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CC DM 20230905 A - 20230815 CC MINS DRAFTDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING AUGUST 15, 2023 CALL TO ORDER: A Regular Meeting of the Rancho Palos Verdes City Council for the purpose of a Closed Session was called to order by Mayor Pro Tem Cruikshank at 6:04 P.M. at Fred Hesse Community Park, McTaggart Hall, 29301 Hawthorne Boulevard. This meeting took place remotely 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. Members of the public could observe and participate using the Zoom participation feature, and with options called out in the public participation form provided under a separate cover with the agenda. Notice having been given with affidavit thereto on file. City Council roll call was answered as follows: PRESENT: Alegria, Bradley, and Mayor Pro Tem Cruikshank ABSENT: Seo (excused) and Mayor Ferraro* (excused) Also present were Ara Mihranian, City Manager; Elena Gerli, Assistant City Attorney; and Octavio Silva, Interim Director of Community Development. PUBLIC COMMENTS FOR CLOSED SESSION: None. CLOSED SESSION ITEM(S) ANNOUNCED: Assistant City Attorney Gerli announced the items to be discussed in Closed Session. 1. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION A closed session will be held pursuant to Gov’t Code Section 54956.9(d)(4). Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation in two (2) cases. 2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION A closed session will be held, pursuant to Government Code § 54956.9 (d)(2) or (d)(3) & (e)(1), because there is a significant exposure to litigation in one (1) case DRAFT City Council Regular Minutes August 15, 2023 Page 2 of 10 and where the facts and circumstances giving rise to such litigation are believed to be unknown to the putative plaintiff(s). At 6:06 P.M. the Council recessed to Closed Session. *Mayor Ferraro joined the meeting in the Fireside Room at 6:07 P.M. RECONVENE TO REGULAR MEETING: At 7:06 P.M. the Closed Session was reconvened to the Regular meeting. REGULAR MEETING – OPEN SESSION CALL TO ORDER: A Regular meeting of the Rancho Palos Verdes City Council was called to order by Mayor Ferraro at 7:06 P.M. at Fred Hesse Community Park, McTaggart Hall, 29301 Hawthorne Boulevard, notice having been given with affidavit thereto on file. ROLL CALL: City Council roll call was answered as follows: PRESENT: Alegria, Bradley, Cruikshank, and Mayor Ferraro ABSENT: Seo (excused) Also present were Ara Mihranian, City Manager; Elena Gerli, Assistant City Attorney; Vina Ramos, Interim Director of Finance; Ramzi Awwad, Public Works Director; Cory Linder, Director of Recreation and Parks; Octavio Silva, Interim Director of Community Development; Whitney Berry, Associate Planner; Rudy Monroy, Code Enforcement Officer; Shaunna Hunter, Senior Administrative Analyst; and Teresa Takaoka, City Clerk. Also present, via Zoom, was Sergeant Tina McCoy from the Lomita Sheriff’s Station. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by resident Savannah Seal. CLOSED SESSION REPORT: Assistant City Attorney Gerli reported that the City Council met in Closed Session to discuss two items. The first item being Conference with Legal Counsel – Initiation of Litigation pursuant to Gov’t Code Section 54956.9(d)(4) in two (2) cases. Council provided direction to initiate litigation in both cases. The action, the defendants, and other particulars shall once formerly commence to be disclosed to any person upon inquiry. DRAFT City Council Regular Minutes August 15, 2023 Page 3 of 10 Assistant City Attorney Gerli reported that the second item being Conference with Legal Counsel – Anticipated Litigation pursuant to Government Code § 54956.9 (d)(2) or (d)(3) & (e)(1). This item was discussed and no reportable action was taken. MAYOR’S ANNOUNCEMENTS: Mayor Ferraro recognized the Run for Myles 5k/10k taking place on Saturday, September 9 at the Point Vicente Interpretive Center in Rancho Palos Verdes. Run For Myles is a nonprofit organization founded in honor of Myles Helm, a Rancho Palos Verdes resident and competitive endurance athlete who completed countless races. Jill Helm (wife) and Kyle Helm (son) each shared some comments. Mayor Ferraro recognized Steve Yu, Chief Operating and Financial Officer for UCLA South Bay, who shared information regarding the opening UCLA South Bay campus. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Ferraro announced the Recycle Winners for the August 1, 2023 City Council meeting: Jeanne Smolley and Fatima Husain. She indicated that all winners receive a check for $250 and urged everyone to participate in the City’s recycling program. She noted that in addition to winning the Recycler Drawing, the two individuals won a personal emergency preparedness kit from the City valued at $40. APPROVAL OF THE AGENDA: Mayor Pro Tem Cruikshank moved, seconded by Councilmember Alegria, to approve the agenda as presented. The motion passed on the following roll call vote: AYES: Alegria, Bradley, Cruikshank, and Mayor Ferraro NOES: None ABSENT: Seo PUBLIC COMMENTS FOR NON-AGENDA ITEMS: City Clerk Takaoka reported that late correspondence was distributed and there were five requests to speak. The following members of the public addressed the City Council: Casey Carbonel; Anthony Chen; Jane Stein; Marie Chura and Miriam Naya. CITY MANAGER REPORT: City Manager Mihranian provided updates on the following: Hosted activities for Sakura City, Japan delegates which included the Third Anniversary Sister City Celebration which was held on August 5; Alert SouthBay and how to donate to help those affected DRAFT City Council Regular Minutes August 15, 2023 Page 4 of 10 by the fires in Maui; L.A. Found Project Lifesaver information session will be held on August 16 at Hesse Park at 2:00 P.M.; Community Town Hall with Assemblymember Al Muratsuchi will be on August 19 at Peninsula Center Library in Rolling Hills Estates from 10:00 - 11:30 A.M.; Movies in the Park will be playing The Super Mario Bros. Movie on August 26 at the Ken Dyda Civic Center beginning at dusk; Welcome the Palos Verdes Peninsula Unified School District students and teachers back to school on August 23; City Hall will be closed on Monday, September 4 due to Labor Day and construction is prohibited; City Hall Birthday Open House will be held on September 7 at the Ken Dyda Civic Center from 2:00 – 6:00 P.M.; RPV’s Run for Myles 5K/10K will be held on September 9 at the Point Vicente Lighthouse; and the City’s 50th Anniversary Gala banquet dinner will be held on September 9 at Terranea Resort. CONSENT CALENDAR: City Clerk Takaoka noted that late correspondence was distributed for item letter D and there were no requests to speak. Mayor Pro Tem Cruikshank moved, seconded by Mayor Ferraro, to approve the Consent Calendar as presented. The motion passed on the following roll call vote: AYES: Alegria, Bradley, Cruikshank, and Mayor Ferraro NOES: None ABSENT: Seo A. Approval of Minutes (Takaoka) Approved the Minutes of August 1, 2023, Regular Meeting. B. Registers of Demands (Mata) Adopted Resolution No. 2023-39, 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 to file a Notice of Completion for the Pavement Management Program – Arterial Roadway Rehabilitation Silver Spur Road (North of Hawthorne Boulevard). (Awwad) Accepted the Pavement Management Program – Arterial Roadway Rehabilitation Silver Spur Road (North of Hawthorne Boulevard) as complete; authorized the City Clerk to file a Notice of Completion for the project with the Los Angeles County Registrar-Recorder’s Office; and if no claims are filed within 35 days after recordation, send a notice to the surety company to exonerate the Performance Bond; and, authorized the Director of Public Works to release the 5% construction DRAFT City Council Regular Minutes August 15, 2023 Page 5 of 10 retention payment to Hardy & Harper, Inc., 35 days after the recordation of the Notice of Completion by the Los Angeles County Registrar-Recorder’s Office, contingent upon no claims being filed on the project, and the contractor posting an acceptable warranty bond with the City. D. Consideration and possible action to ratify an opposition letter regarding Assembly Bill (AB) No. 309 (Social Housing Act). (Hunter) Ratified the opposition letter signed and sent to Honorable Anthony J. Portantino Chair of the Senate Appropriations Committee by Mayor Ferraro on August 1, 2023, opposing AB 309 that would grant the Department of General Services (DGS) the authority to make land use and zoning decisions on state excess property. E. Consideration and possible action to ratify the payment to Built Rite Fence Company for emergency fence replacement services. (Traunter) Ratified the payment of $61,870 to Built Rite Fence Company for emergency fence replacement services rendered between June 16, 2023 and June 28, 2023. F. Consideration and possible action to enter into a Memorandum of Understanding (MOU) between the City of Rancho Palos Verdes and Run for Myles for co-hosting the RPV’s Run for Myles nonprofit running event. (Bailiff) Authorized the Mayor and City Clerk to execute an MOU between the City of Rancho Palos Verdes and Run for Myles for co-hosting the RPV’s Run for Myles nonprofit running event on September 9, 2023, in a form approved by the City Attorney. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: None. PUBLIC HEARINGS: 1. Consideration and possible action to adopt an Urgency Ordinance extending the moratorium period for Urgency Ordinance No. 665U on the entitlement, establishment, expansion, or modification of antennas governed pursuant to § 17.76.020 (Antennas) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code. (Berry) City Clerk Takaoka reported that the notice of the public hearing was duly published, no written protests were received, and there were no requests to speak. Interim Director of Community Development Silva introduced Associate Planner Berry who presented a staff report and PowerPoint presentation. Mayor Ferraro declared the public hearing open. DRAFT City Council Regular Minutes August 15, 2023 Page 6 of 10 Discussion ensued among Council Members, and questions were asked of Staff. Mayor Ferraro declared the public hearing closed. Councilmember Bradley moved, seconded by Councilmember Alegria, to adopt Ordinance No. 673U, by a four-fifths vote of the entire City Council, AN URGENCY ORDINANCE EXTENDING THE MORATORIUM PERIOD ENACTED BY INTERIM URGENCY ORDINANCE NO. 665U AND URGENCY ORDINANCE NO. 670U BY AN ADDITIONAL ONE YEAR, TO ALLOW STAFF ADEQUATE TIME TO RESEARCH AND PREPARE CODE AMENDMENT PROCEEDINGS TO AMEND RANCHO PALOS VERDES MUNICIPAL CODE § 17.76.020 (ANTENNAS). The motion passed on the following roll call vote: AYES: Alegria, Bradley, Cruikshank, and Mayor Ferraro NOES: None ABSENT: Seo 2. Consideration and possible action to recover nuisance abatement costs on property located at 28074 Braidwood Drive (Case No. CODE2021-0112). (Monroy) City Clerk Takaoka reported that the notice of the public hearing was duly published, no written protests were received, there were no requests to speak. Interim Director of Community Development Silva introduced Code Enforcement Officer Monroy who presented a staff report and PowerPoint presentation . Mayor Ferraro declared the public hearing open. Discussion ensued among Council Members, and questions were asked of Staff. Mayor Ferraro declared the public hearing closed. Councilmember Alegria moved, seconded by Mayor Pro Tem Cruikshank , to adopt Resolution No. 2023-40, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES CONFIRMING THE REPORT OF NUISANCE ABATEMENT COSTS AND AUTHORIZING A SPECIAL ASSESSMENT, IN THE FORM OF A LIEN IN THE AMOUNT OF $11,005.92, TO RECOVER ABATEMENT COSTS ON PROPERTY LOCATED AT 28074 BRAIDWOOD DRIVE (APN 7584 - 016-016) (CASE NO. CODE2021-0112); and directed Staff to submit to the Los Angeles County Auditor/Controller for collection in the next applicable tax roll year the confirmed nuisance abatement costs in the amount of $11,005.92 and to direct the City Attorney and the Interim Finance Director to prepare and cause to be recorded in the Office of the Los Angeles County Recorder appropriate notices of DRAFT City Council Regular Minutes August 15, 2023 Page 7 of 10 liens which document the amount of nuisance abatement costs assessed for the property located at 28074 Braidwood Drive (APN 7584-016-016). The motion passed on the following roll call vote: AYES: Alegria, Bradley, Cruikshank, and Mayor Ferraro NOES: None ABSENT: Seo REGULAR BUSINESS: 3. Consideration and possible action to receive a status update on the Portuguese Bend Landslide Remediation Project. (Awwad) City Clerk Takaoka reported late correspondence was distributed earlier and there were five requests to speak. Director of Public Works Awwad presented a staff report and PowerPoint presentation. Director of Public Works Awwad introduced the following consultants who were available for questions: Sam Hout, Principal/Owner at Hout Construction Services, Inc.; Ronald Hallum, Principal Geologist at Ninyo and Moore; Roger Chung, Project Manager at BKF Engineers; and Jayme Fairfield, Director of Marketing and Project Administration at Hout Construction Services, Inc. City Council asked questions of Staff. The following members of the public addressed the City Council: Rob Kautz; Gordon Leon; Craig Cadwallader; Barbara Sattler; and Al Sattler. Discussion ensued among Council Members and questions were asked of Staff and consultant Sam Hout. Councilmember Bradley moved, seconded by Mayor Pro Tem Cruikshank, to approve Staff recommendations as follows: 1) Receive and file a status report on the Portuguese Bend Landslide Remediation Project; and (2) Directed Staff to return to the City Council with professional services agreements to proceed with final engineering plans while determining if the project can be modified to reduce the footprint of the flow reduction area and drainage swales; maximize their ability to support native habitat; and relocate hydrauger batteries to areas that minimize impacts on native habitat. The motion passed on the following roll call vote: AYES: Alegria, Bradley, Cruikshank, and Mayor Ferraro NOES: None DRAFT City Council Regular Minutes August 15, 2023 Page 8 of 10 ABSENT: Seo Councilmember Bradley called for a brief recess at 8:55 P.M. Without objection, Mayor Ferraro so ordered. The meeting reconvened at 9:07 P.M. 4. Consideration and possible action to approve the updated Landslide Complex Monitoring Program. (Awwad) City Clerk Takaoka reported there were five requests to speak. Director of Public Works Awwad presented a staff report and PowerPoint presentation. City Council asked questions of Staff. The following members of the public addressed the City Council: Gordon Leon; Ken Dyda; and Mickey Rodich. Discussion ensued among Council Members. The additional following members of the public addressed the City Council: Al Sattler; and Barbara Sattler. Discussion ensued among Council Members, and questions were asked of Staff. Councilmember Alegria moved, seconded by Councilmember Bradley, to continue the existing Landslide Complex Monitoring program with an enhanced contingency and to come back at a future meeting with a revised professional services agreement for implementation of the Landslide Complex Monitoring Program. The motion passed on the following roll call vote: AYES: Alegria, Bradley, and Mayor Pro Tem Cruikshank NOES: Mayor Ferraro ABSENT: Seo Councilmember Bradley moved to extend the meeting to 11:15 P.M, by acclamation Mayor Ferraro so ordered. 5. Consideration and possible action to receive a report on the City’s RPV Community Foundation and Finance Advisory Committee’s recommendation of hiring a consultant to lead a capital campaign for the Civic Center. (Bañales) City Clerk Takaoka noted that there were no requests to speak. City Manager Mihranian provided a summary on the recommended action. DRAFT City Council Regular Minutes August 15, 2023 Page 9 of 10 Councilmember Bradley moved to extend the meeting to 11:15 P.M. Without objection, Mayor Ferraro so ordered. Interim Director of Finance Ramos introduced Finance Advisory Committee Vice- Chair Raquel Brown who spoke on the requested item and recommendation from the Finance Advisory Committee. Discussion ensued among Council Members and Staff and questions were asked of Finance Advisory Committee Vice-Chair Brown. Councilmember Alegria moved, seconded by Mayor Ferraro, to approve Staff recommendations as follows: 1) Received and filed a status update on the formation and implementation of the RPV Community Foundation; 2) Reviewed the Finance Advisory Committee’s (FAC) recommendation to on-board a development consultant for the purposes of developing and leading a capital campaign to raise funds to pay for certain City projects; and, 3) Directed Staff to initiate the process of soliciting request for proposals (RFPs) for a development consultant, following the recommendation made by the FAC, to conduct a feasibility study and lead the capital campaign for, among other City projects, the proposed Civic Center Master Plan. The motion passed on the following roll call vote: AYES: Alegria, Bradley, Cruikshank, and Mayor Ferraro NOES: None ABSENT: Seo 6. Consideration and possible action to take a position on Assembly Constitutional Amendment 10 (ACA 10). (Wynder) City Clerk Takaoka reported late correspondence was distributed and there were no requests to speak. City Manager Mihranian provided a brief introduction on the item. Discussion ensued among Council Members. Councilmember Bradley moved, seconded by Mayor Ferraro, to approve Staff recommendations as follows: Directed Staff to work with the City Council Legislative Subcommittee (Mayor Pro Tem Cruikshank and Councilmember Alegria) and return on September 5, 2023 with an opposition letter on ACA 10 to be sent to the California Assembly Appropriations Committee, the City’s Assembly representatives, and the City’s Senate representatives. The motion passed on the following roll call vote: AYES: Alegria, Bradley, Cruikshank, and Mayor Ferraro NOES: None DRAFT City Council Regular Minutes August 15, 2023 Page 10 of 10 ABSENT: Seo FUTURE AGENDA ITEMS: None. CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. ADJOURNMENT: At 10:49 P.M., Mayor Ferraro adjourned to 6:00 P.M. September 5, 2023, for a Closed Session Meeting, followed by a Regular meeting at 7:00 P.M. Mayor Ferraro adjourned the meeting in memory of those who perished during the devasting fires in Lahaina, Maui, Hawaii last week. She also adjourned in honor of those who now face uncertain futures in the area, may we keep them in our thoughts. __________________________ Barbara Ferraro, Mayor Attest: __________________________ Teresa Takaoka, City Clerk