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CC MINS 20241106 MINUTES REGULAR MEETING OF THE RANCHO PALOS VERDES CITY COUNCIL AND MEETING OF THE IMPROVEMENT AUTHORITY NOVEMBER 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 6:01 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, 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; and William Wynder, City Attorney Emeritus. 111 PUBLIC COMMENTS FOR CLOSED SESSION: None. CLOSED SESSION ITEM(S) ANNOUNCED: City Attorney Gerli announced the items to be discussed in Closed Session. 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION GC § 54957, 54957.E 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. 2. CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION GC SECTION 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 in the following 5 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. 3. 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. 4. CONFERENCE WITH LEGAL COUNSEL — REAL PROPERTY TRANSACTION GC SECTION 54956.8 A closed session will be held, pursuant to Government Code§ 54956.8 to consider the purchase of real property by or for the City, and if applicable to grant authority to its negotiators regarding the price and terms of payment for the purchase regarding certain properties in the landslide area (undetermined at this time), pursuant to the Greater Portuguese Bend Landslide Complex Buyout Program. The City's negotiators are the City Manager and City Attorney. At 6:03 P.M. the Council recessed to Closed Session. *Councilmember Ferraro joined the Closed Session meeting in the Fireside Room at 6:03 P.M. I RECONVENE TO REGULAR MEETING: At 7:08 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 7:08 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 City Council Regular Minutes November 6, 2024 Page 2 of 10 Public Works; Daniel Trautner, Director of Recreation and Parks; Octavio Silva, Deputy Director of Community Development; Katie Lazano, Senior Administrative Analyst; Noel Casil, Senior Engineer; Matt Waters, Senior Administrative Analyst; Enyssa Sisson, Deputy City Clerk; and Teresa Takaoka, City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Ferraro. CLOSED SESSION REPORT: City Attorney Gerli reported that City Council met in Closed Session to discuss four items. City Attorney reported Item No. 1 and 4 were discussed and no reportable action was taken. Item No. 2, was not discussed and has been moved to the next City Council meeting, November 19. Item No. 3 was discussed and direction was given to initiate a receivership proceedings against a property located on San Nicolas Dr. MAYOR'S ANNOUNCEMENTS: Mayor Cruikshank and the City Council recognized the following outgoing Infrastructure Management Advisory Committee member: Donald Swanson. Mayor Cruikshank and the City Council recognized and presented a certificate to the Peninsula Hill Foundation for their celebration of Diwali and contributions to the Peninsula's Indian community. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Cruikshank, by order of affirmation, noted the Recycle Winners for October 15, 2024, George Walker and Michael Tom. 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: Mayor Pro Tem Alegria moved, seconded by Councilmember Ferraro, 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: Carol Mueller, Evan Coats (Palos Verdes Library District), and Jeff Bassler. City Council Regular Minutes November 6, 2024 Page 3 of 10 CITY MANAGER REPORT City Manager Mihranian provided updates on the following: Upcoming due date for the Voluntary Property Buyout Program for Homes Impacted by Land Movement; Informational Door handouts will be passed out to homes impacted by Land Movement; Public Safety Reimbursement Program, please contact publicsafety@rpvca.gov; Western Avenue, Cal Trans Bike Lane Project; Native American Heritage Month; RPV Salutes and Remembers Veterans with flags throughout the city; Veterans Day Breakfast on November 9th from 9- 11 A.M. at Ken Dyda Civic Center; and City Hall will be Closed on November 11; and the City thanks all who have served, and thanked all of our Veterans who continue to serve. CONSENT CALENDAR: City Clerk reported that late correspondence was distributed regarding items H, K and F and there was one request to speak on item L. Councilmember Bradley requested to pull items F and H. Mayor Pro Tem Alegria moved, seconded by Councilmember Ferraro, to approve the Consent Calendar as presented with the exceptions of Items L (public comments), F, and H. 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 October 15, 2024 (Regular Meeting) B. Registers of Demands (Mata) 1) Adopted Resolution No. 2024-64, 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 2024-11, 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 September 2024 Cash Balances/Monthly Treasurer's Reports. (Lin) Received and filed the September 2024 Cash Balances/Monthly Treasurer's Report for the City and the Improvement Authority. City Council Regular Minutes November 6, 2024 Page 4 of 10 D. Consideration and possible action regarding a claim against the City by Mohammad Fakhreddine. (Sisson) Rejected the claim and directed Staff to notify the claimant, Mohammad Fakhreddine. E. Consideration and possible action regarding a claim against the City by Kohei Chikazawa. (Sisson) Rejected the claim and directed Staff to notify the claimant, Kohei Chikazawa. F. Consideration and possible action to file a Notice of Completion for the Restroom Improvements at the Point Vicente Interpretive Center project. (O'Neill) This item was removed for separate consideration. G. Consideration and possible action to approve constructing drainage improvements at the Point Vincente Interpretive Center. (Sunwoo/Copp) 1) Approved the plans, specifications, and construction documents for drainage improvements at the Point Vicente Interpretive Center (PVIC); 2) Awarded a construction contract for the drainage improvements project at the PVIC to Estate Design and Construction, Inc., in the amount of $60,000, with a contingency of 10% or $6,000, for a total amount of up to $66,000; and,3) Authorized the Mayor and City Clerk to execute the contracts in forms approved by the City Attorney. H. Consideration and possible action to receive the 2023 Annual Report for the Palos Verdes Nature Preserve. (Wolterding) This item was removed for separate consideration. I. Consideration and possible action to adopt a City Council Policy on Security Cameras and Video Retention. (Waters) Adopted City Council Policy No. 59, the City's Security Camera and Video Retention Policy. J. Consideration and possible action to approve an agreement with California Wood Recycling, Inc. (DBA Agromin) to procure compost material pursuant to Senate Bill 1383 (Organic Waste). (Hevener) 1) Approved a three-year direct service provider agreement with California Wood Recycling, Inc. (DBA Agromin)to procure compost material to meet the City's required Procurement Target under Senate Bill (SB) 1383; and, 2) Authorized the Mayor to execute the direct service provider agreement, in a form acceptable to the City Attorney. City Council Regular Minutes November 6, 2024 Page 5 of 10 K. Consideration and possible action to reconfirm continuing the emergency justification for work and emergency contract for the Greater Portuguese Bend- Ancient Altamira Landslide Emergency Project. (Copp) 1) Reconfirm, by a four-fifths vote, there is a need to continue the work on the Deep Vertical Dewatering Emergency Project declared by Council-adopted Resolution No. 2024-20 on May 7, 2024, finding an emergency exists requiring immediate action in the Greater Portuguese Bend-Ancient Altamira Landslide Complex 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. L. Consideration and possible action to increase the City's contribution toward eligible employee health savings accounts (HSA) to align with new IRS HSA contribution limits effective January 1, 2025. (Godinez) This item was removed for separate consideration. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: L. Consideration and possible action to increase the City's contribution toward eligible employee health savings accounts (HSA) to align with new IRS HSA contribution limits effective January 1, 2025. (Godinez) City Clerk Takaoka noted that there was one request to speak. The following member of the public addressed the City Council: Carol Mueller. Councilmember Ferraro moved,seconded by Mayor Pro Tem Alegria, to approve Staff Recommendations as follows: 1) Authorized increasing the City's contribution to eligible employee health savings accounts (HSA) to $4,300 for individuals and $8,550 for family plans under the 2025 High Deductible PPO+HSA medical plan to align with new IRS 2025 HSA contribution limits effective January 1, 2025; 2) Approved Resolution No. 2024-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, INCREASING THE CITY'S HEALTH SAVINGS ACCOUNT CONTRIBUTION FOR ALL ELIGIBLE EMPLOYEES EFFECTIVE JANUARY 1, 2025; 3) Approved Resolution No. 2024-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, APPROVING, ADOPTING, AND IMPLEMENTING, AND THEREBY AUTHORIZING THE CITY MANAGER TO SIGN A THIRD AMENDMENT TO THE CITY'S MEMORANDUM OF UNDERSTANDING WITH THE RANCHO PALOS VERDES EMPLOYEE ASSOCIATION FOR THE PERIOD JULY 1, 2022 THROUGH JUNE 30, 2025, INCREASING THE CITY'S CONTRIBUTION TO ELIGIBLE EMPLOYEE HEALTH SAVINGS ACCOUNTS; and, 4)Approved Resolution No. 2024-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, APPROVING, ADOPTING, AND IMPLEMENTING, AND THEREBY AUTHORIZING THE CITY MANAGER TO SIGN A THIRD AMENDMENT TO THE CITY'S MEMORANDUM OF UNDERSTANDING WITH THE City Council Regular Minutes November 6, 2024 Page 6 of 10 AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, DISTRICT COUNCIL 36 FOR THE PERIOD JULY 1, 2023 THROUGH JUNE 30, 2025, INCREASING THE CITY'S CONTRIBUTION TO ELIGIBLE EMPLOYEE HEALTH III SAVINGS ACCOUNTS. The motion passed on the following roll call vote: AYES: Bradley, Ferraro, Seo, Alegria and Mayor Cruikshank NOES: None PUBLIC HEARINGS: None. REGULAR BUSINESS: 1. Consideration and possible action to adopt a Citywide electric bicycle (E-Bike) ordinance. (Awwad) City Clerk Takaoka reported that there were no requests to speak. Director of Public Works Ramzi Awwad introduced the Senior Engineer Casil who provided a Staff report and PowerPoint presentation. Discussion ensued among Council Members and questions were asked of Staff and City Attorney. Discussion ensued among Council Members. Both Councilmember Bradley and Mayor Pro Tem Alegria withdrew their original initial motion to replace it with the following motion: Councilmember Bradley moved, seconded by Mayor Pro Tem Alegria, to approve Staff Recommendations as amended: 1) Introduced Ordinance No. 689, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, REPEALING AND REPLACING RANCHO PALOS VERDES MUNICIPAL CODE SECTION 12.16.020 (MOTOR VEHICLES AND ELECTRIC BICYCLES IN PARKS, PRESERVES, AND RECREATIONAL FACILITIES REGULATED) AND ADDING SECTION 12.16.180 (OPERATION OF ELECTRIC BICYCLES ON STREETS AND SIDEWALKS) TO REGULATE THE USE OF ELECTRIC BICYCLES; 2) ADOPTED RESOLUTION NO. 2024-68, A RESOLUTION OF THE CITY COUNCIL OF CITY OF RANCHO PALOS VERDES, CALIFORNIA, ESTABLISHING FINES FOR VIOLATIONS OF RANCHO PALOS VERDES MUNICIPAL CODE SECTION 12.16.020 (MOTOR VEHICLES, MOTORIZED BICYCLES, AND ELECTRIC BICYCLES IN PARKS, PRESERVES, AND RECREATIONAL FACILITIES REGULATED) AND UPDATING THE BAIL SCHEDULE ACCORDINGLY, as amended, so that the first offence is a written warning, second offense $500, and third or more offenses $750; and 4) Directed Staff to strike out the words "under 18 years City Council Regular Minutes November 6, 2024 Page 7 of 10 of age" from Item No. 13 so that the ordinance reads "all operators and passengers must wear a helmet properly, strapped or while operating a motorized device." The motion passed on the following roll call vote: AYES: Bradley, Ferraro, Seo, Alegria and Mayor Cruikshank NOES: None Captain Kimberly Guerrero of the Lomita Sheriff's Station joined the meeting at 8:30 p.m. 2. Consideration and possible action to receive a status update report on a proposed Point Vicente Interpretive Center Museum Annex. (Waters) City Clerk Takaoka reported that there were no requests to speak. Senior Administrative Analyst Waters provided a staff report and PowerPoint presentation and introduced Former Mayor Ken Dyda for the remainder of the presentation. Discussion ensued among Council Members and questions were asked of Staff. Mayor Cruikshank moved, seconded by Mayor Pro Tem Alegria, to approve Staff recommendations as amended: Received and filed a status update report on a proposed Point Vicente Interpretive Center Museum Annex from former Rancho Palos Verdes Mayor Ken Dyda and Directed staff to reach out to the appropriate Government Agencies that maintain oversight or restrictions for this property including, but not limited to, National Park Service, Department of Toxic and Substance Control, and California Coastal Commission, and to return to the City Council in a few months with an update. 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: F. Consideration and possible action to file a Notice of Completion for the Restroom Improvements at the Point Vicente Interpretive Center project. (O'Neill) 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 follows: 1) Accepted the Restroom Improvements at the Point City Council Regular Minutes November 6, 2024 Page 8 of 10 Vicente Interpretive Center Project (PVIC) construction contract as complete; 2) Authorized the City Clerk to file a Notice of Completion for the project with the Los Angeles County Registrar-Recorder's Office; and if no claims are filed within 35 days after recordation, send a notice to the surety company to exonerate the Performance Bond; and, 3) Authorized the Director of Public Works to release the 5% construction retention payment to Ambit Construction & Design, Inc., 35 days after recordation of the Notice of Completion by the Los Angeles County Registrar-Recorder's Office, contingent upon no claims being filed on the project, and the contractor posting an acceptable warranty bond with the City. The motion passed on the following roll call vote: AYES: Bradley, Ferraro, Seo, Alegria, and Mayor Cruikshank NOES: None H. Consideration and possible action to receive the 2023 Annual Report for the Palos Verdes Nature Preserve. (Wolterding) 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) Received and filed the 2023 Annual Report for the Palos Verdes Nature Preserve, 2) Authorized the City Manager to sign the Annual Report Certification Statement required by the U.S. Fish and Wildlife Service; and 3) Directed staff to pursue coordinating with the Palos Verdes Peninsula Land Conservancy to consider amending the existing Management Agreement to include language specifying that the City Council should have the final authority over naming the Preserve, Reserves, and trails. The motion passed on the following roll call vote: AYES: Bradley, Ferraro, Seo, Alegria, and Mayor Cruikshank NOES: None FUTURE AGENDA ITEMS: None. CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. ADJOUR NMENT: City Council Regular Minutes November 6, 2024 Page 9 of 10 At 9:25 P.M., Mayor Cruikshank adjourned to November 19, 2024, for a Closed Session meeting followed by a 7:00 P.M. Regular meeting. Joh\i çruikshank, Mayor Attest: GIPi s kaoka, City Clerk I I City Council Regular Minutes November 6, 2024 Page 10 of 10