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CC DM 20240903 A - 20240820 DRAFT CC MINSDRAFT MINUTES REGULAR MEETING OF THE RANCHO PALOS VERDES CITY COUNCIL AUGUST 20, 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 6:05 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: Ferraro, Alegria, and Mayor Cruikshank ABSENT: Bradley and Seo *(excused absence) Also present were Ara Mihranian, City Manager and Catherine Jun, Deputy City Manager. PUBLIC COMMENTS FOR CLOSED SESSION: 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 DRAFT- City Council Regular Minutes August 20, 2024 Page 2 of 8 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 6:05 P.M. the Council recessed to Closed Session. RECONVENE TO REGULAR MEETING: At 7:04 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 7:04 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, Alegria, and Mayor Cruikshank ABSENT: Bradley and Seo 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; Daniel Trautner, Director of Recreation and Parks; Brandy Forbes, Director of Community Development; Robert Nemeth, Senior Planner; Enyssa Sisson, Deputy City Clerk; and Teresa Takaoka, City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tem Alegria. CLOSED SESSION REPORT: City Attorney stated that there were two items on Closed Session, both items were discussed and no reportable action was taken on either item. MAYOR’S ANNOUNCEMENTS: Mayor Cruikshank and the entire City Council recognized September as Childhood Cancer Awareness Month. Mayor Cruikshank recognized Mayor Takashi Hanatsuka and the delegates of sister city, Sakura City, Japan who participated in a virtual exchange. Mayor Cruikshank shared that the City of Rancho Palos Verdes and Sakura City, Japan celebrated their fourth anniversary on August 4 and shared a video to commemorate the celebration. DRAFT- City Council Regular Minutes August 20, 2024 Page 3 of 8 RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Cruikshank, by order of affirmation, noted the Recycle Winners for August 6, 2024, were Laurie Gray and Patrick Ford. 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 Ferraro, to approve the agenda as presented. The motion passed on the following roll call vote: AYES: Ferraro, Alegria, and Mayor Cruikshank NOES: Bradley and Seo 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: Fahmeh Rezayat. CITY MANAGER REPORT City Manager Mihranian provided updates on the following: Get notifications about nearby earthquakes with MyShake App; Get Land movement updates: rpvca.gov/landmovement; Palos Verdes action plan: lacsd.org/rpv; Summer Concert in the park at Ken Dyda Civic Center on August 24 at 4:00 – 6:00 P.M.; Become a Docent, Open house first Wednesday of September at 7:00 P.M.; City Hall Open House on September 5 at 2:00- 6:00 P.M.; Candidate Forum Information on September 4 and 18 at Hesse Park at 7:00 -9:00 P.M.; Run for Myles at Point Vicente Lighthouse on September 28; Welcome back to school; City Hall Closed on Labor Day, September 2; and Happy Labor Day. CONSENT CALENDAR: 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, Alegria and Mayor Cruikshank NOES: None ABSENT: Bradley and Seo DRAFT- City Council Regular Minutes August 20, 2024 Page 4 of 8 A. Approval of Minutes (Sisson) Approved the Minutes of August 6, 2024 (Regular Meeting). B. Registers of Demands (Mata) 1) Adopted Resolution No. 2024-53, 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 a purchase order for $74,300 with Southern California News Group (SCNG) for Citywide advertising. (Loya) Approved the Fiscal Year (FY) 2024-25 purchase order with SCNG for an amount not to exceed $74,300 for Citywide advertising. D. 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 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) Direct the City Clerk to confirm the same in the minutes of this City Council meeting, via Minute Order, reflecting this action. E. Consideration and possible action to adopt the South Bay Cities Council of Governments Good Neighbor Pledge relating to addressing homelessness in the South Bay region. (Jun) 1) Approved the South Bay Cities Council of Governments (SBCCOG) Good Neighbor Pledge; 2) Authorized the Mayor to sign the Pledge on the City Council’s behalf and participate in a signing ceremony hosted by the SBCCOG; and, 3) Directed staff to ensure all appropriate stakeholders including City Staff and the Los Angeles County Sheriff’s Department are made fully aware of all resources that are available to individuals experiencing homelessness in order to make them more easily accessible. F. Consideration and possible action to award a professional services agreement to Bucknam Infrastructure Group, Inc., for the City’s 2025 Roadway Asset Management Program Triennial Update. (Sunwoo) 1) Awarded a professional services agreement to Bucknam Infrastructure Group, Inc. for engineering services for the City’s 2025 Roadway Asset Management Program Triennial Update, in the not to exceed amount of $224,600 with a 15% contingency of $33,700 for a sum of $258,300; 2) Authorized the Mayor to execute the agreement in a form approved by the City Attorney; and, 3) Approved an DRAFT- City Council Regular Minutes August 20, 2024 Page 5 of 8 additional appropriation of $63,300 from the SB -1 Fund for the Roadway Asset Management Program engineering services. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: None. PUBLIC HEARINGS: 1. Consideration and possible action to consider an appeal of the Planning Commission’s decision to approve a View Restoration Permit at 29624 S. Trotwood Drive (Case No. PLVR2022-0010). (Nemeth) City Clerk Takaoka reported that the notice of the public hearing was duly published , late correspondence was distributed, and there were two requests to speak. Mayor Cruikshank declared the public hearing open. Director of Community Development Forbes introduced Senior Planner Nemeth who provided a staff report and PowerPoint presentation. Discussion ensued among Council Members and questions were asked of Staff. The following appellant addressed the City Council: Tracy Wells. The following applicants addressed the City Council: Frank and Caroline Albert and Jennifer Misetich. The following members of the public addressed the City Council: Alicia MacGowan and Ryan MacGowan. Questions were asked of Staff and City Attorney. The following appellant addressed rebuttal comments: Tracy Wells. The following applicant addressed rebuttal comments: Frank and Caroline Albert. Mayor Cruikshank declared the public hearing closed. Discussion ensued among Council Members. Mayor Pro Tem Alegria moved, seconded by Councilmember Ferraro, to approve Staff recommendations as follows: Adopted Resolution No. 2024-54, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING AN APPEAL, THEREBY UPHOLDING THE PLANNING COMMISSION’S DECISION BY CONDITIONALLY APPROVING, WITH AMENDED CONDITIONS OF APPROVAL, A VIEW RESTORATION PERMIT REQUIRING THE APPELLANT AT 29624 S. TROTWOOD DRIVE TO CROWN REDUCE A TOTAL OF 11 TREES TO THE HEIGHT LEVEL DEPICTED IN ATTACHMENT NO. 3D, WITH THE OPTION TO DRAFT- City Council Regular Minutes August 20, 2024 Page 6 of 8 REMOVE AND REPLACE SPECIFIC TREES, AS DESCRIBED IN CONDITION OF APPROVAL NOS. 3 TO 5, AND THE REMOVAL AND REPLACEMENT OF ONE PINE TREE ON THE PROPERTY LOCATED AT 2133 W. GENERAL STREET, AND THE REMOVAL AND REPLACEMENT OF ONE PALM TREE LOCATED AT 29623 S. TROTWOOD DRIVE IN ORDER TO RESTORE THE APPLICANTS’ VIEWS FROM 29642 N. ENROSE AVE., 29648 N. ENROSE AVE., AND 29636 N. ENROSE AVE. (CASE NO. PLVR 2022-0010). The motion passed on the following roll call vote: AYES: Bradley, Ferraro, Seo, Alegria and Mayor Cruikshank NOES: None REGULAR BUSINESS: 2. Consideration and possible action to receive an update report on the Portuguese Bend Landslide and Emergency Hydraugers Project and a 10 -day report on the proposed extension of the Interim Urgency Ordinance. (Awwad) City Clerk Takaoka reported that late correspondence was distributed and there were four requests to speak. City Manager Mihranian provided a brief overview and introduced the Director of Public Works Ramzi Awwad, who introduced the City's Geologist Mike Phipps, Cotton Shires and Associates. City Geologist Phipps presented a comprehensive report and PowerPoint presentation regarding the landslide's progression. Discussion ensued among Council Members and questions were asked of City’s Geologist Phipps. Director of Community Development Forbes presented a summary report and PowerPoint presentation on a ten-day report to consider extending the Urgency Ordinance at the September 3 City Council meeting. Director of Public Works Awwad finished the remainder of the staff report and PowerPoint Presentation. Discussion ensued among Council Members and questions were asked of Staff and Chief Executive Officer Gary Lass, Geo-Logic Associates. The following members of the public addressed the City Council: Jeff Bassler, Nikki Noushkam, and Sheri Hastings. The following member of the public left a pre-recorded voicemail: Eva Albuja. Discussion ensued among Council Members. DRAFT- City Council Regular Minutes August 20, 2024 Page 7 of 8 Mayor Pro Tem Alegria moved, seconded by Mayor Cruikshank, to approve Staff recommendations as amended:1) Received and filed an update on the Portuguese Bend Landslide Complex and the Emergency Hydraugers Project; 2) Authorized Staff to expand the scope of the Portuguese Bend Landslide Emergency Hydraugers project to the Greater Portuguese Bend Landslide Complex/Ancient Altamira Landslide Complex inclusive of the Abalone Cove, Portuguese Bend, Klondike Canyon, and Beach Club Landslides, and return with professional services agreements to implement the expanded scope; 3) Directed Staff to provide in-kind services to the Abalone Cove Landslide Abatement District (ACLAD) and Klondike Canyon Landslide Abatement District (KCLAD) to include the Abalone Cove and the Klondike Canyon Landslides as part of a unified and coordinated strategy to manage the Greater Portuguese Bend/Ancient Altamira Landslide Complex; 4) Directed Staff to consider new alternatives, in addition to hydraugers, for managing the Greater Portuguese Bend Landslide Complex/Ancient Altamira Landslide Complex based on recent data collected from test boreholes; 5) Ratified the Right of Access Agreement between the City and the Portuguese Beach Club Homeowners Association (PBCHOA) to allow access via PBCHOA-owned property for test boreholes associated with the Portuguese Bend Landslide Emergency Hydraugers Project; and, 6) Received and filed the “10-day report” that is required to be issued 10 days prior to the expiration or extension of an interim urgency ordinance pursuant to California Government Code § 65858(d); 7) Directed Staff to provide 60-day financial reports on the landslide emergency; 8) Directed Staff to provide clear estimated timeline of remediation efforts; 9) Directed Staff to explore what temporary housing options may be available at the County or State level for residents displaced by land movement; 10) Directed Staff to continue aggressively seeking assistance responding to the land movement from higher levels of government and additional agencies. The motion passed on the following roll call vote: AYES: Ferraro, Alegria, and Mayor Cruikshank NOES: None ABSENT: Bradley and Seo 3. Consideration and possible 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 two requests to speak. Dr. Devin Serrano, Superintendent PVPUSD provided a staff report and PowerPoint presentation. Discussion ensued among Council Members and questions were asked of Dr. Devin Serrano and Dr. Sara Deen. The following members of the public addressed the City Council: Jennifer Jordan and Elliot Levy. Discussion ensued among Council Members. DRAFT- City Council Regular Minutes August 20, 2024 Page 8 of 8 City Attorney Gerli advised the City Council that the matter would have to be continued when there is a majority of the governing body in attendance not just a quorum in order to adopt a resolution. Mayor Pro Tem Alegria moved, seconded by Councilmember Ferraro, to continue the item to the September 3 City Council Meeting. The motion passed on the following roll call vote: AYES: Ferraro and Alegria NOES: Mayor Cruikshank ABSENT: Bradley and Seo CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER: None. FUTURE AGENDA ITEMS: None. CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. ADJOURNMENT: At 10:30 P.M., Mayor Cruikshank adjourned to September 3, 2024, for a Closed Session meeting followed by a 7:00 P.M. Regular meeting. _______________________________ John Cruikshank, Mayor Attest: __________________________ Teresa Takaoka, City Clerk