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CC SR 20231219 A - 20231205 CC MINS_IA Meeting DRAFTDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL AND IMPROVEMENT AUTHORITY REGULAR MEETING DECEMBER 5, 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 Ferraro at 6:22 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, Cruikshank, Seo, and Mayor Ferraro ABSENT: None Also present were Ara Mihranian, City Manager; William Wynder, City Attorney; Elena Gerli, Assistant City Attorney; Cory Linder, Director of Recreation and Parks; Dan Trautner, Deputy Director of Recreation and Parks; and Vina Ramos, Finance Director. 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. However, he noted Item No. 4 (Existing Litigation – Limetree Estates LLC vs City of Rancho Palos Verdes) will not be discussed. He stated that there are anticipated rulings from the Federal District Court that have not yet been received and requested that the item be continued to an undetermined date. 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 Manager. 2. 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. DRAFT City Council Minutes December 5, 2023 Page 2 of 11 3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION A closed session will be held, pursuant to Government Code § 54956.9(d)(2) or (d)(3) and (e)(1) because there is a significant exposure to litigation in one (1) case where the facts and circumstances giving rise to an exposure to litigation are believed not to be known to plaintiff(s). 4. 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). 5 CONFERENCE WITH LABOR NEGOTIATORS A closed session will be held, pursuant to Government Code § 54957.6, with the Interim Finance Director, City Attorney, and City Council, its negotiators(s), regarding labor negotiations with one unrepresented employee: City Manager. At 6:24 P.M., the Council recessed to Closed Session. RECONVENE TO REGULAR MEETING: At 7:21 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 7:21 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; William Wynder, City Attorney; Vina Ramos, Director of Finance; Cory Linder, Director of Recreation and Parks; Ramzi Awwad, Public Works Director; Brandy Forbes, Director of Community Development; DRAFT City Council Minutes December 5, 2023 Page 3 of 11 Jessica Bobbett, Senior Planner; Jesse Villalpando, Senior Administrative Analyst; Katie Lozano, Senior Administrative Analyst; Shaunna Hunter, Administrative Analyst; Enyssa Sisson, Administrative Analyst; and Teresa Takaoka, City Clerk. Also present was Captain Kimberly Guerrero from the Lomita Sheriff’s Station. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Captain Guerrero. CLOSED SESSION REPORT: City Attorney Wynder reported that the City Council commenced the process of the annual performance evaluation for the position of City Manager. The Council also commenced the annual labor negotiations with the unrepresented employee, the City Manager. These items will return to City Council at a future meeting. The City Council elected not to proceed further with the performance evaluation of the City Attorney. With respect to one exposure to litigation, the City Council was provided with a privileged and confidential briefing regarding the facts and circumstances which could give rise to an exposure to litigation in one case where the facts and circumstances giving rise to such an exposure are believed to not be known to the punitive Plaintiff. There was a privileged and confidential briefing provided. Questions were asked and answered, and a litigation avoidance strategy was authorized. The litigation matter with Limetree Estates, LLC was continued to a date uncertain. MAYOR’S ANNOUNCEMENTS: Mayor Pro Tem Cruikshank introduced newly appointed Lomita Sheriff’s Station Captain Kimberly Guerrero. Captain Guerrero introduced the CORE Deputies that serve as community resource officers, providing education and awareness for residents as dedicated community representatives for the Lomita Station. Mayor Pro Tem Cruikshank and the City Council announced the retirement of City Attorney William Wynder and thanked him for his many accomplishments during his time with the City with a presentation of a proclamation. CEREMONIAL MATTERS: 1. Presentation to Mayor Ferraro Mayor Ferraro was commended for her service as Mayor and was acknowledged for her various contributions to the City and community. Mayor Ferraro was also presented with certificates from various public officials. DRAFT City Council Minutes December 5, 2023 Page 4 of 11 2. Remarks by Invited Electeds/Representatives and Council Members Each Council Member acknowledged and thanked Mayor Ferraro for her service. The following representatives spoke and presented a certification to Mayor Ferraro for her service: Jennifer LaMarque, representative for L.A. County Supervisor Janice Hahn; Conner Plaice, representative for Senator Ben Allen; Jonathan Beutler, Trustee for Palos Verdes Library District; Linda Reid, Vice President of the Palos Verdes Peninsula Unified School District Board of Education; Captain Kimberly Guerrero, Los Angeles County Sheriff’s Department, Lomita Sheriff’s Station; Mayor Pat Wilson, Rolling Hills; and Mayor Britt Huff, Rolling Hills Estates. Additional remarks were made by resident Larry Maizlish. Each Councilmember and City Manager Mihranian shared comments expressing their appreciation for Mayor Ferraro’s service. Mayor Ferraro provided remarks regarding her tenure as Mayor. She expressed great appreciation to the Council Members, Staff, her family, and residents for their support. 3. Council Reorganization a. Selection of Mayor City Clerk Takaoka called for nominations for the selection of Mayor. Councilmember Bradley nominated Mayor Pro Tem Cruikshank for Mayor. With no other nominations, Mayor Pro Tem Cruikshank was appointed as Mayor for the year 2024 with the following roll call vote: AYES: Alegria, Bradley, Seo, Cruikshank, and Mayor Ferraro NOES: None ABSENT: None b. Selection of Mayor Pro Tem City Clerk Takaoka called for nominations for the selection of Mayor Pro Tem. Mayor Cruikshank nominated Councilmember Alegria for Mayor Pro Tem. With no other nominations, Councilmember Alegria was appointed as Mayor Pro Tem for the year 2024 with the following roll call vote: AYES: Alegria, Bradley, Ferraro, Seo, and Mayor Cruikshank DRAFT City Council Minutes December 5, 2023 Page 5 of 11 NOES: None ABSENT: None c. Comments by newly appointed Mayor, Mayor Pro Tem, and Council Members Mayor Cruikshank stated that comments will be shared upon returning from recess. Mayor Cruikshank called for a recess at 8:31 P.M. Councilmember Ferraro left for the remainder of the meeting at 8:31 P.M. CALL TO ORDER: Mayor Cruikshank and Mayor Pro Tem Alegria expressed their gratitude to the City Council, residents, Staff, and their families for their support. City Manager Mihranian presented Mayor Cruikshank with the Mayoral gavel and thanked him for his continued leadership. At 8:58 P.M., Mayor Cruikshank reconvened the meeting, and City Clerk Takaoka conducted a roll call. City Council roll call was answered as follows: PRESENT: Alegria, Bradley, Seo, and Mayor Cruikshank ABSENT: Ferraro (excused) RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Cruikshank announced the Recycle Winners for the November 21, 2023, City Council meeting: Debora Yavas and Lois Vannorsdall. 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 also won a personal emergency preparedness kit from the City valued at $40. APPROVAL OF THE AGENDA: Councilmember Bradley moved, seconded by Councilmember Seo, to approve the agenda and reorder Item 3 (6th Cycle Housing Element Update) to be heard first under Regular Business. The motion passed on the following roll call vote: AYES: Alegria, Bradley, Seo, and Mayor Cruikshank NOES: None ABSENT: Ferraro PUBLIC COMMENTS FOR NON-AGENDA ITEMS: DRAFT City Council Minutes December 5, 2023 Page 6 of 11 City Clerk Takaoka noted that there were three requests to speak. The following members of the public addressed the City Council: Carol Mueller; Merlin David; and Joan Davidson. CITY MANAGER REPORT: City Manager Mihranian provided updates on the following: Congratulated newly appointed Finance Director, Vina Ramos; Welcomed the following newly hired staff: Deputy Director of Public Works David Copp, Senior Engineer Noel Casil, Associate Engineer Brandon Mesker, and Associate Engineer Jeremiah Sunwoo; Residential fire insurance advocacy letter; Breakfast with Santa event to b e held at Fred Hesse Community Park on December 9; Santa is Coming to RPV andwill be traveling the streets on December 7, 12, 14, and 15; Holiday Toy Drive between December 1-19; Skating in the Park opening night was held at the Ken Dyda Civic Center on December 1, and will continue the week between Christmas and New Years; and Happy Hanukkah to all who celebrate. Captain Guerrero shared a 3rd quarter report presentation providing an update on crime rates in the City. CONSENT CALENDAR: City Clerk Takaoka noted that late correspondence was distributed for Item G. Mayor Pro Tem Alegria moved, seconded by Councilmember Seo, to approve the Consent Calendar as presented. The motion passed on the following roll call vote: AYES: Alegria, Bradley, Seo, and Mayor Cruikshank NOES: None ABSENT: Ferraro A. Approval of Minutes (Sisson) Approved the Minutes of November 14, 2023, Regular Meeting. B. Registers of Demands (Mata) 1) Adopted Resolution No. 2023-57, 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 2023-11, 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. DRAFT City Council Minutes December 5, 2023 Page 7 of 11 C. Consideration and possible action to cancel the January 2, 2024 City Council meeting. (Takaoka) Approved the cancellation of the January 2, 2024 City Council meeting. D. Consideration and possible action to amend the City’s designation of City Attorney and Assistant City Attorney. (Gerli) Adopted Resolution No. 2023-58, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, APPOINTING ELENA GERLI, OF THE LAW FIRM OF ALESHIRE & WYNDER, LLP, AS CITY ATTORNEY AND COUNSEL TO THE CITY OF RANCHO PALOS VERDES AND JOHN FOX AS ASSISTANT CITY ATTORNEY EFFECTIVE DECEMBER 6, 2023. E. Consideration and possible action to accept Gifts for Parks donations. (Hirsch) Accepted Gifts for Parks donations and directed Staff to prepare donor letters of appreciation for the Mayor’s signature. F. Consideration and possible action to adopt Ordinance No. 676 to amend Rancho Palos Verdes Municipal Code Section 12.18.070 (Design and Development Standards) to increase the maximum height permitted for any antenna above the existing height of a light pole. (Awwad) Adopted Ordinance No. 676, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING SECTION 12.18.070 (DESIGN AND DEVELOPMENT STANDARDS) OF CHAPTER 12.18 (WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT OF WAY) TO TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO INCREASE THE MAXIMUM HEIGHT PERMITTED FOR ANY ANTENNA ABOVE THE EXISTING HEIGHT OF A LIGHT POLE FROM FOUR FEET TO UP TO SIX FEET. G. Consideration and possible action to request a revised time extension amendment to the conservation easement offers for Ocean Trails Reserve. (Forbes) Authorized the execution and recording of a Time Extension Amendment to the Conservation Easement Offers for the Ocean Trails Reserve thereby extending the deadline to record the Conservation Easements from December 16, 2023 to January 1, 2026, to ensure the California Department of Fish and Wildlife issues the City its permit pursuant to the Rancho Palos Verdes Natural Community Conservation Plan . H. Consideration and possible action to award a professional services agreement to CliftonLarsonAllen, LLP for independent financial auditing services of the City’s Measure W (Safe, Clean Water Program) Fund. (Hevener) DRAFT City Council Minutes December 5, 2023 Page 8 of 11 1) Approved an additional appropriation of $15,400 from Measure W funds for independent audit services; 2) Awarded a professional services agreement to CliftonLarsonAllen, LLP for financial auditing services of the City’s Measure W Fund in an amount up to $22,050 with a 15% contingency of $3,307 for a total contract amount of up to $25,400 and a term ending on June 30, 2024 with an extension up to 90 days; and 3) Authorized the Mayor to execute the agreement in a form approved by the City Attorney. I. Consideration and possible action regarding the annual Business License Tax (BLT) for calendar year 2024. (Loya) 1) Affirmed continuing the BLT rates without applying a Consumer Price Index (CPI) increase of 3.2%; 2) Affirmed continuing the BLT for home occupancy businesses at zero ($0); and 3) Affirmed continuing the Small Business Financial Assistance Program. J. Consideration and possible action to receive the September 2023 Cash Balances/Monthly Treasurer’s Report. (Lin) Received and filed the September 2023 Cash Balances/Monthly Treasurer’s Report for the City and the Improvement Authority. K. Consideration and possible action to approve an agreement with Dell Technologies for a three-year Microsoft Enterprise Agreement (EA). (Buchwald) Authorized the City Manager to enter into an agreement with Dell Technologies for a three-year Microsoft Enterprise Agreement through Riverside County, pursuant to Section 2.44.060 of the Rancho Palos Verdes Municipal Code, in the amount of $246,921 plus $5,000 per year of contingency if additional licenses are required ($87,307 per year). CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: None. PUBLIC HEARINGS: None REGULAR BUSINESS: 3. Consideration and possible action to receive a status report on the City’s 6th Cycle Housing Element Update. (Silva) DRAFT City Council Minutes December 5, 2023 Page 9 of 11 City Clerk Takaoka reported late correspondence was distributed earlier and there were six requests to speak. Director of Community Development Forbes presented a staff report and PowerPoint presentation and introduced Senior Planner Jessica Bobbett, who was available for questions. Council Members asked questions of Staff. The following members of the public addressed the City Council: Ann Lynch; Yogi Matharu; Kitty Callahan Lundberg; Aurora Rysanek; Robert Brugger; and Joan Davidson. Discussion ensued among Council Members, City Attorney Wynder, and Staff. Mayor Pro Tem Alegria moved, seconded by Councilmember Seo, to approve Staff recommendation as follows: Received and filed a status report on completing the City’s 6th Cycle Housing Element Update. The motion passed on the following roll call vote: AYES: Alegria, Bradley, Seo, and Mayor Cruikshank NOES: None ABSENT: Ferraro Mayor Pro Tem Alegria moved to extend the meeting to 11:15 P.M. Without objection, Mayor Cruikshank so ordered. 1. Consideration and possible action to appoint one member to the Civic Center Advisory 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: Anthony Karambelas was appointed to the Civic Center Advisory Committee, with a term ending on June 30, 2026. (Mayor Pro Tem Alegria, Councilmember Bradley, and Councilmember Seo voting Karambelas; and Mayor Cruikshank voting Humber). 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 noted that there were no requests to speak. DRAFT City Council Minutes December 5, 2023 Page 10 of 11 City Manager Mihranian shared that Southern California Edison ’s (SCE) Government Affairs representative was unable to participate tonight. Councilmember Bradley requested to have the item continued to the next meeting to receive a report from the SCE Government Affairs representative. Mayor Cruikshank ordered to have the item continued to the December 19 City Council meeting. Without objection, this was so ordered. 4. Consideration and possible action to amend the Preserve Trails Plan to include a new trail within the Lay Reserve and approve donor recognition trail pilasters. (Lozano) City Clerk Takaoka reported late correspondence was distributed earlier and there were no requests to speak. Mayor Pro Tem Alegria moved to waive the staff report. Without objection, this was so ordered. Senior Administrative Analyst Katie Lozano shared Staff’s recommendations. Council Members asked questions of Staff. Mayor Pro Tem Alegria moved, seconded by Mayor Cruikshank, to approve Staff recommendation as follows: 1) Approved “Plumtree Trail” as the official name of the new trail traversing the Lay Reserve; 2) Approved the trail route and pedestrian/equestrian user designation for the Plumtree Trail traversing the Lay Reserve; and 3) Approved the size, location, and design of four donor recognition pilasters along Seascape, Golden Cove, Landslide Scarp, and Lunada Canyon Trails within the Palos Verdes Nature Preserve to recognize $100,000-level donations received by the Palos Verdes Peninsula Land Conservancy (PVPLC). The motion passed on the following roll call vote: AYES: Alegria, Bradley, Seo, and Mayor Cruikshank NOES: None ABSENT: Ferraro 5. Consideration and possible action to evaluate the City’s membership in the League of California Cities (Cal Cities). (Hunter) City Clerk Takaoka reported late correspondence was distributed earlier and there were no requests to speak. Administrative Analyst Shaunna Hunter presented a staff report and PowerPoint presentation. DRAFT City Council Minutes December 5, 2023 Page 11 of 11 Administrative Analyst Hunter introduced League of California Cities Regional Public Affairs Manager Jeff Kiernan who made brief comments and was available for questions. Discussion ensued among Council Members, and questions were asked of Regional Public Affairs Manager Kiernan. Mayor Pro Tem Alegria moved, seconded by Councilmember Seo, to approve Staff recommendation as follows: Reviewed the services provided by Cal Cities this past year, and approved the continued annual and ongoing organizational membership with Cal Cities. The motion passed on the following roll call vote: AYES: Alegria, Bradley, Seo, and Mayor Cruikshank NOES: None ABSENT: Ferraro 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 11:05 P.M., Mayor Cruikshank adjourned to 6:00 P.M. on December 19, 2023, for a Closed Session meeting followed by a 7:00 P.M. Regular meeting. __________________________ John Cruikshank, Mayor Attest: __________________________ Teresa Takaoka, City Clerk