CC SR 20230620 A - 20230606 CC MINS_IA Meeting DRAFTDRAFT
MINUTES
RANCHO PALOS VERDES CITY COUNCIL AND IMPROVEMENT AUTHORITY
REGULAR MEETING
JUNE 6, 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 6:00 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, Bradley, Seo, and Mayor Pro Tem Cruikshank
ABSENT: Mayor Ferraro* (excused)
Also present were Ara Mihranian, City Manager; William Wynder, City Attorney; David
Ferrante-Alan, Special Counsel for Wesierski & Zurek LLP and Daniel Barer, Special
Counsel for Pollak, Vida & Barer (California Joint Powers Insurance Authority); Karina
Bañales, Deputy City Manager; Ramzi Awwad, Director of Public Works; Julie DeZiel,
Human Resources and Risk Manager; and Colin Tanner, Deputy City Attorney for Labor
and Employment.
PUBLIC COMMENTS FOR CLOSED SESSION:
City Clerk Takaoka noted that there were no requests to speak.
CLOSED SESSION ITEM(S) ANNOUNCED:
City Attorney Wynder announced the items to be discussed in Closed Session.
1. CONFERENCE WITH LABOR NEGOTIATORS GC SECTION 54957.6
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 Rancho Palos Verdes Employees’ Association
and AFSCME District Council 36.
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
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June 6, 2023
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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: Tansavatdi v. City of Rancho Palos
Verdes, Los Angeles Superior Court Case Nos. BC633651/BC652435; Second
District Court of Appeal Case No. B293670; California Supreme Court Case No.
S267453.
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: Limetree Estates, LLP v. City of
Rancho Palos Verdes, United State District Court for the Central District of
California, Case No. 2:23-CV-01420-SVW-PVC
At 6:02 P.M., the Council recessed to Closed Session.
*Mayor Ferraro joined the meeting in the Fireside Room at 6:10 P.M.
RECONVENE TO REGULAR MEETING:
At 7:01 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 7:01 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, Cruikshank, Seo, and Mayor Ferraro
ABSENT: None
Also present were Ara Mihranian, City Manager; Karina Bañales, Deputy City Manager;
William Wynder, City Attorney; Brittany Ruiz, Interim Director of Finance; Cory Linder,
Director of Recreation and Parks; Ramzi Awwad, Public Works Director; Octavio Silva,
Interim Director of Community Development; Whitney Berry, Associate Planner; Jesse
Villalpando, Senior Administrative Analyst; and Teresa Takaoka, City Clerk.
Also present, via zoom, was Deputy Darlene Lopez-Beltran from the Lomita Sheriff’s
Station.
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June 6, 2023
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PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by City Manager Mihranian.
CLOSED SESSION REPORT:
City Attorney Wynder reported that the City Council had three items on the Closed
Session agenda. All five members of the Council participated in all three Closed
Session items on the agenda.
City Attorney Wynder reported that the City Council met in Closed Session pursuant to
Government Code § 54957.6 to discuss the first agenda item regarding ongoing labor
negotiations with the Rancho Palos Verdes Employees’ Association and AFSCME
District Council 36. City Staff provided a privileged and confidential briefing on the
status of the negotiations. Questions were asked and answered, and no reportable
action was taken.
The City Council met in Closed Session pursuant to Government Code § 54956.9(d)(1)
and were briefed on two matters of litigation to which the City is a party. Both matters of
litigation are identified by title, court, case no. and court locations in the Closed Session
agenda. Regarding the Tansavatdi v. City of Rancho Palos Verdes item, California Joint
Powers Insurance Authority appointed Counsel, provided City Council with a privileged
and confidential briefing on the results of the decision by the California Supreme Court,
the return of this case to the Court of Appeals and its ultimate return to the California
Superior Court. There was a privileged and confidential briefing on the next step in this
action. Questions were asked and answered, and no reportable action was taken.
Lastly, regarding the Limetree Estates, LLP v. City of Rancho Palos Verdes item, City
Attorney Wynder provided a privileged and confidential briefing on a motion that the City
is about to file with respect to this case. It should be filed within the next two weeks.
There was a privileged and confidential briefing, questions were asked and answered,
and no reportable action was taken.
MAYOR’S ANNOUNCEMENTS:
Mayor Ferraro and the entire City Council recognized June 17, 2023 as “Doors Open
Peninsula” day with the presentation of a proclamation celebrating 100 years of
remarkable diversity, innovation, feats of engineering, and visionary people that have
come to define the Palos Verdes Peninsula.
Mayor Ferraro announced the 50th Anniversary Art Contest first, second, and third place
winners for each age category for Adults, High School Grades 9 -12, and
Elementary/Middle School Grades K-8.
Mayor Ferraro recognized the participants that completed the 11th cohort of the Rancho
Palos Verdes Leadership Academy.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
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June 6, 2023
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Mayor Ferraro announced the Recycle Winners for the May 16, 2023 City Council
meeting: Jill Hall and James Beazell. 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.
APPROVAL OF THE AGENDA:
Mayor Pro Tem Cruikshank moved, seconded by Councilman 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:
City Clerk Takaoka noted that there were two requests to speak.
The following members of the public addressed the City Council: Kathy Edgerton and
Brandee Keith (voicemail).
CITY MANAGER REPORT:
City Manager Mihranian provided updates on the following: the City worked closely with
other Peninsula cities and the Palos Verdes Peninsula Unified School District on a
public service announcement for mental health awareness “Remember, You Are Not
Alone”, the PSA video was introduced by Councilmember Alegria and played on the
screen; explained the Public Safety “Better Together” slogan; Palos Verdes Peninsula
Chamber of Commerce will hold its 35th Annual PV Street Fair on June 10 and 11 by the
Norris Center; The Peninsula is celebrating its 100th anniversary with Doors Open
Peninsula on Saturday, June 17; Summer Concerts in the Park will take place at Ken
Dyda Civic Center on June 17 from 4:00 P.M. – 6:00 P.M. featuring ‘80s and ‘90s funk
and R&B; Fourth of July Celebration to include a patriotic drone light show will take
place at Ken Dyda Civic Center on July 4 from 3:00 P.M. – 9:00 P.M.; Congratulations
to the class of 2023 graduates; and Happy Father’s Day.
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
DRAFT City Council Minutes
June 6, 2023
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A. Approval of Minutes (Sisson)
Approved the Minutes of May 16, 2023, Regular Meeting.
B. Registers of Demands (Mata)
1) Adopted Resolution No. 2023-21, 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 2023-05, 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 Consideration and possible action to
receive the March 2023 Cash Balances/Monthly Treasurer’s Report. (Lin)
Received and filed the March 2023 Cash Balances/Monthly Treasurers' Reports for
the City and the Improvement Authority.
D. Consideration and possible action to cancel the July 5, 2023, City Council
meeting. (Takaoka)
Approved the cancellation of the July 5, 2023, City Council meeting.
E. Consideration and possible action to appoint Chairpersons to the Planning
Commission and the various City advisory boards. (Sisson)
Appointed David Chura as Chair to the Planning Commission and the following
members as Chairs to the five City advisory boards: Gregory O’Brien, Civic Center
Advisory Committee; James Sprinkle, Emergency Preparedness Committee; George
Lewis, Finance Advisory Committee; John Spielman, Infrastructure Management
Advisory Committee; and John Tye, Traffic Safety Committee.
F. Consideration and possible action to authorize the City Clerk to file a Notice of
Completion for the Hawthorne Boulevard Sinkhole at Seamount
Drive/Eddinghill Drive Project. ( Awwad)
1) Accepted the Hawthorne Boulevard Sinkhole at Seamount Drive/Eddinghill Drive
Project as complete; 2) Authorized the City Clerk to file a Notice of Completion for
the project 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 company
to exonerate the Performance Bond; 3) Authorized the Director of Public Works to
release the 5% construction retention payment to Clarke Contracting Corporation, 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 (4) Approved an appropriation of $75,000 in Measure R funds to pay a portion of
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June 6, 2023
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the project cost and reduce the use of Capital Improvement Program (CIP) funds by
the same amount.
G. Consideration and possible action to authorize the City Clerk to file a Notice of
Completion for the Rattlesnake Trailhead Gate and Fence Project. (Awwad)
1) Accepted the Rattlesnake Trailhead Gate and Fence Project as complete; 2)
Authorized the City Clerk to file a Notice of Completion for the project 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 company to exonerate the Performance
Bond; and 3) Authorized the Director of Public Works to release the 5% construction
retention payment to Coastal Iron Works Corp., 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.
H. Consideration and possible action to authorize the City Clerk to file a Notice of
Completion for the Redondela Drive Area Americans with Disabilities Act
(ADA) Improvements Project. (Awwad)
1) Accepted the Redondela Drive Area ADA Improvements Project as complete; 2)
Authorized the City Clerk to file a Notice of Completion for the project 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 company to exonerate the Performance
Bond; and 3) Authorized the Director of Public Works to release the 5% construction
retention payment to CT&T Concrete Paving, 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.
I. Consideration and possible action to approve Amendment No. 1 to the
Professional Services Agreement with Express Sign and Neon to fabricate and
install additional City entry gateway signs. (Waters)
1) Approved Amendment No. 1 to the Professional Services Agreement with
Express Sign and Neon to increase the agreement amount from $351,750 to
$429,390, with a contingency of 10% or $42,939, and extending the term from June
7, 2023 to December 6, 2023, to fabricate and install three additional City entry
gateway signs and remove and dispose of existing signage; and 2) Authorized the
Mayor and City Clerk to execute Amendment No. 1 to the Professional Services
Agreement with Express Sign and Neon in a form approved by the City Attorney.
J. Consideration and possible action to affirm letters signed by the City Manager
in support of Assembly Bill (AB) No. 584 (Coastal Development Emergency
Waiver), Senate Bill (SB) No. 363 (Mental Health Database), and letters of
opposition to AB 1484 (Temporary Public Employees), SB 4 (Housing
Development Higher Education), and SB 423 (Streamlined Multi-family
Housing Developments). (Hunter)
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June 6, 2023
Page 7 of 10
Affirmed the position letters for AB 584, SB 363, AB 1484, SB4, and SB 423.
CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT:
None.
PUBLIC HEARINGS:
1. Consideration and possible action to adjust the existing annual sewer service
charge for Fiscal Year 2023-24 for the Abalone Cove Sewer System. (Awwad)
City Clerk Takaoka reported that the notice of the public hearing was duly published,
no written protests were received and there were no requests to speak.
Mayor Ferraro declared the public hearing open.
Director of Public Works Awwad presented a staff report and PowerPoint
presentation.
Discussion ensued among Council Members and questions were asked of Staff.
Mayor Ferraro declared the public hearing closed.
Councilmember Alegria moved, seconded by Mayor Pro Tem Cruikshank, to
approve Staff recommendation as follows: Conducted the public hearing on the
proposed levy of the annual FY 2023-24 sewer service charge for the Abalone Cove
Sewer System; and Adopted Resolution No. 2023-22, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING A
REPORT IN CONNECTION WITH THE SEWER SERVICE CHARGE
ESTABLISHED PURSUANT TO CHAPTER 13.06 OF THE RANCHO PALOS
VERDES MUNICIPAL CODE, DETERMINING THE AMOUNT OF SUCH CHARGE
FOR FISCAL YEAR 2023-24, AND ORDERING THAT SUCH CHARGE BE
COLLECTED ON THE TAX ROLL.
The motion passed on the following roll call vote:
AYES: Alegria, Bradley, Cruikshank, Seo, and Mayor Ferraro
NOES: None
2. Consideration and possible action to renew Conditional Large Domestic
Animal Permit No. 5 for the Portuguese Bend Pony Club at 2 West
Pomegranate for an additional 10 years (CASE NO. PLDC2023-0001). (Berry)
City Clerk Takaoka reported that the notice of the public hearing was duly published,
no written protests were received, and there were no requests to speak.
Mayor Ferraro declared the public hearing open.
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June 6, 2023
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Interim Director of Community Development Silva introduced Associate Planner
Whitney Berry, who presented a staff report and PowerPoint presentation.
Mayor Ferraro declared the public hearing closed.
Councilman Bradley moved, seconded by Councilmember Seo, to approve Staff
recommendation as follows: Adopt Resolution No. 2023-23, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING A
REQUEST TO RENEW CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO.
5 FOR PORTUGUESE BEND PONY CLUB AT 2 WEST POMEGRANATE ROAD
FOR AN ADDITIONAL 10 YEARS (CASE NO. PLDC2023-0001).
Discussion ensued among Council Members.
The motion passed on the following roll call vote:
AYES: Alegria, Bradley, Cruikshank, Seo, and Mayor Ferraro
NOES: None
REGULAR BUSINESS:
3. Consideration and possible action to appoint two members to the Emergency
Preparedness Committee. (Sisson)
City Clerk Takaoka noted that ballots were distributed earlier in the evening after the
interviews.
After one round of balloting, the following appointments were made:
Edward Blake LaMar Jr. and Wouter van Biene were appointed to the Emergency
Preparedness Committee, with terms ending on June 30, 2026. (Councilmember
Alegria, Councilmember Seo, Mayor Pro Tem Cruikshank, and Mayor Ferra ro voting
LaMar and van Biene; and Councilmember Bradley voting Freel and LaMar).
4. Consideration and possible action to receive a report from Southern California
Edison (SCE) regarding frequent power outages in the Grandview Estates
neighborhood. (Bañales)
City Clerk Takaoka noted that there were three requests to speak.
Deputy City Manager Bañales provided a brief introduction of the report and
introduced Southern California Edison (SCE) Interim Government Relations
Manager Celina Luna, who shared a PowerPoint presentation.
SCE Interim Government Relations Manager Luna introduced the following SCE
staff that assisted with the PowerPoint Presentation and were available for
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June 6, 2023
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questions: Robert Brambila, District Manager - South Bay District; David Guzman,
Senior Manager, Vegetation Management; Jae Lee, Performance and Resource
Supervisor; and Joseph Baca, Engineering Manager.
Discussion ensued among Council Members and questions were asked of City and
SCE staff and City Attorney Wynder.
The following members of the public addressed the City Council: Carol Mueller;
Joseph Fares; and Pamela Chapman.
Discussion ensued among Council Members.
Councilmember Bradley moved, seconded by Councilmember Alegria, to: 1)
Received and filed a report from Southern California Edison (SCE) on the status of
the short-term and long-term action plan, as well as information on the reasons
behind the ongoing power outages in the Grandview Estates neighborhood; 2)
Requested Staff to return with a status and progress on the short-term and long-term
action plan; 3) SCE to provide the City with weekly status updates which should
include: generators, claims, outages, etc.; and, 4) SCE to provide the City with
adequate time to conduct a peer review of SCE’s plans to address the long-term
solutions and to give adequate time to process the encroachme nt permit.
Councilmember Seo proposed a friendly amendment to request that SCE return in
August to present the City Council with the status update and a report showing
budget allocations being made to fund upcoming projects taking place in 2024.
The friendly amendment was accepted by the maker of the motion and the
seconder.
The motion passed on the following roll call vote:
AYES: Alegria, Bradley, Cruikshank, Seo, and Mayor Ferraro
NOES: None
5. Consideration and possible action regarding the Citywide Landscaping and
Lighting Maintenance District for Fiscal Year 2023-24. (Hevener)
City Clerk Takaoka noted that there were no requests to speak.
Director of Public Works Awwad presented a brief staff report and PowerPoint
presentation.
Council Members asked questions of Staff.
Mayor Pro Tem Cruikshank moved, seconded by Councilmember Bradley, to
approve Staff recommendation as follows: Adopted Resolution No. 2023-24, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DECLARING ITS INTENTION TO SET THE LEVY AT ZERO WITHIN THE
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June 6, 2023
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CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR
FISCAL YEAR 2023-2024 PURSUANT TO THE LANDSCAPING AND LIGHTING
ACT OF 1972, PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND
HIGHWAYS CODE; and adopted Resolution No. 2023-25, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING THE
ENGINEER’S REPORT AND DECLARING ITS INTENTION TO SET THE LEVY AT
ZERO WITHIN THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE
DISTRICT FOR FISCAL YEAR 2023-24 PURSUANT TO THE LANDSCAPING AND
LIGHTING ACT OF 1972, CODIFIED AS PART 2 OF DIVISION 15 OF THE
CALIFORNIA STREETS AND HIGHWAYS CODE, AND APPOINTING A TIME AND
PLACE FOR HEARING OBJECTIONS THERETO.
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:
Mayor Pro Tem Cruikshank requested a future consideration on how the City can
support goat grazing in light of potential state law changes.
CITY COUNCIL ORAL REPORTS:
None.
ADJOURNMENT:
At 9:34 P.M., Mayor Ferraro adjourned to 6:00 P.M. on June 20, 2023, for a Closed
Session, followed by a Regular meeting at 7:00 P.M.
__________________________
Barbara Ferraro, Mayor
Attest:
__________________________
Teresa Takaoka, City Clerk