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CC DM 20240820 A - DRAFT 20240806 CC MINSDRAFT MINUTES REGULAR MEETING OF THE RANCHO PALOS VERDES CITY COUNCIL AND MEETING OF THE IMPROVEMENT AUTHORITY AUGUST 6, 2024 CALL TO ORDER: A Regular Meeting of the Rancho Palos Verdes City Council for the purpose of a Closed Session was called to order by Mayor Cruikshank at 6:00 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: Ferraro* (excused in Fireside room) and Alegria* (excused absence) Also present were Ara Mihranian, City Manager; Elena Gerli, City Attorney; Catherine Jun, Deputy City Manager; Brandy Forbes, Director of Community Development; Ramzi Awaad, Director of Public Works; Vina Ramos, Director of Finance; David Rasor, Building Official (via Zoom); and Ed Richards, Special Counsel Kutak Rock (via Zoom). 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 – PENDING LITIGATION GC 54956.9(c), (d)(2) and (e)(2) A closed session will be held, pursuant to government code § 54956.9(c), (d)(2), and (e)(2) because 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, which facts and circumstances concern the city’s potential liability for remediation of contamination at the BKK landfill in West Covina. 2. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION GC SECTION 54956.9(c), (d)(2), and (e)(3) A closed session will be held, pursuant to Government Code § 54956.9(c), (d)(2), and (e)(3) because a point has been reached where, in the opinion of the City DRAFT-City Council Regular Minutes August 6, 2024 Page 2 of 9 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 the following 22 cases: Donald Schmid; Negar “Nikki” Noushkam: David R. and Shelley Roth; Dennis Jaconi; Patty Perkinson; Frank and Karen Kostrencich; Sarah and Matthew Stelwagen; Robin Pierson; Frank Matura; Michael K. Bible; Steve Morenberg; Christine and Lawrence Williams; Junichi Kasuga and Yuko Kasuga (co-trustees of Kasuga Family Trust); Mark L. Young ; David G. French; Mohammadreza Tahmasebi, Delbar Tahmasebi, Shaghayegh Tahmasebi, Shayan Tahmasebi; Paul Galletti (Trustee of Paul C. Galletti Living Trust); Deirdre A. Heimer and Christopher H. Heimer; Michele Smith; Lawrence Stewart Paul and Julie W. Paul; Gregory C. Montgomery and Sandra L. Montgomery,(Trustees of the Gregory and Santra Montgomery Trust, dated December 28, 2005 Amended October 4, 2011); and, Vincent J. Iacono and Theresa Iacono. These claims are available for public inspection at the City Clerk’s office. 3. CONFERENCE WITH LEGAL COUNSEL –PENDING LITIGATION GC SECTION 54956.9(c), (d)(2) and (e)(1) A closed session will be held, pursuant to Government Code § 54956.9(c), (d)(2) and (e)(1) because 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 case, where the facts and circumstances giving rise to an exposure to litigation are believed to be unknown to the putative plaintiff(s). 4. CONFERENCE WITH LEGAL COUNSEL –INITIATION OF LITIGATION GC SECTION 54956.9(c), (d)(4) A closed session will be held, pursuant to Government Code § 54956.9(c) and (d)(4), because the City Council has decided or is deciding whether to initiate litigation. At 6:02 P.M. the Council recessed to Closed Session. *Councilmember Ferraro joined the Closed Session meeting in the Fireside Room at 6:02 P.M. RECONVENE TO REGULAR MEETING: At 7:28 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 Improvement Authority Meeting was called to order by Mayor Cruikshank at 7:28 P.M. at Fred Hesse Jr. Community Park, McTaggart Hall, 29301 Hawthorne Boulevard, notice having been given with affidavit thereto on file. DRAFT-City Council Regular Minutes August 6, 2024 Page 3 of 9 ROLL CALL: City Council roll call was answered as follows: PRESENT: Bradley, Ferraro, Seo, and Mayor Cruikshank ABSENT: Alegria (excused) Also present were Ara Mihranian, City Manager; Elena Gerli, City Attorney; Vina Ramos, Director of Finance; Ramzi Awwad, Director of Public Works; Daniel Trautner, Director of Recreation and Parks; Brandy Forbes, Director of Community Development; David Rasor, Building Official (via Zoom); Enyssa Sisson, Deputy City Clerk; and Teresa Takaoka, City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Deputy City Manager Jun. CLOSED SESSION REPORT: City Attorney Gerli reported that City Council met in Closed Session to discuss four items. City Attorney Gerli reported on Items 1 through 4 that the City Attorney's office is conflicted with Item one. City Attorney Gerli reported that City Manager Mihranian reported that this item was discussed, and no reportable action were taken. Items 2,3, and 4 were all discussed, and no reportable action was taken. MAYOR’S ANNOUNCEMENTS: Mayor Cruikshank and the entire City Council recognized August 6, 2024, as “National Night Out” day. Celebrating the incredible efforts by our public safety officers and first responders. Mayor Cruikshank and the City Council recognized the following outgoing Youth Advisory Committee member: Sydney Iravanchy. Mayor Cruikshank introduced Jay Fodor, President of Los Serenos De Point Vicente who provided information relating to the Docent program and how to get involved. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Cruikshank, by order of affirmation, noted the Recycle Winners for July 16, 2024, Lynn Bridgman and Jo-Ann Aguiar. The winners will each receive a check for $250 as well as a personal emergency preparedness kit from the City valued at $40. DRAFT-City Council Regular Minutes August 6, 2024 Page 4 of 9 APPROVAL OF THE AGENDA: Councilmember Bradley 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 ABSENT: Alegria PUBLIC COMMENTS FOR NON-AGENDA ITEMS: None. CITY MANAGER REPORT City Manager Mihranian provided updates on the following: Congratulated the newly appointed Director of Recreation of Parks, Daniel Trautner; Palos Verdes Nature Preserve Quarterly Public Forum on August 7 at 6:00 P.M .; Applications are now being accepted for the Youth Advisory Committee and are due by August 20; Candidate Filing ends on August 9 at 5:00 P.M.; Land Movement Information Center at Ladera Linda Community Center on August 6 & 8 from 2:00 P.M.- 8 P.M.; Land Movement Updates can be found: rpvca.gov/landmovement; Southern California Edison will conduct drone inspections starting on August 5 in Seaview and Upper Portuguese Bend; and celebrating National Night Out which took place on August 6 before the Council meeting at Hesse Park. CONSENT CALENDAR: City Clerk reported that late correspondence was distributed regarding item K and there were two requests to speak on item G. Councilmember Bradley moved, seconded by Councilmember Seo, to approve the Consent Calendar with the exception of item G which will be heard immediately after approval of the consent item 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 July 16, 2024 (Regular Meeting) DRAFT-City Council Regular Minutes August 6, 2024 Page 5 of 9 B. Registers of Demands (Mata) 1) Adopted Resolution No. 2024-50, 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 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 PAID. C. Consideration and possible action to receive the June 2024 Cash Balances/Monthly Treasurer’s Reports. (Lin) Received and filed the June 2024 Cash Balances/Monthly Treasurer’s Report for the City and the Improvement Authority. D. Consideration and possible action to designate voting delegate alternates for the upcoming Cal Cities Annual Business Meeting. (Sisson) Designated Mayor Cruikshank as the voting delegate with Councilmember Bradley and City Manager Mihranian as the first and second voting delegate alternates for the Cal Cities Annual Business Meeting scheduled for October 18, 2024. E. Consideration and possible action to authorize the Mayor to execute the First Amendment to the Memorandum of Understanding between the City and Los Angeles Gateway Regional Water Management Joint Powers Authority. (Hevener) Authorized the Mayor to execute the First Amendment to the Memorandum of Understanding between member cities, including Rancho Palos Verdes, and the Gateway Water Management Joint Powers Authority for administration and cost sharing for the implementation of the coordinated compliance, monitoring, and reporting plan for the Dominguez Channel and Los Angeles and Long Beach Harbors Waters Toxic Pollutants total maximum daily loads. F. Consideration and possible action to authorize the City Manager to execute the Transfer Agreement for the Measure W Safe Clean Water Program. (Hevener) Authorized the Mayor to execute the Transfer Agreement between the Los Angeles County Flood Control District and the City for the Measure W Safe Clean Water Program through Fiscal Year 2027-28. G. Consideration and possible action to reconfirm continuing the emergency justification for work and contract bidding on the Portuguese Bend Landslide Emergency Hydraugers Project. (Copp) This item was removed for separate consideration. DRAFT-City Council Regular Minutes August 6, 2024 Page 6 of 9 H. Consideration and possible action regarding a claim against the City by Edwina Matharu. (Sisson) Rejected the claim and directed Staff to notify the claimant, Edwina Matharu. I. Consideration and possible action to receive a status report on changes to labor codes impacting goat herders (Assembly Bill 1066) for fuel modification services. (Hevener) Received and filed a status report on changes to labor codes impacting goat herders (Assembly Bill 1066) for fuel modification services. J. Consideration and possible action to approve a restated license agreement between the City and Los Angeles SMSA Limited Partnership for continued operation of a wireless telecommunications facility at the Ken Dyda Civic Center. (City Attorney’s Office) 1) Approved a restated license agreement between the City and Los Angeles SMSA Limited Partnership (DBA Verizon Wireless) for maintenance, minor upgrades, and continued operation of a wireless telecommunications facility at the Ken Dyda Civic Center located at 30940 Hawthorne Boulevard; and, 2) Authorized the Mayor and City Clerk to execute the License Agreement in a form approved by the City Attorney. K. Consideration and possible action to award a Public Works Agreement for the Citywide roadway maintenance for Fiscal Years 2024-2025 through 2028-29 to Hardy & Harper, Inc. (Hernandez) 1) Awarded a multi-year Public Works Agreement to Hardy and Harper, Inc. for Citywide roadway maintenance services in the amount of $400,087 for Fiscal Year (FY) 2024-25 at a total agreement amount of $2,000,435, with a 10% contingency, over a five-year period plus annual Consumer Price Index (CPI) increases; and, 2) Authorized the Mayor and City Clerk to execute the agreement, in forms approved by the City Attorney. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: G. Consideration and possible action to reconfirm continuing the emergency justification for work and contract bidding on the Portuguese Bend Landslide Emergency Hydraugers Project. (Copp) City Clerk Takaoka noted that there were two requests to speak. The following member of the public addressed the City Council: Eva Albuja. At this time, the last speaker participating via Zoom was called upon but was not available. Discussion ensued among Council Members and questions were asked of Staff. DRAFT-City Council Regular Minutes August 6, 2024 Page 7 of 9 Councilmember Bradley moved, seconded by Councilmember Ferraro, to approve Staff recommendations as follows: 1) Reconfirmed, by a four-fifths vote, there is a need to continue the work on the Portuguese Bend Landslide Emergency Hydraugers Project declared by Council-adopted Resolution No. 2024-20 on May 7, 2024, finding an emergency exists requiring immediate action to install hydraugers in the Portuguese Bend Landslide to seek to mitigate the movement of the landslide; and, 2) Directed the City Clerk to confirm the same in the minutes of this City Council meeting, via Minute Order, reflecting this action. The motion passed on the following roll call vote: AYES: Bradley, Ferraro, Seo, and Mayor Cruikshank NOES: None ABSENT: Alegria PUBLIC HEARINGS: None. REGULAR BUSINESS: 1. Consideration and possible action to receive a report on the greater Portuguese Bend Landslide Complex. (Jun/Forbes/Awwad/Gerli) City Clerk Takaoka reported that late correspondence was distributed and there were four requests to speak. City Manager Mihranian provided a brief overview and introduced the Director of Public Works Ramzi Awwad, who briefly presented a summary report and PowerPoint who in turn introduced Director of Community Development Brandy Forbes who presented a summary report and PowerPoint presentation on the Home Inspection Program. Discussion ensued among Council Members and questions were asked of Staff. City Manager Mihranian provided information on resources that will be available to the public and finished the remainder of the staff report and PowerPoint Presentation Discussion ensued among Council Members and questions were asked of Staff and Celina Luna, SCE Representative. The following members of the public addressed the City Council: Nikki Noushkam and Kit Song. At this time, the last speaker participating via Zoom was called upon but was not available. The following member of the public left a pre-recorded voicemail: David Roth. DRAFT-City Council Regular Minutes August 6, 2024 Page 8 of 9 Discussion ensued among Council Members. Both Councilmember Bradley moved, seconded by Councilmember Seo withdrew their initial motion to replace it with the following motion: Councilmember Bradley moved, seconded by Councilmember Seo, to approve Staff recommendations as amended: 1) Adopted Resolution No. 2024-51, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES THEREBY CONTINUING THE LOCAL EMERGENCY DECLARATION BY 60 DAYS UNTIL OCTOBER 5, 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, RESOLUTION NO. 2024-13 ADOPTED ON MARCH 19, 2024, RESOLUTION NO. 2024-20 ADOPTED ON MAY 7, 2024, AND RESOLUTION NO. 2024-44 ADOPTED ON JULY 2, 2024; 2) Adopted Resolution No. 2024-52, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING A LOCAL EMERGENCY DECLARATION BASED ON A SUDDEN AND SEVERE ENERGY SHORTAGE; 3) Ratified two letters signed and sent by the City Manager to CalOES and FEMA requesting individual assistance for residents impacted by the accelerated movement in the Landslide Complex; 4) Ratif ied a letter signed and sent by the City Manager to the Federal Highway Administration (FHWA) seeking financial assistance for the City to fund repairs to a portion of Palos Verdes Drive South located within the Landslide Complex; 5) Received and filed a report on the status of utilities (including SoCalGas, SCE, CalWater, LA County Public Works, and Communications); 6) Received and filed a report on resource assistance available to residents impacted by land movement; 7) Received and filed a report on the process the City’s Building and Safety Department will implement to assess structures within the greater Portuguese Bend Landslide Complex for structural stress; and, 8) Authorized Mayor Cruikshank to sign a letter to Governor Newsom requesting he declare state of emergency for the City for sudden and severe energy shortage with the shutoff of natural gas service to 135 households in the Portuguese Bend Community Association and to request President Biden declare a federal disaster. The motion passed on the following roll call vote: AYES: Bradley, Ferraro, Seo, and Mayor Cruikshank NOES: None ABSENT: Alegria 2. Consideration and possible action to receive a report from Southern California Edison (SCE) providing a status update on the frequency of power outages and long-term measures to mitigate frequent and prolonged power outages in the Grandview Estates neighborhood. (Jun) City Clerk Takaoka reported that there were no requests to speak. Government Relations Manager, Southern California Edison Celina Luna provided a brief update. DRAFT-City Council Regular Minutes August 6, 2024 Page 9 of 9 Discussion ensued among Council Members and questions were asked of Representative Luna. Councilmember Seo moved, seconded by Councilmember Bradley, to approve Staff recommendations as follows: 1) Received and filed a status report from Southern California Edison (SCE) regarding power outages and mitigation measures in the Grandview Estates neighborhood; and, 2) considered and accepted SCE's request to provide a detailed progress report regarding power outages and mitigation measures in the Grandview Estates Neighborhood to the City Council in August 2025 with monthly updates to the City Manager. 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 BY A COUNCIL MEMBER: None. FUTURE AGENDA ITEMS: Councilmember Seo requested that staff bring back the discussion of the upcoming School Bond to the August 20th City Council meeting for further discussion and resolution. Councilmember Bradley requested that staff bring back the status of correspondence with U.S. Coast Guard on acquiring the rights to Battery Barns and the future status of Point Vicente Lighthouse. CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. ADJOURNMENT: At 9:24 P.M., Mayor Cruikshank adjourned to August 20, 2024, for a Closed Session meeting followed by a 7:00 P.M. Regular meeting. _______________________________ John Cruikshank, Mayor Attest: __________________________ Teresa Takaoka, City Clerk