CC DM 20240507 A - DRAFT 20240416 CC MINS
DRAFT
MINUTES
ADJOURNED REGULAR MEETING OF THE RANCHO PALOS VERDES CITY
COUNCIL AND SPECIAL MEETING OF THE IMPROVEMENT AUTHORITY
APRIL 16, 2024
CALL TO ORDER:
An Adjourned Regular Meeting of the Rancho Palos Verdes City Council for the purpose
of a Closed Session was called to order by Mayor Cruikshank at 6:03 P.M. at Fred Hesse
Jr. Community Park, McTaggart Hall, 29301 Hawthorne Boulevard. This meeting took
place both in person and remotely. Remote participation by any Councilmember was in
accordance with 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: Bradley, Seo, Alegria and Mayor Cruikshank
ABSENT: Ferraro* (excused)
Also present were Ara Mihranian, City Manager; Elena Gerli, City Attorney; Brandy
Forbes, Director of Community Development; and John Fox, Assistant City Attorney.
PUBLIC COMMENTS FOR CLOSED SESSION:
None.
CLOSED SESSION ITEM(S) ANNOUNCED:
City Attorney Gerli announced the items to be discussed in Closed Session.
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to § 54956.9(b), (c), (d)(2): (5 potential
cases): Regional Board threatened litigation Claim 9589071052700684926334,
settlement offer R4-2024-0014; Claim No. 9589071052700684926273,
settlement offer R4-2024-0013; Claim 9589071052700684926518, settlement
offer R4-2024-0020; Claim 9589071052700684926457, settlement offer R4 -
2024-0018; Claim 9589071052700684926242, settlement offer R4 -2024-0012.
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
GC SECTION 54956.9(d)(2) and (e)(1)
A closed session will be held, pursuant to Government Code § 54956.9(d)(2)
and (e)(1) because there is a significant exposure to litigation in two (2) cases
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where the facts and circumstances giving rise to an exposure to litigation are
believed to be unknown to the putative plaintiff(s).
3. PENDING LITIGATION – POTENTIAL LITIGATION AGAINST THE CITY
GC 54956.9(d)(2) and (e)(1)
A point has been reached where, in the opinion of the City Council on the advice
of the City Attorney, based on existing facts and circumstances, there is a
significant exposure to litigation against the City in one (1) case.
4. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
A closed session will be held, pursuant to Government Code § 54956.9 (d)(2) &
(e)(5), because based on existing facts and circumstances, there is a significant
exposure to litigation. The relevant facts and circumstances are 2 emails sent
from Sherri Hastings to the City Council and the City Manager on March 27,
2024, threatening a class action lawsuit against the City in the matter of the
City’s handling of the landslide in the Landslide Complex. The emails are
available for inspection at the City Clerk’s Office.
5. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
A closed session will be held, pursuant to Government Code § 54956.9 (d)(1),
regarding the existing case of Cherryhill Lane LLC v City of Rancho Palos
Verdes Case No. 24STCP00330.
At 6:06 P.M. the Council recessed to Closed Session.
*Councilmember Ferraro joined the Closed Session meeting in the Fireside Room at 6:06
P.M.
RECONVENE TO REGULAR MEETING:
At 7:07 P.M. the Closed Session was reconvened to the Regular meeting.
REGULAR MEETING – OPEN SESSION
CALL TO ORDER:
An Adjourned Regular meeting of the Rancho Palos Verdes City Council and Special
Meeting of the Improvement Authority was called to order by Mayor Cruikshank at 7:07
P.M. at Fred Hesse Jr. 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: Bradley, Ferraro, Seo, Alegria, and Mayor Cruikshank
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ABSENT: None
Also present were Ara Mihranian, City Manager; Elena Gerli, City Attorney; John Fox,
Assistant City Attorney; Vina Ramos, Director of Finance; Ramzi Awwad, Director of
Public Works; Cory Linder, Director of Recreation and Parks; Brandy Forbes, Director of
Community Development; Amy Seeraty, Senior Planner; Jessica Bobbett, Senior
Planner; Enyssa Sisson, Deputy City Clerk; and Teresa Takaoka, City Clerk.
Also present was Sergeant Kennedy of the Lomita Sheriff’s Station.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Mayor Pro Tem Alegria.
CLOSED SESSION REPORT:
City Attorney Gerli reported that City Council met in Closed Session to discuss five items.
Item one, will be continued to the May 7 City Council meeting and this item was not
discussed. Item two, corrected the wording in three cases to reflect only two cases. Both
cases were discussed, and no reportable action was taken. Item three, was discussed,
and no reportable action was taken. Item four, was discussed, and no reportable action
was taken. Item five, was discussed, and no reportable action was taken.
MAYOR’S ANNOUNCEMENTS:
Mayor Cruikshank announced the honorable mentions and winner of the Whale of a Day
poster contest. Mayor Cruikshank shared the Whale of a Day Festival will take place on
April 27, 2024 at the Point Vicente Interpretive Center.
Mayor Cruikshank introduced Los Angeles Fire Department Chief Brian Kane and
Rosemary Vivero, Community Service Liaison. Chief Kane provided details on the recent
Vista Verde Condominium Fire. He also thanked Nick Resich and the Green Hills team
for their response and support of fire victims the night of the structure fire.
Mayor Cruikshank shared the passing of Deputy Daniel Okamoto and noted the
meeting would be adjourned in his memory.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
Mayor Cruikshank, by order of affirmation, noted the Recycle Winners for March 19,
2024, were John Shook, Carmen Dibernardo, Tomoko Akazawa, and Niels Staehr.
The winners will each receive a check for $250 as well as a personal emergency
preparedness kit from the City valued at $40.
APPROVAL OF THE AGENDA:
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Mayor Pro Tem Alegria moved, seconded by Councilmember Bradley, to approve the
agenda as presented.
The motion passed on the following roll call vote:
AYES: Bradley, Ferraro, Seo, Alegria, and Mayor Cruikshank
NOES: None
PUBLIC COMMENTS FOR NON-AGENDA ITEMS:
City Clerk Takaoka reported that there was one request to speak.
The following members of the public addressed the City Council: Judy Frankel.
CITY MANAGER REPORT:
City Manager Mihranian provided updates on the following: Earthquake app; Landslide
Town Hall Meeting on April 17 at 6 P.M.; President Joseph Biden approves California
Disaster Declaration on April 13; Informing the public to adhere to signage near
Portuguese Bend Area; Annual Budget Workshop on April 18 at 6 P.M.; Capital
Improvement Program Budget Workshop on April 29 at 6:00 P.M.; Assemblymember Al
Muratuschi will hosting a Senior Scam Stopper Seminar on April 19 at 10 A.M.- 12 P.M.;
Palos Verdes Nature Preserve Quarterly Public Forum on April 24 at 6 P.M.; Whale of a
Day has been postponed to April 27 at 10 A.M. – 4 P.M.; Free Household Hazardous &
E-Waste Roundup on May 4 at 9 A.M.- 3 P.M.; Apply to various advisory committees by
May 10; Happy Earth Day; Happy Passover, and wished Mayor Pro Tem Alegria a Happy
Birthday.
CONSENT CALENDAR:
City Clerk Takaoka noted that late correspondence was distributed for Item A and there
were no requests to speak.
Mayor Pro Tem Alegria moved, seconded by Councilmember Seo, to approve the
Consent Calendar as presented.
The motion passed on the following roll call vote:
AYES: Bradley, Ferraro, Seo, Alegria, and Mayor Cruikshank
NOES: None
A. Approval of Minutes (Sisson)
Approved the Minutes of March 13 (Goals Workshop) and March 19, 2024,
Special/Adjourned Regular Meetings.
B. Registers of Demands (Mata)
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1) Adopted Resolution No. 2024-14, 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
(check run dated 03152024); 2) Adopted Resolution No. 2024-15, 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 (check run dated 03292024) and, 3) Adopted Resolution No.
IA 2024-02, 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 regarding a claim against the City by
Suzanne Maurizio. (Sisson)
1) Rejected the claim and directed Staff to notify the claimant, Suzanne Maurizio.
D. Consideration and possible action to receive the January 2024 Cash
Balances/Monthly Treasurer’s Report. (Lin)
Received and filed the January 2024 Cash Balances/Monthly Treasurer’s Report for
the City and the Improvement Authority.
E. Consideration and possible action to receive the February 2024 Cash
Balances/Monthly Treasurer’s Report. (Lin)
Received and filed the February 2024 Cash Balances/Monthly Treasurer’s Report for
the City and the Improvement Authority.
F. Consideration and possible action to adopt an ordinance recodifying the
Rancho Palos Verdes Municipal Code (RPVMC). (Takaoka)
Adopted Ordinance No. 677, AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES ENACTING A NEW CODE FOR THE CITY OF RANCHO PALOS VERDES,
CALIFORNIA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT
INCLUDED THEREIN; PROVIDING FOR THE MANNER OF AMENDING SUCH
CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL
BECOME EFFECTIVE.
G. Consideration and possible action to waive after-the-fact planning and penalty
fees for unpermitted construction on the property at 29740 Knoll View Drive
(PLGR No. 2023-0052). (Bobbett)
Approved, via Minute Order, waiving only the after-the-fact (ATF) penalty fee portion
of the requested fee waiver in the amount of $3,241 to legalize unpermitted
construction on the property at 29740 Knoll View Drive Review (PLGR No. 2023 -
0052).
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H. Consideration and possible action to approve Amendment No. 1 to the
Professional Services Agreement with Ardurra Group, Inc. for Citywide
telecommunication permit processing services. (Mesker)
1) Approved Amendment No. 1 to the professional services agreement with Ardurra
Group, Inc., which increases the not-to-exceed contract amount by $99,800 from
$25,000 to $124,800 for Citywide telecommunications permit services and allows
services to continue beyond April 16, 2024, to January 31, 2025; and, 2) Authorized
the Mayor and City Clerk to execute Amendment No. 1, in a form approved by the City
Attorney.
I. Consideration and possible action to accept Gifts for Parks donations. (Hirsch)
Accept Gifts for Parks donations and direct Staff to prepare donor letters of
appreciation for the Mayor’s signature.
J. Consideration and possible action to oppose Assembly Bill (AB) No. 2560
(Density Bonus Law: California Coastal Act of 1976). (Hunter)
Authorized the Mayor to sign a letter of opposition to AB 2560, which aims to apply
Density Bonus Law to the California Coastal Act without limitation restrictions.
K. Consideration and possible action to support Senate Bill (SB) No. 1461 (State
of emergency and local emergency: landslide). (Hunter)
Authorized Mayor Cruikshank to sign a letter in support of SB 1461 which would add
"landslide" as a condition constituting a state of emergency or local emergency in the
Emergency Services Act (ESA).
PUBLIC HEARINGS:
1. Consideration and possible action to conduct the 2023 annual review of Trump
National Golf Club’s compliance with its maintenance obligations relating to
trails and open space (Case No. PLMH2024-0001). (Seeraty)
Mayor Pro Tem Alegria recused himself at 7:42 P.M.
City Clerk Takaoka reported that the notice of the public hearing was duly published,
no written protests were received, late correspondence was distributed, and there
were no requests to speak.
Mayor Cruikshank declared the public hearing open.
Senior Planner Seeraty presented a staff report and PowerPoint presentation.
Council Members asked questions of Staff.
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The following applicant addressed the City Council: Lili Amini.
Mayor Cruikshank declared the public hearing closed.
Discussion ensued among Council Members.
Councilmember Bradley moved, seconded by Councilmember Ferraro, to approve
Staff recommendations as follows: Received and filed the 2023 annual review of
Trump National Golf Club’s compliance with its maintenance obligations relating to
trails and open space pursuant to the 2018 City Council-approved Amended and
Restated Declaration of Restrictions.
The motion passed on the following roll call vote:
AYES: Bradley, Ferraro, Seo, and Mayor Cruikshank
NOES: None
RECUSED: Alegria
Mayor Pro Tem Alegria rejoined at 7:51 P.M.
2. Consideration and possible action to approve the Revised 2021 -2029 Final
Housing Element and Housing Programs (Case Nos. PLGP2022-0001,
PLGP2024-001, PLZC2024-001, PLCA2024-001 & PLCA 2024-002).
(Silva/Bobbett)
City Clerk Takaoka reported that the notice of the public hearing was duly published,
no written protests were received, late correspondence was distributed and there were
forty-four requests to speak.
Mayor Cruikshank declared the public hearing open.
City Attorney Gerli made an announcement regarding the Levine Act. The Levine Act
prevents Councilmembers from participating in Governmental Decisions when they
receive a contribution of more than $250.00 in the last twelve months. Mayor
Cruikshank, within the the last twelve months, received a $1,500 contribution from the
owner of the Clipper property for his LA County Supervisorial race. The Law allows
for Safe Harbor whereby the Mayor can return the portion above $250.00 to the donor,
within thirty days of the date he knew or should have known of the proceeding before
the Council. The FPPC has provided guidance on the date he knew or should have
known would be the date the meeting was noticed. Since this is a Public Hearing that
would be the date on which he knew or should have known. This Public Hearing was
published on April 1. The Mayor has indicated that he will return the portion over $250
within 30 days of the date of Public Notice Hearing, and with that this allows him to
participate in this item.
City Manager Mihranian provided an introductory of the item and introduced Director
of Community Development Forbes, who presented a staff report and PowerPoint
presentation. Director of Community Development Forbes introduced Gaurav
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Sruiastava, Urban Design Director of Dudek who provided additional details. Director
of Community Development Forbes continued her staff report and PowerPoint
presentation.
Discussion ensued among Council Members and questions were asked of Staff.
The following members of the public addressed the City Council: Sharon Yarber,
Janine Micucci, Dennis Beaubion, Dana Ireland, Dan Bruening, Pritam Matharu, Mike
Peterson, Brian Otto, Edward Yost, Scott Peotter, Shahzad Khaligh, Kimberly Mueller,
Kathy Millea, Barry Yudess, Yogi Matharu, Michael Ungar, Robert Zweigler, Stephanie
Hawner, Mark Rayn Mestchian, Tony Declue, Larry Donahue, Damon Willens, Stasys
Petraviaus; Kitty Callahan, Lisa Turek, Jon Appleby, Elisabeth Ryan, Kevin Stanler,
Wayne Wang, Benjamin Eilenberg, Victoria Kratz, and Eva Albuja.
Mayor Cruikshank called for a brief recess at 10:0 0 P.M. Without objection, it was so
ordered. The meeting was reconvened at 10:14 P.M.
Sergeant Kennedy of the Lomita Sheriff’s Station left the meeting and was replaced
by Sergeant David Diestel.
The following members of the public addressed the City Council after the meeting
resumed: Heinrich Muller.
Councilmember Bradley moved to extend the meeting to 11:30 P.M., without objection
it was so ordered.
The following members left a pre-recorded voicemail: Maureen Martineau, Nicole
Ticknor, Greg Thompson, Rich Heisen, Zhu Yun, Evelyn Dawson, Ellen Engelke,
Nancy Yoko Kelly, Amy Wolff, Jack Allocco, and Diana Wolff.
Mayor Cruikshank declared the public hearing closed.
Discussion ensued among Council Members and questions were asked of Staff.
Discussion ensued among Council Members.
Councilmember Bradley moved, seconded by Councilmember Seo, to approve Staff
recommendations as follows: 1) Reviewed the Revised 2021-2029 Final Housing
Element and Housing Programs Addendum; 2) Adopted Resolution No. 2024-16, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DETERMINING THE HOUSING ELEMENT PROJECT WAS
ADEQUATELY ASSESSED IN THE NEGATIVE DECLARATION ADOPTED ON
AUGUST 11, 2022, AS AMENDED BY ADDENDUM NO. 1, ADOPTING A GENERAL
PLAN AMENDMENT FOR THE 2021-2029 HOUSING ELEMENT (CASE NO.
PLGP2022-0001), AS REVISED MARCH 15, 2024, APPROVING RELATED
GENERAL PLAN AMENDMENTS OF THE LAND USE ELE MENT AND LAND USE
MAP, AND APPROVING RELATED LOCAL COASTAL PLAN (COASTAL SPECIFIC
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PLAN) AMENDMENTS TO EFFECTUATE THE 2021-2029 HOUSING ELEMENT”; 3)
Adopted Ordinance No.678U, “AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING TITLE 17
(ZONING) BY ADDING CHAPTERS 17.47 (MIXED USE OVERLAY DISTRICT
(MUOD)), 17.48 (RESIDENTIAL OVERLAY DISTRICT (ROD)), AMENDING
CHAPTER 17.10 ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY
DWELLING UNIT DEVELOPMENT, AND AMENDING CHAPTER 17.96
(DEFINITIONS) OF TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE, TO EFFECT THE REVISED FINAL 2021-2029 HOUSING
ELEMENT”; 4) Adopted Resolution No. 2024-17, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA,
FORWARDING TO THE COASTAL COMMISSION THE AMENDMENTS TO THE
LOCAL COASTAL PROGRAM (LCP), COASTAL SPECIFIC PLAN AND ZONING
MAP RELATED TO THE 6TH CYCLE HOUSING ELEMENT ACTIONS IN THE
COASTAL ZONE, CONSISTENT WITH STATE LAW”; 5) Directed Staff to submit the
Final Draft Housing Element to the California Department of Housing and Community
Development for review; and, 6) Initiated code amendment proceedings related to
amendments to Chapter 17.40 (Overlay Control Districts), Chapter 17.96 (Definitions),
Chapter 17.76 (Miscellaneous Permits and Standards), Chapter 17.10 (Accessory
Dwelling Unit and Junior Accessory Dwelling Unit Development Standards) and other
code sections as applicable of Title 17 of the Rancho Palos Verdes Municipal Code.
The motion passed on the following roll call vote:
AYES: Bradley, Ferraro, Seo, Alegria, and Mayor Cruikshank
NOES: None
REGULAR BUSINESS:
3. Consideration and possible action to approve emergency work for the
Portuguese Bend Landslide. (Awwad)
City Clerk Takaoka reported that late correspondence was distributed and there were
5 requests to speak.
City Manager Mihranian provided a brief overview.
Discussion ensued among Council Members.
The following members of the public addressed the City Council: Tyson Schotz,
Sheri Hastings, Nikki Noushkam, and, Eva Albuja.
The following member had a comment read into the record: Tony Buesing.
Councilmember Bradley moved, seconded by Mayor Pro Tem Alegria, to approve
Staff recommendations as follows: Continue this item to the May 7, 2024 City Council
meeting, noting the Council’s desire to incorporate any relief in reduction of City permit
fees or any other appropriate considerations or exceptions that would assist residents.
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The motion passed on the following roll call vote:
AYES: Bradley, Ferraro, Seo, Alegria, and Mayor Cruikshank
NOES: None
4. Consideration and possible action to review assessment rate options for the
Citywide Landscaping and Lighting Maintenance District for Fiscal Year 2024 -
25. (Hevener)
City Clerk Takaoka reported that there were no requests to speak.
Councilmember Seo moved to waive the staff report. Without objection, this was so
ordered.
Mayor Pro Tem Alegria moved, seconded by Councilmember Ferraro, to approve Staff
recommendations as follows: 1) Reviewed and selected the preferred option for
setting the annual assessment rate for the Citywide Landscaping and Lighting
Maintenance District for Fiscal Year 2024-25; 2) Directed staff to prepare the
Engineer’s Report for the Citywide Landscaping and Lighting Maintenance District for
FY 2024-25; and, 3) Directed staff to return at a later date with the appropriate
resolutions memorializing the Council’s directive for future consideration at a duly
noticed public hearing.
The motion passed on the following roll call vote:
AYES: Bradley, Ferraro, Seo, Alegria, and Mayor Cruikshank
NOES: None
5. Consideration and possible action to introduce an ordinance establishing
permissible uses of the official seal of the City of Rancho Palos Verdes.
(Takaoka)
City Clerk Takaoka reported that there were no requests to speak.
Councilman Bradley moved to waive the staff report. Without objection, this was so
ordered.
Discussion ensued among Council Members and questions were asked of Staff.
Councilman Bradley moved, seconded by Councilmember Seo, to approve Staff
recommendations as amended 1) Introduced Ordinance No. 679, AN ORDINANCE
OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, ADDING CHAPTER
1.20 (CITY SEAL) TO TITLE 1 (GENERAL) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE ESTABLISHING PERMISSIBLE USES OF THE OFFICIAL SEAL
OF THE CITY OF RANCHO PALOS VERDES; 2) Directed Staff to cover all iterations
of the City logo and all variations thereon.
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The motion passed on the following roll call vote:
AYES: Bradley, Ferraro, Seo, Alegria, and Mayor Cruikshank
NOES: None
CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT:
None.
CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER:
None.
FUTURE AGENDA ITEMS:
Councilmember Seo directed staff to research how revenue the abatement districts had
collected in taxes.
CITY COUNCIL ORAL REPORTS:
Each Council Member present reported on his/her attendance at various organization and
association meetings.
ADJOURNMENT:
At 11:23 P.M., Mayor Cruikshank adjourned to April 17, 2024 for the Landslide Town Hall
meeting.
Mayor Cruikshank adjourned the meeting in honor and memory of LASD Deputy Daniel
Okamoto.
_______________________________
John Cruikshank, Mayor
Attest:
__________________________
Teresa Takaoka, City Clerk