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CC DM 20240116 A - 20231219 DRAFT CC MINSDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL AND IMPROVEMENT AUTHORITY REGULAR MEETING DECEMBER 19, 2023 CALL TO ORDER: A Regular Meeting of the Rancho Palos Verdes City Council and the Special Meeting Improvement Authority for the purpose of a Closed Session was called to order by Mayor Cruikshank at 6:01 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 u nder a separate cover with the agenda. Notice having been given with affidavit thereto on file. City Council roll call was answered as follows: PRESENT: Bradley, Seo, Alegria, and Mayor Cruikshank ABSENT: Ferraro* (excused) Also present were Ara Mihranian, City Manager; Elena Gerli, City Attorney; and Vina Ramos, Director of Finance. PUBLIC COMMENTS FOR CLOSED SESSION: None. CLOSED SESSION ITEM(S) ANNOUNCED: City Attorney Gerli announced the items 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION/CONFERENCE WITH LABOR NEGOTIATORS DRAFT City Council Regular Minutes December 19, 2023 Page 2 of 11 A closed session will be held, pursuant to Government Code § 54957 and § 54957.6, to conduct, respectively: (i) an employee performance evaluation for the position of City Manager; and (ii) labor negotiation with unrepresented employees (City Manager), with the Finance Director, City Attorney, and City Council, as the City’s negotiators(s). At 6:02 P.M. the Council recessed to Closed Session. RECONVENE TO REGULAR MEETING: At 7:26 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 7:26 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: Bradley, Seo, Alegria, and Mayor Cruikshank ABSENT: Mayor Ferraro (excused) Also present were Ara Mihranian, City Manager; Elena Gerli, City Attorney; Vina Ramos, Director of Finance; Ramzi Awwad, Director of Public Works; Cory Linder, Director of Recreation and Parks; Brandy Forbes, Director of Community Development; Matt Waters, Senior Administrative Analyst; Shaunna Hunter, Administrative Analyst; Enyssa Sisson, Administrative Analyst; and Teresa Takaoka, City Clerk. Also present was Captain Guerrero, Lomita Station, Los Angeles County Sheriff’s Department. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by City Clerk Takaoka. CLOSED SESSION REPORT: City Attorney Gerli reported that the City Council met in Closed Session to discuss two items. Item one, conference with legal counsel relating to existing litigation, was not discussed and will be continued to the January 16, 2024 Closed Session. Item number two was discussed, and no reportable action was taken. DRAFT City Council Regular Minutes December 19, 2023 Page 3 of 11 MAYOR’S ANNOUNCEMENTS: Mayor Cruikshank shared the passing of Les Chapin, a longtime Rancho Palos Verdes resident. He stated this evening’s meeting would be adjourned in his memory. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Cruikshank announced the Recycle Winners for the December 5, 2023 City Council meeting: Sharon Maya and Scott Rogers. 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: Mayor Pro Tem Alegria moved, seconded by Councilmember Seo, to approve the agenda as presented. The motion passed on the following roll call vote: AYES: Bradley, Seo, Alegria, and Mayor Cruikshank NOES: None ABSENT: Ferraro PUBLIC COMMENTS FOR NON-AGENDA ITEMS: City Clerk Takaoka reported that late correspondence was distributed and there was one request to speak. The following member of the public addressed the City Council: Carol Mueller. CITY MANAGER REPORT: City Manager Mihranian provided updates on the following: Congratulated newly appointed City Attorney Elena Gerli; Congratulated the Finance Department for receiving the Distinguished Budget Presentation Award and a Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association; Congratulated Vanessa Hevener and the Public Works Department for earning a silver level achievement award from the South Bay Energy and Climate Recognition Program 2023; Where to locate the residential fire insurance advocacy letter on the City website; Reminder that the use of gas-powered leaf blowers in residential neighborhoods is prohibited; Regional wireless emergency alert test will be sent out on January 9, 2024 at 11:20 a.m.; Point Vicente Interpretive Center will be open for some holiday shopping; City Hall will be closed on December 25 – January 1; Reminder to residents that City Staff is heavily monitoring the Portuguese Bend Landslide during the City Hall closure; Skating in the Park and themed events are scheduled on December 26-31; Free New Year’s Eve bus service by Palos Verdes DRAFT City Council Regular Minutes December 19, 2023 Page 4 of 11 Peninsula Transit Authority on December 31; City Council meeting on January 2, 2024, is canceled; and wished everyone a Happy Kwanzaa, Merry Christmas, and a Happy New Year. CONSENT CALENDAR: City Clerk Takaoka noted that late correspondence was distributed for Item J and there were no requests to speak. Councilmember Bradley requested to pull Item H for discussion after Regular Business. Mayor Pro Tem Alegria moved, seconded by Councilmember Seo, to approve the Consent Calendar Items A-I, and pulling Item H for discussion after Regular Business. The motion passed on the following roll call vote: AYES: Bradley, Seo, Alegria, and Mayor Cruikshank NOES: None ABSENT: Ferraro A. Approval of Minutes (Zweizig) Approved the Minutes of December 5, 2023, Regular Meeting and Special Meeting (Interviews). B. Registers of Demands (Mata) 1) Adopted Resolution No. 2023-59, 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. 2023-60, 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 appoint City Councilmembers to intergovernmental organizations, associations, and City subcommittees for 2024. (Takaoka) Appointed the members of the City Council to the various intergovernmental organizations, associations, and City subcommittees for 2024; and directed Staff to notify the various agencies of the City Council’s decision. D. Consideration and possible action regarding a claim against the City by Soren Pato. (Sisson) Rejected the claim and directed Staff to notify the claimant, Soren Pato. DRAFT City Council Regular Minutes December 19, 2023 Page 5 of 11 E. Consideration and possible action regarding a claim against the City by Edgar Mendez. (Sisson) Rejected the claim and directed Staff to notify the claimant, Edgar Mendez. F. Consideration and possible action to receive the October 2023 Cash Balances/Monthly Treasurer’s Report. (Lin) Received and filed the October 2023 Cash Balances/Monthly Treasurer’s Report for the City and the Improvement Authority. G. Consideration and possible action to approve Amendment No. 3 to the Professional Services Agreement with ParkMobile for app-based parking service in the Del Cerro Park area. (Trautner/Waters) 1) Approved Amendment No. 3 to the Professional Services Agreement with ParkMobile, extending the term by six months to June 30, 2024 and increasing the contract sum by $4,404 for a not-to-exceed total contract sum of $43,392, for an app-based parking service in the Del Cerro Park area on Crenshaw Boulevard, south of Crest Road; and 2) Authorized the Mayor and City Clerk to execute the amendment in a form approved by the City Attorney. H. Consideration and possible action to approve Amendment No. 2 to the Agreement for Public Works services with Hardy & Harper, Inc. for roadway repairs within the greater Portuguese Bend Landslide. (Awwad) This item was removed for separate consideration. I. Consideration and possible action regarding the Fiscal Year (FY) 2022 -23 Year-End Draft (Unaudited) Financial Report and the FY 2023-24 First Quarter Report. (Loya) 1) Received and filed the FY 2022-23 Year-End Draft (Unaudited) Financial Report; 2) Approved the Purchase Order Carryover Schedule of $6,685,959 from FY 2022- 23 to FY 2023-24, thereby, approving the following: a. Decreasing FY 2022-23 Final Budget for the following: $747,442 (General Fund), $19,557 (Gas Tax), $296,936 (Proposition C), $104,595 (Measure R), $383,163 (Measure M), $11,968 (Ab Cove Sewer), $4,399,781 (Capital Infrastructure Program), $126,973 (State Grant), $390,832 (Federal Grants – ARPA), $203,402 (Quimby), $1,310 (Measure W); and b. Increasing FY 2023-24 Adopted Budget for the same amounts listed in 2(a). 3) Approved Continuing Appropriations of $5,961,931 from FY 2022-23 to FY 2023- 24, thereby, approving the following; a. Decreasing FY 2022-23 Final Budget for the following: $107,400 (General Fund), $83,680 (Gas Tax), $240,00 (1911 Act), $203,382 (Prop C), $74,625 (Measure R), $15,900 (Subregion One), $4,000 (Ab Cove DRAFT City Council Regular Minutes December 19, 2023 Page 6 of 11 Sewer), $120,513 (CDBG), $2,386,802 (Capital Infrastructure Program), $2,479,095 (Federal Grants – ARPA), $224,533 (Quimby), $22,000 (IA Abalone Cove); and b. Increasing FY 2023-24 Adopted Budget for the same amounts listed in 2(a). 4) Received and filed the FY 2022-23 First Quarter Financial Report. J. Consideration and possible action to review the second biannual 2023 Border Issues report. (Barnes) 1) Received and filed the second biannual report on the status of Border Issues for 2023. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: None. PUBLIC HEARINGS: None. REGULAR BUSINESS: 1. Consideration and possible action to receive an update report and to extend the local emergency declaration for the greater Portuguese Bend Landslide Complex. (Awwad/Gerli/Lozano) City Clerk Takaoka reported that late correspondence was distributed and there were three requests to speak. City Manager Mihranian provided an introductory summary of the item and introduced the City’s Geologist, Mike Phipps, of Cotton Shires and Associates. Discussion ensued among Council Members and questions were asked of Geologist Phipps and Staff. City Manager Mihranian introduced Director of Recreation and Parks Linder, who presented a summary report and PowerPoint presentation. City Manager Mihranian introduced Director of Public Works Awwad, who presented a summary report and PowerPoint presentation. Discussion ensued among Council Members and questions were asked of Staff. The following members of the public addressed the City Council: Nikki Noushkam, Ben Eilenberg, and Kit Song. DRAFT City Council Regular Minutes December 19, 2023 Page 7 of 11 Discussion ensued among Council Members and questions were asked of Staff. City Clerk Takaoka informed Council of a request to speak from Kevin McCusker, Community Affairs Manager for Cal Water. Discussion ensued among Council Members and questions were asked of Community Affairs Manager McCusker. Councilmember Bradley moved, seconded by Mayor Pro Tem Alegria, to approve Staff recommendations as amended: 1) Received and filed an update report on current conditions from the City Geologist on the Portuguese Bend Landslide Complex; 2) Received and filed a report on the current trail conditions impacted by the Portuguese Bend Landslide Complex within the Palos Verdes Nature Preserve; 3) Received and filed an update report on the project activities responding to land movement within the Portuguese Bend Landslide Complex; 4) Approved an additional appropriation of $200,000 with direction to staff to explore using advanced technology to monitor and gather data on the land movement that may be more responsive and accurate such as drones/satellite and three dimensional modeling and by using less manual methods as have been done in past; 5) Received and filed a report on the City Council’s directive to contact the State Controller’s Office regarding the Klondike Canyon Landslide Abatement District; 6) Adopted Resolution No. 2023-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES THEREBY CONTINUING THE LOCAL EMERGENCY DECLARATION BY 60 DAYS UNTIL FEBRUARY 10, 2024 AS ESTABLISHED BY RESOLUTION NO. 2023-47 ADOPTED ON OCTOBER 3, 2023 AND EXTENDED BY RESOLUTION NO. 2023-56 ADOPTED ON NOVEMBER 14, 2023; and 7) Directed Staff to come back with more information on waterline breaks, calibrate efforts to address the road condition of Palos Verdes Drive South, use aggressive methods to implement projects immediately, and explore if and how eminent domain could be used by the City to address future sales of red tagged-homes in the landslide complex. The motion passed on the following roll call vote: AYES: Bradley, Seo, Alegria, and Mayor Cruikshank NOES: None ABSENT: Ferraro 2. Consideration and possible action to receive a report from Southern California Edison (SCE) regarding frequent power outages in the Grandview Estates neighborhood. (Villalpando) City Clerk Takaoka reported that there were no requests to speak. City Manager Mihranian provided an introductory summary of the item and introduced Rudy Gonzales, Principal Manager of Government Relations for Southern California Edison, who presented a PowerPoint presentation. DRAFT City Council Regular Minutes December 19, 2023 Page 8 of 11 Discussion ensued among Council Members and questions were asked of Principal Manager of Government Relations Gonzales. Mayor Cruikshank called for a brief recess at 9:26 P.M. Without objection, it was so ordered. The meeting was reconvened at 9:36 P.M. Principal Manager of Government Relations Gonzales resumed his PowerPoint presentation. Mayor Pro Tem Alegria moved, seconded by Councilmember Seo, to approve Staff recommendations as amended: 1) Received and filed the progress update from Southern California Edison (SCE) on addressing frequent power outages in the Grandview Estates neighborhood; 2) Requested for SCE to provide a detailed progress report in 60 days and to include a calendar schedule of work of when the cover conductors and transformers will be implemented throughout the City; and 3) Received and filed a presentation on SCE’s Government Advisory Panel (GAP) meeting on the utility’s 2023 implemented initiatives and strategies. The motion passed on the following roll call vote: AYES: Bradley, Seo, Alegria, and Mayor Cruikshank NOES: None ABSENT: Ferraro 3. Consideration and possible action to receive a status update on Stage 2 of the Civic Center Campus Master Plan. (Waters) City Clerk Takaoka reported that there were no requests to speak. City Manager Mihranian provided a brief introduction summary of the item and introduced Director of Public Works Awaad who provided a brief staff report and PowerPoint presentation. Director of Public Works Awaad introduced Senior Analyst Matt Waters to conclude presenting staff report and PowerPoint presentation. Discussion ensued among Council Members and questions were asked of Staff. Mayor Pro Tem Alegria moved, seconded by Councilmember Seo, to approve Staff recommendations as follows: 1) Received and filed a status update on Stage 2 of the Civic Center Campus Master Plan and provided direction, as needed, on the following items: a. Stage 2: Master Plan Design Development b. Project delivery methods c. Estimated Stage 2 timeline d. Federal agencies update e. Funding sources update f. City Hall interim improvements update DRAFT City Council Regular Minutes December 19, 2023 Page 9 of 11 The motion passed on the following roll call vote: AYES: Bradley, Seo, Alegria, and Mayor Cruikshank NOES: None ABSENT: Ferraro 4. Consideration and possible action to receive a quarterly status report on Fiscal Year 2023-24 City Council Goals. (Sisson) City Clerk Takaoka reported that there were no requests to speak. City Manager Mihranian introduced Administrative Analyst Enyssa Sisson to present a brief staff report and PowerPoint presentation. Discussion ensued among Council Members and questions were asked of Staff. Mayor Cruikshank moved, seconded by Councilmember Bradley, to approve Staff recommendations as follows: 1) Received and filed a second-quarter status report on the FY 2023-24 City Council Goals. The motion passed on the following roll call vote: AYES: Bradley, Seo, Alegria, and Mayor Cruikshank NOES: None ABSENT: Ferraro 5. Consideration and possible action to adopt the City’s 2024 Legislative Platform. (Hunter) City Clerk Takaoka reported that there were no requests to speak. Administrative Analyst Shaunna Hunter presented a staff report and PowerPoint presentation. Mayor Pro Tem Alegria moved, seconded by Councilmember Bradley, to approve Staff recommendations with a minor text amendment as follows: 1) Adopt Resolution No. 2023-62, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS ADOPTING THE CITY’S 2024 LEGISLATIVE PLATFORM with updated language from “victims of hate crime” to stating “victims of hate incidents.” The motion passed on the following roll call vote: AYES: Bradley, Seo, Alegria, and Mayor Cruikshank NOES: None ABSENT: Ferraro DRAFT City Council Regular Minutes December 19, 2023 Page 10 of 11 CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER: H. Consideration and possible action to approve Amendment No. 2 to the Agreement for Public Works services with Hardy & Harper, Inc. for roadway repairs within the greater Portuguese Bend Landslide. (Awwad) City Clerk Takaoka noted that there were no requests to speak and that this item was pulled earlier this evening by Councilmember Bradley. Discussion and questions ensued among Council Members and Staff. Councilmember Seo moved, seconded by Mayor Pro Tem Alegria, to approve Staff recommendations as amended: 1) Approved Amendment No. 2 to the Agreement for Public Works Services with Hardy & Harper, Inc., to increase the Agreement sum by $390,000 during Fiscal Year 2023-24, thereby increasing the not-to-exceed total agreement amount from $3,550,500 to $3,940,500 over a fi ve-year period, to provide maintenance repairs on roads within landslide areas of the City; 2) Authorized the Mayor and City Clerk to execute Amendment No. 2 to the Public Works Services Agreement, in a form approved by the City Attorney; and 3) Directed Staff to consider new innovative materials that can be used for roadway repairs that may cost more in the short-term but results in lower long-term costs. The motion passed on the following roll call vote: AYES: Bradley, Seo, Alegria, and Mayor Cruikshank NOES: None ABSENT: Ferraro Mayor Cruikshank moved to extend the meeting to 10:30 P.M. Without objection, it was so ordered. 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 10:38 P.M., Mayor Cruikshank adjourned to January 16, 2024, for a Closed Session Meeting, followed by a Regular meeting at 7:00 P.M. Mayor Cruikshank wished everyone happy holidays and adjourned the meeting in honor and memory of Les Chapin. DRAFT City Council Regular Minutes December 19, 2023 Page 11 of 11 _______________________________ John Cruikshank, Mayor Attest: __________________________ Teresa Takaoka, City Clerk