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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 Draft City Council Minutes September 15, 2020 Page 2 of 9 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 Draft City Council Minutes September 15, 2020 Page 3 of 9 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 Draft City Council Minutes September 15, 2020 Page 4 of 9 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 Draft City Council Minutes September 15, 2020 Page 5 of 9 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) Draft City Council Minutes September 15, 2020 Page 6 of 9 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. Draft City Council Minutes September 15, 2020 Page 7 of 9 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 Draft City Council Minutes September 15, 2020 Page 8 of 9 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 Draft City Council Minutes September 15, 2020 Page 9 of 9 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