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CC DM 20200317 B - 20200218 CC MINS DRAFTDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING FEBRUARY 18, 2020 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 Community Park, McTaggart Hall, 29301 Hawthorne Boulevard, notice having been given with affidavit thereto on file. City Council roll call was answered as follows: PRESENT: Bradley, Dyda, Ferraro, Alegria, and Mayor Cruikshank ABSENT: None Also present were Ara Mihranian, Interim City Manager; William W. Wynder, City Attorney, Teresa Takaoka, Deputy City Clerk; and Emily Colborn, City Clerk. PUBLIC COMMENTS: None. CLOSED SESSION ITEMS ANNOUNCED: City Attorney Wynder announced the items to be discussed in Closed Session. 1. POTENTIAL LITIGATION AGAINST THE CITY GC 54956.9(d)(2) and (e)(1) Based on facts and circumstances that might result in litigation against the City, but which the City believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed. 2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION  GC SECTION 54956.9 (d)(1)   a. Name of case: INDIAN PEAK PROPERTIES, LLC, a Nevada corporation; Lt- WR, LLC, a Nevada corporation; CALIFORNIA INTERNET, LP dba GEOLINKS, Plaintiffs v. CITY OF RANCHO PALOS VERDES, a municipal corporation; CITY OF RANCHO PALOS VERDES PLANNING COMMISSION; CITY OF RANCHO PALOS VERDES CITY COUNCIL; and DOES 1 TO 20 Inclusive; United States District Court Case No. 2:20-cv-00457  Provided update   b. Name of case: Sprint Corp. v. FCC, Ninth Circuit Court of Appeals Case No. 19- 70123  c. Name of case: Portland v. FCC, Ninth Circuit Court of Appeals Case No. 18- 72689 (9th Cir.).    3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION  GC SECTION 54956.9 (d)(2) and (e)(3)   A closed session will be held, pursuant to Government Code §54956.9 (d)(2) & (e)(3) to consider the claim of Attorney Gelfand. The claim is available for inspection pursuant to Government Code §54957.5.  RECESS TO CLOSED SESSION (FIRESIDE ROOM): At 6:03 P.M., the Council recessed to Closed Session. RECONVENE TO STUDY SESSION (MCTAGGART HALL): At 7:01 P.M., the Council reconvened the meeting for a Study Session. STUDY SESSION PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA FOR THE STUDY SESSION: None. ADJOURN TO REGULAR MEETING: At 7:00 P.M. the Study Session was adjourned to the Regular meeting. REGULAR MEETING – OPEN SESSION CALL TO ORDER: A Regular meeting of the Rancho Palos Verdes City Council was called to order by Mayor Cruikshank at 7:09 P.M. at Fred Hesse Community Park, McTaggart Hall, 29301 Hawthorne Boulevard, notice having been given with affidavit thereto on file. City Council roll call was answered as follows: PRESENT: Bradley, Dyda, Ferraro, Alegria, and Mayor Cruikshank ABSENT: None Also present were Ara Mihranian, Interim City Manager; William W. Wynder, City Attorney; Angelina Garcia, Interim Director of Finance; Terry Rodrigue, Interim Director of Community Development ; Amy Seeraty, Senior Planner; Elias Sassoon, Director of Public Works; Cory Linder, Director of Recreation and Parks; Lukasz Buchwald, Information Technology Manager; Teresa Takaoka, Deputy City Clerk; and Emily Colborn, City Clerk. Also present was Captain James Powers, Lomita Station, Los Angeles County Sheriff’s Department PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Cory Linder, Director of Recreation and Parks. CLOSED SESSION REPORT: City Attorney Wynder reported that with regards to: Closed Session No. 1, matter was discussed with no reportable action taken; Closed Session No. 2(a), an update on the matter was provided with no reportable action taken; Closed Session No. 2(b) and 2(c), the City Council was briefed on both court cases with no reportable action taken; and Closed Session No. 3, matter was discussed with no reportable action taken. MAYOR’S ANNOUNCEMENTS: Mayor Cruikshank announced his new recognition program to honor Rancho Palos Verdes residents who have notable achievements and innovations in entrepreneurship, the arts, science, and/or technology. Please email the City Clerk’s department at cityclerk@rpvca.gov if you would like to be honored or would like to nominate a resident. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Cruikshank announced the Recycle Winners for the February 4, 2020, City Council meeting: Richard Meng and Gail Phinney. He indicated that all winners receive a check for $250 and urged everyone to participate in the City’s Recycling Program. He noted that in addition to winning the Recycler Drawing, the two individuals also won a Personal Emergency Preparedness Kit from the City valued at $60.00. APPROVAL OF THE AGENDA: Councilmember Dyda moved, seconded by Mayor Pro Tem Alegria, to approve the agenda as presented. The motion was carried without objection. PUBLIC COMMENTS: The following members of the public addressed the City Council: Debbie Landes, Lori Brown, Nadia G., and Kathy Bdgbrton. CITY MANAGER REPORT: Interim City Manager Mihranian announced the following: Coronavirus information has been posted on the city’s website at www.rpvca.gov; Ring security doorbell incentive promotion for Rancho Palos Verdes residents - $100 discount on a residents’ first device, $50 discount on a second device, and $30 on a third device; Open House at Hesse Park on Thursday, February 27, 2020 from 3pm- 5pm and 6pm-8pm to answer questions on services with Cox Cable; the City is recruiting for one Traffic Safety Committee vacancy, please inquire with the City Clerk’s office; and the March 3 City Council meeting has been rescheduled to March 4 primary election. CONSENT CALENDAR: City Clerk Colborn reported that late correspondence was distributed prior to the meeting regarding Item J. Mayor Pro Tem Alegria moved, seconded by Councilmember Dyda, to approve the Consent Calendar as presented. The motion passed on the following roll call vote: AYES: Bradley, Dyda, Ferraro, Alegria, and Mayor Cruikshank NOES: None ABSENT: None   A. Motion to Waive Full Reading Adopted a motion to waive reading in full of all ordinances presented at this meeting with consent of the waiver of reading deemed to be given by all Council Members after the reading of the title. B. Approval of Minutes (Colborn) Approved the Minutes of the January 21, 2020, Regular City Council meeting. C. Register of Demands Adopted Resolution No. 2020-05, 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. D. Consideration and possible action to award a contract services agreement to Stay Green Inc. for acacia and other non-native tree removal (1) Authorized a contract award to Stay Green Inc. in the amount of $39,970 for acacia and other non-native tree removal, up-limbing and tree trimming in designated areas; and, (2) Authorized the Mayor to execute the contract services agreement in a form approved by the City Attorney. E. Consideration and possible action to approve a three-year contract of employment with Mr. Ara M. Mihranian, AICP, as City Manager Approved the “CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN CITY OF RANCHO PALOS VERDES & ARA MICHAEL MIHRANIAN, AICP,” and authorize the Mayor to execute the same on behalf of the City of Rancho Palos Verdes, the Successor Agency to the Dissolved Rancho Palos Verdes Redevelopment Agency and the Rancho Palos Verdes Improvement Authority. F. Consideration and possible action regarding a claim against the City by Larissa Flores. Rejected the claim and directed Staff to notify the claimant. G. Consideration and possible action to accept Gifts for Parks donations Accepted Gifts for Parks donations for the fourth quarter of 2019. H. Consideration and possible action to receive and file an update on the Pavement Management Program Received and filed an update on the Pavement Management Program. I. Consideration and possible action to receive and file Fiscal Year 2020-21 Budget Development Calendar Received and filed Fiscal Year 2020-21 Budget Development Calendar. J. Consideration and possible action to authorize the purchase of three vehicles for the City’s fleet. (1) Approved the purchase of three vehicles (2 pick-up trucks and a passenger van) from National Auto Fleet Group in the amount of $128,541, purchase two sets of light bars and accessories for the two pick-up trucks in the amount of $10,000, and retrofit the passenger van for ADA accessibility in the amount of $18,000; (2) Authorized Staff to alternatively purchase the three vehicles from a local dealer, rather than NAFG, should the City be able to get equivalent vehicles at prices that beat NAFG prices; and, (3) Approved an additional appropriation of $65,000 from Proposition A Grant Fund for these purchases. K. Consideration and possible action to direct Staff to proceed with negotiating an agreement with Harris and Associates to help develop a citywide street lighting policy Received and filed an update on the development of a citywide street lighting policy and direct staff to negotiate an agreement with Harris and Associates to develop a City street lighting policy. L. Consideration and possible action to amend the existing construction contract with Hardy & Harper for the Area 9 ADA Crosswalk Access Improvement Project Authorized Amendment No. 1 to the Hardy & Harper contract in the amount of $22,200 to the current construction contract thereby changing the not-to-exceed total contract amount from $103,152 to $125,352 to include additive construction bid items for the Area 9 ADA Crosswalk Access Improvement Project. PUBLIC HEARINGS: None. REGULAR BUSINESS: 1. Consideration and possible action to receive and file a status report on the City’s participation in Alert SouthBay a multi-jurisdictional emergency notification system City Clerk Colborn reported that there was a request to speak. Shane Lee, Administration Analyst, presented a staff report. The following member of the public addressed the City Council: Larry Maizlish. Discussion ensued among Council Members and Staff. Mayor Pro Tem Alegria moved, seconded by Councilmember Dyda to receive and file the status report. The motion passed on the following roll call vote: AYES: Bradley, Dyda, Ferraro, Alegria, and Mayor Cruikshank NOES: None ABSENT: None 2. Consideration and possible action regarding a traffic signal light at the intersection of Via Rivera and Hawthorne Boulevard City Clerk Colborn reported that late correspondence was received and distributed prior to the meeting and there were 22 requests to speak. Elias Sasson, Director of Public Works, presented a staff report and PowerPoint presentation and introduced Larry Liu, Chair, Traffic Safety Committee who provided additional traffic safety information. The following members of the public addressed the City Council: Larry Maizlish, Judy Maizlish, Rudy Persinger, Lola Fantappie, Mark Oseas, Ann Armstrong, Bonnie Oseas, Richard Hook, Beverly Dunn, Richard Kodanny, Peter Bringmann, Ed Vierzbu, Keith Kamholz, Frank Glazer, Kermit Olson, Wendy Watson, Ann Shaw, Joan Swong, Brad Bartz, Rich Heffernan, Lumbo Jocic, and Larry Liu. Discussion ensued among Council Members and Staff. Mayor Pro Tem Alegria moved, seconded by Mayor Cruikshank, to approve the installation of a traffic signal at the intersection of Via Rivera and Hawthorne, with short- term remediation until installation occurs. The motion passed on the following roll call vote: AYES: Dyda, Bradley, Ferraro, Alegria, and Mayor Cruikshank NOES: None ABSENT: None Mayor Cruikshank called for a brief recess at 9:04 P.M. The meeting reconvened at 9:20 P.M. Councilmember Bradley left the meeting, via teleconference, at 9:23pm. 3. Consideration and possible action to construct traffic safety improvements on Palos Verdes Drive East generally between Bronco Drive and Headland Drive City Clerk Colborn reported that late correspondence was received and distributed prior to the meeting and there were nine requests to speak. Elias Sasson, Director of Public Works, presented a staff report and PowerPoint presentation. Mayor Pro Tem Alegria moved to extend the meeting to 11:00 P.M. Without objection, Mayor Cruikshank so ordered. The following members of the public addressed the City Council: Dana Ward, Larry Liu, Connor Feeley, Dylan Feeley, Sheri Felmann, Jeff Felmann, Doug Allen, Sister Tracy Sharp, and Sharon Yaibi. Mayor Cruikshank moved to extend the meeting to 11:15 P.M. Without objection, Mayor Cruikshank so ordered. Discussion ensued among Council Members and Staff. Councilmember Dyda moved, seconded by Mayor Pro Tem Alegria, to continue this matter to a date uncertain and continue working with the residents to help this project move along. The motion passed on the following roll call vote: AYES: Dyda, Ferraro, Alegria, and Mayor Cruikshank NOES: None ABSENT: Bradley 4. Consideration and possible action to direct Staff to install an all-way stop at the intersection of Crestridge Road and Middlecrest Road City Clerk Colborn reported that there were two requests to speak. Mayor Cruikshank moved to waive the staff report on this item. Without objection, Mayor Cruikshank so ordered. The following members of the public addressed the City Council: Larry Liu and James Cohlon. Discussion ensued among Council Members and Staff. Councilmember Ferraro moved, seconded by Mayor Pro Tem Alegria, to authorize the installation of an all-way stop sign at the intersection of Crestridge Road and Middlecrest Road The motion passed on the following roll call vote: AYES: Dyda, Ferraro, Alegria, and Mayor Cruikshank NOES: None ABSENT: Bradley 5. Consideration and possible action to initiate a code amendment to Chapters 17.10 and 17.96 of Title 17 of the Rancho Palos Verdes Municipal Code to update the development standards for accessory dwelling units (Case No. PLCA2020-0001) City Clerk Colborn reported that there were no requests to speak. Mayor Pro Tem Alegria moved to waive the staff report on this item. Without objection, Mayor Cruikshank so ordered. Discussion ensued among Council Members and Staff. Mayor Pro Tem Alegria moved, seconded by Councilmember Ferraro, to initiate code amendment proceedings to Chapters 17.10 (Accessory Dwelling Unit Development Standards) and 17.96 (Definitions) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code to update the development standards for accessory dwelling units. The motion passed on the following roll call vote: AYES: Dyda, Ferraro, Alegria, and Mayor Cruikshank NOES: None ABSENT: Bradley 6. Consideration and possible action to receive and file the FY18-19 Comprehensive Annual Financial Report (CAFR) of the City of Rancho Palos Verdes City Clerk Colborn reported that there were no requests to speak. Mayor Cruikshank moved to waive the staff report on this item. Without objection, Mayor Cruikshank so ordered. Discussion ensued among Council Members and Staff. Mayor Pro Tem Alegria moved, seconded by Councilmember Ferraro, to receive and file the FY 18-19 Comprehensive Annual Financial Report (CAFR) of the City of Rancho Palos Verdes; Statements on Auditing Standards (SAS); 114 Letter from independent auditors to those charged with governance; and Independent Auditors’ report on internal control over financial reporting, compliance and other matters (GAS Letter).   The motion passed on the following roll call vote: AYES: Dyda, Ferraro, Alegria, and Mayor Cruikshank NOES: None ABSENT: Bradley 7. Consideration and possible action to award a professional services agreement to Ardurra Group, Inc. to provide a comprehensive master plan for site improvements at the Point Vicente Interpretive Center (PVIC) City Clerk Colborn reported that there was one requests to speak. Mayor Cruikshank moved to waive the staff report on this item. Without objection, Mayor Cruikshank so ordered. The following members of the public addressed the City Council: Henry Jurgens. Discussion ensued among Council Members and Staff. Mayor Pro Tem Alegria moved, seconded by Councilmember Dyda, to (1) Authorize a professional service agreement with Ardurra Group, Inc. in the amount of $49,989 to provide a comprehensive master plan for site improvements at the Point Vicente Interpretive Center (PVIC); and (2) Authorize the Mayor to execute the professional service agreement in a form approved by the City Attorney. The motion passed on the following roll call vote: AYES: Dyda, Ferraro, Alegria, and Mayor Cruikshank NOES: None ABSENT: Bradley CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER: None. FUTURE AGENDA ITEMS: Mayor Pro Tem Alegria requested to review and possible amendment to the City’s municipal code in regards to antennas. CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. ADJOURNMENT At 11:12 P.M., Mayor Cruikshank adjourned to 6:00 P.M. on Wednesday, March 4, 2020, for a Closed Session meeting and 7:00 P.M. for a regular meeting. /s/ John Cruikshank Mayor Attest: /s/ Emily Colborn City Clerk