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CC MINS 20241001 MINUTES REGULAR MEETING OF THE RANCHO PALOS VERDES CITY COUNCIL AND 111 MEETING OF THE IMPROVEMENT AUTHORITY OCTOBER 1, 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, Alegria, and Mayor Cruikshank ABSENT: Ferraro *(excused in Fireside Room) Also present were Ara Mihranian, City Manager; Elena Gerli, City Attorney; Catherine Jun, Deputy City Manager; Brandy Forbes, Director of Community Development; and Vina Ramos, Director of Finance. 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION 111 GC § 54957, 54957.6 A closed session will be held, pursuant to Government Code § 54957 to conduct an employee performance evaluation and discuss compensation for the position of City Attorney. 3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION GC § 54956.9(c), and (d)(1) A closed session will be held, pursuant to Government Code § 54956.9(c), (d)(1) II regarding existing litigation in the case of City of Rancho Palos Verdes et al. v. State of California et al., CA App. Ct. Case No. B332315. 4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION GC § 54956.9(c), and (d)(1) A closed session will be held, pursuant to Government Code § 54956.9(c), (d)(1) regarding existing litigation in the case of Community of Abalone Cove v. City of Rancho Palos Verdes et al., LACSC Case No. 24TRCP00352. At 6:01 P.M. the Council recessed to Closed Session. *Councilmember Ferraro joined the Closed Session meeting in the Fireside Room at 6:01 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 Improvement Authority 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 ABSENT: None Also present were Ara Mihranian, City Manager; Elena Gerli, City Attorney; Catherine Jun, Deputy City Manager; Vina Ramos, Director of Finance; Ramzi Awwad, Director of Public Works; Daniel Trautner, Director of Recreation and Parks; Brandy Forbes, Director of Community Development; Megan Barnes, Senior Administrative Analyst; Enyssa Sisson, Deputy City Clerk; and Teresa Takaoka, City Clerk. Also present was Captain Kimberly Guerrero of the Lomita Sheriffs Station. I City Council Regular Minutes October 1, 2024 Page 2 of 11 PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tem Alegria. CLOSED SESSION REPORT: City Attorney Gerli reported that City Council met in Closed Session to discuss four items. City Attorney reported item one, was taken off the calendar and not discussed. Items two, three, and four were discussed and direction was given; no reportable action was taken. MAYOR'S ANNOUNCEMENTS: Mayor Cruikshank and the City Council recognized and provided a proclamation to Noel Park for his years of service to the community. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Cruikshank, by order of affirmation, noted the Recycle Winners for September 17, 2024, Ernest Wade and Karla Vestal. 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: 111 Mayor Pro Tem Alegria moved, seconded by Councilmember Bradley, to approve the agenda as presented. 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 three requests to speak. The following members of the public addressed the City Council: Noel Park, Jim Knight, and Elliot Levy. CITY MANAGER REPORT City Manager Mihranian provided updates on the following: October is breast cancer awareness month; six vertical deep dewatering wells are now operational; donations to residents affected by the landslide may contact the PVP Rotary or Julia Parton at jpartonmalagabank.com; EDCO fall brush clearing event from October 5- November 2; Trunk or Treat at Ken Dyda Civic Center on October 19 at 11:00 A.M.- 2:00 P.M.; Prepared Peninsula Expo at Peninsula High School/ PV Farmer's Market on October 27 at 10:00 A.M.- 1:00 P.M.; Happy Rosh Hashanah; and Happy Birthday Councilmember `Bradley. City Council Regular Minutes October 1, 2024 Page 3 of 11 CONSENT CALENDAR: Councilmember Bradley requested to pull item J. Mayor Pro Tern Alegria moved, seconded by Councilmember Bradley, to approve the Consent Calendar as presented with the exception of item J. 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 September 17, 2024 (Regular Meeting) B. Registers of Demands (Mata) 1) Adopted Resolution No. 2024-59, 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 2024-10,, 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 August 2024 Cash Balances/Monthly Treasurer's Reports. (Lin) Received and filed the August 2024 Cash Balances/Monthly Treasurer's Report for the City and the Improvement Authority. D. Consideration and possible action regarding a claim against the City by Jessica Aviles. (Sisson) Rejected the claim and directed Staff to notify the claimant, Jessica Aviles. E. Consideration and possible action regarding a claim against the City by Matthew Nieto. (Sisson) Rejected the claim and directed Staff to notify the claimant, Matthew Nieto. F. Consideration and possible action to appoint four members to the City's Youth Advisory Committee (YAC) and appoint the Chair and Vice Chair. (Jun) 1) By majority vote of the entire City Council, appointed Mayah Barrett, Aiden Cruz, Valentina Sherer, and Matthew Song as the four new members to the Youth Advisory Committee, as recommended by the Council Subcommittee; and, 2) Appointed City Council Regular Minutes October 1, 2024 Page 4 of 11 Andrew Lu as Chair and Katelyn Beggans as Vice-chair of the Youth Advisory Committee, as recommended by the Council Subcommittee. G. Consideration and possible action to approve an amendment to the Professional Services Agreement with Environmental Sciences Associates to provide environmental services for the City's 6th Cycle Housing Element. (Bobbett) 1) Approved Amendment No. 5 to the Professional Services Agreement (PSA) with Environmental Sciences Associates (ESA) to extend the agreement term to September 30, 2025 to provide continued environmental support services for the City's 6th Cycle Housing Element; and, 2) Authorized the Mayor and City Clerk to execute Amendment No. 5 to the PSA with ESA in a form approved by the City Attorney. H. Consideration and possible action to accept and appropriate Hazard Mitigation Grant Program funding for the Goat Vegetation Management Project. (Ramos) Accepted and appropriate $914,977 of Federal Emergency Management Agency's (FEMA) Hazard Mitigation Grant Program (HMGP) funding in FY 2024-25 via the California Governor's Office of Emergency Services (CalOES)for the Goat Vegetation Management Project. I. Consideration and possible action to award a professional services agreement to Emerald Isle Entertainment to operate the 2024 winter event at the Ken Dyda Civic Center. (Rodin) 1) Awarded a professional services agreement (PSA), in the amount of $34,500, to Emerald Isle Entertainment (Emerald) to operate a roller skating rink for three days during the 2024 Winter Event at Ken Dyda Civic Center; and, 2) Authorized the Mayor and City Clerk to execute the PSA, in a form acceptable to the City Attorney. J. 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. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: None. PUBLIC HEARINGS: None. City Council Regular Minutes October 1, 2024 Page 5 of 11 REGULAR BUSINESS: 1. Consideration and possible action on the Greater Portuguese Bend-Ancient Altamira Landslide Complex. (Awwad) 111 City Clerk Takaoka reported that late correspondence was distributed and there were twenty-one requests to speak. City Manager Mihranian provided a brief overview and introduced the Director of Public Works Ramzi Awwad, who introduced the City's Geologist Mike Phipps, Cotton Shires and Associates. City Geologist Phipps presented a comprehensive report and PowerPoint presentation regarding the landslide's progression. Discussion ensued among Council Members and questions were asked of City's Geologist Phipps, Gary Lass, Geo-Logic Associate Consultant, Staff, and William McCormick, Geo-Logic Associate Consultant. Director of Public Works Awwad presents a recap report and PowerPoint Presentation. Discussion ensued among Council Members and questions were asked of Staff and Gary Lass, Geo-Logic Associates Consultant. Discussion ensued among Council Members and questions were asked of staff. I Director of Public Works Awwad introduced the Director of Finance Ramos to present a Staff Report and PowerPoint presentation on PB Landslide Expenditures. Director of Finance Ramos introduced City Manager Mihranian who provided additional information. Discussion ensued among Council Members and questions were asked of staff. City Manager Mihranian and Director of Finance Ramos provided a report on the relief efforts to residents. Discussion ensued among Council Members and questions were asked of staff. Director of Public Works Awwad provided an alternative energy options report and PowerPoint presentation. Discussion ensued among Council Members and questions were asked of City Attorney Gerli. City Manager Mihranian provided an update on discussions with CalOES, FEMA, and the various utilities. City Council Regular Minutes October 1, 2024 Page 6 of 11 Deputy City Manager Jun provided a report on the proposed surveys to be issued to affected residents. Discussion ensued among Council Members and questions were asked of City Attorney Gerli. Mayor Cruikshank called for a brief recess at 9:19. Without objection, it was so ordered. The meeting was reconvened at 9:28 P.M. The following members of the public addressed the City Council: Jennifer LaMarque, Anne Cruz, Mike Agahee, Guri Otterley, Mary Agahee, Mariam Hunter, Jim Knight, Dave Chura, Nikki Noushkam, Jeremy Davies, Gordon Leon, Frank Kostrencich, Ben Zask, Peggy Josivert, Steve Cummins, Eva Albuja, Peter Hilderbrandt, Sheri Hastings, Cindy Keefer, and Tom Keefer. The following member of the public left a pre-recorded voicemail: David Roth. Discussion ensued among Council Members and questions were asked of staff. Councilmember Bradley moved, seconded by Mayor Pro Tem Alegria, to approve Staff Recommendations as follows: 1) Received and filed an update on current conditions, including the City Geologist's, report, in the Greater Portuguese Bend- Ancient Altamira Landslide Complex; 3) Received and filed a financial report on City expenditures and estimated costs for emergency protective and stabilization measures in response to the acceleration of the Greater Portuguese Bend-Ancient Altamira Landslide Complex since October 2022; 4) Accepted and approve an appropriation of $5 million pursuant to the Social Program Agreement providing financial assistance related to the Greater Portuguese Bend-Ancient Altamira Landslide Complex from Fourth District Supervisor Janice Hahn of the Los Angeles County Board of Supervisors; 5) Provided direction on the proposed allocation of the $5 million pursuant to the Social Program Agreement between Los Angeles County and the City: a) Provide $10,000 in individual financial assistance to property owners of residences impacted by the landslide in the Portuguese Bend Community Association including Vanderlip Drive, Seaview, and Portuguese Bend Beach Club as outlined within the geographic boundaries identified in the City Council proclaimed Local Emergency Declaration; and, b) Fund, based on the remaining balance, City- initiated emergency protective and stabilization measures consisting of, but not limited to, public roads, City-owned sewer system in the Portuguese Bend Community Association, dewatering wells, as well as for costs associated with actions to address public safety, health, and transportation conditions created by the Landslide; 6) Reviewed and provided input to two draft questionnaires to be sent to households affected by the Greater Portuguese Bend-Ancient Altamira Landslide Complex and indefinite utility shutoffs and authorized Staff to issue the final questionnaires; 7) Adopted Resolution No. 2024-60, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, CONTINUING THE LOCAL EMERGENCY DECLARATION AS ESTABLISHED BY RESOLUTION NO. 2023-47 ADOPTED ON OCTOBER 3, 2023 FOR AN ADDITIONAL 60 DAY PERIOD; and, 8) Adopt Resolution No. 2024-61, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, TO EXTEND THE STATE OF LOCAL EMERGENCY WITHIN THE GEOGRAPHIC BOUNDARIES OF THE City Council Regular Minutes October 1, 2024 Page 7 of 11 PORTUGUESE BEND COMMUNITY ASSOCIATION, PORTUGUESE BEND BEACH CLUB, AND SEAVIEW NEIGHBORHOOD, BASED ON SUDDEN ENERGY SHORTAGES, PLANNED DEENERGIZING EVENTS, AND INTERNET SERVICE SHUT OFFS, AS ESTABLISHED BY RESOLUTIONS NOS. 2024-52 AND 2024-57, FOR AN ADDITIONAL 60 DAYS. The motion passed on the following roll call vote: AYES: Bradley, Ferraro, Seo, Alegria and Mayor Cruikshank NOES: None Questions were asked of staff. Councilmember Bradley moved, seconded by Mayor Pro Tem Alegria, to approve the appropriation of $6.1 million for the unfunded emergency response projects bringing the total budget from $17.9 million to $24 million in FY 2024-25. The motion passed on the following roll call vote: AYES: Bradley, Ferraro, Seo, Alegria and Mayor Cruikshank NOES: None Questions were asked of staff, Gordon Leon, ACLAD and Steve Cummins, KCLAD. Discussion ensued among Councilmembers. Councilmember Bradley moved to extend the meeting to 12:00 A.M. Without objection, Mayor Cruikshank so ordered. Mayor Pro Tern Alegria moved, seconded by Councilmember Seo, to allocate and approve the appropriation of an additional $4 million for the Winterization projects, directed Staff to conduct the Winterization on City-owned property under the emergency orders which thereby does not waive the ACLAD's and KCLAD's responsibilities as identified in the plan of control, and directed Staff to seek financial assistance from Federal, State, County levels of government including Los Angeles County Public Works and Flood Control District. The motion passed on the following roll call vote: AYES: Bradley, Ferraro, Seo, Alegria and Mayor Cruikshank NOES: None Questions were asked of staff. Mayor Pro Tern Alegria moved, seconded by Councilmember Seo, to allocate and appropriate dewatering wells up to $4 million. The motion passed on the followingroll call vote: City Council Regular Minutes October 1, 2024 Page 8 of 11 AYES: Ferraro, Seo, Alegria and Mayor Cruikshank NOES: Bradley Discussion ensued among Council Members and questions were asked of staff. Mayor Pro Tern Alegria moved, seconded by Mayor Cruikshank, to approve the funding of the $14.1 million of approved projects based on the following funding sources: 1) $2.2 million of the Social Grant Program from Supervisor Hahn, 2) $500,000 from ARPA funds , 3) $5 million from the CIP Emergency Reserves, and 4) the remaining $6.4 million from the General Fund's Excess Reserves. The motion passed on the following roll call vote: AYES: Bradley, Ferraro, Seo, Alegria, and Mayor Cruikshank NOES: None 2. Consideration and possible action to amend Section 6.04.040 of the Rancho Palos Verdes Municipal Code (RPVMC) to increase the number of dogs and cats permitted on a residential lot. (Powers) Mayor Cruikshank moved to hear a brief staff report. Without objection, it was so ordered. Director of Community Development Forbes provided a brief staff report. IIIDiscussion ensued among Council Members and questions were asked of Staff. City Clerk Takaoka reported that there were two speakers who were no longer present: Elizabeth Sala and Kevin Sala. Mayor Pro Tern Alegria moved, seconded by Councilmember Ferraro, to approve Staff recommendations as follows: Introduced Ordinance No.688, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING SECTION 6.04.040 (NUMBER OF DOGS AND CATS ALLOWED) OF CHAPTER 6.04 (GENERAL PROVISIONS), OF TITLE 6 (ANIMALS) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO INCREASE THE NUMBER OF DOGS PERMITTED ON A RESIDENTIAL LOT FROM THREE TO FOUR AND INCREASE THE NUMBER OF CATS PERMITTED ON A RESIDENTIAL LOT FROM THREE TO FIVE FOR CONSISTENCY WITH LOS ANGELES COUNTY CODE PROVISIONS. The motion passed on the following roll call vote: AYES: Bradley, Ferraro, Seo, Alegria, and Mayor Cruikshank NOES: None 3. Consideration and possible action to advise the City's voting delegate on the City Council's positions regarding Cal Cities 2024 Annual Conference Resolution. (Barnes) City Council Regular Minutes October 1, 2024 Page 9 of 11 City Clerk Takaoka reported that there were no requests to speak. Mayor Pro Tern Alegria moved, seconded by Councilmember Seo, to approve Staff recommendations as follows: Authorized the City Council's voting delegate to support the adoption of Cal Cities General Assembly Resolution No. 1 on Fair and Equal Treatment of All Governmental Officials at All Levels. The motion passed on the following roll call vote: AYES: Bradley, Ferraro, Seo, Alegria, and Mayor Cruikshank NOES: None CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER: J. 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 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 Councilmember Seo to approve Staff recommendations as amened: 1) Reconfirm, 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; 2) Direct the City Clerk to confirm the same in the minutes of this City Council meeting, via Minute Order, reflecting this action: and, 3) Rename the project to "Deep dewatering wells" that was originally authorized by Council. The motion passed on the following roll call vote: AYES: Bradley, Ferraro, Seo, Alegria, and Mayor Cruikshank NOES: None FUTURE AGENDA ITEMS: Councilmember Bradley would like staff to bring back a staff report on the possibilities of a future historical society building potential at the new Civic Center or Point Vicente Interpretive Center. CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. City Council Regular Minutes October 1, 2024 Page 10 of 11 ADJOURNMENT: At 11:47 P.M., Mayor Cruikshank adjourned to October 15, 2024 for a Closed Session meeting followed by a 7:00 P.M. Regular meeting. Oilitj Jo n Cruikshank, Mayor Attest: _.jzua _4_jtAgfz--------- 1eresVakaoka, City Clerk I I City Council Regular Minutes October 1, 2024 Page 11 of 11