CC MINS 20240716 MINUTES
REGULAR MEETING OF THE RANCHO PALOS VERDES CITY COUNCIL
JULY 16, 2024
11 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 6:00 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 in Fireside room)
Also present were Ara Mihranian, City Manager; John Fox, Assistant City Attorney;
Catherine Jun, Deputy City Manager; and Michael Gallagher (virtual).
PUBLIC COMMENTS FOR CLOSED SESSION:
III None.
CLOSED SESSION ITEM(S) ANNOUNCED:
City Attorney Gerli announced the items to be discussed in Closed Session.
1. PENDING LITIGATION — POTENTIAL LITIGATION AGAINST THE CITY
GC SECTION 54956.9(c), (d)(2), and (e)(2)
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
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 — PENDING LITIGATION
GC 54956.9(c), (d)(2) and (e)(2)
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, which
facts and circumstances concern the City's potential liability for remediation of
contamination at the BKK Landfill in West Covina.
At 6:02 P.M. the Council recessed to Closed Session.
RECONVENE TO REGULAR MEETING:
At 7:05 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
Cruikshank at 7:05 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
ABSENT: None
Also present were Ara Mihranian, City Manager; John Fox, Assistant City Attorney;
Catherine Jun, Deputy City Manager; Vina Ramos, Director of Finance; Ramzi Awwad,
Director of Public Works; Cory Linder, Director of Recreation and Parks; Brandy Forbes,
Director of Community Development; Octavio Silva, Deputy Director of Community
Development; Vanessa Hevener, Project Manager; Enyssa Sisson, Deputy City Clerk;
and Teresa Takaoka, City Clerk.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Director of Recreation and Parks Cory Linder.
CLOSED SESSION REPORT:
Assistant City Attorney Fox reported that the City Council met in Closed Session to
discuss two items. Item one, pending litigation and potential litigation against the City
related to threaten ligation from the Regional Water Quality Control Board. There are five
cases, and there is nothing to report, this matter will be continued to the next City Council
Meeting. Item two, conference with legal Council pending litigation. Significant exposure
litigation related to contamination of the BKK Landfill West Covina, there are no reportable
actions.
MAYOR'S ANNOUNCEMENTS: 111
City Council Regular Minutes
July 16, 2024
Page 2 of 9
Mayor Pro Tern Alegria and the City Council recognized the following outgoing Youth
Advisory Committee member: Braydan Maloney.
Mayor Cruikshank announced the retirement of Director of Recreation and Parks, Cory
Linder and thanked him for his service and many accomplishments during his time with
the City.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
Mayor Cruikshank, by order of affirmation, noted the Recycle Winners for July 2, 2024,
were Cliff Van Wagner and David Willock.
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 Alegria moved, seconded by Councilmember Seo, 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
IIIPUBLIC 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: Fahmeh Rezayat.
CITY MANAGER REPORT
City Manager Mihranian provided updates on the following: Formally introduced the new
Deputy City Manager Catherine Jun; the successful Fourth of July Celebration and Drone
show; 2024 Fourth of July Pie eating contest Championship belt winner, Councilmember
Bradley; Candidate Filing begins on July 15 for two open seats; Public Safety
reimbursement program; Palos Verdes Peninsula Community Town Hall with
Assemblymember Muratsuchi on July 27 at Hesse Park 10:00 - 11:30 A.M.; National
Night Out will be held on August 6 at Hesse Park from 4:00 — 6:00 P.M.; Abalone Cove
and Sacred Cove Beaches Closed; Palos Verdes Nature Preserve Quarterly Public
Forum on August 7 at 6:00 P.M.; the third Movie in the park for summer 2024 will take
place at Ken Dyda Civic Center on August 10 at 7:00 P.M.; Summer Concert in the park
at Ken Dyda Civic Center on July 27 at 4:00 —6:00 P.M.; Happy World Ranger Day; and
Happy Retirement to Director of Recreation and Parks, Cory Linder.
CONSENT CALENDAR:
City Council Regular Minutes
July 16, 2024
Page 3 of 9
City Clerk Takaoka noted that there were requests to speak on item F.
Mayor Pro Tern Alegria moved, seconded by Councilmember Ferraro, to approve the
Consent Calendar as presented with the exception of item F which will be heard
immediately after approval of the consent item.
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 July 2, 2024 (Regular Meeting).
B. Registers of Demands (Mats)
1) Adopted Resolution No. 2024-45, 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 20240621); and 2) Adopted Resolution No. 2024-46, 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 (check run dated 20240627).
C. Consideration and possible action to adopt Ordinance No. 685 amending
Section 15.18.040 (Administrative code amended — Violations and penalties) of
Chapter 15.18 (Administrative Code) of Title 15 (Buildings and Construction) of
the Rancho Palos Verdes Municipal Code (RPVMC) to establish a penalty fee
waiver for building and construction violations performed by prior property
owners (Case No. PLCA2024-0002). (Kim)
Adopted Ordinance No. 685, AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES AMENDING SECTIONS 15.18.040 (ADMINISTRATIVE CODE AMENDED
—VIOLATIONS AND PENALTIES) OF CHAPTER 15.18 (ADMINISTRATIVE CODE),
OF TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE RANCHO PALOS
VERDES MUNICIPAL CODE TO ESTABLISH A PENALTY FEE WAIVER FOR
BUILDING AND CONSTRUCTION VIOLATIONS PERFORMED BY PRIOR
PROPERTY OWNERS.
D. Consideration and possible action to adopt Ordinance No. 683 and 684
amending Chapter 17.78 (Miscellaneous) and Chapter 17.75 (Sign Code) in Title
17 (Zoning)of the Rancho Palos Verdes Municipal Code to prohibit the submittal
of multiple applications for conflicting projects on the same property, and to
allow for the remodeling and/or reconstruction of existing legal non-conforming
freestanding monument, directory and pole signs (Case Nos. PLCA2024-0006
and PLCA2024-0005, respectively). (Seeraty)
City Council Regular Minutes
July 16, 2024
Page 4 of 9
1)Adopted Ordinance No. 683, AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, AMENDING §17.78.030 (CONSIDERATION OF MULTIPLE
APPLICATIONS) OF CHAPTER 17.78 (MISCELLANEOUS) IN TITLE 17 (ZONING)
OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO PROHIBIT THE
SUBMITTAL OF CONCURRENT OR SIMULTANEOUS PRELIMINARY
APPLICATIONS AND/OR DEVELOPMENT APPLICATIONS FOR MUTUALLY
EXCLUSIVE AND CONFLICTING PROJECTS AT THE SAME LOCATION, AND
DETERMINE THE CODE AMENDMENT IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT; and, 2) Adopted Ordinance No. 684, AN
ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA,
AMENDING §17.75.140.B (LEGAL NONCONFORMING SIGNS) OF CHAPTER
17.75 (SIGN CODE) IN TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE TO ALLOW FOR THE REMODELING AND/OR
RECONSTRUCTION OF EXISTING LEGAL NON-CONFORMING FREESTANDING
MONUMENT AND DIRECTORY SIGNS, AND POLE SIGNS, AND DETERMINE THE
CODE AMENDMENT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT.
E. Consideration and possible action to enter into a Memorandum of
Understanding (MOU) between the City of Rancho Palos Verdes and "Run for
Myles" to co-host a non-profit event. (Bailiff)
Authorized the Mayor to execute an MOU between the City of Rancho Palos Verdes
and Run for Myles to co-host a non-profit 1 k, 5k, and 10k race event on September
28, 2024, in a form approved by the City Attorney.
F. Consideration and possible action to reconfirm continuing the emergency
justification for work and contract bidding on the Portuguese Bend Landslide
Emergency Hydraugers Project. (Copp)
This item was removed for separate consideration.
G. Consideration and possible action to ratify emergency response services
invoices and approve Amendment No. 6 to the professional services agreement
with Stay Green Inc. for Citywide landscaping and general maintenance
services. (Hernandez)
1) Ratified payments to Stay Green, Inc. in the amount of $491,798 for emergency
response services related to the landslide emergency declaration and January 31 to
February 9, 2024 winter storm; 2) Approved Amendment No. 6 to the Amended and
Restated Professional Services Agreement with Stay Green Inc. for Citywide
landscaping and general maintenance services, thereby extending the term through
September 30, 2024 and increasing the contract sum by $444,000 for the period of
July 1, 2024 through September 30, 2024 to bring the total contract sum to
$11,399,641 over the seven-year and seven-month term of the agreement; and, 3)
Authorized the Mayor and City Clerk to execute Amendment No. 6 in a form approved
by the City Attorney.
CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT:
City Council Regular Minutes
July 16, 2024
Page 5 of 9
F. Consideration and possible action to reconfirm continuing the emergency
justification for work and contract bidding on the Portuguese Bend Landslide
Emergency Hydraugers Project. (Copp)
City Clerk Takaoka noted that there were two requests to speak.
The following members of the public addressed the City Council: Nikki Noushkam
and Sha.
Discussion ensued among Council Members and questions were asked of Staff.
Mayor Pro Tem Alegria moved, seconded by Councilmember Bradley, to approve
Staff recommendations as follows: 1) Reconfirm, 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; and,
2) Directed the City Clerk to confirm the same in the minutes of this City Council
meeting, via Minute Order, reflecting this action.
The motion passed on the following roll call vote:
AYES: Bradley, Ferraro, Seo, Alegria, and Mayor Cruikshank
NOES: None
PUBLIC HEARINGS:
1. Consideration and possible action to approve setting the Citywide Landscaping
and Lighting Maintenance District levy to zero for Fiscal Year 2024-25. (Hevener)
City Clerk Takaoka reported that the notice of the public hearing was duly published
and there were no requests to speak.
Mayor Cruikshank declared the public hearing open.
Director of Public Works Awwad introduced Project Manager Hevener who provided
a staff report and PowerPoint presentation.
Mayor Cruikshank declared the public hearing closed.
Councilmember Ferraro moved, seconded by Mayor Pro Tem Alegria, to approve Staff
recommendations as follows: 1) Conducted a public hearing for the proposed levy of
the Citywide Landscaping and Lighting Maintenance District for Fiscal Year 2024-25;
and, 2) Adopted Resolution No. 2024-47, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RANCHO PALOS VERDES SETTING THE LEVY AT ZERO
WITHIN THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE
DISTRICT FOR FISCAL YEAR 2024-25 PURSUANT TO THE LANDSCAPING AND
LIGHTING ACT OF 1972, PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS
AND HIGHWAYS CODE.
City Council Regular Minutes
July 16, 2024
Page 6 of 9
The motion passed on the following roll call vote:
AYES: Bradley, Ferraro, Seo, Alegria and Mayor Cruikshank
NOES: None
2. Consideration and possible action to approve Revision "Ill" to the Trump
National Golf Club Project Conditional Use Permit amending the Conditions of
Approval to allow Planning Entitlements to be processed for after-the-fact(ATF)
grading and construction on Lot No. 34 of Tract No. 50667 located at 31925
Emerald View Drive (Case No. PLCU2023-0004). (Silva)
City Clerk Takaoka reported that the notice of the public hearing was duly published,
late correspondence was distributed and there were six requests to speak.
Mayor Cruikshank declared the public hearing open.
Councilmember Ferraro informed the City Council and the public that though she had
been absent for the first hearing she had properly prepared for the discussion and
reviewed previous reports.
Mayor Pro Tem Alegria informed the public that the City Attorney analyzed the
proximity of his home to the site and determined he can be part of the discussion and
had properly prepared for the discussion.
Deputy Director of Community Development Silva who provided a staff report and
PowerPoint presentation.
Questions were asked of Staff.
The following applicant addressed the City Council: Hubert Frings.
The following members of the public addressed the City Council: Lian Boyd, Mike
Mulligan, Gina Mulligan, Patrick Erikson, and Steve Goldberg.
Council Members asked questions of the public speakers.
The following applicant addressed rebuttal comments: Hubert Frings
Mayor Cruikshank declared the public hearing closed.
Discussion ensued among Council Members and questions were asked of Staff.
Councilmember Bradley moved, seconded by Mayor Cruikshank to approve Staff
recommendations as amended: 1) Received and filed the City Attorney's legal opinion
that Mayor Pro Tem Alegria may participate in this agenda item discussion; 2)
Reviewed information prepared by the City Geologist on the potential impacts of
maintaining the as-built conditions versus the removal of the unpermitted
improvements on the subject 2:1 slope as requested by the City Council at its
City Council Regular Minutes
July 16, 2024
Page 7 of 9
November 14, 2023 meeting, and determined the proposal to amend the conditions
of approval for the Trump National Golf Club is acceptable per the plan reviewed by
the City Council at their July 16, 2024 meeting. All applicable soil/geotechnical reports
for the proposed improvements must be approved by the City's Geologist prior to the
processing of project applications, including but not limited to a Major Grading Permit
and Major Site Plan Review; 3) Adopted Resolution No. 2024-48, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING
ADDENDUM NO. 50 TO ENVIRONMENTAL IMPACT REPORT NO. 36 IN
CONNECTION WITH REVISION "III" TO THE TRUMP NATIONAL GOLF CLUB
PROJECT; 4) Adopted Resolution No. 2024-49,, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING REVISION
"III" TO THE TRUMP NATIONAL GOLF CLUB PROJECT CONDITIONAL USE
PERMIT TO ADD CONDITION OF APPROVAL NO. Z.14(e) TO ALLOW THE
PROPERTY OWNER TO APPLY FOR A MAJOR GRADING PERMIT AND MAJOR
SITE PLAN REVIEW FOR AFTER-THE-FACT GRADING AND CONSTRUCTION
OVER AN EXISTING 2:1 SLOPE ALONG THE SOUTHERLY AND WESTERLY
YARD AREAS OF LOT NO. 34 OF TRACT NO. 50667 LOCATED AT 31925
EMERALD VIEW DRIVE (PLCU2O23-0004), as amended, requiring the geotechnical
reports for proposed projects be approved by the City's Geologist; and 5) the applicant
is to have a licensed geologist assess the unpermitted slope fill, obtain appropriate
approvals to legalize unpermitted improvements under 48" in height in areas of
unpermitted slope fill, remove unpermitted improvements over 48" in height in areas
of unpermitted slope fill, and require the applicant to fulfill this within six months from
July 16, 2024.
The motion passed on the following roll call vote:
AYES: Bradley, Ferraro, Seo, Alegria, and Mayor Cruikshank
g Y
NOES: None
REGULAR BUSINESS:
3. Consideration and possible action to receive an update on planned repairs to
the "ski jump" on Palos Verdes Drive South in the Greater Portuguese Bend
Landslide Complex. (Awwad)
City Clerk Takaoka reported that late correspondence was distributed and there were
four requests to speak.
Director of Public Works Awwad provided a 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: Jeff Bassler, Martin
Lugo, Dr. Kit Song, and Eva Albuja.
Discussion ensued among Council Members.
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July 16, 2024
Page 8 of 9
Mayor Cruikshank moved, seconded by Councilmember Bradley, to approve Staff
recommendations as follows: 1) Received and filed two options to maintain the
traversability of Palos Verdes Drive South between Narcissa and Peppertree, known
locally as the "ski jump;" and, 2) Directed Staff to return to the City Council with a new
agreement to continue with regular asphalt repairs to smooth out the vertical grade of
the area of significant subsidence on Palos Verdes Drive South between Narcissa
Drive and Peppertree Drive, at the "ski jump," among other repairs on roadways
affected by accelerated movement of the Greater Portuguese Bend Landslide
Complex.
The motion passed on the following roll call vote:
AYES: Ferraro, Bradley, Seo, Alegria, and Mayor Cruikshank
NOES: None
CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER:
None.
FUTURE AGENDA ITEMS:
Mayor Pro Tem Alegria requested staff to evaluate the installation of permanent gazebo
designs for City Park events.
CITY COUNCIL ORAL REPORTS:
Each Council Member present reported on his/her attendance at various organization and
association meetings.
ADJOURNMENT:
At 10:07 P.M., Mayor Cruikshank adjourned to August 6, 2024, for a Closed Session
meeting followed by a 7:00 P.M. Regular meeting.
Jo_ ruikshank, Mayor
Attest:
eresaoka, City Clerk
City Council Regular Minutes
July 16, 2024
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