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CC MINS 20241119 MINUTES REGULAR MEETING OF THE RANCHO PALOS VERDES CITY COUNCIL NOVEMBER 19, 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 6:00 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: Seo, Alegria, and Mayor Cruikshank ABSENT: Bradley*(excused in Fireside Room) and Ferraro *(excused in Fireside Room) Also present were Ara Mihranian, City Manager; Catherine Jun, Deputy City Manager; Ramzi Awwad, Director of Public Works; Brandy Forbes, Director of Community Development; and William Wynder, City Attorney. PUBLIC COMMENTS FOR CLOSED SESSION: None. CLOSED SESSION ITEM(S) ANNOUNCED: City Attorney Wynder announced the items to be discussed in Closed Session. 1. CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION 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 111 9589071052700684926457, settlement offer R4-2024-0018; Claim 9589071052700684926242, settlement offer R4-2024-0012. 2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION A closed session will be held, pursuant to Government Code § 54956.9(b)(1) & (3)(B) because there is a significant exposure to litigation in four (4) cases involving claims by Maribel Duenas, Eulogio Duenas, Ana M. Duenas and The Duenas Family Trust, which claims are available for public inspection and copying with the Office of the City Clerk. 3. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION A closed session will be held pursuant to Government Code § 54956.9(e) because the City is considering whether to initiate litigation in one (1) case At 6:02 P.M. the Council recessed to Closed Session. *Councilmember Ferraro and Councilmember Bradley joined the Closed Session meeting in the Fireside Room at 6:02 P.M. RECONVENE TO REGULAR MEETING: At 7:02 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 7:02 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; William Wynder, City Attorney; Catherine Jun, Deputy City Manager; Vina Ramos, Director of Finance; Ramzi Awwad, Director of Public Works; Brandy Forbes, Director of Community Development; Director of Recreation and Parks, Daniel Trautner; Matt Waters, Senior Administrative Analyst; Enyssa Sisson, Deputy City Clerk; and Teresa Takaoka, City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Deputy City Clerk Sisson. City Council Regular Minutes November 19, 2024 Page 2 of 8 CLOSED SESSION REPORT: City Attorney stated that there were three items on Closed Session. Item one, involved claims by the regional water board. The authority to meet in Closed Session was Government Code § 54956.9(c), (d)(2), and (e)(2). There was a preliminary question and answer session, but this item has been deferred to the December 17 City Council meeting, in anticipation of further detailed information and a response from the regional board. Item 2, City Council met in Closed Session pursuant to Government Code § 54956.9(b)(1) & (3)(B), regarding significant exposure litigation involving claims by individual members of the Duenas Family and The Duenas Family Trust. There was a privileged and confidential briefing on a litigation avoidance strategy and the Council unanimously provided staff with direction subject to confirming certain additional information which will be returned for a final council action at a future date. Item 3, City Council met in Closed Session pursuant to Government Code § 54956.9(e), because the City is considering whether to initiate litigation. The City Council unanimously authorized the abatement of a public nuisance and the placement of a lien on the property to recoup the cost of such abatement. It is to be noted that all five members of the City Council participated in these Closed Session discussions. MAYOR'S ANNOUNCEMENTS: Mayor Cruikshank and the City Council presented a proclamation for November as Lung Cancer Awareness Month. Mayor Cruikshank and the City Council recognized and presented a certificate to the Mend the Bend volunteers and businesses who assisted with providing meals to affected residents in the landslide areas. Mayor Cruikshank announced Thanksgiving Dinners will be provided to the affected landslide residents. If you are interested in the dinner, advanced registration is required by November 25 at 5:30 p.m., and volunteers are needed. Captain Kimberly Guerrero of the Lomita Sheriffs Station joined the meeting at 7:08 p.m. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Cruikshank, by order of affirmation, noted the Recycle Winners for November 6, 2024, were Anthony Declue and Karen Hogue. 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 Bradley, to approve the agenda as presented. The motion passed on the following roll call vote: AYES: Bradley, Ferraro, Seo, Alegria, and Mayor Cruikshank City Council Regular Minutes November 19, 2024 Page 3 of 8 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: Carol Mueller. CITY MANAGER REPORT City Manager Mihranian provided updates on the following: Introduced new Deputy Director of Finance, Robert Moya; Voluntary Property Buyout Program Update; Decline- in-Value review applications due on November 30; To file a police report online with the Sheriffs Department, go to: lasd.org/sorts; Friendly reminder, the use of gas-powered leaf blowers are prohibited in the City's residential neighborhoods; Western Avenue Storefront Improvement Program applications due December 1; Tree Lighting Ceremony at Ken Dyda Civic Center on December 6 at 5:30 P.M.- 9:30 P.M.; City of Rolling Hills Estates Peninsula Parade of Lights on December 7 at 6:00 P.M.; Santa is coming to RPV on December 13, 18,19,and 20; Lomita Sheriff's Holiday Toy Drive; December 3 City Council Meeting Canceled; City Hall will be closed November 28-29; and wished everyone a Happy Thanksgiving. CONSENT CALENDAR: Mayor Pro Tem Alegria moved, seconded by Councilmember Ferraro, to approve the Consent Calendar as presented with the exception of Item E. 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 November 6, 2024 (Regular Meeting). B. Registers of Demands (Math) Adopted Resolution No. 2024-69, 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 the annual Business License Tax (BLT) for calendar year 2025. (Ramos) 1) Affirmed continuing the BLT rates without applying an increase of 2.8% based on the annual Consumer Price Index (CPI) as of September 2024; 2)Affirmed continuing City Council Regular Minutes November 19, 2024 Page 4 of 8 the BLT for home occupancy businesses at zero ($0); and 3) Affirmed continuing the Small Business Financial Assistance Program. D. Consideration and possible action regarding a claim against the City by Maureen Lang. (Sisson) Rejected the claim, and directed Staff to notify the claimant, Maureen Lang E. Consideration and possible action to adopt Ordinance No. 689 establishing a Citywide Electric Bicycle (E-Bike) Ordinance. (Casil) This item was removed for separate consideration. F. Consideration and possible action to reconfirm continuing the emergency justification for work and emergency contract for the Greater Portuguese Bend- Ancient Altamira Landslide Emergency Project. (Copp) 1) Reconfirmed, by a four-fifths vote, there is a need to continue the work on the Deep Vertical Dewatering Emergency Project declared by Council-adopted Resolution No. 2024-20 on May 7, 2024, finding an emergency exists requiring immediate action in the Greater Portuguese Bend-Ancient Altamira Landslide Complex 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. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: E. Consideration and possible action to adopt Ordinance No. 689 establishing a Citywide Electric Bicycle (E-Bike) Ordinance. (Casil) City Clerk Takaoka reported there was one request to speak. The following members of the public addressed the City Council: Larry Maizlish. Discussion ensued among Council Members. Questions were asked of Captain Guerrero. Mayor Pro Tem Alegria moved, seconded by Councilmember Bradley, to approve Staff Recommendations as follows: Adopted Ordinance No. 689, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, REPEALING AND REPLACING RANCHO PALOS VERDES MUNICIPAL CODE SECTION 12.16.020 (MOTOR VEHICLES AND ELECTRIC BICYCLES IN PARKS, PRESERVES, AND RECREATIONAL FACILITIES REGULATED) AND ADDING SECTION 12.16.180 (OPERATION OF ELECTRIC BICYCLES ON STREETS AND SIDEWALKS) TO REGULATE THE USE OF ELECTRIC BICYCLES. City Council Regular Minutes November 19, 2024 Page 5 of 8 The motion passed on the following roll call vote: AYES: Bradley, Ferraro, Seo, Alegria, and Mayor Cruikshank NOES: None PUBLIC HEARINGS: None. REGULAR BUSINESS: 1. Consideration and possible action on the Greater Portuguese Bend-Ancient Altamira Landslide Complex. (Awwad) City Clerk Takaoka reported that there were three requests to speak. City Manager Mihranian provided a brief overview and introduced the Director of Public Works Awwad for an update, and who introduced the City's Geologist Mike Phipps of 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 Staff and William McCormick, Geo-Logic Associate Consultant. Director of Public Works Awwad introduced the Director of Community Development to present a Staff Report and PowerPoint presentation on FEMA Hazard Mitigation Grant Program. Discussion ensued among Council Members and questions were asked of Staff. Director of Finance Ramos presented a Staff Report and PowerPoint presentation on PB Landslide Expenditures. Discussion ensued among Council Members and questions were asked of Staff. The following members of the public addressed the City Council: Jeff Bassler, Eva Albuja, and Michael Seidner. Discussion ensued among Council Members and questions were asked of Staff. Councilmember Bradley moved, seconded by Councilmember Ferraro to approve Staff recommendations as follows: 1) Received and filed an update on current activities and conditions in the Greater Portuguese Bend-Ancient Altamira Landslide Complex; 2) Received and filed an update on FEMA's Voluntary Property Acquisition Buyout Program; 3) Received and filed an update on City expenditures for emergency protective and stabilization measures in response to the acceleration of City Council Regular Minutes November 19, 2024 Page 6 of 8 the Greater Portuguese Bend-Ancient Altamira Landslide Complex; 4) Adopted Resolution No. 2024-70, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, CONTINUING THE LOCAL EMERGENCY DECLARATION AS ESTABLISHED BY RESOLUTION NO. 2023-47 ADOPTED ON OCTOBER 3, 2023 FOR AN ADDITIONAL 60 DAY PERIOD; and, 5) Adopted Resolution No. 2024-71, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, TO EXTEND THE STATE OF LOCAL EMERGENCY WITHIN THE GEOGRAPHIC BOUNDARIES OF THE PORTUGUESE BEND COMMUNITY ASSOCIATION, PORTUGUESE BEND BEACH CLUB, AND SEAVIEW NEIGHBORHOOD, BASED ON SUDDEN ENERGY SHORTAGES, PLANNED DEENERGIZING EVENTS, AND INTERNET SERVICE SHUT OFFS, AS ESTABLISHED BY RESOLUTIONS NOS. 2024-52 AND 2024-57, FOR AN ADDITIONAL 60 DAYS. The motion passed on the following roll call vote: AYES: Bradley, Ferraro, Seo, Alegria, and Mayor Cruikshank NOES: None Mayor Cruikshank called for a brief recess at 9:07. Without objection, it was so ordered. The meeting was reconvened at 9:22 P.M 2. Consideration and possible action to receive an update report on various City projects along the Western Avenue Commercial Corridor. (Casil/Hevener/Garrett) City Clerk Takaoka reported that there were no requests to speak. Director of Community Development Forbes provided a staff report and PowerPoint presentation on the Storefront improvement project and introduced Director of Public Works Awaad for a Traffic Flow Improvement Project and Beautification update. Discussion ensued among Council Members and questions were asked of Staff. Director of Public Works Awaad finished the remainder of the presentation. Discussion ensued among Council Members and questions were asked of Staff. Discussion ensued among Council Members. Mayor Pro Tern Alegria, seconded by Mayor Cruikshank, to approve Staff recommendations as follows: 1) Received and filed an update on the Western Avenue Storefront Commercial Improvement Program, Western Avenue Commercial Corridor Traffic Flow Improvement Project, and Western Avenue Beautification Project; 2) Awarded a professional services agreement to Iteris, Inc. (Iteris) in the amount of $508,820 with a 15% contingency of $76,323 for a total cost of $585,143; for final engineering, construction bidding, construction support, and associated services to implement the Western Avenue Traffic Flow Improvements Project; 3) Approved Amendment No. 1 to the professional services agreement with Nuvis Landscape City Council Regular Minutes November 19, 2024 Page 7 of 8 Architecture, Inc. (Nuvis) to finalize the plans, specifications, and estimates for the Western Avenue Beautification Project; increasing the amount of the agreement by $45,025 from $183,818 to $228,843 and extending the term by two years; and, 4) Authorized the Mayor and City Clerk to execute the Agreement and Amendment, in a form approved by the City Attorney. The motion passed on the following roll call vote: AYES: Bradley, Ferraro, Seo, Alegria, and Mayor Cruikshank NOES: None 3. Consideration and possible action to receive a status update on efforts to potentially acquire two United States Coast Guard properties in Rancho Palos Verdes. (Waters) Senior Analyst Waters provided a staff report and PowerPoint presentation. Discussion ensued among Council Members and questions were asked of Staff. Councilmember Bradley, seconded by Mayor Pro Tem Alegria, to approve Staff recommendations as follows: 1) Received and filed a status update on efforts to potentially acquire two United States Coast Guard properties in Rancho Palos Verdes; and, 2) Directed staff to continue its efforts to explore the potential acquisition of one or both properties in coordination with the United States Coast Guard and Federal Legislators. 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 10:05 P.M., Mayor Cruikshank adjourned to December 3, 2024, for a Closed Session meeting followed by a 7:00 P.M. Regular meetin•. -40/Pr ? figh I 1116' —.4111W Mayor Attest: er a akaoka, City�,lerk City Council Regular Minutes November 19, 2024 Page 8 of 8