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CC DM 20230418 A - 20230404 CC MINS_IA Meeting DRAFTDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL AND IMPROVEMENT AUTHORITY REGULAR MEETING APRIL 4, 2023 CALL TO ORDER: A Regular Meeting of the Rancho Palos Verdes City Council and the Improvement Authority for the purpose of a Closed Session was called to order by Mayor Pro Tem Cruikshank at 6:05 P.M. at Fred Hesse Community Park, McTaggart Hall, 29301 Hawthorne Boulevard. This meeting took place remotely in accordance with the requirements of the Ralph M. Brown Act, Section 54950 et seq. of the Government Code. Remote participation by any Councilmember shall be in accordance with Subdivisions (b)(3) or (f) of 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: Alegria, Seo, and Mayor Pro Tem Cruikshank ABSENT: Bradley* (excused, will participate via Zoom in Fireside Room), and Mayor Ferraro** (excused, in Fireside Room) Also present were Ara Mihranian, City Manager; Karina Bañales, Deputy City Manager; Julie DeZiel, Human Resources Manager; Trang Nguyen, Finance Director; Colin Tanner, Deputy City Attorney for Labor and Employment; William Wynder, City Attorney; and Teresa Takaoka, City Clerk. PUBLIC COMMENTS FOR CLOSED SESSION: City Clerk Takaoka noted that there were three requests to speak. The following members of the public addressed the City Council on Closed Session Item 4: Evan Sichan; Quentin Thelen; and Rick Fox. CLOSED SESSION ITEM(S) ANNOUNCED: City Attorney Wynder announced the item to be discussed in Closed Session. 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION A closed session will be held, pursuant to Government Code § 54956.9(d)(1), to confer with legal counsel regarding pending litigation to which the City is a party. The title of such litigation is as follows: LIMETREE ESTATES LLC, vs. CITY OF RANCHO PALOS VERDES; United States District Court, Central District of California, Case No. 2:23-cv-01420-SVW (PVCx). 2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION DRAFT City Council Minutes April 4, 2023 Page 2 of 9 A closed session will be held, pursuant to Government Code § 54956.9(d)(1), to confer with legal counsel regarding pending litigation to which the City is a party. The title of such litigation is as follows: CONJUNCTION JUNCTION, LLC vs. ASHLEY E ELLISON, AS TRUSTEE OF THE PORTER TRUST, Los Angeles County Superior Court Case No. 21STCV34889. 3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION A closed session will be held, pursuant to Government Code § 54956.9(d)(1), to confer with legal counsel regarding pending litigation to which the City is a party. The title of such litigation is as follows: CONJUNCTION JUNCTION, LLC vs. CITY OF RANCHO PALOS VERDES & UNITED STATES POSTAL SERVICE; United States District Court, Central District of California Case No. 2:22-cv-07688 JAK (JPRx) 4. CONFERENCE WITH LABOR NEGOTIATOR A closed session will be held, pursuant to Government Code § 54957.6, with the City Manager, Deputy City Manager, and City Attorney, acting as its negotiators regarding labor negotiations with the American Federation of State, County, and Municipal Employees District Council 36 (AFSCME DC36). At 6:15 P.M., the Council recessed to Closed Session. **At 6:15 P.M. Mayor Ferraro joined Closed Session in the Fireside Room. *At 6:15 P.M. Councilmember Bradley joined Closed Session virtually via Zoom in the Fireside Room. RECONVENE TO REGULAR MEETING: At 7:17 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 of the Improvement Authority was called to order by Mayor Ferraro at 7:17 P.M. at Fred Hesse 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: Alegria, Bradley* (via Zoom), Cruikshank, Seo, and Mayor Ferraro ABSENT: None DRAFT City Council Minutes April 4, 2023 Page 3 of 9 Also present were Ara Mihranian, City Manager; Karina Bañales, Deputy City Manager; William Wynder, City Attorney; Trang Nguyen, Director of Finance; Cory Linder, Director of Recreation and Parks; Ramzi Awwad, Public Works Director;; and Teresa Takaoka, City Clerk. Also present was Sergeant Tina McCoy from the Lomita Sheriff ’s Station. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by the Whale of a Day poster contest winners. CLOSED SESSION REPORT: City Attorney Wynder reported that the City Council met in Closed Session pursuant to Government Code § 54957.6 to discuss ongoing labor negotiations with American Federation of State, County, and Municipal Employees District Council 36 (AFSCME DC36). All five members of the Council participated in Closed Session. The City Council was presented with a privileged and confidential briefing by the City’s labor negotiating team. Questions were asked and answered, and additional negotiating authority was unanimously approved by the Council and direction was given to the negotiating team. City Attorney Wynder reported that the other remaining Closed Session items will be continued to a future meeting. MAYOR’S ANNOUNCEMENTS: Mayor Ferraro announced the honorable mentions and winner of the Whale of A Day poster contest. Mayor Ferraro shared that the Whale of a Day Festival will take place on April 15, 2023 at the Point Vicente Interpretive Center. Mayor Ferraro recognized the following outgoing Advisory Board Members for their service to the City: John A. MacAllister, Finance Advisory Committee; Donald Seal, Finance Advisory Committee; Lowell R. Wedemeyer, Infrastructure Management Advisory Committee; Tina F. Vargas, Infrastructure Management Advisory Committee; Bryant Tam, Infrastructure Management Advisory Committee; Emily Colville, Emergency Preparedness Committee; Martin B. Fox, Traffic Safety Committee; and, Jennifer Boudreau, Emergency Preparedness Committee. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Ferraro announced the Recycle Winners for the March 21, 2023 City Council meeting: R.F. Ramirez and Grace Kanado. She indicated that all winners receive a check for $250 and urged everyone to participate in the City’s Recycling Program. She noted that in addition to winning the Recycler Drawing, the two individuals also won a personal emergency preparedness kit from the City valued at $40. DRAFT City Council Minutes April 4, 2023 Page 4 of 9 APPROVAL OF THE AGENDA: Mayor Pro Tem Cruikshank moved, seconded by Councilmember Alegria, to approve the agenda as presented. The motion passed on the following roll call vote: AYES: Alegria, Bradley, Cruikshank, Seo, and Mayor Ferraro NOES: None PUBLIC COMMENTS FOR NON-AGENDA ITEMS: None. CITY MANAGER REPORT: City Manager Mihranian provided updates on the following: Portuguese Bend Landslide Remediation Project Draft EIR comments are due by April 14; EDCO Spring Brush Clearing event each consecutive Saturday from April 8 – May 6; AARP Tax-Aide will provide free tax preparation assistance to low to moderate income taxpayers at Hesse Park Community Center each Friday from 9:00 A.M. – 2:30 P.M. through May 12; Upcoming Annual Budget Workshop on April 6; Upcoming Capital Improvement Program Budget Workshop on April 12; Whale of a Day Festival will take place on April 15, 2023 at the Point Vicente Interpretive Center from 10:00 A.M. – 4:00 P.M.; and, wished all who celebrate a Happy Easter and a Happy Passover. Frontier Communications Vice-President of External Affairs Doug McAllister shared a presentation on its fiber optic and micro-trenching project. Council Members asked questions of Mr. McAllister. CONSENT CALENDAR: Mayor Pro Tem Cruikshank moved, seconded by Councilmember Alegria, to approve the Consent Calendar as presented. The motion passed on the following roll call vote: AYES: Alegria, Bradley, Cruikshank, Seo, and Mayor Ferraro NOES: None This includes, by a four/fifths vote, the need to continue the emergency repair work as called out in Consent Calendar Item D - Consideration and possible action to reconfirm continuing emergency repair work for the storm sewer drainpipe and roadway at Hawthorne Boulevard near Seamount Drive/Eddinghill Drive. A. Approval of Minutes (Zweizig) DRAFT City Council Minutes April 4, 2023 Page 5 of 9 Approved the Minutes of March 15 (Goals Workshop) and March 21, 2023, Regular Meeting. B. Registers of Demands (Mata) 1) Adopted Resolution No. 2023-12, 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 2023-03, 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 a claim against the City by Jae Martin. Rejected the claim and directed Staff to notify the claimant, Jae Martin. D. Consideration and possible action to reconfirm continuing emergency repair work for the storm sewer drainpipe and roadway at Hawthorne Boulevard near Seamount Drive/Eddinghill Drive. (Dragoo) 1) Reaffirmed, by a four-fifths vote, there is a need to continue the emergency repair work identified by Council-adopted Resolution No. 2023-07 on February 21, 2023, finding an emergency exists requiring immediate repairs to the storm sewer drainpipe and roadway at Hawthorne Boulevard near Seamount Drive/Eddinghill Drive; and; 2) Directed the City Clerk to affirm the same in the minutes of this City Council meeting, via Minute Order, reflecting this action. E. Consideration and possible action to receive a status report on the City’s Roadway Asset Management Program. (Lo) Received and filed a status report on the City’s Roadway Asset Management Program. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: None. PUBLIC HEARINGS: None. DRAFT City Council Minutes April 4, 2023 Page 6 of 9 REGULAR BUSINESS: 1. Consideration and possible action to receive a report from Southern California Edison (SCE) regarding frequent power outages in the Grandview Estates neighborhood. (Bañales) (30 mins) City Clerk Takaoka noted that late correspondence was distributed, and there w ere thirteen requests to speak. Deputy City Manager Bañales presented a staff report and PowerPoint Presentation. Deputy City Manager Bañales introduced Southern California Edison (SCE) Principal Manager of Government Relations and Local Public Affairs Rudy Gonzales, who shared a PowerPoint Presentation. Southern California Edison (SCE) Principal Manager of Government Relations and Local Public Affairs Rudy Gonzales introduced the following Southern California Edison (SCE) Staff that assisted with the PowerPoint Presentation and were available for questions: Rudy Gonzales, Principal Manager; Local Public Affairs, Robert Brambila; District Manager, Ajay Singh; Operations Supervisor, Jae Lee; Scheduling Supervisor, Joe Baca; Engineering Manager, Yosief Gebregiorgis; Field Engineer; and Luis Lara, Senior Specialist Outage Communications . Council Members asked questions of City and Southern California Edison (SCE) Staff. The following members of the public addressed the City Council: Tony Dahlerbruch; Carol Mueller; Pamela Chapman; Dennis Thieret; Thomas Wingard; Bill Waung; Ernest Giannioses; Joseph Fares; and Yufeng Long (Zoom). Discussion ensued among Council Members. Councilmember Seo moved, seconded by Councilmember Alegria, to approve Staff recommendation as follows: 1) Received a report from Southern California Edison (SCE) regarding the reason behind the ongoing power outages in the Grandview Estates neighborhood; and, 2) Requested SCE return on June 6, 2023 to present the City Council with a short-term and long-term action plan and timeline for correcting the power outage issue in the Grandview Estates neighborhood. The motion passed on the following roll call vote: AYES: Alegria, Bradley, Cruikshank, Seo, and Mayor Ferraro NOES: None Mayor Ferraro called for a brief recess at 9:57 P.M. Without objection, Mayor Ferraro so ordered. The meeting was reconvened at 10:11 P.M. DRAFT City Council Minutes April 4, 2023 Page 7 of 9 2. Consideration and possible action to review the proposed draft City Council Goals for FY 2023-24. (Bañales) City Clerk Takaoka noted that there were two requests to speak. Deputy City Manager Bañales presented a staff report and PowerPoint Presentation. The following members of the public addressed the City Council: Cory Cordova and Quentin Thelen. Mayor Pro Tem Cruikshank moved to extend the meeting to 10:50 P.M. Without objection, Mayor Ferraro so ordered. Discussion ensued among Council Members and Staff. Council Members provided the following direction on the City Council Goals and Projects for FY 2023-24 below: 1) Goal: Public Safety, Project 2: Implement Strategies Enhancing Resident Readiness and Response During an Emergency; Council Members provided direction to consolidate the tasks within the project. 2) Goal: Infrastructure, Project 4: Establish a Citywide Speed Mitigation Plan, and Project 7: Prepare a Financial Plan for Abalone Cove Annual Sewer Rates; Council Members provided direction to remove Projects 4 and 7 from the City Council Goals for FY 2023-24 and defer these projects to a subsequent year. 3) Goal: Quality of Life, Project 5: Complete Streetscape Beautification Master Plan; Council Members provided direction to focus on Western Avenue and defer the Master Plan to the following year. Councilmember Alegria moved, seconded by Councilmember Seo, to approve Staff recommendation as follows: 1) Reviewed the proposed draft City Council Goals for FY 2023-24, formatted in a Gantt chart with milestones and tasks supporting each project, based on feedback provided at the March 15 City Council Goals workshop; 2) Prioritized projects for FY 2023-24; and, 3) Directed Staff to return with the final draft of the FY 2023-24 City Council Goals for approval at the June 20, 2023 meeting. The motion passed on the following roll call vote: AYES: Alegria, Bradley, Cruikshank, Seo, and Mayor Ferraro NOES: None 3. Consideration and possible action to reject all bids for construction of the Restroom Improvements at the Point Vicente Interpretive Center project. (O’Neill/Lo) DRAFT City Council Minutes April 4, 2023 Page 8 of 9 City Clerk Takaoka noted that no late correspondence was received and there were no requests to speak. Councilmember Alegria moved to extend the meeting to 11:00 P.M. Without objection, Mayor Ferraro so ordered. Councilmember Alegria moved to waive the staff report. Without objection, it was so ordered by Mayor Ferraro. Mayor Pro Tem Cruikshank moved, seconded by Councilmember Alegria, to approve Staff recommendation as follows: 1) Found that MLC Constructor, Inc.’s bid for the Restroom Improvements at Point Vicente Interpretive Center Project is not responsive; 2) Rejected all bids for construction of the Restroom Improvements at the Point Vicente Interpretive Center project; 3) Directed Staff to re-evaluate the plans, specifications, project conditions, and materials that may have caused bids to be higher than the Engineer’s Estimate; 4) Approved Amendment No. 2 to the Houston Tyner professional services agreement extending the term to June 30, 2024; and, 5) Directed Staff to issue a new Notice Inviting Bids. The motion passed on the following roll call vote: AYES: Alegria, Bradley, Cruikshank, Seo, and Mayor Ferraro NOES: None CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER: None. FUTURE AGENDA ITEMS: None. CITY COUNCIL ORAL REPORTS: None. ADJOURNMENT: At 10:54 P.M., Mayor Ferraro adjourned to 6:00 P.M. on April 6, 2023, for a Budget Workshop (General Fund). __________________________ Barbara Ferraro, Mayor DRAFT City Council Minutes April 4, 2023 Page 9 of 9 Attest: __________________________ Teresa Takaoka, City Clerk