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CC MINS 20231003 MINUTES RANCHO PALOS VERDES CITY COUNCIL AND IMPROVEMENT AUTHORITY REGULAR MEETING, OCTOBER 3, 2023 CALL TO ORDER: A Regular Meeting of the Rancho Palos Verdes City Council and the Improvement Authority for the purpose of a Closed Session was called to order by Mayor Pro Tem Cruikshank at 6:02 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, Seo, and Mayor Pro Tem Cruikshank ABSENT: Bradley* (excused, later participated via Zoom in Fireside Room) and Mayor Ferraro (excused) Also present were Ara Mihranian, City Manager; William Wynder, City Attorney; Brandy Forbes, Community Development Director; Ramzi Awwad, Director of Public Works, and Karina Banales, Deputy City Manager. PUBLIC COMMENTS FOR CLOSED SESSION: City Clerk Takaoka noted that there were no requests to speak. CLOSED SESSION ITEM(S) ANNOUNCED: City Attorney Wynder announced the items to be discussed in Closed Session. However, he noted Item No. 4 (Public Employee Performance Evaluation) would be continued to a date when the full City Council would be available to consider the item. 1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION A closed session will be held, pursuant to Government Code §54956.9(d)(1), to confer with legal counsel regarding pending litigation to which the City is a party. The title of such litigation is as follows: Limetree Estates v. City of Rancho Palos Verdes, United States District Court Case No. 2:23-CV-1420. 2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION A closed session will be held, pursuant to Government Code §54956.9(d)(1), to confer with legal counsel regarding pending litigation to which the City is a party. The title of such litigation is as follows: Conjunction Junction, LLC v. City of Rancho Palos Verdes. Et al., Los Angeles County Superior Court Case No. 23STC P02886. 3. CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION A closed session will be held, pursuant to Government Code §54956.9 (d)(2) or (d)(3) & (e)(2) because there is a significant exposure to litigation in one case. 4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION A closed session will be held, pursuant to Government Code § 54957 to conduct an employee performance evaluation for the position of City Attorney. At 6:04 P.M., the Council recessed to Closed Session. RECONVENE TO REGULAR MEETING: At 7:02 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 and of the Improvement Authority was called to order by Mayor Pro Tem Cruikshank at 7:02 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, Seo, and Mayor Pro Tem Cruikshank ABSENT: Mayor Ferraro Also present were Ara Mihranian, City Manager; Karina Bahales, Deputy City Manager; William Wydner, City Attorney; Vina Ramos, Interim Director of Finance; Cory Linder, Director of Recreation and Parks; Daniel Trautner, Deputy Director of Recreation Parks; Ramzi Awwad, Public Works Director; Brandy Forbes, Director of Community Development; Lukasz Buchwald, Information Technology Manager; Enyssa Sisson, Administrative Analyst and Teresa Takaoka, City Clerk. Also present was Lieutenant Michael White, Interim Captain of the Lomita Sheriffs Station and via Zoom, was Sergeant Tina McCoy from the Lomita Sheriffs Station. City Council Minutes October 3, 2023 Page 2 of 9 PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Seo. CLOSED SESSION REPORT: City Attorney Wynder reported that the City Council had three items on the Closed Session agenda. The performance evaluation Closed Session agenda item was taken off the calendar and will be put back when a full City Council is present and available to consider the matter. In each case, there was a privileged and confidential briefing on two pending litigations to which the city is a party, Limetree Estates v. City of Rancho Palos Verdes and Conjunction Junction, LLC v. City of Rancho Palos Verdes. The City Attorney's Office provided a privileged and confidential briefing on the ongoing litigation. There was a discussion about implementing a litigation strategy and no reportable action was taken nor was any solicited. The City Attorney provided a privileged and confidential briefing on facts and circumstances which could give rise to litigation in one or more cases. Again, there was a privileged and confidential briefing, questions were asked and answered, but no reportable action was taken. MAYOR'S ANNOUNCEMENTS: None. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Pro Tem Cruikshank announced the Recycle Winners for the September 19, 2023, City Council meeting: Kathy McGinn and Elaine Wakayama. He indicated that all winners receive a check for $250 and urged everyone to participate in the City's Recycling Program. He 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: Councilmember Alegria moved, seconded by Councilmember Seo, to approve the agenda as presented. The motion passed on the following roll call vote: AYES: Alegria, Bradley, Seo, and Mayor Pro Tem Cruikshank NOES: None ABSENT: Mayor Ferraro City Council Minutes October 3, 2023 Page 3 of 9 PUBLIC COMMENTS FOR NON-AGENDA ITEMS: City Clerk Takaoka noted that there were three requests to speak and late correspondence was distributed earlier. The following members of the public addressed the City Council: Rick Fox, Jeff Gold, and Emily Colville. CITY MANAGER REPORT: City Manager Mihranian provided updates on the following: Breast Cancer Awareness Month; Civic Center Advisory Committee and Finance Advisory Committee joint meeting will be held on October 5 at 6:30 P.M; Civic Center Advisory Committee Board Recruitment accepting applications now through October 20; Receive updates on Land Movement; EDCO fall brush clearing event on October 7 — November 4; Youth Advisory Committee applications due on October 6; Palos Verdes Nature Preserve Quarterly Public Forum on October 11 at 6 P.M.; Welcome our new Director of Community Development, Brandy Forbes; and Wishing Councilmember Bradley a Happy Birthday. CONSENT CALENDAR: Councilmember Alegria moved, seconded by Councilmember Seo, to approve the agenda as presented. The motion passed on the following roll call vote: I AYES: Alegria, Bradley, Seo, and Mayor Pro Tem Cruikshank NOES: None ABSENT: Mayor Ferraro A. Approval of Minutes (Zweizig) Approved the Minutes of September 19, 2023, Regular Meeting. B. Registers of Demands (Mata) 1) Adopted Resolution No. 2023-46, 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; and 2) Adopted Resolution No. IA 2023-10, 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 approve the amended and restated agreement between Turbo Data Systems, Inc. and the cities of Rolling Hills Estates, Rolling Hills, and Rancho Palos Verdes for processing parking citations. (Bañales) City Council Minutes October 3, 2023 Page 4 of 9 (1) Approved the amended and restated agreement between Turbo Data Systems, Inc. and the cities of Rolling Hills Estates, Rolling Hills, and Rancho Palos Verdes for processing of parking citations and identifying the three cities as the Palos Verdes Parking Authority; and (2) Authorized the Mayor to execute the amended and restated agreement in a form acceptable to the City Attorney. D. Consideration and possible action to approve Amendment No. 3 to the Professional Services Agreement with John L. Hunter & Associates to incorporate stormwater studies at Averill Canyon and San Pedro Canyon. (Hevener) (1) Approved Amendment No. 3 to the Professional Services Agreement with John L. Hunter &Associates in the amount of$71,545, increasing the overall contract sum from $494,473 to $566,018 for stormwater studies at Averill Canyon and San Pedro Canyon; and (2) Authorized the Mayor to execute Amendment No. 3 in a form approved by the City Attorney. E. Consideration and possible action to approve Amendment No. 1 to the Professional Services Agreement with Dudek to establish the Mixed-Use Overlay Zoning District. (Bobbett) (1) Approved Amendment No. 1 to the Professional Services Agreement with Dudek authorizing a one-year term extension ending September 21, 2024, to establish a Mixed-Use Overlay Zoning District, develop related development standards, and prepare associated environmental documents, for an amount not to exceed $309,990; and (2) Authorized the Mayor and City Clerk to execute the amendment in a form approved by the City Attorney. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: None. PUBLIC HEARINGS: None. REGULAR BUSINESS: 1. Consideration and possible action to consider declaring a local emergency and/or adopting an urgency ordinance prohibiting new construction within one or more of the various landslides within the greater Portuguese Bend Landslide Complex. (Wynder) City Clerk Takaoka noted that late correspondence was distributed and there were 14 requests to speak. City Council Minutes October 3, 2023 Page 5 of 9 City Manager Mihranian provided a brief introduction on the item. He also requested that residents refrain from approaching or encroaching on workers in the slide area to ensure everyone's personal safety. He then introduced City Attorney Wynder who presented a staff report and PowerPoint presentation. City Attorney Wynder noted that data received as late as today would be included as part of the exhibit. Discussion ensued among Council Members, and questions were asked of Staff and City Attorney. The following members of the public addressed the City Council: Gordon Leon, Jerry Duhovic, Larry Paul, Sha, Joseph Cruz, Nikki Noushkam, Eva Albuja, David Roth, Ben Eilenberg, Kit Song, Daniel Rouimi, Bryce Low-White, Barbara Sattler, and Carrie Merrihew. Discussion ensued among Council Members. Councilmember Alegria moved, seconded by Councilmember Seo, to approve Staff recommendations as follows: 1) Adopted Resolution No. 2023-47 adopting a declaration, pursuant to Public Resources Code §§ 21080 et seq. and California Environmental Quality Act (CEQA) Guidelines §§ 15269, 15300.2(d), and 15301(d), that the exemptions from CEQA for actions to mitigate an emergency apply to the City's actions because emergency conditions exist within the greater Portuguese Bend Landslide Complex as outlined in white lines on the attached map with the necessary findings that "a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services" and "including soil or geologic movements" requiring immediate remediation, as amended; 2) Adopted, by a four-fifths vote of the entire City Council, Interim Urgency Ordinance No. 674U, pursuant to Government Code §§ 36937 and 65858 for the immediate preservation of the public peace, health, and safety, prohibiting new construction within one or more of the various landslides, excepting therefrom actions necessary to prevent or mitigate loss of, or damage to, life, health, property, or essential public services" and "including soil or geologic movements" requiring immediate remedial action, as amended; 3) Directed Staff to provide support services to the Abalone Cove Landslide Abatement District (ACLAD) and the Klondike Canyon Landslide Abatement District (KCLAD) which have the statutory authority and responsibility to address the landslide(s) occurring within their geographic boundaries to address the accelerating land movement, to expedite needed remedial actions; 4) Directed Staff to return with a comprehensive survey/specific action plan with details to be provided to Council on remediation efforts in the short term; and, 5) Directed the City Attorney and Staff to contact the State Controller's Office to find out what is occurring with the Klondike Canyon Landslide Abatement District. The motion passed on the following roll call vote: AYES: Alegria, Bradley, Seo, and Mayor Pro Tem Cruikshank NOES: None ABSENT: Mayor Ferraro City Council Minutes October 3, 2023 Page 6 of 9 Mayor Pro Tern Cruikshank called for a brief recess at 9:07 P.M. Without objection, Mayor Pro Tem Cruikshank so ordered. The meeting reconvened at 9:19 P.M. 2. Consideration and possible action to approve traffic calming measures for Avenida Classica and Avenida Esplendida between Crest Road and Los Verdes Drive. City Clerk Takaoka noted that late correspondence was distributed and there were 24 requests to speak. Director of Public Works Awwad presented a staff report and PowerPoint presentation. Discussion ensued among Council Members, and questions were asked of Staff. City Manager Mihranian invited John Tye, Chair of Traffic Safety Committee, to be available for questions. The following members of the public addressed the City Council: Dave Tomblin, Dan Myers, Kevin Morris, Lauren Palmer, Luna Rae, Bob Ralls, Casey Carbonel, Joan Carbonel, Chris Carbonel, Craig Weintraub, Minik Son, Younglim Son, Jae Hwang, Stephane Drolet, Indira Ayscough, Sandra Hammersmark, Greg Spinner, Dean Zamani, Kenneth Lee, Don Hammersmark, Larry LeVesque, Fredrick Hahn, Lynn Ige, and Rob Ige. Councilmember Alegria moved to extend the meeting to 11:00 P.M., by acclamation Mayor Pro Tem Cruikshank so ordered. Discussion ensued among Council Members, and questions were asked of Staff and City Attorney. Councilmember Alegria moved, seconded by Mayor Pro Tern Cruikshank, to approve the alternative option of installing traffic circles and to evaluate installing a loading zone for commercial vehicles on Los Verdes Drive. In addition, tasking Public Works and the Traffic Safety Committee to ensure that there is a point of evaluation of the traffic circles within a reasonable time frame, and to come back to Council should there,be a recommendation or appropriation needed to install a traffic signal on Hawthorne Blvd. at Los Verdes Drive. The motion passed on the following roll call vote: AYES: Alegria, Bradley, Seo, and Mayor Pro Tern Cruikshank NOES: None ABSENT: Mayor Ferraro City Council Minutes October 3, 2023 Page 7 of 9 3. Consideration and possible action to receive a report from Southern California Edison (SCE) regarding frequent power outages in the Grandview Estates neighborhood. (Bañales) City Clerk Takaoka noted that there were no requests to speak. Deputy City Manager Banales presented a brief update and noted that the Government Affairs Representatives were unable to participate in tonight's agenda item due to previous commitments. Discussion ensued among Council Members, and questions were asked of Staff. Councilmember Alegria moved to extend the meeting to 11:15 P.M., by acclamation Mayor Pro Tern Cruikshank so ordered. Discussion ensued among Council Members. Councilmember Alegria moved, seconded by Councilmember Seo, to approve Staff recommendations as follows: 1) Received and filed a status report from SCE on its action plan and timeline for correcting power outage issues in the Grandview Estates neighborhood; and 2) Requested SCE return on October 17, 2023, with a progress update for correcting the power outage issues in the Grandview Estates neighborhood. The motion passed on the following roll call vote: AYES: Alegria, Bradley, Seo, and Mayor Pro Tem Cruikshank NOES: None ABSENT: Mayor Ferraro CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER: None. 1 FUTURE AGENDA ITEMS: None.' • CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his attendance at various organization and association meetings. ADJOURNMENT: At 11:02 P.M., Mayor Pro Tern Cruikshank adjourned to 6:00 P.M. on October 17, 2023, for a Closed Session, followed by a Regular meeting at 7:00 P.M. City Council Minutes October 3, 2023 Page 8 of 9 Jo n ikshank, Mayor Pro Tern Attest: Tere:a Takaoki, City Clerk City Council Minutes October 3, 2023 Page 9 of 9