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CC MINS 20240903 MINUTES REGULAR MEETING OF THE RANCHO PALOS VERDES CITY COUNCIL AND MEETING OF THE IMPROVEMENT AUTHORITY SEPTEMBER 3, 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 6:07 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, Ferraro, Seo, Alegria, and Mayor Cruikshank ABSENT: None Also present were Ara Mihranian, City Manager; Elena Gerli, City Attorney; Catherine Jun, Deputy City Manager; Brandy Forbes, Director of Community Development; Ramzi Awaad, Director of Public Works; Vina Ramos, Director of Finance; Director of Recreation and Parks, Daniel Trautner; David Rasor, Building Official and William Wynder, City Attorney Emeritus. 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 — 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. 2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION GC 54956.9(c), (d)(1). ,4 A closed session will be held, pursuant to Government Code §54956.9(c), (d)(1), to confer with legal counsel regarding existing litigation to which the City is a party. The title of such litigation is as follows: Anderson at al. v. City of Rancho Palos Verdes et al., Los Angeles Superior Court Case No. 24STCV20953. At 6:08 P.M. the Council recessed to Closed Session. RECONVENE TO REGULAR MEETING: At 7:13 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 Improvement Authority Meeting was called to order by Mayor Cruikshank at 7:13 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; Elena Gerli, City Attorney; Catherine Jun, Deputy City Manager; Vina Ramos, Director of Finance; Ramzi Awwad, Director of Public Works; Noel Casil, Senior Engineer; Daniel Trautner, Director of Recreation and Parks; Brandy Forbes, Director of Community Development; Deputy Director of Community Development, Octavio Silva; Enyssa Sisson, Deputy City Clerk; and Teresa Takaoka, City Clerk. Also present was Captain Kimberly Guerrero of the Lomita Sheriff's Station. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Assembly Member Al Muratsuchi. CLOSED SESSION REPORT: City Attorney Gerli reported that City Council met in Closed Session to discuss two items. City Attorney Gerli reported that both items were discussed and no reportable action was taken on either item. City Council Regular Minutes September 3, 2024 Page 2 of 9 MAYOR'S ANNOUNCEMENTS: Mayor Cruikshank and the City Council recognized the following outgoing Youth Advisory Committee member: Tristan Tang. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Cruikshank, by order of affirmation, noted the Recycle Winners for August 20, 2024, Kurt Muller and Carol Berkonite. 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 Tern, Alegria moved, seconded by Councilmember Seo, to approve the agenda and withdraw item 6, since it was addressed at the Special Meeting. 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 were four requests to speak. The following members of the public addressed the City Council: Assemblymember Al Muratsuchi, Carol Mueller, Frances Frank, and Carl Gutierrez. CITY MANAGER REPORT City Manager Mihranian provided updates on the following: Governor Newsom proclaims State of Emergency in the City of Rancho Palos Verdes; Palos Verdes Peninsula Emergency Readiness, visit pvpready.gov; Sign up for alert SouthBay emergency alerts, text ALERTSB to 888-77 or register at AlertSouthBay.com; City Hall will have its Open House on September 5 at Ken Dyda Civic Center at 2—6 P.M.; and Candidate Forum on September 4 has been canceled, and the only forum that will take place is on September 18 at Hesse Park, McTaggart Hall from 7 to 9:00 P.M. CONSENT CALENDAR: City Clerk reported that late correspondence was distributed regarding item E and there were no requests to speak. Mayor Pro Tern Alegria moved, seconded by Councilmember Ferraro, to approve the Consent Calendar as presented. City Council Regular Minutes September 3, 2024 Page 3 of 9 The motion passed on the following roll call vote: AYES: Bradley, Ferraro, Seo, Alegria, and Mayor Cruikshank NOES: None A. Approval of Minutes (Sisson) Approve the Minutes of August 20, 2024 (Regular Meeting) B. Registers of Demands (Mats) 1) Adopted Resolution No. 2024-55, 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 2024-09, 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 receive the July 2024 Cash Balances/Monthly Treasurer's Reports. (Lin) Received and filed the July 2024 Cash Balances/Monthly Treasurer's Report for the City and the Improvement Authority. D. Consideration and possible action regarding a claim against the City by George Mardikian. (Sisson) Rejected the claim and directed Staff to notify the claimant, George Mardikian. E. Consideration and possible action to award a professional services agreement to Show Ready Inc. to design, fabricate, and install two new exhibits at the Point Vicente Interpretive Center. (Rodin) 1) Awarded a professional services agreement (PSA) to Show Ready Inc. to design, fabricate, and install two new exhibits at the Point Vicente Interpretive Center (PVIC); 2) Authorized the Mayor and City Clerk to execute the PSA, in a form acceptable to the City Attorney; and, 3) Approved an additional appropriation of $45,000 from the Donor Restricted Contribution Fund. F. Consideration and possible action to file a Notice of Completion for the Ladera Linda Community Park Project construction contract. (O'Neill) 1) Accepted the Ladera Linda Community Park Project's construction contract as complete; 2) Authorized the City Clerk to file a Notice of Completion for the construction contract 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 City Council Regular Minutes September 3, 2024 Page 4 of 9 company to exonerate the Performance Bond; and, 3) Authorized the Director of Public Works to release the 5% construction retention payment to AMG &Associates, Inc., 35 days after 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. 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) 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. H. Consideration and possible action to issue a Request for Proposal for a development impact fee study. (Ramos) 1) Reviewed the Finance Advisory Committee's (FAC) recommendation to initiate a development impact fee study (also known as a Nexus Study) to potentially establish appropriate impact fees for future development projects; and 2) Directed Staff to issue a request for proposals (RFP) from qualified fee consultants to develop the Nexus Study for consideration by the City Council at a future meeting. I. Consideration and possible action to ratify two letters requesting Governor Newsom to veto Senate Bill 450 (Atkins) and Senate Bill 937 (Wiener) (Jun) 1) Ratified a letter signed by Mayor Cruikshank, requesting Governor Newsom to veto Senate Bill (SB) 450: Housing Development: approvals (Atkins); and, 2) Ratified a letter signed by Mayor Cruikshank, requesting Governor Newsom to veto Senate Bill (SB) 937: Development projects: fees and charges (Wiener) CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: None. PUBLIC HEARINGS: 1. Consideration and possible action to extend the construction moratorium and establish temporary home hardening and alternative housing regulations within the greater Portuguese Bend Landslide Complex. (Forbes) City Clerk Takaoka reported that the notice of the public hearing was duly published and there were eleven requests to speak. City Council Regular Minutes September 3, 2024 Page 5 of 9 Mayor Cruikshank declared the public hearing open. Director of Community Development Forbes provided a staff report and PowerPoint presentation. The following applicants addressed the City Council: Tim Kelly, Sheri Hastings, Lisa Gladstone, Marianne Hunter, Nikki Noushkam, Patty Perkinson, Dr. Cassie Jones, Peter Mirich, River Wade, Dr. Kit Song, and Eva Albuja. 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: 1) Adopted Urgency Ordinance No. 686U, AN INTERIM URGENCY ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, EXTENDING THE MORATORIUM ON THE ACCEPTANCE OR PROCESSING OF APPLICATIONS, ISSUANCE OF PERMITS, AND CONSTRUCTION OF ALL STRUCTURES WITHIN THE PORTUGUESE BEND LANDSLIDE COMPLEX ADOPTED BY ORDINANCE 674U AND EXTENDED BY ORDINANCE 675U, FOR AN ADDITIONAL 12 MONTHS, EXPIRING OCTOBER 2, 2025; and, 2) Adopted Urgency Ordinance No. 687U AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, ESTABLISHING REGULATIONS AND PROCEDURES TO INSTALL TEMPORARY MEASURES TO PRESERVE EXISTING STRUCTURES AND TO AUTHORIZE TEMPORARY HOUSING ON THE SAME SITE AS AN EXISTING RESIDENCE, WITHIN THE PORTUGUESE BEND LANDSLIDE COMPLEX. REGULAR BUSINESS: 2. Consideration andpossible action to take a position on the Palos Verdes Peninsula Unified School District Classroom Repair/Student Safety Bond Measure. (Jun) City Clerk Takaoka reported that late correspondence was distributed and there were nine requests to speak. Deputy City Manager Jun provided a brief overview report. The following members of the public addressed the City Council: Sharon Yarbor, Sharon Rizzi, Gabor Nemeth, John Smythe, Alex Motamedi, Charity Malin, Jennifer Jordan, Mickey Rodich, and Elliot Levy. Discussion ensued among Council Members. Mayor Pro Tem Alegria moved, seconded by Councilmember Seo, to approve Staff recommendations as follows: 1) Considered the Palos Verdes Peninsula Unified School District (PVPUSD) Classroom Repair/Student Safety Bond Measure as continued from August 20, 2024; and, 2) Adopted Resolution No. 2024-56, A City Council Regular Minutes September 3, 2024 Page 6 of 9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES THEREBY EXPRESSING ITS SUPPORT WHICH MAY BE USED FOR CAMPAIGN PURPOSES. The motion passed on the following roll call vote: AYES: Ferraro, Seo, and Alegria NOES: Mayor Cruikshank ABSTAIN: Bradley Mayor Cruikshank called for a brief recess at 9:18. Without objection, it was so ordered. The meeting was reconvened at 9:32 P.M. a. Consideration and possible action to evaluate the Housing Sites Inventory of the City Council-Adopted 2021-2029 Housing Element. (Bobbett) City Clerk Takaoka reported that late correspondence was distributed and there were seventeen requests to speak. Director of Community Development Forbes 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: Odette DeVeelschoven, Shahzad Khaligh, Cindy Martin, A.K Munaim, Tom Hartman, Richard Schleicher, Shannon Hartman, Stasys Petravicious, Janet Yamamoto, John Lewin, Sharon Yarber, Dana Ireland, Kathy Millea, Kimberly Mueller, Scott Peeotter, and Stephanie Hawner. Mayor Pro Tem Alegria moved to extend the meeting to 11:00 P.M. Without objection, Mayor Cruikshank so ordered. Discussion ensued among Council Members and questions were asked of City Attorney. Discussion ensued among Council Members. Councilmember Bradley moved, seconded by Mayor Pro Tem Alegria, to approve Staff recommendations as amended: Directed Staff to remove 16,18, and 19 from the current list from the Housing Sites Inventory and develop a draft new Housing Plan and send it to HCD for judication. Discussion ensued among Council Members and Questions were asked of City Attorney Gerli. passed on the following motion pa roll call vote: AYES: Bradley, Ferraro, Seo, Alegria, and Mayor Cruikshank City Council Regular Minutes September 3, 2024 Page 7 of 9 NOES: None 4. Consideration and possible action to provide direction on a Citywide Electric Bicycle (E-Bike) ordinance. (Casil) City Clerk Takaoka reported that late correspondence was distributed and there were no requests to speak. Mayor Pro Tern Alegria deferred staff report, without objection it was so ordered. Discussion ensued among Council Members and questions were asked of Captain Guerrero. Discussion ensued among Council Members. Councilmember Bradley moved, seconded by Mayor Pro Tern Alegria, to approve Staff recommendations as follows: 1) Received and filed a status report on the development of a Citywide E-Bike ordinance; and, 2) Directed Staff to return with a draft Citywide E-Bike ordinance, with review and input from the City's Traffic Safety Committee and Youth Advisory Committee, for future Council consideration. 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 receive a first quarter status report on Fiscal Year (FY) 2024-25 City Council Goals. (Jun) Mayor Pro Tern Alegria moved, seconded by Councilmember Ferraro, to continue the item to the September 17 City Council Meeting. Without objection, this was so ordered. 6. Consideration and possible action to receive a report on the installation of a Southern California Edison (SCE) temporary power pole at the Ladera Linda Community Center. (Jun) This item was removed from the agenda. CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER: None. I City Council Regular Minutes September 3, 2024 Page 8 of 9 0 FUTURE AGENDA ITEMS: None. CITY COUNCIL ORAL REPORTS: None. ADJOURNMENT: At 10:50 P.M., Mayor Cruikshank adjourned to September 17, 2024, fora Closed Session meeting followed by a 7:00 P.M. Regular meeting. A Joht ruikshank, Mayor Attest: /Li / '_�_�.a - (>fere .a aoka, City Clerk o I City Council Regular Minutes September 3, 2024 Page 9 of 9