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CC DM 20240604 A - 20240521 DRAFT CC MINS DRAFT MINUTES REGULAR MEETING OF THE RANCHO PALOS VERDES CITY COUNCIL AND SPECIAL MEETING OF THE SUCCESSOR AGENCY TO THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY AND IMPROVEMENT AUTHORITY MAY 21, 2024 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 Cruikshank at 6:01 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: Seo, Alegria and Mayor Cruikshank ABSENT: Bradley (excused) and Ferraro* (excused in Fireside room) Also present were Ara Mihranian (via Zoom), City Manager; Elena Gerli, City Attorney; Brandy Forbes, Director of Community Development; Vina Ramos, Director of Finance; Ramzi Awwad, Director of Public Works; and Anita Luck of Aleshire & Wynder. 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 – EXISTING LITIGATION GC SECTION 54956.9(c) and (d)(1) A closed session will be held, pursuant to Government Code § 54956.9(c) and (d)(1), regarding Tangerine Holdings LLC v City of Rancho Palos Verdes, LA County Superior Court Case No. 24STCP0124. 2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION GC SECTION 54956.9(c), (d)(2), and (e)(2) DRAFT City Council Regular Minutes May 21, 2024 Page 2 of 8 A closed session will be held, pursuant to Government Code § 54956.9(c), (d)(2), and (e)(2) because 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 the following 5 cases: Regional Board threatened litigation Claim 9589071052700684926334, settlement offer R4-2024-0014; Claim No. 9589071052700684926273, settlement offer R4 - 2024-0013; Claim No. 9589071052700684926518, settlement offer R4 -2024- 0020; Claim No. 9589071052700684926457, settlement offer R4-2024-0018; Claim No. 9589071052700684926242, settlement offer R4 -2024-0012. 3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION GC SECTION 54956.9(c), (d)(2), and (e)(1) A closed session will be held, pursuant to Government Code § 54956.9(c), (d)(2), and (e)(1) because 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 three cases, where the facts and circumstances giving rise to an exposure to litigation are believed to be unknown to the putative plaintiffs. At 6:03 P.M. the Council recessed to Closed Session. *Councilmember Ferraro joined the Closed Session meeting in the Fireside Room at 6:03 P.M. RECONVENE TO REGULAR MEETING: At 7:21 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 Special Meeting of the Successor Agency to the Redevelopment Agency and the Improvement Authority was called to order by Mayor Cruikshank at 7:21 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: Ferraro, Seo, Alegria and Mayor Cruikshank DRAFT City Council Regular Minutes May 21, 2024 Page 3 of 8 ABSENT: Bradley Also present were Ara Mihranian, City Manager (via Zoom); Elena Gerli, 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; Noel Casil, Senior Engineer; Enyssa Sisson, Deputy City Clerk; and Teresa Takaoka, City Clerk. Also present was Deputy Lopez-Beltran of the Lomita Sheriff’s Station. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Merlin David, Executive Director of the Peninsula Friends of the Library. CLOSED SESSION REPORT: City Attorney Gerli reported that City Council met in Closed Session to discuss three items. Item No. 2 and one of the three cases under item No. 3, were continued to the June 4 City Council meeting. Item No. 1 and the remaining two items under item No. 3 were discussed and no reportable action was taken. MAYOR’S ANNOUNCEMENTS: Councilmember Seo read a proclamation of the City Council recognizing the month of May 2024 as Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Heritage Month. May is nationally recognized as AANHPI Heritage Month and presents an opportunity for all residents to learn about and celebrate the rich and diverse cultures of AANHPI communities. Councilmember Seo and the entire City Council hereby proclaimed the month of May 2024 as AANHPI Heritage Month. City Clerk Takaoka introduced Ami Ghandi, President of the Palos Verdes Peninsula Unified School District Board of Education and Devin Serrano, Superintendent of Palos Verdes Peninsula Unified School District, who shared the school district’s proposed bond measure. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Cruikshank, by order of affirmation, noted the Recycle Winners for May 7, 2024, were Julian and Dorthe Foley, and Sharon and Robert Holman. 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: Mayor Pro Tem Alegria moved, seconded by Councilmember Ferraro, to approve the agenda as presented. DRAFT City Council Regular Minutes May 21, 2024 Page 4 of 8 The motion passed on the following roll call vote: AYES: Ferraro, Seo, Alegria and Mayor Cruikshank NOES: None ABSENT: Bradley 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: Merlin David. CITY MANAGER REPORT City Manager Mihranian provided updates on the following: SBA Disaster assistance now available to California businesses and residents impacted by severe winter storms; Thank you Public Works Department for National Public Works Week; Summer Classes registration opens May at 8 a.m.; Abalone Cove Volunteer Event on June 1 at 9 a.m.- 12 p.m.; Palos Verdes Peninsula Chamber of Commerce Street Fair and Music Festival on June 8 at 10 a.m.- 10 p.m. and June 9 at 10 a.m.- 9 p.m.; Monday, May 27 is Memorial Day and the City remembers and honor our veterans and those that have served our nation, flags were installed throughout the City, and City Hall will be closed on the holiday. CONSENT CALENDAR: City Clerk Takaoka noted that no late correspondence was received and there were no requests to speak. Mayor Pro Tem Alegria moved, seconded by Councilmember Ferraro, to approve the Consent Calendar as presented. The motion passed on the following roll call vote : AYES: Ferraro, Seo, Alegria, and Mayor Cruikshank NOES: None ABSENT: Bradley A. Approval of Minutes (Sisson) Approved the Minutes of April 18 (Budget Workshop) and May 7, 2024 Regular Meetings. DRAFT City Council Regular Minutes May 21, 2024 Page 5 of 8 B. Registers of Demands (Mata) 1) Adopted Resolution No. 2024-22, 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 04262024). C. Consideration and possible action to adopt an amended City of Rancho Palos Verdes Conflict of Interest Code in conformance with the requirements of the Fair Political Practices Commission. (Sisson) 1) Received and filed the 2024 Local Agency Biennial Notice for the City of Rancho Palos Verdes, Successor Agency, and Improvement Authority to amend the Conflict of Interest Code; 2) Adopted Resolution No. 2024-23, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ADOPTING AN AMENDED CONFLICT OF INTEREST CODE PREPARED BY THE FAIR POLITICAL PRACTICES COMMISSION CONTAINING REVISED DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES; AND REPEALING RESOLUTION NO. 2022-23; 3) Adopted Successor Agency Resolution No. 2024-01, A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY ADOPTING AN AMENDED CONFLICT OF INTEREST CODE CONTAINING DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES; AND REPEALING SUCCESSOR AGENCY RESOLUTION NO. 2022-01; and 4) Adopted Improvement Authority Resolution No. 2024-04, A RESOLUTION OF THE RANCHO PALOS VERDES IMPROVEMENT AUTHORITY ADOPTING AN AMENDED CONFLICT OF INTEREST CODE AND REPEALING IMPROVEMENT AUTHORITY RESOLUTION NO. 2022-05. D. Consideration and possible action to approve Amendment No. 4 to the Professional Services Agreement with Environmental Sciences Associates to provide continued environmental support for the City’s 6 th Cycle Housing Element. (Bobbett) 1) Approved Amendment No. 4 to the Professional Services Agreement (PSA) with Environmental Sciences Associates (ESA) to increase the agreement amount by $5,800 with a contingency of $5,000 for a new contract sum of $329,239 and extend the agreement term to September 30, 2024, to provide continued environmental support for the City’s 6th Cycle Housing Element; and 2) Authorized the Mayor and City Clerk to execute Amendment No. 4 to the PSA with ESA in a form approved by the City Attorney. E. Consideration and possible action to take positions on certain retail theft and shoplifting legislation being considered by state law makers. (Hunter) 1) Authorized the Mayor to sign position letters in support of Assembly Bill (AB) 1772 (Retail Theft and Shoplifting); AB 2943 (Shoplifting); AB 1960, AB 1990, AB 2814, AB 3209, and Senate Bill (SB) 1242 (Retail Theft Enforcement and Enhancement Legislation); AB 1802, AB 1972, and SB 982 (Organized Retail Theft Legislation); AB DRAFT City Council Regular Minutes May 21, 2024 Page 6 of 8 1779 and AB 1794 (Retail Theft Aggregation and Multi-Jurisdictional Legislation); and AB 1845, SB 1144, SB 1381, and SB 1416 (Retail Theft Resale of Stolen Goods Legislation) F. Consideration and possible action to adopt an updated “Designation of Applicant’s Agent” resolution for the California Office of Emergency Services (CalOES). (Ramos) 1) Adopted Resolution No. 2024-24, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AUTHORIZING CERTAIN OFFICIALS OF THE CITY TO FILE APPLICATION WITH THE CALIFORNIA OFFICE OF EMERGENCY SERVICES (CalOES). G. Consideration and possible action to reconfirm continuing the emergency justification for work and contract bidding on the Portuguese Bend Landslide Emergency Hydraugers Project. (Copp) 1) Reconfirmed, by a four-fifths vote, there is a need to continue the work on the Portuguese Bend Landslide Emergency Hydraugers Project declared by Council - adopted Resolution No. 2024-20 on May 7, 2024, finding an emergency exists requiring immediate action to install hydraugers in the Portuguese Bend Landslide to seek to mitigate the movement of the landslide; 2) Directed the City Clerk to confirm the same in the minutes of this City Council meeting, via Minute Order, reflecting this action; and 3) Adopted Resolution No. 2024-25: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, FINDING AND DECLARING, BY A FOUR-FIFTHS VOTE OF THE ENTIRE CITY COUNCIL, THAT AN EMERGENCY EXISTS WHICH WILL NOT PERMIT THE COMPETITIVE SOLICITATION OF BIDS FOR THE EMERGENCY HYDROAUGERS PROJECT, DETERMINING THE EMERGENCY HYDRAUGERS PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO THE EMERGENCY EXEMPTION SET FORTH IN PUBLIC RESOURCES CODE, SECTION 21080(b)(4), AND AWARDING A CONTRACT TO MALCOLM DRILLING COMPANY, INC., TO CONSTRUCT THE EMERGENCY HYDROAUGERS PROJECT CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: None. PUBLIC HEARINGS: None. REGULAR BUSINESS: 1. Consideration and possible action to approve the recommendations for the Western Avenue Traffic Flow Improvements Project. (Casil) DRAFT City Council Regular Minutes May 21, 2024 Page 7 of 8 City Clerk Takaoka reported there were two 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 and Deepak Kaushik of Iteris. Discussion ensued among Council Members. At this time, the Zoom participants were called upon to speak under public comments but were not available. Discussion ensued among Council Members and questions were asked of Staff. Mayor Pro Tem Alegria moved, seconded by Councilmember Ferraro, to approve Staff recommendations as follows: 1) Approved the proposed Traffic Study’s recommendations for the Western Avenue Traffic Flow Improvements Project to improve traffic flow and authorize staff to proceed to the design and construction phase; 2) Received and filed the Traffic Safety Committee’s recommendations; 3) Directed Staff to continue investigating and coordinating with California Department of Transportation (Caltrans) to determine if Flashing Yellow Arrows are justified for northbound Western Avenue at Peninsula Verde Drive and for Western Avenu e at West Park Western Drive; and 4) Directed Staff to include the left turn pocket for northbound Western Avenue at The Terraces Shopping Center in the Traffic Study’s list of recommended locations for lengthening of turn pockets. The motion passed on the following roll call vote: AYES: Ferraro, Seo, Alegria, and Mayor Cruikshank NOES: None ABSENT: Bradley 2. Consideration and possible action to initiate code amendment proceedings to Chapter 17.78.030 (Consideration of Multiple Applications) and Chapter 17.75 (Sign Code) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code (RPVMC). (Forbes) Director of Community Development Forbes presented a staff report and PowerPoint presentation. Mayor Pro Tem Alegria moved, seconded by Councilmember Ferraro, to approve Staff recommendations as follows: 1) Initiated code amendment proceedings to amend RPVMC Section 17.78.030 (Consideration of Multiple Applications) of Title 17 (Zoning) to prohibit multiple Senate Bill (SB) 330 preliminary applications and/or multiple applications for the same entitlement for mutually exclusive projects on the same property at the same time; and 2) Initiated code amendment proceedings to DRAFT City Council Regular Minutes May 21, 2024 Page 8 of 8 amend RPVMC Section 17.75 (Sign Code) of Title 17 (Zoning) regarding legal nonconforming signs. The motion passed on the following roll call vote: AYES: Ferraro, Seo, Alegria, and Mayor Cruikshank NOES: None ABSENT: Bradley CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER: None. CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. ADJOURNMENT: At 8:35 P.M., Mayor Cruikshank adjourned to June 4, 2024 for a Closed Session meeting followed by a 7:00 P.M Regular meeting. _______________________________ John Cruikshank, Mayor Attest: __________________________ Teresa Takaoka, City Clerk