCHO PALOS VERDES, ALLOWING\nCERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM\nWHICH THE SAME ARE TO BE PAID (check run dated 20240627).\nRegister of Demands (Check Run - 20240621)\nRegister of Demands (Check Run - 20240627)

C. Consideration and possible action to adopt Ordinance No. 685 amending\nSection 15.18.040 (Administrative code amended – Violations and penalties)\nof Chapter 15.18 (Administrative Code) of Title 15 (Buildings and Construction)\nof the Rancho Palos Verdes Municipal Code (RPVMC) to establish a penalty\nfee waiver for building and construction violations performed by prior property\nowners (Case No. PLCA2024-0002). (Kim)\nRecommendation: Adopt Ordinance No. 685, 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

D. Consideration and possible action to adopt Ordinance No. 683 and 684\namending Chapter 17.78 (Miscellaneous) and Chapter 17.75 (Sign Code) in\nTitle 17 (Zoning) of the Rancho Palos Verdes Municipal Code to prohibit the\nsubmittal of multiple applications for conflicting projects on the same property,\nand to allow for the remodeling and/or reconstruction of existing legal non-\nconforming freestanding monument, directory and pole signs (Case Nos.\nPLCA2024-0006 and PLCA2024-0005, respectively). (Seeraty)\nRecommendation: 1) Adopt Ordinance No. 683, AN ORDINANCE OF THE\nCITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING §17.78.030\n(CONSIDERATION OF MULTIPLE APPLICATIONS) OF CHAPTER 17.78\n(MISCELLANEOUS) IN TITLE 17 (ZONING) OF THE RANCHO PALOS\nVERDES MUNICIPAL CODE TO PROHIBIT THE SUBMITTAL OF\nCONCURRENT OR SIMULTANEOUS PRELIMINARY APPLICATIONS\nAND/OR DEVELOPMENT APPLICATIONS FOR MUTUALLY EXCLUSIVE\nAND CONFLICTING PROJECTS AT THE SAME LOCATION, AND\nDETERMINE THE CODE AMENDMENT IS EXEMPT FROM THE\nCALIFORNIA ENVIRONMENTAL QUALITY ACT; and, 2) Adopt Ordinance No.\n684, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES,\nCALIFORNIA, AMENDING §17.75.140.B (LEGAL NONCONFORMING\nSIGNS) OF CHAPTER 17.75 (SIGN CODE) IN TITLE 17 (ZONING) OF THE\nRANCHO PALOS VERDES MUNICIPAL CODE TO ALLOW FOR THE\nREMODELING AND/OR RECONSTRUCTION OF EXISTING LEGAL NON-\nCONFORMING FREESTANDING MONUMENT AND DIRECTORY SIGNS,\nAND POLE SIGNS, AND DETERMINE THE CODE AMENDMENT IS\nEXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.\nAgenda Report

E. Consideration and possible action to enter into a Memorandum of\nUnderstanding (MOU) between the City of Rancho Palos Verdes and “Run for\nMyles” to co-host a non-profit event. (Bailiff)\nRecommendation: Authorize the Mayor to execute an MOU between the City\nof Rancho Palos Verdes and Run for Myles to co-host a non-profit 1k, 5k, and\n10k race event on September 28, 2024, in a form approved by the City\nAttorney.\nAgenda Report

F. 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 declared by Council-adopted Resolution No. 2024-20 on May 7, 2024,\nfinding an emergency exists requiring immediate action to install hydraugers in\nthe Portuguese Bend Landslide to seek to mitigate the movement of the\nlandslide; and, 2) Direct the City Clerk to confirm the same in the minutes of\nthis City Council meeting, via Minute Order, reflecting this action.\nAgenda Report

G. Consideration and possible action to ratify emergency response services\ninvoices and approve Amendment No. 6 to the professional services\nagreement with Stay Green Inc. for Citywide landscaping and general\nmaintenance services. (Hernandez)\nRecommendation: 1) Ratify payments to Stay Green, Inc. in the amount of\n$491,798 for emergency response services related to the landslide emergency\ndeclaration and January 31 to February 9, 2024 winter storm; 2) Approve\nAmendment No. 6 to the Amended and Restated Professional Services\nAgreement with Stay Green Inc. for Citywide landscaping and general\nmaintenance services, thereby extending the term through September 30,\n2024 and increasing the contract sum by $444,000 for the period of July 1,\n2024 through September 30, 2024 to bring the total contract sum to\n$11,399,641 over the seven-year and seven-month term of the agreement;\nand, 3) Authorize the Mayor and City Clerk to execute Amendment No. 6 in a\nform approved by the City Attorney.\nAgenda Report

MAYOR’S ANNOUNCEMENTS:\nBY AFFIRMATION MOVE APPROVAL OF RECYCLE AND EMERGENCY PERSONAL\nPREPAREDNESS KIT DRAWING WINNERS:\nCliff Van Wagner and David Willock\nAPPROVAL OF AGENDA:

1. Consideration and possible action to approve setting the Citywide\nLandscaping and Lighting Maintenance District levy to zero for Fiscal Year\n2024-25. (Hevener) (15 mins)\nRecommendation: 1) Conduct a public hearing for the proposed levy of the\nCitywide Landscaping and Lighting Maintenance District for Fiscal Year 2024-\n25; and, 2) Adopt Resolution No. 2024-__, A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF RANCHO PALOS VERDES SETTING THE\nLEVY AT ZERO WITHIN THE CITYWIDE LANDSCAPING AND LIGHTING\nMAINTENANCE DISTRICT FOR FISCAL YEAR 2024-25 PURSUANT TO\nTHE LANDSCAPING AND LIGHTING ACT OF 1972, PART 2 OF DIVISION\n15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE.\nAgenda Report

2. Consideration and possible action to approve Revision “III” to the Trump\nNational Golf Club Project Conditional Use Permit amending the Conditions of\nApproval to allow Planning Entitlements to be processed for after-the-fact\n(ATF) grading and construction on Lot No. 34 of Tract No. 50667 located at\n31925 Emerald View Drive (Case No. PLCU2023-0004). (Silva) (60 mins)\nRecommendation: 1) Receive and file the City Attorney’s legal opinion that\nMayor Pro Tem Alegria may participate in this agenda item discussion; 2)\nReview information prepared by the City Geologist on the potential impacts of\nmaintaining the as-built conditions versus the removal of the unpermitted\nimprovements on the subject 2:1 slope as requested by the City Council at its\nNovember 14, 2023 meeting, and if the proposal to amend the conditions of\napproval for the Trump National Golf Club is acceptable; 3) Adopt Resolution\nNo. 2024-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF\nRANCHO PALOS VERDES ADOPTING ADDENDUM NO. 50 TO\nENVIRONMENTAL IMPACT REPORT NO. 36 IN CONNECTION WITH\nREVISION “III” TO THE TRUMP NATIONAL GOLF CLUB PROJECT; and, 4)\nAdopt Resolution No. 2024-__, A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF RANCHO PALOS VERDES APPROVING REVISION “III” TO\nTHE TRUMP NATIONAL GOLF CLUB PROJECT CONDITIONAL USE\nPERMIT TO ADD CONDITION OF APPROVAL NO. Z.14(e) TO ALLOW THE\nPROPERTY OWNER TO APPLY FOR A MAJOR GRADING PERMIT AND\nMAJOR SITE PLAN REVIEW FOR AFTER-THE-FACT GRADING AND\nCONSTRUCTION OVER AN EXISTING 2:1 SLOPE ALONG THE\nSOUTHERLY AND WESTERLY YARD AREAS OF LOT NO. 34 OF TRACT\nNO. 50667 LOCATED AT 31925 EMERALD VIEW DRIVE (PLCU2023-0004).\nAgenda Report

3. Consideration and possible action to receive an update on planned repairs to\nthe "ski jump" on Palos Verdes Drive South in the Greater Portuguese Bend\nLandslide Complex.(Awwad) (60 mins)\nRecommendation: 1) Receive and file two options to maintain the\ntraversability of Palos Verdes Drive South between Narcissa and Peppertree,\nknown locally as the "ski jump;" and, 2) Direct Staff to return to the City\nCouncil with a new agreement to continue with regular asphalt repairs to\nsmooth out the vertical grade of the area of significant subsidence on Palos\nVerdes Drive South between Narcissa Drive and Peppertree Drive, at the "ski\njump," among other repairs on roadways affected by accelerated movement of\nthe Greater Portuguese Bend Landslide Complex.\nAgenda Report