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CC DM 20240220 A - DRAFT CC MINSDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING AND SPECIAL IMPROVEMENT AUTHORITY FEBRUARY 6, 2024 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 5:36 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: Seo, Alegria, and Mayor Cruikshank ABSENT: Bradley* and Ferraro (excused) Also present were Ara Mihranian, City Manager; Elena Gerli, City Attorney; Ramzi Awwad, Director of Public Works, Vanessa Hevener, Project Manager; John Hunter of John L. Hunter and Associates; and Brandy Forbes, Director of Community Development. 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 – ANTICIPATED LITIGATION A closed session will be held, pursuant to Government Code §54956.9(d)(4) because the City is considering whether to initiate litigation in one case. 2. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION CITY OF GRANTS PASS V. JOHNSON (Supreme Court Case No. 23-175) The City Council will conduct a closed session, pursuant to Government Code 54956.9(d)(1) and (d)(4). The City Council will confer with the City Attorney DRAFT City Council Regular Minutes February 6, 2024 Page 2 of 10 regarding the City’s possible participation in an amicus brief in on the Merits in the following case: Gloria Johnson, et al. v. City of Grants Pass (U.S. Supreme Court Case No. 23-175; US Court of Appeals for the Ninth Circuit Case No. 20- 35752; 20-35881; US District Court for the District of Oregon Case No. 1:18-cv- 01823-CL.) 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 (c)(1) because there is a significant exposure to litigation in two (2) cases 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 – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to § 54956.9(b), (c), (d)(2): (5 potential cases): Regional Board threatened litigation Claim 9589071052700684926334, settlement offer R4-2024-0014; Claim No. 9589071052700684926273, settlement offer R4-2024-0013; Claim 9589071052700684926518, settlement offer R4-2024-0020; Claim 9589071052700684926457, settlement offer R4 - 2024-0018; Claim 9589071052700684926242, settlement offer R4-2024-0012. 5. 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. At 5:39 P.M. the Council recessed to Closed Session. *Councilmember Bradley joined the Closed Session at 6:30 P.M. RECONVENE TO REGULAR MEETING: At 7:15 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 Cruikshank at 7:15 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: DRAFT City Council Regular Minutes February 6, 2024 Page 3 of 10 PRESENT: Bradley, Seo, Alegria, and Mayor Cruikshank ABSENT: 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; Jeremiah Sunwoo, Associate Engineer; Katie Lozano, Senior Administrative Analyst; Jesse Villalpando, Senior Administrative Analyst; Andrew Berg, Recreation Supervisor; Enyssa Sisson, Deputy City Clerk; and Teresa Takaoka, City Clerk. Also present was Captain Kimberly Guerrero of the Lomita Sheriff’s Station. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Seo. CLOSED SESSION REPORT: City Attorney Gerli reported that the City Council met in Closed Session to discuss five items. Item one, under Government Code 54956.9(d)(4), was discussed and no action was taken. Item two, relating to the City of Grants Pass v. Johnson Supreme Court case, the City Council decided to refrain from joining the amicus brief and the vote was unanimous with a vote of 3-0 (Bradley and Ferraro absent). Item three had two items to consider. One item was continued to the March 19 meeting and the second item was discussed and no reportable action was taken. Item four was discussed, and no reportable action was taken. Item five was not discussed and was continued to the February 20 meeting. City Attorney Gerli announced that Councilmember Bradley Joined Closed Session at 6:30 p.m. MAYOR’S ANNOUNCEMENTS: Mayor Cruikshank shared that longtime resident and former Palos Verdes Peninsula Unified School District Board Member Malcolm Schalick Sharp had passed away and he would like to adjourn the meeting in his memory. Mayor Cruikshank announced the retirement of Captain Powers of Lomita Sheriff’s Station and thanked him for his service and many accomplishments during his time with the City. Mayor Cruikshank announced the retirement of Principal Engineer of the Public Works Department Ron Dragoo and thanked him for his many accomplishments during his time with the City. DRAFT City Council Regular Minutes February 6, 2024 Page 4 of 10 Mayor Cruikshank announced the retirement of Senior Accounting Technician of the Finance Department Selena Wright and thanked her for her many accomplishments during her time with the City. City Clerk Takaoka introduced Jennifer Bullard, Director of Government Affairs with Cox Communications, who provided a brief introduction and overview of her role. City Clerk Takaoka announced Ian May, Special Assistant, Field Deputy with Los Angeles County Office of the Assessor Jeff Prang, who shared valuable information related to storm damage relief for property owners as available through the County. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Cruikshank, by order of affirmation, noted the Recycle Winners for February 6, 2024, were Lisa Jaksic and Margaret Avineri. The winners will receive a check for $250 as well as 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 were three requests to speak. The following members of the public addressed the City Council: Yogi Matharu, Kitty Callahan, and Merlin David. CITY MANAGER REPORT: City Manager Mihranian provided updates on the following: Highlighted storm roundup; thanked the Public Works Department and Staff for their invaluable assistance in helping prepare for the upcoming storms; swale maintenance reminder; Ways to receive storm updates; Emergency preparedness resources; MyShake app; AARP Tax-Aide; Eastview Dog Park Temporary Closure; Sweet Puppy Love Valentine’s Party on February 10 at 10 A.M.; February 14 is Valentine’s Day; February is Black History Month; and extended a Happy Lunar New Year to all those who celebrate. DRAFT City Council Regular Minutes February 6, 2024 Page 5 of 10 City Manager Mihranian introduced Captain Guerrero who provided a Quarterly Law Enforcement Update. CONSENT CALENDAR: 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: Bradley, Seo, Alegria, and Mayor Cruikshank NOES: None ABSENT: Ferraro A. Approval of Minutes (Sisson) Approved the Minutes of January 16, 2024, Regular Meeting. B. Registers of Demands (Mata) 1) Adopted Resolution No. 2024-02, 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 (check run dated 20240105); 2) Adopted Resolution No. 2024-03, 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 (check run dated 20240119); and 3) Adopted Resolution No. IA 2024-01, 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 December 2023 Cash Balances/Monthly Treasurer’s Report. (Lin) Received and filed the December 2023 Cash Balances/Monthly Treasurer’s Report for the City and the Improvement Authority. D. Consideration and possible action to receive a status report on the City's grant program with the Palos Verdes Peninsula Land Conservancy (PVPLC) for acacia removal throughout the City. (Hevener) Received and filed a status report on the City’s grant program with PVPLC for acacia removal throughout the City. E. Consideration and possible action to approve Amendment No. 4 to the Employment Agreement with City Manager Mihranian. (Huston) DRAFT City Council Regular Minutes February 6, 2024 Page 6 of 10 Adopted Resolution No. 2024-04, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, APPROVING AMENDMENT NO. 4 TO THE EMPLOYMENT AGREEMENT WITH CITY MANAGER MIHRANIAN. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: None. PUBLIC HEARINGS: 1. Consideration and possible action to approve the Fiscal Year 2024 -25 Community Development Block Grant (CDBG) Project. (Sunwoo) 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 Cruikshank 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 Cruikshank declared the public hearing closed. Mayor Pro Tem Alegria moved, seconded by Councilmember Bradley, to approve Staff recommendations with modifications as follows: 1) Approved the proposed FY 2024-25 CDBG Project; 2) Directed Staff to change curb ramp locations from Crestwood and Western to Indian Peak Road and 3) Directed Staff to review alternative projects to fund including assisting the two Geologic Hazard Abatement Districts (GHAD) and/or arterial wall repairs, and to come back to the Council in the future. The motion passed on the following roll call vote: AYES: Bradley, Seo, Alegria, and Mayor Cruikshank NOES: None ABSENT: Ferraro REGULAR BUSINESS: 2. Consideration and possible action to receive an update report and to extend the local emergency declaration for the greater Portuguese Bend Landslide Complex. (Awwad) DRAFT City Council Regular Minutes February 6, 2024 Page 7 of 10 City Clerk Takaoka reported that late correspondence was distributed and there were six requests to speak. City Manager Mihranian provided a brief overview and introduced the Director of Public Works, who in turn introduced the City Geologist, Mike Phipps of Cotton Shires and Associates. City Geologist Phipps presented a staff report and PowerPoint presentation. Discussion ensued among Council Members and questions were asked of City Geologist Phipps and Staff. Director of Public Works Awwad introduced Senior Administrative Analyst Lozano, who presented a summary report and PowerPoint presentation on the condition of trails and the Palos Verdes Nature Preserve in response to the landslide. Director of Public Works Awwad presented a summary report and PowerPoint presentation. The following members of the public addressed the City Council: Agustin Baeza (Cal Water), Nikki Noushkam, Eva Albuja, Kit Song, and David Roth (comments read into the record); Molly Lowe-White (via a pre-recorded voicemail.) Discussion ensued among Council Members and questions were asked of City Geologist Phipps and Staff. Councilmember Bradley moved, seconded by Mayor Cruikshank, to approve Staff recommendations as amended: 1) Received and filed an update on: a) Current conditions from the City Geologist on the Portuguese Bend Landslide Complex; b) Current trail conditions impacted by the Portuguese Bend Landslide Complex within the Palos Verdes Nature Preserve; c) Project activities responding to land movement within the Portuguese Bend Landslide Complex; d ) Landslide movement monitoring; e) Reimbursement requests to the Federal Emergency Management Agency (FEMA) for landslide activities in response to the California Severe Winter Storms disaster for the 2022-23 winter rain season; f) Information on eminent domain; g) Emergency preparedness activities; h) City engagement with state and federal officials regarding the Portuguese Bend Landslide Complex; 2) Adopt ed Resolution No. 2024-05, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES THEREBY CONTINUING THE LOCAL EMERGENCY DECLARATION BY 60 DAYS UNTIL APRIL 6, 2024 AS ESTABLISHED BY RESOLUTION NO. 2023-47 ADOPTED ON OCTOBER 3, 2023, EXTENDED BY RESOLUTION NO. 2023-56 ADOPTED ON NOVEMBER 14, 2023, AND EXTENDED BY RESOLUTION NO. 2023-61 ADOPTED ON DECEMBER 19, 2024; 3) Directed Staff to come back with a status report and action plan to accelerate the completion of the City’s Portuguese Bend Landslide Remediation project and project EIR for completion and certification consideration; 4) Accelerate work in the greater Portuguese Bend Landslide Complex; 5) Directed Staff to research possible funding resources from county, state, and federal partners; 6) DRAFT City Council Regular Minutes February 6, 2024 Page 8 of 10 Directed Staff to research possible ways to approach the Governor on requesting a state of emergency for the City; and 7) Requested Staff to include the City of Rolling Hills as a part of future discussions. 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 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. Government Relations Manager Celina Luna presented a report and PowerPoint presentation. Discussion ensued among Council Members. Mayor Pro Tem Alegria moved, seconded by Councilmember Seo, to approve Staff recommendations as follows: 1) Received and filed the progress update report from Southern California Edison (SCE) on addressing frequent power outages in the Grandview Estates neighborhood; and 2) Authorized SCE's request to defer its next detailed progress report to June 2024 contingent upon SCE's commitment to address any emergent issues promptly if they arise before the scheduled update and in coordination with the City Manager. The motion passed on the following roll call vote: AYES: Bradley, Seo, Alegria, and Mayor Cruikshank NOES: None ABSENT: Ferraro Mayor Pro Tem Alegria moved to extend the meeting to 10:45 P.M., without objection it was so ordered. 4. Consideration and possible action to receive a report on the planned Peninsula-wide safety drill. (Villalpando) City Clerk Takaoka reported that there were no requests to speak. Senior Analyst Villalpando presented a brief report and PowerPoint presentation. Discussion ensued among Council Members and questions were asked of Staff. DRAFT City Council Regular Minutes February 6, 2024 Page 9 of 10 Mayor Cruikshank moved, seconded by Councilmember Seo, to approve Staff recommendations as follows: Received and filed the status report on ongoing preparation for the planned Peninsula-wide safety drill scheduled for 2024. 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 regarding drone light show for the City’s 2024 Fourth of July celebration. (Berg) City Clerk Takaoka reported there were no requests to speak. Director of Recreation and Parks Linder introduced Recreation Program Supervisor Berg, who presented a brief report and PowerPoint presentation. Discussion ensued among Council Members. Mayor Pro Tem Alegria moved, seconded by Mayor Cruikshank, to approve Staff recommendations as follows: 1) Affirmed conducting a drone light show for the City’s 2024 Fourth of July celebration; 2) Selected utilizing 150 drones and entering into a three-year agreement as its preferred option; and 3) Directed Staff to secure Sky Elements, LLC for the preferred drone light show and for the preferred term, and to return with the Professional Services Agreement at a future meeting as a consent calendar item for Council consideration. The motion passed on the following roll call vote: AYES: Seo, Alegria, and Mayor Cruikshank NOES: Bradley ABSENT: Ferraro CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER: None. FUTURE AGENDA ITEMS: Mayor Cruikshank indicated that he would not be in attendance at the March 5 City Council meeting, Councilmember Bradley, and Mayor Pro Tem Alegria are also unavailable the City Council meeting of March 5. Thus, the March 5 City Council meeting will be canceled due to lack of a quorum. CITY COUNCIL ORAL REPORTS: DRAFT City Council Regular Minutes February 6, 2024 Page 10 of 10 Each Council Member present reported on his/her attendance at various organization and association meetings. ADJOURNMENT: At 10:39 P.M., Mayor Cruikshank adjourned to February 20, 2024, for a Closed Session Meeting, followed by a Regular meeting at 7:00 P.M. Mayor Cruikshank adjourned the meeting in honor and memory of Malcolm Schalick Sharp. _______________________________ John Cruikshank, Mayor Attest: __________________________ Teresa Takaoka, City Clerk