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CC MINS 20200519 MINUTES RANCHO PALOS VERDES CITY COUNCIL 111 REGULAR MEETING MAY 19, 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 6:06 P.M. at McTaggart Hall in Fred Hesse Community Park, 29301 Hawthorne Boulevard, and via teleconference/virtual meeting using the Zoom platform 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, City Manager; William W. Wynder, City Attorney, and Teresa Takaoka, Deputy City Clerk. PUBLIC COMMENTS: None. CLOSED SESSION ITEMS ANNOUNCED: City Attorney Wynder announced the items to be discussed in Closed Session. 1. CONFERENCE WITH LABOR NEGOTIATOR A closed session will be held, pursuant to Government Code § 54957.6, with the City Manager and the City Attorney regarding labor negotiations with the City's unrepresented employees (excluding the position of City Manager), executive employees, management employees, confidential employees and part-time employees. 2. CONFERENCE WITH LEGAL COUNSEL— INITIATION OF LITIGATION GC 54956.9 (d)(4) Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation. 111 3. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION A closed session will be held, pursuant to Government Code § 54956.9(d)(2) or (d)(3) and (e)(1) because there is a significant exposure to litigation in one case where the facts and circumstances giving rise to an exposure to litigation are not known to plaintiff(s). RECESS TO CLOSED SESSION (VIA CONFERENCE BRIDGE): 111 At 6:08 P.M., the Council recessed to Closed Session. RECONVENE TO STUDY SESSION: At 7:24 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. DISCUSSION TOPICS: SS1. Review of tentative agendas Discussion ensued among Council Members and Staff regarding items on the upcoming City Council meetings as listed on the tentative agendas. Without objection, the tentative agendas were approved, by acclamation. ADJOURN TO REGULAR MEETING: At 7:29 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 7:30 P.M. Hesse Park, McTaggart Hall, 29301 Hawthorne Boulevard and via teleconference using the Zoom platform 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 City Council Minutes May 19, 2020 Page 2 of 10 Also present were Ara Mihranian, City Manager; William W. Wynder, City Attorney; Trang Nguyen, Director of Finance; Terry Rodrigue, Interim Director of Community 111 Development; Elias Sassoon, Director of Public Works; Cory Linder, Director of Recreation and Parks; Lukasz Buchwald, Information Technology Manager; and Teresa Takaoka, Deputy 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 Councilmember Dyda. CLOSED SESSION REPORT: City Attorney Wynder reported that with regards to the first Closed Session item, the City Manager and City Attorney met to discuss Labor Negotiations with its various unrepresented employee groups and received an appropriate negotiating authority from the Council. The City Council also had a privileged and confidential briefing from the City Attorney's office about facts and circumstances which may allow the city to initiate litigation in one case. The city had a briefing and discussion. The City Council had determined not to initiate litigation under the facts and circumstances presented to them. Lastly, a privileged and confidential briefing of facts and circumstances which could give rise to exposure to litigation in one case was presented. There was a privileged and confidential briefing and the Council directed to proceed with a litigation avoidance strategy. MAYOR'S ANNOUNCEMENTS: Mayor Cruikshank and the City Council recognized long-time resident Marthe Cohn who recently celebrated her 100th birthday. Mayor Cruikshank noted that a proclamation was presented to Malaga Bank recently as it observed its 35th anniversary in the community, social distancing guidelines were observed when he delivered the plaque. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Cruikshank announced the Recycle Winners for the May 5, 2020, City Council meeting: John Austin and Ken & Jackie de Graaf. 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: City Council Minutes May 19, 2020 Page 3 of 10 Deputy City Clerk Takaoka noted that Item E would be moved to Regular Business as it had been inadvertently listed as a Consent Calendar item. Councilmember Dyda moved, seconded by Mayor Pro Tem Alegria, to approve the agenda as amended. The motion passed on the following roll call vote: AYES: Bradley, Dyda, Ferraro, Alegria, and Mayor Cruikshank NOES: None ABSENT: None PUBLIC COMMENTS: Deputy City Clerk Takaoka noted that late correspondence was received for this item and there was one request to speak (via zoom platform). The following member of the public addressed the City Council: Larry Maizlish. CITY MANAGER REPORT: City Manager Mihranian announced the following: Virtual Meetings; City hall is now open to the public; Covid-19 Health Rules; #RPVTogether; Thank You Food Deliveries to First Responders and Frontline Workers; 2020 Census Response Rates as of 5/18/20; Peninsula News Article Regarding Blue Butterfly CONSENT CALENDAR: Deputy City Clerk Takaoka reported that late correspondence was distributed prior to the meeting regarding Items E, I, and K. Mayor Cruikshank requested that Item K be pulled and considered after Regular Business, and that Item E be heard as the first Regular Business item. Mayor Pro Tem Alegria moved, seconded by Councilmember Ferraro, to approve the Consent Calendar as amended. 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 III City Council Minutes May 19, 2020 Page 4 of 10 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 December 3, 2019, Regular meeting and March 17, 2020, Regular Meeting. C. Registers of Demands (Nguyen) Adopted Resolution No. 2020-23, 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 (check run 04/24/20); and, Adopted Resolution No. 2020-24, 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 (check run 05/01/20). D. Consideration and possible action to accept the successor Memorandum of Understanding (MOU) between the City and the Rancho Palos Verdes Employees Association (RPVEA) (DeZiel) Adopted Resolution No. 2020-25, a Resolution of the City Council of the City of Rancho Palos Verdes, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCEPTING, APPROVING AND ADOPTING THE TENTATIVE AGREEMENT DATED MAY 19, 2020, AND THE SUCCESSOR MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO PALOS VERDES AND THE RANCHO PALOS VERDES EMPLOYEES ASSOCIATION FOR THE PERIOD OF JULY 1, 2020 THROUGH JUNE 30, 2021. E. Consideration and possible action to award a professional services agreement to Chambers Group, Inc. for the preparation of environmental documents in accordance with the California Environmental Quality Act for the Portuguese Bend Landslide Mitigation Project (Dragoo) This item was removed for consideration and heard as the first Regular Business item. F. Consideration and possible action to award a construction agreement to Golden Gate Construction, Inc. and a professional services agreement to Sunbeam Consulting, Inc., respectively, for construction and inspection services for the Coastal Bluff Replacement Fence Project at Vicente Bluffs Reserve (O'Neill) 1) Awarded a construction agreement to Golden Gate Construction, Inc., in the not- to-exceed amount of$269,890, for the construction of replacement bluff top fencing at the Vicente Bluffs Reserve; 2) Awarded a professional services agreement to City Council Minutes May 19, 2020 Page 5 of 10 Sunbeam Consulting, Inc., in the not—to-exceed amount of$21,600, for inspection services; 3) Authorized the Mayor and City Clerk to execute the agreements in forms approved by the City Attorney; and, 4) Authorized the City Manager or Director of Finance to approve amendments up to an additional 10% ($26,989) as a construction contingency for unforeseen conditions. G. Consideration and possible action to adopt Ordinance No. 636 amending Chapter 12.08 (Trees and Shrubs) of the Rancho Palos Verdes Municipal Code to strengthen the City's ability to protect unlawful actions to City trees (Wynder) Waive further reading and adopted by title only Ordinance No. 636 entitled "AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING SECTIONS 12.08.040 & 12.08.050 OF CHAPTER 12.08 ("TREES& SHRUBS") TO TITLE 12 ("STREETS, SIDEWALKS & PUBLIC PLACES") AND SECTIONS 1.16.010 & 1.16.110 OF CHAPTER 1.16 ("ADMINISTRATIVE FINES") OF TITLE 1 ("GENERAL PROVISIONS") OF THE RANCHO PALOS VERDES MUNICIPAL CODE. H. Consideration and possible action to accept Gifts for Parks donations (Hirsch) Accepted Gifts for Parks donations and directed Staff to prepare donor letters of appreciation for the Mayor's signature. I. Consideration and possible action to receive a status report on the City's acacia eradication efforts (O'Neill) Received and filed a status report on the City's efforts to eradicate acacia; and, 2) Authorized the Mayor to execute a Contract Services Agreement, in a form approved by the City Attorney, with Travers Tree Service, Inc. in the amount not to exceed $42,875, for acacia and other non-native tree trimming and removal in designated areas. J. Consideration and possible action to approve Amendment No. 1 to the Professional Service Agreement with Interwest Consulting Group, Inc. to extend services for the Interim Director of Community Development through June 30, 2020. (Garrett) Authorized the Mayor and City Clerk to approve Amendment No. 1 to the existing Professional Service Agreement with Interwest Consulting Group, Inc., in a form approved by the City Attorney, thereby extending the services for Interim Director of Community Development through June 30, 2020 and increasing the total sum of the Agreement from $66,000 to $84,500. 111 City Council Minutes May 19, 2020 Page 6 of 10 K. Consideration and possible action to authorize the Mayor to sign a letter to Governor Newsom requesting funding to address COVID-19 impacts to cities. (Barnes) This item was removed from the Consent Calendar for separate consideration. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: None. PUBLIC HEARINGS: None. REGULAR BUSINESS: E. Consideration and possible action to award a professional services agreement to Chambers Group, Inc. for the preparation of environmental documents in accordance with the California Environmental Quality Act for the Portuguese Bend Landslide Mitigation Project (Dragoo) Deputy City Clerk noted that this item was removed from the Consent Calendar as it should have been a Regular Business item, late correspondence for this item was received and distributed prior to the meeting and there were no requests to speak. City Manager Mihranian presented a brief staff report. Discussion ensued among Council Members and Staff. Councilmember Dyda moved, seconded by Mayor Cruikshank to: 1) Award a professional services agreement, in an amount not to exceed $292,289.30, to Chambers Group, Inc. for the preparation of environmental documents in accordance with the California Environmental Quality Act for the Portuguese Bend Landslide Mitigation Project; and, 2) Approve an additional appropriation in the amount of$292,289.30 from Measure R funds to cover costs associated with the preparation of the environmental documents. The motion passed on the following roll call vote: AYES: Bradley, Dyda, Ferraro, Alegria, and Mayor Cruikshank NOES: None ABSENT: None 1. Consideration and possible action to approve the Palos Verdes Drive East Street Widening and Safety Improvement Project generally between Bronco Drive and Sunnyside Ridge Road City Council Minutes May 19, 2020 Page 7 of 10 Deputy City Clerk Takaoka reported that late correspondence was distributed prior to the meeting; there were three voicemails left as public comments; and, there may be *one speaker on the item participating via Zoom platform. Director of Public Works Sassoon presented a comprehensive staff report and PowerPoint presentation. Discussion ensued among Council Members and Staff. The following members of the public addressed the City Council via voicemail: Jeff Felmann, Sheri Felmann, and SUNSHINE. *Attempts were made to reach the remaining speaker, to no avail. Discussion ensued among Council Members and Staff. Councilmember Ferraro moved, seconded by Mayor Pro Tem Alegria to approve staff recommendation. Councilmember Bradley moved, seconded by Councilman Dyda, offering a 'substitute motion to approve all staff recommendations (receive and file the staff report; pay for the radar units; pay for the engineering costs) but to defer the final recommendation concerning the construction portion for FY 2021-22 until a date to be determined. The motion failed on the following roll call vote: AYES: Bradley and Dyda NOES: Ferraro, Alegria, and Mayor Cruikshank ABSENT: None The initial motion to approve all staff recommendations (for items noted above) as moved by Ferraro and seconded by Mayor Pro Tem Alegria was then voted on. The motion passed on the following roll call vote: AYES: Ferraro, Alegria, and Mayor Cruikshank NOES: Bradley and Dyda ABSENT: None Mayor Cruikshank called for a brief recess at 8:51 P.M. The meeting reconvened at 9:04 P.M. 2. Consideration and possible action to implement a fuel modification revegetation pilot program (O'Neill) City Council Minutes May 19, 2020 Page 8 of 10 Deputy City Clerk Takaoka noted that late correspondence was received prior to the meeting and there were no requests to speak, however the consultants were available 111 by Zoom if there were questions. Project Manager O'Neill presented a brief staff report and Powerpoint presentation. Discussion ensued among Council Members and Staff. Mayor Pro Tem Alegria moved, seconded by Mayor Cruikshank to: 1) Review a proposed pilot program to revegetate three fuel modification areas within the Palos Verdes Nature Preserve; and, 2) Execute a Memorandum of Understanding (MOU) with the Palos Verdes Peninsula Land Conservancy (PVPLC) to conduct the revegetation work associated with the pilot program, as amended to include a schedule. The motion passed on the following roll call vote: AYES: Bradley, Dyda, Ferraro, Alegria, and Mayor Cruikshank NOES: None ABSENT:None 3. Consideration and possible action to review the Fiscal Year 2019-20 budget 111 adjustments based on the third quarter year-end estimates and the Preliminary FY 2020-21 Budget and estimated fund balances for all funds. (Nguyen) Deputy City Clerk Takaoka noted that there were no requests to speak. Director of Finance Nguyen presented a comprehensive staff report and PowerPoint presentation. Discussion ensued among Council Members and Staff. Mayor Pro Tem Alegria moved, seconded by Councilmember Dyda, to: (1) Review and accept FY 2019-20 budget adjustments based on the third quarter year-end estimates; 2) Review and accept the Preliminary FY 2020-21 Budget consisting of the General Fund, Capital Improvement Program, and Special Revenues but excluding the Improvement Authorities; and, 3) Accept the Utility Users Tax (UUT) rate of 3% to be continued as a necessary revenue source for the City's operations for FY2020-21 The motion passed on the following roll call vote: AYES: Bradley, Dyda, Ferraro, Alegria, and Mayor Cruikshank NOES: None ABSENT: None CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER: City Council Minutes May 19, 2020 Page 9 of 10 K. Consideration and possible action to authorize the Mayor to sign a letter to Governor Newsom requesting funding to address COVID-19 impacts to cities. (Barnes) Mayor Cruikshank noted that he had pulled this item earlier as he was desirous of Y amending the letter to ask only for State funding at this time. Discussion ensued among Council Members and Staff. Mayor Cruikshank moved, seconded by Councilmember Dyda, to authorize the Mayor to sign a letter to Governor Newsom requesting funding to address COVID-19 impacts to cities, as amended. The motion passed on the following roll call vote: AYES: Bradley, Dyda, Ferraro, Alegria, and Mayor Cruikshank NOES: None ABSENT: None FUTURE AGENDA ITEMS: None. CITY COUNCIL ORAL REPORTS: 111 Each Council Member present reported on his/her attendance at various organization and association meetings. ADJOURNMENT At 10:18 P.M., MayorCruikshank adjourned this meeting. (.. :\AA1 ayo Attest: `141<illit---/- ?itP--- City Clerk I City Council Minutes May 19, 2020 Page 10 of 10