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CC DM 20200915 B - 20200818 CC MINS DRAFTDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING AUGUST 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 6:02 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, Alegria, and Mayor Cruikshank ABSENT: Ferraro (excused) 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 LEGAL COUNSEL – INITIATION OF LITIGATION BY CITY GC SECTION 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 in one (1) case. 2. 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 two cases where the facts and circumstances giving rise to an exposure to litigation are not known to plaintiffs. RECESS TO CLOSED SESSION (VIA CONFERENCE BRIDGE): At 6:03 P.M., the Council recessed to Closed Session. Draft City Council Minutes August 18, 2020 Page 2 of 9 RECONVENE TO STUDY SESSION: At 7:03 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 7:03 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 7:04 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, Alegria, and Mayor Cruikshank ABSENT: Ferraro (excused) Also present were Ara Mihranian, City Manager; Karina Bañales, Deputy City Manager; William W. Wynder, City Attorney; Trang Nguyen, Director of Finance; Ken Rukavina, Director of Community Development; Cory Linder, Director of Recreation and Parks; Lukasz Buchwald, Information Technology Manager; and Teresa Takaoka, Deputy City Clerk. Draft City Council Minutes August 18, 2020 Page 3 of 9 Also present was Captain James Powers, Lomita Station, Los Angeles County Sheriff’s Department. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tem Alegria. CLOSED SESSION REPORT: City Attorney Wynder reported that with regards to the two Closed Session items, it met with legal counsel for discussion. The first discussion with the City Attorney’s office regarding whether to decide to initiate litigation in one case and a discussion with that City Attorney’s office regarding the exposure litigation in two cases. In both cases a privileged and confidential briefing was provided and questions were asked and answered, no reportable action was taken. MAYOR’S ANNOUNCEMENTS: Mayor Cruikshank and the City Council recognized longtime residents Dr. and Mrs. Duperon as Mayor’s Honorees in honor of their 60th wedding anniversary. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Cruikshank announced the Recycle Winners for the August 4, 2020, City Council meeting: Keith Palumbo and Nerissa Lagmay. 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 Bradley moved, seconded by Mayor Pro Tem Alegria, to approve the agenda as presented. The motion passed on the following roll call vote: AYES: Bradley, Dyda, Alegria, and Mayor Cruikshank NOES: None ABSENT: Ferraro PUBLIC COMMENTS FOR NON-AGENDA ITEMS: None. CITY MANAGER REPORT: Draft City Council Minutes August 18, 2020 Page 4 of 9 City Manager Mihranian announced the following: Alert South Bay Community Survey # 3; Conserve Energy at Home; Palos Verdes Reef Restoration Project Update; Park Ranger Info Session; Sister Cities Virtual Signing Ceremony. CONSENT CALENDAR: Deputy City Clerk Takaoka reported that late correspondence was distributed prior to the meeting regarding Item I, J, and K; and there was one request to speak regarding item H. Councilmember Dyda requested that Item G be considered after Regular Business. Mayor Pro Tem Alegria moved, seconded by Councilmember Dyda to approve the Consent Calendar with items H to be heard immediately after the Consent Calendar and Item G to be considered after Regular Business. The motion passed on the following roll call vote: AYES: Bradley, Dyda, Alegria, and Mayor Cruikshank NOES: None ABSENT: Ferraro 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 (Takaoka) Approve the Minutes of the July 21, 2020, Regular Meeting. C. Registers of Demands (Amundson) Adopt Resolution No. 2020-47, 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 regarding a claim against the City by Suzanne Willoughby. (Takaoka) Reject the claim and direct Staff to notify the claimant. E. Consideration and possible action to authorize the execution of a Transfer Agreement for the Safe Clean Water Program. (Eder) Draft City Council Minutes August 18, 2020 Page 5 of 9 (1) Authorize the City Manager to execute the Transfer Agreement for the Safe Clean Water Program. F. Consideration and possible action to approve Amendment No. 2 extending the Lease Agreement with Portuguese Bend Cooperative Nursery School for use of the beach school property. (Trautner) Approve Amendment No. 2 to the Lease Agreement thereby extending the term for use of the beach school property for an additional three years (September 1, 2020 to June 30, 2023) by the Portuguese Bend Cooperative Nursery School. G. Consideration and possible action to award a Contract and a Professional Services Agreement for inspection services for the Annual Sidewalk Repair Program Project. (Eder) This item was removed from the Consent Calendar for separate consideration. H. Consideration and possible action to enter an Agreement with GoGov, Inc. to provide Citywide Mobile Application services. (Buchwald) This item was removed from the Consent Calendar for separate consideration. I. Consideration and possible action to authorize the Mayor to sign a letter of opposition to AB 3182. (Barnes) Authorize the Mayor to sign a letter of opposition to AB 3182, which would bar homeowners associations from prohibiting home renta ls. J. Consideration and possible action to authorize sending a letter to residents to “harden” their homes from potential wildfire. (Villalpando) Authorize sending a letter, on behalf of the City Council, to residents expressing the City’s commitment to risk reduction, and measures residents can take to “harden” their home from a potential wildfire. K. Consideration and possible action to grant amendments to the City Hall monopole lease agreements with AT&T and Southern California Edison (Lee) Approve the 3-year extensions of the lease agreements with AT&T (formerly New Cingular Wireless Services) and Southern California Edison (SCE) for their existing wireless telecommunications facilities on the monopole at City Hall. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: Draft City Council Minutes August 18, 2020 Page 6 of 9 H. Consideration and possible action to enter an Agreement with GoGov, Inc. to provide Citywide Mobile Application services. (Buchwald) 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: Authorize the City Manager to enter an Agreement with GoGov, Inc. to provide Mobile Application services in amount not-to-exceed $16,800 annually. The motion passed on the following roll call vote: AYES: Bradley, Dyda, Alegria, and Mayor Cruikshank NOES: None ABSENT: Ferraro PUBLIC HEARINGS: None. REGULAR BUSINESS: 1. Consideration and possible action to implement measures mitigating impacts to residential neighborhoods adjacent to Del Cerro Park and Portuguese Bend Reserve. (Trautner/Lozano) Deputy City Clerk Takaoka noted that late correspondence was distributed and there were nine requests to speak. Senior Administrative Analyst/ Open Space Manager Lozano presented a staff report and PowerPoint presentation. Captain Powers discussed parking enforcement and increase of traffic. The following members of the public addressed the City Council: Louis Smolensky; Barry Rodgveller; Kathy Edgerton; Megan Moore; Miriam Varend; Gregory MacDonald; Mickey Rodich; and Don Douthwright. Discussion ensued among Council Members and Staff. Councilmember Bradley moved, seconded by Mayor Pro Tem Alegria to Direct Staff to return with the following items: 1) Continue the social media campaign and other novel ways to direct visitors to appropriate designated parking areas including the Draft City Council Minutes August 18, 2020 Page 7 of 9 Civic Center and acquire remaining domain; 2) Within 60 days, Staff is to return to the City Council with a holistic parking analysis for the entire Preserve, including areas such as Forrestal, Abalone Cove, and Gateway Park, and provide parking alternatives and recommendations; 3) Within 60 days, Staff is to install, or be on path to install, both entry gates at the Burma Rd . Trailheads and Rattlesnake Trailheads; 4) Within 60 days, Staff is to investigate additional alternatives for enforcement of parking via use of additional code enforcement staff/OSM staff/rangers/sheriff deputies; 5) Within 60 days, Staff is to research for the City Council’s consideration a paid parking reservation or meter system along with an analysis of parking limitation system for Del Cerro area along Crenshaw Blvd. and other relevant areas of city); and, 6) Establish a 60 -day parking prohibition along Crenshaw Blvd. south of Crest Road by installing temporary signs/red curbs and return to the City Council with a long term solution within 60 days, at which time the City Council will consider extending the temporary parking prohibition an additional 60 days. Mayor Cruikshank offered the addition of the following friendly amendments which were accepted by the mover and the seconder: 1) the gates (Rattlesnake and Burma) are to be locked similar to park hours and staff is to develop/research a system to implement parking solutions at multiple sites. The motion passed on the following roll call vote: AYES: Bradley, Dyda, Alegria and Mayor Cruikshank NOES: None ABSENT: Ferraro Mayor Cruikshank called for a brief recess at 9:34 P.M. The meeting reconvened at 9:48 P.M. 2. Consideration and possible action to appoint persons nominated for Members of the City Council and cancel the General Municipal Election scheduled for November 3, 2020. (Takaoka) Mayor Cruikshank moved to waive staff report, hearing no objections it was so ordered. Councilmember Bradley moved, seconded by Councilmember Dyda to (1) Appoint to the office the persons nominated; (2) Cancel the General Municipal Election scheduled for November 3, 2020 due to lack of contested nominations; (3) Adopt Resolution No. 2020-48, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CANCELING THE ELECTION THAT WAS TO BE HELD ON NOVEMBER 3, 2020, AND PROVIDING FOR THE APPOINTMENTS TO THE OFFICES OF THIS CITY THAT WERE TO BE ELECTED AT THAT TIME; and, (4) Direct the City Clerk to not accept for filing any statement of write-in candidate which is submitted after the appointments are made. Draft City Council Minutes August 18, 2020 Page 8 of 9 The motion passed on the following roll call vote: AYES: Bradley, Dyda, Alegria and Mayor Cruikshank NOES: None ABSENT: Ferraro 3. Consideration and possible action to receive a status report on relocating certain utility poles at 3867 Crest Road. (Rukavina) Mayor Cruikshank recused himself at 9:52 P.M. from this item and for the remainder of the meeting. Councilmember Bradley moved to waive the staff report, seconded by Councilmember Dyda. By acclamation, Mayor Pro Tem Alegria so ordered. The following members of the public addressed the City Council: Dale Spiegel; Sharon Jang; Jocelyn Foust; Naomi Foust; and Kathy Campbell. Discussion ensued among Council Members and Staff. Councilmember Bradley moved, seconded by Mayor Pro Tem Alegria to: (1) Receive and file a status report on issuance of an encroachment permit to relocate certain utility poles from 3867 Crest Road to across the street and onto the City right-of-way along Crest Road, and; (2) Continue this item to date uncertain, but no later than October 20, 2020. The motion passed on the following roll call vote: AYES: Bradley, Dyda, and Alegria NOES: None ABSENT: Ferraro and Mayor Cruikshank CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER: G. Consideration and possible action to award a Contract and a Professional Services Agreement for inspection services for the Annual Sidewalk Repair Program Project. (Eder) Deputy City Clerk Takaoka noted that this item was pulled earlier this evening by Councilmember Dyda, and there were no requests to speak. Discussion ensued among Council Members and Staff. Councilmember Dyda moved, seconded by Mayor Pro Tem Alegria to move staff recommendation to: (1) Award a Construction Contract to Ruiz Concrete and Paving, Inc., in the not-to-exceed amount of $157,610, for the removal and Draft City Council Minutes August 18, 2020 Page 9 of 9 replacement of sidewalks, driveway aprons, curbs and gutters; (2) Authorize the City Manager or Director of Finance to execute change orders up to an additional 10% of the value of Ruiz Concrete and Paving, Inc. contract (not to exceed $15,761) as contingency funds for potential unforeseen conditions; and (4) Authorize the Mayor and City Clerk to execute the contracts, in forms approved by the City Attorney. As for Item (3): Award a Professional Services Agreement to Southern California Electrical Firm, in the not-to-exceed amount of $28,540 for construction inspection services, Staff was directed to return with this matter at a future meeting after meeting with the vendor to discuss concerns. The motion passed on the following roll call vote: AYES: Bradley, Dyda, and Alegria NOES: None ABSENT: Ferraro and Mayor Cruikshank FUTURE AGENDA ITEMS: Mayor Pro Tem Alegria requested the addition of a status report on Rancho LPG. Mayor Pro Tem Alegria moved to extend the meeting to 10:35 P.M. CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. ADJOURNMENT At 10:28 P.M., Mayor Pro Tem Alegria adjourned this meeting. /s/ John Cruikshank Mayor Attest: /s/ Emily Colborn City Clerk