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CC DM 20240521 A - 20240507 DRAFT CC MINS DRAFT MINUTES ADJOURNED REGULAR MEETING OF THE RANCHO PALOS VERDES CITY COUNCIL AND MEETING OF THE IMPROVEMENT AUTHORITY MAY 7, 2024 CALL TO ORDER: An Adjourned Regular Meeting of the Rancho Palos Verdes City Council for the purpose of a Closed Session was called to order by Mayor Cruikshank at 6:01 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 Mayor Cruikshank ABSENT: Alegria *(excused) Ferraro* (excused in Fireside room) Also present were Ara Mihranian, City Manager; Elena Gerli, City Attorney; 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 Significant exposure to litigation pursuant to § 54956.9(c), (d)(2), and (e)(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. 2. 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: CONJUNCTION JUNCTION, LLC vs. DRAFT- City Council Regular Minutes May 7, 2024 Page 2 of 12 Rancho Palos Verdes,Los Angeles County Superior Court Case No. 23STCP02886. 3. 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). 4. PENDING LITIGATION – POTENTIAL LITIGATION AGAINST THE CITY GC 54956.9(d)(2) and (e)(1) A point has been reached where, in the opinion of the City Council on the advice of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation against the City in one (1) case. 5. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION GC SECTION 54956.9(d)(2) and (e)(1) A closed session will be held, pursuant to Government Code § 54956.9(d)(2) 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 to be unknown to the putative plaintiff(s). At 6:04 P.M. the Council recessed to Closed Session. *Councilmember Ferraro joined the Closed Session meeting in the Fireside Room at 6:04 P.M. RECONVENE TO REGULAR MEETING: At 7:03 P.M. the Closed Session was reconvened to the Regular meeting. REGULAR MEETING – OPEN SESSION CALL TO ORDER: An Adjourned Regular meeting of the Rancho Palos Verdes City Council and Improvement Authority Meeting was called to order by Mayor Cruikshank at 7:03 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: DRAFT- City Council Regular Minutes May 7, 2024 Page 3 of 12 PRESENT: Bradley, Ferraro, Seo, and Mayor Cruikshank ABSENT: Alegria 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; Jason Loya, Senior Administrative Analyst; Senior Administrative Analyst, Shaunna Hunter; Enyssa Sisson, Deputy City Clerk; and Teresa Takaoka, City Clerk. Also present was Sergeant Tina McCoy of the Lomita Sheriff’s Station. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Girl Scout Junior Troop 485. MAYOR’S ANNOUNCEMENTS: Mayor Cruikshank presented a certificate of recognition to Girl Scout Junior Troop 485 at Cornerstone Elementary for their initiative in learning about their local government. CLOSED SESSION REPORT: City Attorney Gerli reported that City Council met in Closed Session to discuss five items. Item one, no update was provided and this item was continued to the May 21 City Council meeting. Item two, corrected its case name to Conjunction Junction vs. Rancho Palos Verdes, Los Angeles County Superior Court Case No. 23STCP02886, an update was provided and no reportable action was taken. Item three, an update was provided and no reportable action was taken. Item four, an update was provided and direction was given, but no reportable action was taken. Item five, was taken off the calendar. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Cruikshank, by order of affirmation, noted the Recycle Winners for April 16, 2024, were Michael Beck and Gabriel Miro. The winners will each receive a check for $250 as well as a personal emergency preparedness kit from the City valued at $40. APPROVAL OF THE AGENDA: Councilmember Ferraro moved, seconded by Councilmember Seo, to approve the agenda as presented. The motion passed on the following roll call vote: AYES: Bradley, Ferraro, Seo, and Mayor Cruikshank NOES: None DRAFT- City Council Regular Minutes May 7, 2024 Page 4 of 12 ABSENT: Alegria PUBLIC COMMENTS FOR NON-AGENDA ITEMS: City Clerk Takaoka reported that there were three requests to speak. The following members of the public addressed the City Council: Merlin David, Yogi Matham, and Judy Frankel. CITY MANAGER REPORT City Manager Mihranian provided updates on the following: Thank you Staff and Docents for putting together a wonderful and memorable Whale of a Day; Earth Week at Peninsula High School; Peninsula Friends of the library celebrated Armenian Heritage Month celebration; Kids to Parks Day on May 18 at 10 A.M.- 12 P.M.; Update on the Status of SB-9; Southern California Edison is offering bill assistance options for its customers; Wildfire preparedness week; National Fallen Firefighters Memorial weekend; Peace Officers Memorial Day; Apply to various advisory committees by May 10; Jewish American Heritage Month; Asian Pacific American Heritage Month; wished a Happy Mother’s day; and wished Councilmember Ferraro a Happy Birthday. CONSENT CALENDAR: City Clerk Takaoka noted that late correspondence was distributed for Item M and there were no requests to speak. Councilmember Bradley requested to pull Items D and N. Councilmember Ferrao moved, seconded by Councilmember Bradley, to approve the Consent Calendar as presented with the exception of items D and N. The motion passed on the following roll call vote: AYES: Bradley, Ferraro, Seo, and Mayor Cruikshank NOES: None ABSENT: Alegria A. Approval of Minutes (Sisson) Approved the Minutes of April 16 (Regular Meeting) and April 29 (CIP Workshop). B. Registers of Demands (Mata) 1) Adopted Resolution No. 2024-18, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ALLOWING CERTAIN CLAIMS AND DRAFT- City Council Regular Minutes May 7, 2024 Page 5 of 12 DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID; and, 2) Adopted Resolution No. IA 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. C. Consideration and possible action to approve a professional services agreement with Brightview Landscaping for trail vegetation clearing services. (Lozano) 1) Approved a professional services agreement with Brightview Landscaping for trail vegetation clearing services in an amount not to exceed $27,000 to be completed by June 30, 2024; and, 2) Authorized the Mayor and City Clerk to execute the agreement in a form approved the City Attorney. D. Consideration and possible action to approve Amendment No. 2 to the Professional Services Agreement with Willdan Engineering to continue providing services to the Community Development Department. (Garrett) This item was removed for separate consideration. E. Consideration and possible action to adopt an ordinance establishing permissible uses of the official seal of the City of Rancho Palos Verdes. (Gerli) Adopted Ordinance No. 679, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, ADDING CHAPTER 1.20 (CITY SEAL) TO TITLE 1 (GENERAL) OF THE RANCHO PALOS VERDES MUNICIPAL CODE ESTABLISHING PERMISSIBLE USES OF THE OFFICIAL SEAL OF THE CITY OF RANCHO PALOS VERDES F. Consideration and possible action regarding a claim against the City by Eric Ehlers. (Sisson) Rejected the claim and directed Staff to notify the claimant, Eric Ehlers. G. Consideration and possible action regarding a claim against the City by Adriana Nohemi Romero-Segura. (Sisson) Rejected the claim and directed Staff to notify the claimant, Adriana Nohemi Romero- Segura. H. Consideration and possible action regarding a claim against the City by Hortencia Garcia.(Sisson) Rejected the claim and directed Staff to notify the claimant, Hortencia Garcia. I. Consideration and possible action to receive the 2023 City Employee Compensation and Benefit Analysis Report. (Ramos) DRAFT- City Council Regular Minutes May 7, 2024 Page 6 of 12 Received and filed the 2023 City Employee Compensation and Benefit Analysis Report for the calendar year ending December 31, 2023. J. Consideration and possible action regarding a claim against the City by John Lu. (Sisson) Rejected the claim and directed Staff to notify the claimant, John Lu. K. Consideration and possible action to approve a professional services agreement with McGee Surveying Consulting to perform surveying services and mapping within the City’s Wildlife Corridor. (Lozano) 1) Approved a professional services agreement with McGee Surveying Consulting for surveying and mapping services within the City’s Wildlife Corridor in the amount of $4,710 for a term extending through August 30, 2024; and, 2) Authorize d the Mayor and City Clerk to execute the agreement in a form approved by the City Attorney. L. Consideration and possible action to receive the March 2024 Cash Balances/Monthly Treasurer’s Report. (Lin) Received and filed the March 2024 Cash Balances/Monthly Treasurer’s Report for the City and the Improvement Authority. M. Consideration and possible action to receive and file EDCO’s residential solid waste collection and disposal services rate increase for Fiscal Year 2024-25. (Hevener) Received and filed EDCO’s requested residential solid waste collection and disposal rate increase of 6% for FY 2024-25. N. Consideration and possible action to authorize the purchase of three new trucks to add to the City’s fleet. (Hernandez) This item was removed for separate consideration. O. Consideration and possible action to ratify payments for emergency services related to severe rainstorms in February 2024. (Mesker) 1) Ratified payments for an emergency sinkhole response at Hawthorne Boulevard and Palos Verdes Drive West during the period between February 8, 2024 and February 13, 2024 to Sunbeam Consulting, Inc. in the amount of $4,376 and to Clarke Contracting Corp. in the amount of $34,867.45; 2) Ratified payments for an emergency sinkhole response at Rue La Fleur and Rue De La Pierre during the period between February 21, 2024 and March 22, 2024 to Sunbeam Consulting, Inc. in the amount of $8,970 and to Clarke Contracting Corp . in the amount of $93,187.26; 3) Ratified payments for an emergency sinkhole response at Hawthorne DRAFT- City Council Regular Minutes May 7, 2024 Page 7 of 12 Boulevard near Verde Ridge Road during the period between March 6, 2024 and March 20, 2024 to Sunbeam Consulting, Inc. in the amount of $7,937 and to Clarke Contracting Corp. in the amount of $93,835.54; and, 4) Ratified payment for emergency response services at Basswood Avenue, Palos Verdes Drive South, and Via Colinita during the period between February 8, 2024 and February 23, 2024 to Ninyo & Moore Geotechnical & Environmental Sciences Consultants in the amount of $4,190. P. Consideration and possible action to purchase radio communication devices for the City’s Public Safety and Open Space and Trails Divisions. (Wolterding/Hunter) 1) Authorized purchasing 23 radios and associated accessories that are compatible with the Los Angeles Regional Interoperable Communications System (LA -RICS) Land Mobile Radio network from Mobile Relay Associates - Raycom (MRA-Raycom) in the amount of $71,819; and, 2) Authorized the installation and programming of the 23 radios by Mobile Relay in the amount of $4,002. Q. Consideration and possible action regarding a claim against the City by Liam Phillips. (Sisson) Rejected the claim and directed Staff to notify the claimant, Liam Phillips. PUBLIC HEARINGS: 1. Consideration and possible action to review and adopt an updated Fiscal Year (FY) 2024-25 Master Schedule of Fees for City services. (Loya) 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 Finance Ramos introduced Senior Administrative Analyst Loya to present a staff report and PowerPoint presentation. Council Members asked questions of Staff. Mayor Cruikshank declared the public hearing closed. Councilmember Ferraro moved, seconded by Councilmember Seo, to approve Staff recommendations as follows: 1) Reviewed the updated FY 2024-5 Master Schedule of Fees for City Services and affirm the following: i. Foregoing the 4% increase from the March 2024 Consumer Price Index for All Urban Consumers (CPI-U); ii. Removing the outdated fees no longer applicable and making minor updates to descriptions for Planning fees; DRAFT- City Council Regular Minutes May 7, 2024 Page 8 of 12 iii. Increasing the facility rental fees for Ladera Linda Community Park and Sport League fields; and iv. Applying the 4% increase from the March 2024 CPI-U to the Fully Burdened Hourly Rates primarily charged for reimbursed services and elective services; and, 2) Adopted Resolution No. 2024-19, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 2023-17 THEREBY DETERMINING NOT TO INCREASE FEES FOR CITY SERVICES IN FY 2024-25 BASED ON THE MARCH 2024 CPI-U, REMOVING AND UPDATING CERTAIN FEES FOR THE COUNCIL-ADOPTED MASTER SCHEDULE OF FEES, AND ESTABLISHING UPDATED FULLY BURDENED HOURLY RATES FOR CITY SERVICES FOR FISCAL YEAR 2024-25. The motion passed on the following roll call vote: AYES: Bradley, Ferraro, Seo, and Mayor Cruikshank NOES: None ABSENT: Alegria REGULAR BUSINESS: 2. Consideration and possible action to receive a report on the Greater Portuguese Bend Landslide Complex and approve work to be conducted on the Portuguese Bend Landslide Emergency Hydraugers Project. (Awwad) City Clerk Takaoka reported that late correspondence was distributed and there were eight 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. 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. Discussion ensued among Council Members and questions were asked of Staff. Director of Public Works Awwad presented a staff report and PowerPoint presentation. Discussion ensued among Council Members and questions were asked of Neven Matasovic of Geo Logic and Staff. Director of Public Works Awwad continued presenting a staff report and PowerPoint presentation. DRAFT- City Council Regular Minutes May 7, 2024 Page 9 of 12 Discussion ensued among Council Members and questions were asked of Staff. The following members of the public addressed the City Council: Bart Young, Mickey Rodich, Kent Attridge, Sheri Hastings, Gordon Leon, Nikki Noushkam, and Eva Albuja. The following member left a pre-recorded voicemail: Sha Tahmasebi. Discussion ensued among Council Members and questions were asked of Staff and City Attorney. Councilmember Bradley moved, seconded by Mayor Cruikshank, to approve Staff recommendations as amended on items two and thirteen: 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. Construction repair permit fee waivers; 2) Requesting Staff to look into innovative ways to potential ly mitigate Palos Verdes Drive South movement to help decrease repaving every two weeks; 3) Approved the Portuguese Bend Landslide Emergency Hydraugers Project construction plans, subject to modifications by the Engineer-of-Record; 4) Awarded a task-order construction contract to Malcolm Drilling Company, Inc. for the Portuguese Bend Landslide Emergency Hydraugers Project in the not -to-exceed amount of $9,000,000; 5) Awarded a professional services agreement to Geo-Logic Associates, Inc. for engineering and associated services during construction fo r the Portuguese Bend Landslide Emergency Hydraugers Project in the amount of $275,000; 6) Awarded a professional services agreement to Hout Construction Services, Inc. DBA Hout Engineering for construction management, inspection, and associated services for the Portuguese Bend Landslide Emergency Hydraugers Project in the amount of $310,000;7) Award ed a professional services agreement to Paul Hansen Engineering, LLC for cost estimating, scheduling, and associated services for the Portuguese Bend Landslide Emergency Hydraugers Project in the amount of $50,000; 8) Approved an additional appropriation of $6,772,400 from the CIP Fund for the Portuguese Bend Landslide Emergency Hydraugers Project; 9) Approved the reallocation of $2,862,600 from the American Rescue Plan Act (ARPA) Fund to the CIP Fund for the Portuguese Bend Landslide Emergency Hydrauger Project consisting of $500,000 from the Roadway Asset Management Program (Crenshaw Boulevard) and $2,362,600 for the Western Avenue Beautification Project; 10) Authorize the Mayor to execute the construction contract and professional services agreements in a form approved by the City Attorney; 11) Adopted Resolution No. 2024-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES THEREBY CONTINUING THE LOCAL EMERGENCY DECLARATION BY 60 DAYS UNTIL JULY 6, 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, RESOLUTION NO. 2024-05 ADOPTED ON FEBRUARY 6, 2024, AND DRAFT- City Council Regular Minutes May 7, 2024 Page 10 of 12 RESOLUTION NO. 2024-13 ADOPTED ON MARCH 19, 2024; 12) Authorize d the Mayor to send a letter to the City of Rolling Hills and the Rolling Hills Homes Association to collaborate on conducting a holistic hydrology study and developing a remediation plan with the City and Klondike Canyon Landslide Abatement District; and, 13) Requested Staff to come back with the true cost of what would be required for loaning the Portuguese Bend Community Association’s funds. Directed the Director of Finance to come back with a list of terms for this loan and have a Civil Engineering plan on what it will take to help stabilize their roads. The motion passed on the following roll call vote: AYES: Bradley, Ferraro, Seo, and Mayor Cruikshank NOES: None ABSENT: Alegria Mayor Cruikshank called for a brief recess at 9:21 P.M. Without objection, it was so ordered. The meeting was reconvened at 9:37 P.M. 3. Consideration and possible action to take positions on certain legislation being considered by state law makers. (Hunter) Administrative Analyst Hunter presented a staff report and PowerPoint presentation. Discussion ensued among Council Members and questions were asked of Staff and City Attorney. Councilmember Bradley moved, seconded by Councilmember Seo, to approve Staff recommendations as follows: 1) Authorized the Mayor to sign position letters in support of Assembly Bill (AB) No. 2583 (School Zones and Walk Zones) and AB 2715 (Ralph M. Brown Act: closed session); 2) Authorized the Mayor to sign position letters in opposition of AB 1886 (Housing Element Law: substantially compliant), AB 1893 (Housing Accountability Act), AB 1820 (Housing Development Projects), and Senate Bill (SB) 1037 (Housing Element Law); and, 3) Adopted Resolution No. 2024-21, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES SUPPORTING THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT. The motion passed on the following roll call vote: AYES: Bradley, Ferraro, Seo, and Mayor Cruikshank NOES: None ABSENT: Alegria CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: None. CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER: DRAFT- City Council Regular Minutes May 7, 2024 Page 11 of 12 D. Consideration and possible action to approve Amendment No. 2 to the Professional Services Agreement with Willdan Engineering to continue providing services to the Community Development Department. (Garrett) City Clerk Takaoka noted that there were no requests to speak and that this item was pulled earlier this evening by Councilmember Bradley. Discussion ensued among Council Members and questions were asked of Staff. Councilmember Bradley moved, seconded by Mayor Cruikshank, to approve Staff recommendations as follows: 1) Approved Amendment No. 2 to the Professional Services Agreement with Willdan Engineering, which increases the contract amount by $50,000 from $80,000 to $130,000 for temporary Permit Technician services in the Building and Safety Division and the temporary Code Enforcement Officer in the Code Enforcement Division through July 30, 2024, and, 2) Authorized the Mayor and City Clerk to execute the Amendment in a form approved by the City Attorney. The motion passed on the following roll call vote: AYES: Bradley, Ferraro, Seo, and Mayor Cruikshank NOES: None ABSENT: Alegria N. Consideration and possible action to authorize the purchase of three new trucks to add to the City’s fleet. (Hernandez) 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 Bradley moved, seconded by Councilmember Ferraro, to approve Staff recommendations as follows: 1) Authorized a purchase contract for three 2024 Toyota Tacoma trucks from a local Toyota dealership in a total amount not to exceed $174,000 ($58,000 per truck); and, 2) Authorized the purchase and installation of roof-mounted light bars and miscellaneous accessories necessary to equip each truck in a total amount not to exceed $15,000. FUTURE AGENDA ITEMS: Councilmember Seo requested a proclamation for Asian American and Pacific Islander Heritage Month at the next City Council meeting. Councilmember Seo requested Staff to provide an update from Southern California Edison on power outages in the Grandview area. DRAFT- City Council Regular Minutes May 7, 2024 Page 12 of 12 Councilmember Bradley requested Staff to bring back a report on the potential of becoming a Charter City. CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. ADJOURNMENT: At 10:08 P.M., Mayor Cruikshank adjourned to May 21, 2024, for a Closed Session meeting followed by a 7:00 P.M Regular meeting. _______________________________ John Cruikshank, Mayor Attest: __________________________ Teresa Takaoka, City Clerk