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CC DM 20240416 A - 20240319 DRAFT CC MINSDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MARCH 19, 2024 CALL TO ORDER: An Adjourned Regular Meeting of the Rancho Palos Verdes City Council for the purpose of a Special Closed Session was called to order by Mayor Cruikshank at 5:32 P.M. at Fred Hesse Jr. Community Park, McTaggart Hall, 29301 Hawthorne Boulevard. This meeting took place both in person and remotely. Remote participation by any Councilmember was in accordance with 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: Bradley, Seo, and Alegria ABSENT: Ferraro* (excused) and Mayor Cruikshank (excused) Also present were Ara Mihranian, City Manager; Elena Gerli, City Attorney; Ramzi Awwad, Director of Public Works; Brandy Forbes, Director of Community Development; David Rasor, Building Official; Vanessa Hevener, Project Manager; John Hunter of John L. Hunter and Associates; and Christine Carson of Aleshire & Wynder. 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. 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- DRAFT- City Council Regular Minutes March 19, 2024 Page 2 of 12 0020; Claim 9589071052700684926457, settlement offer R4-2024-0018; Claim 9589071052700684926242, settlement offer R4 -2024-0012. 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 – 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 thirteen (13) cases. 5. CONFERENCE WITH LABOR NEGOTIATORS A closed session will be held, pursuant to Government Code § 54957 .6 to conduct labor negotiation regarding represented and unrepresented employees with the City Manager, Finance Director, City Attorney, and City Council, as the City’s negotiators(s). At 5:36 P.M. the Council recessed to Closed Session. *Councilmember Ferraro and Mayor Cruikshank joined the Closed Session meeting in the Fireside Room at 5:36 P.M. RECONVENE TO REGULAR MEETING: At 7:14 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 was called to order by Mayor Cruikshank at 7:14 P.M. at Fred Hesse Jr. 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, Ferraro, Seo, Alegria, and Mayor Cruikshank (via remote) ABSENT: None DRAFT- City Council Regular Minutes March 19, 2024 Page 3 of 12 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; Katie Lozano, Senior Administrative Analyst; Amy Seeraty, Senior Planner; Shaunna Hunter, Administrative Analyst; Enyssa Sisson, Deputy City Clerk; and Teresa Takaoka, City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by students from Vista Grande Elementary School. CLOSED SESSION REPORT: City Attorney Gerli reported on the Regular Meeting Closed Session items one through five. City Attorney corrected Item 5 to read: pursuant to Government Code § 54957.6 to conduct labor negotiation regarding represented and unrepresented employees with the City Manager, Finance Director, City Attorney, and City Council, as the City’s negotiators(s). As to all the closed session items, the matters were dis cussed, direction provided, and no reportable action was taken. MAYOR’S ANNOUNCEMENTS: Mayor Alegria presented certificates of recognition to three 3rd grade classrooms at Vista Grande Elementary School (Mrs. Dunn’s; Mrs. Bray and Mrs. Colvin’s respectively) for their initiative in learning about their local government. City Clerk Takaoka introduced David Kochen, Human Services Administrator II with the Los Angeles County Aging & Disabilities Department who provide information relating to resources available to our senior and disabled community. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Councilmember Bradley moved, seconded by Councilmember Seo, to approve the Recycle Winners for February 20, 2024, Don and Jan Van Buren, and Velia Wesson. The winners will each receive a check for $250 as well as a personal emergency preparedness kit from the City valued at $40. ROLL CALL: City Council roll call was answered as follows: PRESENT: Bradley, Ferraro, Seo, Alegria, and Mayor Cruikshank ABSENT: None APPROVAL OF THE AGENDA: Councilmember Bradley moved, seconded by Councilmember Ferraro, to approve the agenda as presented. DRAFT- City Council Regular Minutes March 19, 2024 Page 4 of 12 The motion passed on the following roll call vote: AYES: Bradley, Ferraro, Seo, Alegria, and Mayor Cruikshank NOES: None PUBLIC COMMENTS FOR NON-AGENDA ITEMS: City Clerk Takaoka reported that there were two requests to speak. The following members of the public addressed the City Council: Merlin David and Carol Mueller. CITY MANAGER REPORT: City Manager Mihranian provided updates on the following: Ladera Linda Community Park Grand Opening; Housing Element and Rezoning Virtual Open House; Applications now being accepted for the upcoming Leadership Academy; Ways to verify a licensed Contractor; Free Amateur Radio Course on May 11 and 18; Palos Verdes Peninsula CERT info session on March 28 at 7:00 P.M.; Stow before you go; Drive-thru shredding event on April 6 at 8:00- 11:00 A.M; Brush clearing days on April 6, 13 ,20, 27 and May 4; Whale of a Day bookmark contest due on March 22; Whale of a Day event on April 13 at 10 A.M- 4 P.M.; and wish all who celebrate a Happy Nowruz, a Happy Ramadan, and a Happy Easter. CONSENT CALENDAR: City Clerk Takaoka noted that late correspondence was distributed for Items G and K and there was one request to speak on item G. Councilmember Bradley moved, seconded by Councilmember Seo, to approve the Consent Calendar without item G. The motion passed on the following roll call vote: AYES: Bradley, Ferraro, Seo, Alegria, and Mayor Cruikshank NOES: None A. Approval of Minutes (Sisson) Approved the Minutes of February 20, 2024, Special and Regular Meetings. B. Registers of Demands (Mata) 1) Adopted Resolution No. 2024-08, 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 DRAFT- City Council Regular Minutes March 19, 2024 Page 5 of 12 PAID (check run dated 02162024); and 2) Adopted Resolution No. 2024-09, 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 03012024). C. Consideration and possible action regarding a claim against the City by Richard, Rommel, and Rex Guinto. (Sisson) 1) Rejected the claim and directed Staff to notify the claimant, Richard, Rommel, and Rex Guinto. D. Consideration and possible action regarding a claim against the City by Kevin Cogan. (Sisson) Rejected the claim and directed Staff to notify the claimant, Kevin Cogan. E. Consideration and possible action regarding a claim against the City by Patrizia Marras. (Sisson) Rejected the claim and directed Staff to notify the claimant, Patrizia Marras. F. Consideration and possible action to submit the 2023 Annual General Plan Update Report on implementing the Rancho Palos Verdes General Plan to the appropriate state agencies. (Giang) Authorized Staff to forward the City’s Annual General Plan Progress Report on the status of the implementation of the Rancho Palos Verdes General Plan during the 2023 calendar year to the Governor’s Office of Planning and Research (OPR) and the California Department of Housing and Community Development (HCD). G. Consideration and possible action to forward the 2023 Housing Element Annual Progress Report to the appropriate state agencies. (Giang) This item was removed for separate consideration. H. Consideration and possible action to approve a Fee Waiver request for a Special Use Permit to the expand wedding ceremony operations of the Catalina View Event Garden (Case No. PLSU2024-0001).(Silva) Approved the Applicant’s request to waive fees for a Special Use Permit to temporarily expand operations of the Catalina View Event Garden associated with the Point View Master Use Plan Conditional Use Permit in order to conduct additional wedding ceremonies for the 2024 and 2025 calendar years (Case No. PLSU2024 -0001). I. Consideration and possible action on the South Bay Cities Council of Governments (SBCCOG) proposed dues increase. (Hunter) DRAFT- City Council Regular Minutes March 19, 2024 Page 6 of 12 1) Received and filed Notice of Intent to Consider an annual dues increase to member cities of SBCCOG; 2) Approved the SBCCOG’s proposed dues increase of 3.5% for FY 2024-25 based on the Consumer Price Index (CPI) and an annual CPI increase every fiscal year, following the respective annual CPI, with a cap (a maximum increase limit) of 5%; and 3) Directed Staff to notify the SBCCOG of the City Council’s approved dues increase before the April 25, 2024 Board Meeting J. Consideration and possible action to receive the Fiscal Year (FY) 2022-23 Annual Comprehensive Financial Report (ACFR) of the City of Rancho Palos Verdes. (Ramos) 1) Received and filed the FY 2022-23 ACFR of the City of Rancho Palos Verdes; 2) Received and filed the FY 2022-23 Statements on Auditing Standards (SAS 114 Letter) from Independent Auditors to those Charged with Governance; and 3) Received and filed the FY 2022-23 Independent Auditors’ Report on Internal Control over Financial Reporting, Compliance, and other Matters in accordance with Government Audit Standards (GAS Letter). K. Consideration and possible action to amend classification titles and compensation schedules for all full-time and part-time City-employed personnel. (Jacinto) 1) Received and filed the Public Sector Personnel Consultants’ (PSPC) Classification and Compensation Study; 2) Received and filed the organizational charts for each department reflecting staff proposed modifications throughout the organization, including new positions, title changes and reclassifications to enhance and improve the efficacy and efficiency of providing City services; 3) Approved an additional budget appropriation of $162,900 to implement the proposed changes to the organizational charts including new, retitled, and reclassified positions and adjust five positions to the new minimum pay range to be within the 75 th percentile of agreed market study retroactive to July 1, 2023; 4) Authorized the City Manager to allocate no more than $120,000 of unspent compensation budget to potentially move high -performing employees who rank “exceptional” on their annual evaluation within their new pay range up to 5% for Fiscal Year 2023-24 (one-time only) in addition to receiving a cost- of-living adjustment (COLA) and an annual performance evaluation merit increase for current Rancho Palos Verdes Employees Association (RPVEA) members and Management and Confidential employees for FY 2023 -24 retroactive to July 1, 2023; 5) Adopted Resolution No. 2024-10, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING AND RESTATING CLASSIFICATION TITLES, NEW POSITIONS, AND SALARY AND HOURLY PAY SCHEDULES FOR THE COMPETITIVE, MANAGEMENT, CONFIDENTIAL, AND PART-TIME CLASSIFICATION, THEREBY SUPERSEDING THE CITY SALARY AND PAY SCHEDULE IN RESOLUTION NO. 2023-31 EXHIBIT A; 6) Adopted Resolution No. 2024-11, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ACCEPTING, APPROVING, ADOPTING, AND THEREBY AUTHORIZING THE CITY MANAGER TO SIGN A SECOND AMENDMENT TO THE CITY’S MEMORANDUM OF UNDERSTANDING (MOU) WITH THE RPVEA FOR THE PERIOD JULY 1, 2022 THROUGH JUNE 30, 2025 TO DRAFT- City Council Regular Minutes March 19, 2024 Page 7 of 12 UPDATE CLASSIFICATION TITLES, NEW POSITIONS, AND PAY SCHEDULES EFFECTIVE RETROACTIVE TO JULY 1, 2023; and 7) Adopted Resolution No. 2024- 12, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ACCEPTING, APPROVING, ADOPTING, AND THEREBY AUTHORIZING THE CITY MANAGER TO SIGN A SECOND AMENDMENT TO THE CITY’S MOU WITH THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES DISTRICT COUNCIL 36 (AFSCME DC36) FOR THE PERIOD JULY 1, 2023 THROUGH JUNE 30, 2025 TO UPDATE CLASSIFICATION TITLES , NEW POSITIONS, AND HOURLY PAY SCHEDULE. L. Consideration and possible action to approve Amendment No. 3 to the Professional Services Agreement (PSA) with Houston/Tyner for the Restroom Improvements Project at the Point Vicente Interpretive Center (PVIC).(O’Neill/Copp) 1) Approved Amendment No. 3 to the PSA with Houston/Tyner to add construction support services to the scope of services for the Restroom Improvements Project at the PVIC, in the not-to-exceed amount of $10,500, increasing the contract sum from $35,600 to $46,100; and 2) Authorized the Mayor and City Clerk to execute the Amendment in a form approved by the City Attorney. ITEM G At this time attempts were made to hear the speaker for item G to no avail so this item was placed at the end of the agenda. PUBLIC HEARINGS: None. REGULAR BUSINESS: 1. Consideration and possible action to receive a report on the Portuguese Bend Landslide Complex. (Awwad) City Clerk Takaoka reported that late correspondence was distributed and there were 23 requests to speak. City Manager Mihranian provided a brief overview and introduced the City’s Geologist Mike Phipps, Cotton Shires and Associates. Geologist Phipps presented a comprehensive report and PowerPoint presentation regarding the landslide’s progression. Discussion ensued among Council Members and questions were asked of Staff. DRAFT- City Council Regular Minutes March 19, 2024 Page 8 of 12 Senior Administrative Analyst Lozano shared a PowerPoint presentation focusing on the trails in the landslide area. Discussion ensued among Council Members and questions were asked of Staff. Director of Public Works Awwad shared a staff report and PowerPoint presentation on various ongoing activities. He then introduced Neven Matasovic, PhD, PE, GE of Geo Logic Associates, Inc. Dr. Matasovic shared a PowerPoint presentation and discussed how the installation of two emergency hydraugers could work in the Portuguese Bend landslide complex area. Discussion ensued among Council Members and questions were asked of Staff. The following members of the public addressed the City Council: Eric Johnson, Kathy LaBarbera, Oliver Hazard, Randee Wood, Joel Dime, Steve Hinchliffe, Steve Cummins, Mois Mahyar, Ann Lineberger, John Moeller, Kaaren I. Hoffman, Nikki Noushkam, Evelyn Booth, Allison Wolcott, Robert Bogdanovich, Larry Maizlish, Eva Albuja, and Chad Dime. The following members left a pre-recorded voicemail: Tashia Hinchliffe, Frank Chindamo, and Elliot Levy. The following members had comments read into the record: Tony Buesing, Dennis Jaconi, and David and Shelly Roth. Discussion ensued among Council Members and questions were asked of Staff. Councilmember Bradley moved, seconded by Councilmember Seo, 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 ) Building inspections in the landslide area; e) Portuguese Bend Landslide Remediation Project and associated grants; f) The City’s request to the Governor to declare a State of Emergency for the Greater Portuguese Bend Landslide Complex; 2) Approved plans for emergency work in the Portuguese Bend Landslide consisting of installing two emergency hydraugers with arrays and associated work, and directed Staff to return with a construction contract for City Council consideration at the April 2, 2024 meeting; 3) Direct ed Staff to explore assisting the Abalone Cove Landslide Abatement District and the Klondike Canyon Landslide Abatement District with in-kind services and financial assistance in the form of a loan for landslide mitigation measures prepared by a licensed geotechnical engineering company and return to the April 2, 2024 meeting for the City Council’s consideration; 4) Adopted Resolution No. 2024-13, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES THEREBY CONTINUING THE LOCAL EMERGENCY DECLARATION BY 60 DAYS UNTIL MAY DRAFT- City Council Regular Minutes March 19, 2024 Page 9 of 12 18, 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, RESOLUTION NO. 2023-61 ADOPTED ON DECEMBER 19, 2023, AND RESOLUTION NO. 2024-05 ADOPTED ON FEBRUARY 6, 2024; and 5) Pursuant to the City Council proclaimed Local Emergency, authorize increasing the City Manager’s signing authority by 100% for ratification by the City Council within 7 days of said action for an additional appropriation of $1.25 Million thereby increasing the budget to $2.5 million. The motion passed on the following roll call vote: AYES: Bradley, Ferraro, Seo, Alegria, and Mayor Cruikshank NOES: None Councilmember Ferraro left the meeting at 10:03P.M. Mayor Cruikshank called for a brief recess at 10:03 P.M. Without objection, it was so ordered. The meeting was reconvened at 10:13 P.M. 2. Consideration and possible action to oppose AT&T’s application with the California Public Utilities Commission (CPUC) to remove its landline obligations. (Hunter) City Clerk Takaoka there were two requests to speak. Councilman Bradley moved to waive the staff report. Without objection, this was so ordered. The following members of the public addressed the City Council: Carol Mueller and Larry Maizlish. Discussion ensued among Council Members. Councilmember Bradley moved, seconded by Councilman Seo, to approve Staff recommendations as follows: 1) Received and filed a report on AT&T’s application with the CPUC to remove its Carrier of Last Resort (COLR) obligation and remove its designation as an Eligible Telecommunications Carier (ETC); and 2) authorized the Mayor to sign a letter of opposition to AT&T’s application with the CPUC. The motion passed on the following roll call vote: AYES: Bradley, Seo, and Mayor Pro Tem Alegria NOES: Cruikshank ABSENT: Ferraro 3. Consideration and possible action to update the ParkMobile parking solution along Crenshaw Boulevard. (Lozano/Trautner) DRAFT- City Council Regular Minutes March 19, 2024 Page 10 of 12 City Clerk Takaoka reported that late correspondence was distributed and there were no requests to speak. Councilman Bradley moved to waive the staff report. Without objection, this was so ordered. Councilman Bradley moved, seconded by Councilmember Seo, to approve Staff recommendations as follows: 1) Received and filed a status update on the implementation of the ParkMobile parking solution along Crenshaw Boulevard; 2) Approved modifications to the Residential Recreational Parking Program on Park Place; and 3) Authorized Staff to install a sign recognizing the land dedication to the City by the National Park Service (NPS) at Del Cerro Park as required by the Program of Utilization (POU) dated March 1, 1976. 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 approve the Second Amendment of the Professional Service Agreement for lobbyist services with Renne Public Policy Group (RPPG). (Hunter) City Clerk Takaoka reported that there were no requests to speak. Discussion ensued among Council Members and questions were asked of Staff. Mayor Cruikshank moved, seconded by Councilmember Bradley, to approve Staff recommendations as amended: 1) Approved Amendment No. 2 to the Professional Services Agreement with RPPG, extending the term to February 28, 2025 and increasing the contract sum from $112,000 to $168,000; and 2) Authorized the Mayor and City Clerk to execute the Amendment in a form approved by the City Attorney ; and 3) Directed staff to return with a proposal for national lobbyist firms for Federal professional lobbying services at a future meeting. The motion passed on the following roll call vote: AYES: Bradley, Alegria, and Mayor Cruikshank NOES: Seo ABSENT: Ferraro 5. Consideration and possible action to introduce an ordinance recodifying the Rancho Palos Verdes Municipal Code (RPVMC). (Takaoka) City Clerk Takaoka reported that there were no requests to speak and there were no late correspondence. DRAFT- City Council Regular Minutes March 19, 2024 Page 11 of 12 Mayor Pro Tem Alegria moved to waive the staff report. Without objection, this was so ordered. Councilmember Bradley moved, seconded by Councilmember Seo, to approve Staff recommendations as follows: Adopted for first reading Ordinance No. 677, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ENACTING A NEW CODE FOR THE CITY OF RANCHO PALOS VERDES, CALIFORNIA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. The motion passed on the following roll call vote: AYES: Bradley, Seo, Alegria, and Mayor Cruikshank NOES: None ABSENT: Ferraro CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: G. Consideration and possible action to forward the 2023 Housing Element Annual Progress Report to the appropriate state agencies. (Giang) City Clerk Takaoka reported that there was one request to speak. The following member of the public, Ben Eilenberg, was not available during this time to speak on this item. Councilmember Bradley moved, seconded by Councilmember Seo, to approve Staff recommendations as follows: Authorized Staff to forward the City’s Annual Progress Report on the implementation of the Rancho Palos Verdes Housing Element during the 2023 calendar year to the Governor’s Office of Planning and Research (OPR) and the California Department of Housing and Community Development (HCD). The motion passed on the following roll call vote: AYES: Bradley, Seo, Alegria, and Mayor Cruikshank NOES: None ABSENT: Ferraro CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER: None. FUTURE AGENDA ITEMS: None. DRAFT- City Council Regular Minutes March 19, 2024 Page 12 of 12 CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. ADJOURNMENT: At 10:22 P.M., Mayor Pro Tem Alegria adjourned to April 2, 2024 for a Closed Session meeting followed by a 7:00 P.M. Regular meeting. _______________________________ John Cruikshank, Mayor Attest: __________________________ Teresa Takaoka, City Clerk