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CC DM 20231003 A - 20230919 CC MINS_Closed Session and IA SPC Meeting DRAFTDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING CLOSED SESSION AND IMPROVEMENT AUTHORITY SPECIAL MEETING SEPTEMBER 19, 2023 CALL TO ORDER: A Regular Meeting of the Rancho Palos Verdes City Council and Special Meeting of the Improvement Authority for the purpose of a Special Closed Session was called to order by Mayor Pro Tem Cruikshank at 6:32 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, later participated via Zoom in Fireside Room) and Mayor Ferraro (excused) Also present were Ara Mihranian, City Manager; Karina Bañales, Deputy City Manager; and William Wynder, City Attorney. PUBLIC COMMENTS FOR CLOSED SESSION: None. CLOSED SESSION ITEM(S) ANNOUNCED: City Attorney Wynder announced the item to be discussed in Closed Session is recommended to be continued to the next meeting when all Council can participate. 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION A closed session will be held, pursuant to Government Code § 54957 to conduct an employee performance evaluation for the position of City Attorney. Without objection, Mayor Pro Tem Cruikshank ordered the Closed Session item to be continued to the next meeting. DRAFT City Council /IA Minutes September 19, 2023 Page 2 of 10 At 6:33 P.M., the Council recessed the meeting and will reconvene to the Regular Meeting at 7 P.M. RECONVENE TO REGULAR MEETING: At 7:09 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 Special Meeting of the Improvement Authority was called to order by Mayor Pro Tem Cruikshank at 7:09 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, Seo, and Mayor Pro Tem Cruikshank ABSENT: Mayor Ferraro Also present were Ara Mihranian, City Manager; Karina Bañales, Deputy City Manager; William Wynder, City Attorney; Vina Ramos, Interim Director of Finance; Ramzi Awwad, Public Works Director; Cory Linder, Director of Recreation and Parks; Daniel Trautner, Deputy Director of Recreation and Parks; Octavio Silva, Interim Director of Community Development; Lukasz Buchwald, Information Technology Manager; Enyssa Sisson, Administrative Analyst; and Teresa Takaoka, City Clerk. Also present, via Zoom, was Sergeant Tina McCoy from the Lomita Sheriff’s Station. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Interim Director of Community Development Silva. CLOSED SESSION REPORT: City Attorney Wynder reported that the Closed Session item was continued to the next City Council meeting due to not all Councilmembers being in attendance. MAYOR’S ANNOUNCEMENTS: Mayor Pro Tem Cruikshank and the City Council presented a proclamation to Portuguese Bend Nursery School Director Sandy Holderman for the school’s 70-year anniversary. DRAFT City Council /IA Minutes September 19, 2023 Page 3 of 10 RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Pro Tem Cruikshank announced the Recycle Winners for the September 5, 2023 City Council meeting: Catherine Fleener and Kwai Lew. He indicated that all winners receive a check for $250 and urged everyone to participate in the City’s Recycling Program. He noted that in addition to winning the Recycler Drawing, the two individuals won a personal emergency preparedness kit from the City valued at $40. APPROVAL OF THE AGENDA: Councilmember Alegria moved, seconded by Councilmember Seo, to approve the agenda as presented. The motion passed on the following roll call vote: AYES: Alegria, Bradley, Seo, and Mayor Pro Tem Cruikshank NOES: None ABSENT: Ferraro PUBLIC COMMENTS FOR NON-AGENDA ITEMS: The following members of the public addressed the City Council: Jerry Duhovic; Vito Gioiello; Craig Weintraub; Joan Carbonel; Casey Carbonel; Chris Carbonel; Sam Magana; Jane Stein; Anthony Chen; Carol Mueller; Marisa Marshall; Marcy Chung; Karen Zhong; Stan Lam; Bruce Daly; David Potter; Ilya Lie-Nielsen; and Sharon Oda (voicemail). CITY MANAGER REPORT: City Manager Mihranian provided updates on the following: 50th Anniversary Celebration Gala and Run for Myles events took place on September 9; California Coastal Cleanup Day will be held on September 23 from 9:00 A.M. – 12:00 P.M.; Youth Advisory Committee recruitment application deadline has been extended to Octobe r 6; Trunk or Treat event will be held on October 21 at the Ken Dyda Civic Center from 11:00 A.M. – 2:00 P.M.; EDCO Fall Brush Clearing Event will take place each Saturday between October 7 through November 4 depending on residents’ regular collection day; The City’s website has been updated with a new look; Wishing all who observe a meaningful Yom Kippur; and Wished Mayor Pro Tem Cruikshank a Happy Birthday. CONSENT CALENDAR: City Clerk Takaoka reported that late correspondence was received for Items F, I, and J and there were seven requests to speak on Item I. Councilmember Alegria moved, seconded by Councilmember Seo, to approve the Consent Calendar with Item I to be considered immediately after the Consent Calendar. DRAFT City Council /IA Minutes September 19, 2023 Page 4 of 10 The motion passed on the following roll call vote: AYES: Alegria, Bradley, Seo, and Mayor Pro Tem Cruikshank NOES: None ABSENT: Ferraro A. Approval of Minutes (Sisson) Approved the Minutes of September 5, 2023, Regular Meeting. B. Registers of Demands (Mata) 1) Adopted Resolution No. 2023-43, 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 2023 Cash Balances/Monthly Treasurer’s Report. (Lin) 1) Received and filed the July 2023 Cash Balances/Monthly Treasurer’s Reports for the City and the Improvement Authority. D. Consideration and possible action to approve Amendment No. 1 to the Professional Services Agreement with Kosmont Financial Services (KFS) for municipal advisory and financial consulting services. (Ramos) 1) Approved Amendment No. 1 to the original Professional Services Agreement with KFS in the amount of $50,000, thereby increasing the agreement amount from $25,000 to $75,000 for a one-year term concluding on June 29, 2024; and 2) Authorized the Mayor and City Clerk to execute the amendment in a form approved by the City Attorney. E. Consideration and possible action to approve Amendment No. 1 to the Professional Services Agreement with HR Green Pacific, Inc. for Interim Deputy Director of Public Works. (Awwad) 1) Approved Amendment No. 1 to the Professional Services Agreement with HR Green Pacific, Inc. in the amount of $103,000, thereby increasing the agreement amount from $25,000 to $128,000 for Interim Deputy Director of Public Works services until December 31, 2023 as the City undergoes the recruitment process; and 2) Authorized the Mayor and City Clerk to execute the amendment in a form approved by the City Attorney. F. Consideration and possible action to ratify a letter signed by the City Manager in opposition for Assembly Bill (AB) No. 825 (Bicycles on Sidewalks). (Hunter) Ratified a letter signed by the City Manager in opposition to AB 825. DRAFT City Council /IA Minutes September 19, 2023 Page 5 of 10 G. Consideration and possible action regarding a claim against the City by Ashley Ibarra. (Sisson) 1) Rejected the claim and directed Staff to notify the claimant, Ashley Ibarra. H. Consideration and possible action to approve construction for the Retaining Wall Repairs at 3001 Crest Road Project. (Wieske) 1) Approved the plans, specifications, and construction documents for the Retaining Wall Repairs at 3001 Crest Road Project; 2) Approved an additional appropriation of $250,000, from the City’s Capital Improvement Fund for the Retaining Wall Repairs at 3001 Crest Road Project; 3) Awarded a construction contract for the Retaining Wall Repairs at 3001 Crest Road Project to Ace Capital Engineering, in the amount of $398,820, with a contingency of 10% or $39,882, for a total amount of $438,702; and 4) Authorized the Mayor and City Clerk to execute the construction contract, in a form approved by the City Attorney. I. Consideration and possible action to approve professional services agreements for the Portuguese Bend Landslide Remediation Project final engineering and associated services. (Awwad) This item was removed for separate consideration immediately after the adoption of the consent calendar. J. Consideration and possible action to accept, approve and adopt the Memorandum of Understanding (MOU) between the City and the American Federation of State, County and Municipal Employees District Council 36 (AFSCME DC36) part-time employees association and approve salary range changes for part-time employees. (Tanner/Jacinto) 1) Adopted Resolution No. 2023-44, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, STATE OF CALIFORNIA, ACCEPTING, APPROVING, AND ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO PALOS VERDES AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES DISTRICT COUNCIL 36 FOR THE PERIOD OF JULY 1, 2023 THROUGH JUNE 30, 2025; and 2) Adopted Resolution No. 2023-45, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, STATE OF CALIFORNIA, AMENDING, RESTATING, AND SUPERSEDING RESOLUTION NO. 2023-31 TO REFLECT NEW SALARY RANGES FOR ALL PART-TIME EMPLOYEES IN CITY SERVICE, EFFECTIVE SEPTEMBER 23, 2023. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: I. Consideration and possible action to approve professional services agreements for the Portuguese Bend Landslide Remediation Project final engineering and associated services. (Awwad) DRAFT City Council /IA Minutes September 19, 2023 Page 6 of 10 City Clerk Takaoka noted that late correspondence was distributed and there were seven requests to speak. City Manager Mihranian shared that late correspondence was received from the public and Staff provided signed professional service agreements. The following members of the public addressed the City Council: Rob Kautz; Noel Park; Frank Kostrencich; Al Sattler; Barbara Sattler (via Zoom); and Marianne Hunter (via Zoom). Council Members asked questions of Staff. Discussion ensued among Council Members and Staff. Councilmember Alegria moved, seconded by Councilmember Seo, to approve Staff recommendations as follows: 1) Awarded a professional services agreement to Geo- Logic Associates, Inc. for the Portuguese Bend Landslide Remediation project final engineering and associated services in the amount of $1,460,000, plus a 15% contingency of $219,000, for a total cost of $1,679,000; 2) Awarded Amendment No. 1 to the professional services agreement with LSA Associates, Inc. for the Portuguese Bend Landslide Remediation project Environmental Impact Report (EIR) in the amount of $141,917 plus a 15% contingency of $21,288, for a total cost of $163,205; 3) Awarded a professional services agreement to Hout Construction Services, Inc. DBA Hout Engineering for the Portuguese Bend Landslide Remediation project management, peer review, and associated services, in the amount of $393,784, plus a 15% contingency of $59,067, for a total cost of $452,851; 4) Authorized the Mayor to execute the agreements in a form approved by the City Attorney; and (5) Approved an additional appropriation of $925,289, from the City’s Capital Infrastructure (CIP) Fund for the professional services associated with the Portuguese Bend Landslide project. The motion passed on the following roll call vote: AYES: Alegria, Bradley, Seo, and Mayor Pro Tem Cruikshank NOES: None ABSENT: Ferraro PUBLIC HEARINGS: 1. Consideration and possible action to approve Revision “III” to the Trump National Golf Club Project Conditional Use Permit amending the Conditions of Approval to allow Planning Entitlements to be processed for after-the-fact (ATF) grading and construction on Lot No. 34 of Tract No. 50667 located at 31925 Emerald View Drive (Case No. PLCU2023-0004). (Silva) City Clerk Takaoka reported that the notice of the public hearing was duly published, no written protests were received, and there were seven requests to speak. DRAFT City Council /IA Minutes September 19, 2023 Page 7 of 10 Councilmember Alegria recused himself at 8:41 P.M. Interim Director of Community Development Silva presented a staff report and PowerPoint presentation. Council Members asked questions of Staff. Mayor Pro Tem Cruikshank declared the public hearing open. The following applicant addressed the City Council: Hubert Frings (on behalf of Lian Boyd). City Attorney Wynder advised the City Council that, because there were only two members of the Council physically present in the chamber and because of the recusal of the Mayor and because Councilmember Bradley was participating remotely from out of state, Government Code § 54953 requires the public hearing would need to be suspended because there is not a quorum physically present in the Council chambers. Public testimony will need to be postponed until the hearing returns at the next regular meeting in October and there is a physically present quorum of the Council in the Council chambers. He requested that the public hearing be suspended and ordered continued to the first meeting in October. City Attorney Wynder shared that any individuals not able to return to the next meeting may proceed with providing public comment, but it will not be included as part of any evidentiary record in the event there is a challenge to the administrative decision of the City Council. However, they can alternatively provide written testimony. Discussion ensued among Council Members, Staff, and the applicant regarding which meeting the item can be continued to. City Council, Staff, and the applicant agreed to continue the public hearing to November 7 when the applicant can be present. Mayor Pro Tem Cruikshank called for public comments from individuals that cannot be present to provide comments on November 7. Any public comment testimony provided would not be part of the evidentiary record. No testimony was received. Mayor Pro Tem Cruikshank ordered the public hearing to be continued to the November 7 City Council meeting. Without objection, this was so ordered. Councilmember Alegria returned to the dais at 9:01 P.M. REGULAR BUSINESS: 2. Consideration and possible action to receive a report from Cal Water and Southern California Gas Company regarding their response and mitigation efforts to the Portuguese Bend Landslide. (Awwad) DRAFT City Council /IA Minutes September 19, 2023 Page 8 of 10 City Clerk Takaoka noted that late correspondence was distributed and there were 22 requests to speak. Director of Public Works Awwad presented a brief staff report and PowerPoint presentation. Director of Public Works Awwad introduced California Water Service Representative Ralph Felix. California Water Service Representatives Ralph Felix, District Manager; Augustin Baeza, Operations Manager; Carmelo Sorce, Chief Engineer and Director of Capital Delivery; and Angie Gilbride, Regional Community Affairs Specialist, presented a report. Council Members asked questions of Staff and California Water Service representatives. Discussion ensued among Council Members and Staff. Councilmember Bradley signed off virtually for the remainder of the meeting at 9:34 P.M. Director of Public Works Awwad introduced Southern California Gas Company Representative Ben Steinberger, Public Affairs Manager for Los Angeles, who presented a report. Council Members asked questions of Staff and Southern California Gas Company Representative Steinberger. Discussion ensued among Council Members and Staff. The following members of the public addressed the City Council: Joe Cruz; Mark Koch; Nikki Noushkam; Jerry Duhovic; Steve Cummins; Frank Matura; Eva Albuja; David Roth; Mike Fabian; Sue Schmidt; Gerry T.; Sha; Daniel Rouimi; Joel Dime; Eric Johnson; Andrew Ely; Kit Song; Peter Shaw; Tashia Hinchliffe (voicemail); and Don Schmid. Councilmember Alegria moved to extend the meeting to 11:00 P.M. Without objection, Mayor Pro Tem Cruikshank so ordered. Council Members asked questions of California Water Service representatives. Discussion ensued among Council Members, Staff, and City Attorney Wynder. Councilmember Seo moved, seconded by Councilmember Alegria, to approve Staff recommendations as follows: 1) Received a report from Cal Water regarding its DRAFT City Council /IA Minutes September 19, 2023 Page 9 of 10 response and mitigation efforts to the Portuguese Bend Landslide as it relates to water pipelines; 2) Received a report from Southern California Gas Company regarding its response and mitigation efforts to the Portuguese Bend Landslide as it relates to gas pipelines; 3) Directed Staff to return at a future City Council meeting to consider an additional appropriation to fund engineering review, collaboration, and coordination with utility companies on their plans for response and mitigation efforts; 4) Requested the utility companies return with updated information on a short -term and long-term action plan and timeline for addressing mitigation efforts within the Portuguese Bend Landslide; and 5) Requested Staff provide a report on the pros and cons of establishing a State of Emergency (enumerate the potential negative impacts) and provide the top 3 solutions/courses of action to resolve the issue. Mayor Pro Tem Cruikshank made a friendly amendment to include an appropriation not to exceed $50,000 to support the work required for Staff recommendation 3 and the additional funding to come from the CIP fund. 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, Seo, and Mayor Pro Tem Cruikshank NOES: None ABSENT: Bradley and Ferraro 3. Consideration and possible action to receive a quarterly status report on Fiscal Year 2023-24 City Council Goals. (Bañales) City Clerk Takaoka shared that no late correspondence was received and there were no requests to speak. Mayor Pro Tem Cruikshank moved to waive the staff report. Without objection, this was so ordered. Mayor Pro Tem Cruikshank moved to extend the meeting to 11:15 P.M. Without objection, this was so ordered. Discussion ensued among Council Members and questions were asked of Staff. Councilmember Seo requested to move Project 9 Develop of Citywide Small Wireless Facilities Master Plan from Maintain and Improve Public Infrastructure to Public Safety and make it a priority. Councilmember Alegria requested to tighten up the project timeline for long-term solutions for Project 5 Complete Streetscape Beautification Master Plan regarding the Western Avenue construction. DRAFT City Council /IA Minutes September 19, 2023 Page 10 of 10 Mayor Pro Tem Cruikshank requested to continue to pursue monies for Project 8 Secure Grant Funding to Underground One Mile of Utility Lines within the City’s Open Space Areas. Councilmember Alegria moved, seconded by Mayor Pro Tem Cruikshank, to approve Staff recommendation as follows: Received and filed a first-quarter status report on the FY 2023-24 City Council Goals. The motion passed on the following roll call vote: AYES: Alegria, Seo, and Mayor Pro Tem Cruikshank NOES: None ABSENT: Bradley and Ferraro FUTURE AGENDA ITEMS: Councilmember Alegria requested to receive a report on Los Verdes Golf Course net project. CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. ADJOURNMENT: At 11:09 P.M., Mayor Pro Tem Cruikshank adjourned to 6:00 P.M. October 3, 2023, for a Closed Session Meeting, followed by a Regular meeting at 7:00 P.M. Mayor Pro Tem Cruikshank adjourned the meeting in honor and memory of Gene Dewey. __________________________ Barbara Ferraro, Mayor Attest: __________________________ Teresa Takaoka, City Clerk