CC DM 20201020 B - 20200915 CC MINS DRAFTDRAFT
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
SEPTEMBER 15, 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 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: Alegria, Ferraro, and Mayor Cruikshank
ABSENT: Bradley* (excused), Dyda (excused)
Also present were Ara Mihranian, City Manager; William W. Wynder, City Attorney, and
Teresa Takaoka, Deputy City Clerk.
Councilmember Bradley joined the Closed Session discussion at 6:10 P.M.
PUBLIC COMMENTS:
None.
CLOSED SESSION ITEMS ANNOUNCED:
City Attorney Wynder announced the items to be discussed in Closed Session .
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
GC 54956.9 (d)(2) or (d)(3) & (e)(5)
A closed session will be held, pursuant to Government Code §54956.9 (d)(2) or (d)(3)
& (e)(5) because there is a significant exposure to litigation in one (1) case. The claim
of Jerry and Lucky Simmons is available from the Public Works Department for
inspection and copying and will be included in the agenda materials for the City Council
meeting.
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
GC 54956.9 (d)(2) or (d)(3) & (e)(5)
A closed session will be held, pursuant to Government Code §54956.9 (d)(2) or (d)(3)
& (e)(5) because there is a significant exposure to litigation in one (1) case from Mark
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Abrams. The written threat of litigation will be included in the agenda materials for the
City Council meeting.
3. 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.
RECESS TO CLOSED SESSION (VIA CONFERENCE BRIDGE):
At 6:02 P.M., the Council recessed to Closed Session.
RECONVENE TO STUDY SESSION:
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.
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 7:01 P.M. the Study Session was adjourned to the Regular meeting.
REGULAR MEETING – OPEN SESSION
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CALL TO ORDER:
A Regular meeting of the Rancho Palos Verdes City Council was called to order by
Mayor Cruikshank at 7:02 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, Ferraro, Alegria, and Mayor Cruikshank
ABSENT: Dyda (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.
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 Bradley.
CLOSED SESSION REPORT:
City Attorney Wynder reported that with regards to the three Closed Session items, it
met with legal counsel for discussion.
Agenda item one was continued to the next City Council meeting. Agenda items two
and three involved privileged and confidential briefings by the City Attorney’s office and
City Staff regarding facts and circumstances which could give rise to an exposure
litigation in two cases. In one of those cases, it considered a specific threat of litigation
from Mr. Mark Abrams. Questions were asked and answered, no reportable action was
taken.
MAYOR’S ANNOUNCEMENTS:
Mayor Cruikshank and the City Council recognized Strom Drain committee members,
Mickey Rodich, Martin Fox, and Jack Fleming.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
Mayor Cruikshank announced the Recycle Winners for the September 1, 2020, City
Council meeting: Evelyn Castro-Greenspan and Milenko Caric. He indicated that all
winners receive a check for $250 and urged everyone to participate in the City’s
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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:
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, Alegria, and Mayor Cruikshank
NOES: None
ABSENT: Dyda
PUBLIC COMMENTS FOR NON-AGENDA ITEMS:
The following member of the public addressed the City Council: Larry Maizlish.
CITY MANAGER REPORT:
City Manager Mihranian announced the following: Aircraft noise (LAWA); Regional
Housing Needs Assessment; National Preparedness Month; Coastal Cleanup Month;
Flag Tribute; Birthday Announcements for Councilmembers.
CONSENT CALENDAR:
Deputy City Clerk Takaoka reported that there were no requests to speak.
Councilmember Bradley requested to pull Item D.
Mayor Pro Tem Alegria moved, seconded by Councilmember Ferraro to approve the
Consent Calendar with items D to be heard immediately after the Regular Business
items.
The motion passed on the following roll call vote:
AYES: Bradley, Ferraro, Alegria, and Mayor Cruikshank
NOES: None
ABSENT: Dyda
A. Motion to Waive Full Reading
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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 August 18, 2020, Regular Meeting.
C. Registers of Demands (Amundson)
Adopted Resolution No. 2020-51, 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 Professional Services
Agreement for inspection services for the Annual Sidewalk Repair Program
Project. (Lopez)
This item was removed for separate consideration.
E. Consideration and possible action to send a letter of acknowledgment to
Senator Mike McGuire thanking him for his legislation pertaining to utility
undergrounding wildfire mitigation. (Barnes)
Authorized the Mayor to sign a letter to Senator McGuire thanking him for his
legislation pertaining to utility undergrounding for wildfire mitigation.
F. Consideration and possible action to formally sunset the Storm Drain User
Fee Oversight Committee. (Ramos)
1) Sunset the Storm Drain User Fee Oversight Committee; and,
2) Authorized Staff to issue City Tiles to former Committee Members.
G. Consideration and possible action to record a Notice of Completion for the
Fiscal Year 2018-19 Retro-Reflectivity Sign Replacement Project. (O’Neill)
1) Authorized Amendment No. 1 to the Professional Services Agreement with
Sunbeam Consulting, to extend the deadline date retroactively for services
through July 15, 2020; 2) Accepted the FY 2018-19 Retro-Reflectivity Sign
Replacement Project as complete; and, 3) Authorized the recordation of a Notice
of Completion for the project.
H. Consideration and possible action to authorize the City Clerk to file a Notice of
Completion for the Western Avenue Corridor Automated License Plate
Recognition (ALPR) Project Phases 1 & 2. (Eder)
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1) Accepted the Western Avenue Corridor Automated License Plate Recognition
(ALPR) Project Phases 1 & 2 as complete; 2) Authorized the City Clerk to file
Notices 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; 3)
Authorized the Director of Public Works to release the 5% construction retention
payment to Southern California Electrical Firm, a California corporation, 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;
and, 4)Authorized the Director of Public Works to release the 5% construction
retention payment to Metro RF Services, Inc., a California corporation, 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.
PUBLIC HEARINGS:
1. Consideration and possible action for first reading and introduction of an
ordinance amending Chapters 17.02 (Single-Family Residential (RS) Districts),
17.04 (Multiple-Family Residential (RM) Districts), and 17.96 (Definitions), and
repealing and replacing Chapter 17.10 (Accessory Dwelling Unit Development
Standards) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code to
update the development standards for accessory dwelling units and to create
development standards for junior accessory dwelling units. (Case No.
PLCA2019-0006) (Seeraty)
Deputy City Clerk Takaoka stated that the notice of the public hearing was duly
published, no written protests were received and there was one request to speak.
Deputy City Clerk Takaoka reported late correspondence was received and
distributed prior to the meeting.
Mayor Cruikshank declared the public hearing open.
Director of Community Development Rukavina presented a comprehensive staff
report.
Discussion ensued among Council Members, Staff, and Planning Commission Chair
Leon.
The following member of the public addressed the City Council: Dave Churra.
Mayor Cruikshank declared the public hearing closed.
Discussion ensued among Council Members and Staff.
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Councilmember Bradley moved, seconded by Councilmember Ferraro to: send
Staff’s draft Ordinance back to the Planning Commission for further reconsideration
at their next available meeting; with Planning Commission oversight, to amend
Section B to clarify the criteria and the appeal process; to change the appeal
process to 10 business days and to incorporate LA County’s Fire comments, and the
Planning Commission to consider this at the next available opportunity with
appropriate noticing.
The motion passed on the following roll call vote:
AYES: Bradley, Ferraro, Alegria, and Mayor Cruikshank
NOES: None
ABSENT: Dyda
REGULAR BUSINESS:
2. Consideration and possible action to receive a status report on the
Trails Network Plan Update. (Lozano)
Deputy City Clerk Takaoka noted that late correspondence was distributed and there
was one request to speak.
Senior Administrative Analyst/ Open Space Manager Lozano presented a staff
report and PowerPoint presentation.
The following members of the public addressed the City Council: Sharon Yarber.
Discussion ensued among Council Members and Staff.
Councilmember Ferraro moved, seconded by Mayor Pro Tem Alegria to receive and
file a status report on staff’s update to the Trails Network Plan.
Without objection, Mayor Cruikshank so ordered.
3. Consideration and possible action to release a public survey on updating
the City’s Americans with Disabilities Act (ADA) Transition Plan and Self-
Evaluation. (Ramezani)
Deputy City Clerk reported that there were no request to speak.
Mayor Cruikshank moved to waive staff report, hearing no objections it was so
ordered.
Mayor Pro Tem Alegria, seconded by Mayor Cruikshank: to incorporate the
Americans with Disabilities Act (ADA) Transition Plan and Self-Evaluation survey
into the broader community survey and bring the item back for the City Council to
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consider at the first meeting of November before releasing the survey for public
input.
The motion passed on the following roll call vote:
AYES: Bradley, Alegria and Mayor Cruikshank
NOES: Ferraro
ABSENT: Dyda
Mayor Cruikshank called for a brief recess at 8:32 P.M. The meeting reconvened at
8:43 P.M.
4. Consideration and possible action to advise the City’s voting delegate on
the City Council’s positions regarding the League of California Cities’ 2020
Annual Conference Resolutions. (Barnes)
Deputy City Clerk reported that there were no request to speak.
Mayor Pro Tem Alegria moved, seconded by Mayor Cruikshank to waive staff report
and accept Staff’s recommendation to: authorize the City Council’s voting delegate
to take no position on the adoption of League of California Cities General Assembly
Resolution No. 1 (Amendment to Section 230 of the Communications Decency Act
of 1996)
The motion passed on the following roll call vote:
AYES: Bradley, Ferraro, Alegria and Mayor Cruikshank
NOES: None
ABSENT: Dyda
CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER:
D. Consideration and possible action to award a Professional Services
Agreement for inspection services for the Annual Sidewalk Repair Program
Project. (Lopez)
Deputy City Clerk Takaoka noted that this item was pulled earlier this evening by
Councilmember Bradley, and there were no requests to speak.
Mayor Cruikshank moved to waive the staff report.
Discussion ensued among Council Members and Staff.
Councilmember Bradley moved, seconded by Councilmember Ferraro to move staff
recommendation to:1) Award a Professional Services Agreement to Southern
California Electrical Firm, in the not-to-exceed amount of $28,540 for
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construction inspection services; and, 2) Authorize the Mayor and City Clerk to
execute the contracts, in forms approved by the City Attorney.
The motion passed on the following roll call vote:
AYES: Bradley, Ferraro, Alegria and Mayor Cruikshank
NOES: None
ABSENT: Dyda
FUTURE AGENDA ITEMS:
None.
CITY COUNCIL ORAL REPORTS:
Mayor Cruikshank reported on his attendance at an organization and association
meetings.
ADJOURNMENT
At 8:48 P.M., Mayor Cruikshank adjourned this meeting.
/s/ John Cruikshank
Mayor
Attest:
/s/ Emily Colborn
City Clerk