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CC DM 20201117 B - 20201104 CC MINS DRAFTDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL SPECIAL MEETING NOVEMBER 4, 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 – ANTICIPATED LITIGATION GOVERNMENT CODE SECTION 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 threat of litigation was made by a representative of the Rancho Palos Verdes Estates Community Association at the October 20, 2020 City Council Meeting. 2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION GOVERNMENT CODE SECTION 54956.9 (d)(1) York Point View Properties, LLC v. City of Rancho Palos Verdes, et al Los Angeles County Superior Court Case No. BS174116 RECESS TO CLOSED SESSION: At 6:03 P.M., the Council recessed to Closed Session. DRAFT City Council Minutes November 4, 2020 Page 2 of 8 Councilmember Ferraro joined the Closed Session discussion at 6:10 P.M. RECONVENE TO REGULAR MEETING: At 7:21 P.M. the Closed Session was reconvened 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 7:21 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 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; Ron Dragoo, Public Works Principal Civil Engineer; Ramzi Awwad, Deputy Director Public Works; Daniel Trautner, Deputy 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 City Attorney William W. Wynder. CLOSED SESSION REPORT: City Attorney Wynder reported that City Council was briefed on one matter du e to a significant exposure to litigation in one case. The City Attorney’s office provided a brief, privileged and confidential status report to the Council, questions were asked and answered, but no reportable action taken, nor was any solicited. The City Attorney’s office discussed with the City Council one matter of pending litigation (York Point View Properties) to which the City is a party. Received tentative ruling from Superior Court Judge. Provided the Council a briefing of the tentative opinion. Now, awaiting the drafting of a final judgement from the court and will bring the matter back to Council at that time. DRAFT City Council Minutes November 4, 2020 Page 3 of 8 RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Cruikshank announced the Recycle Winners for the October 20, 2020, City Council meeting: Randal Meese, and Raudel Castaneda. 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 $40.00. APPROVAL OF THE AGENDA: Mayor Pro Tem Alegria moved, seconded by Councilmember Bradley, to approve the agenda as amended: Item No. 4 will be heard immediately the Consent Calendar. The motion passed on the following roll call vote: AYES: Bradley, Dyda, Ferraro, Alegria, and Mayor Cruikshank NOES: None PUBLIC COMMENTS FOR NON-AGENDA ITEMS: Deputy City Clerk Takaoka noted that there were no requests to speak. CITY MANAGER REPORT: City Manager Mihranian announced the following: Recognition of staff’s participation in the November 3, 2020 Election; Finance Advisory Committee and Infrastructure Management Advisory Committee recruitments; Prepared Peninsula Virtual Expo; Flock Safety Grant Program informational sessions; and flags being placed at City entryways to salute our Veterans. CONSENT CALENDAR: Deputy City Clerk Takaoka reported that late correspondence was distributed prior to the meeting regarding Items C, and D; and there were no requests to speak. Mayor Pro Tem Alegria moved, seconded Councilmember Dyda, to approve the Consent Calendar. Without objection, Mayor Cruikshank so ordered. 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. DRAFT City Council Minutes November 4, 2020 Page 4 of 8 B. Registers of Demands (Amundson) Adopted Resolution No. 2020-60, 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. C. Consideration and possible action to receive and file the Palos Verdes Peninsula Land Conservancy’s 2016-2018 Comprehensive Report and the 2018 Annual Report on its management activities for the Palos Verdes Nature Preserve. (Lozano) Received and filed the 2016-2018 Comprehensive Report and the 2018 Annual Report submitted by the Palos Verdes Peninsula Land Conservancy on its management activities for the Palos Verdes Nature Preserve. D. Consideration and possible action to award a professional services agreement to Harris & Associates, Inc. to revise the Altamira Canyon Drainage Project Study Report. (Dragoo) 1) Awarded a Professional Services Agreement to Harris & Associates, Inc. for a not-to-exceed amount of $254,967 to revise the Altamira Canyon Drainage Project Study Report including expanding the study area; 2) Authorized the City Manager or Director of Finance to execute needed change orders up to an additional 10% of the value of Harris & Associates, Inc. agreement (not to exceed $25,000) as contingency funds for potential unforeseen conditions; 3) Authorized the Mayor and City Clerk to execute the agreement, in a form approved by the City Attorney. E. Consideration and possible action to receive and file the September 2020 Cash Balances/Monthly Treasurer’s Report. (Lin) Received and filed the September 2020 Cash Balances/Monthly Treasurer’s Report. F. Consideration and possible action to extend the existing professional s ervices agreement with John L. Hunter & Associates, Inc. for stormwater quality consulting services. (Eder) Authorized Amendment No. 1 to the John L. Hunter & Associates, Inc. contract extending the term to June 30, 2021 and increasing the Fiscal Year 20 20-21 contract amount by $443,260 thereby changing the not-to-exceed total contract amount from $690,784 to $1,134,044, a cost shared by other Peninsula agencies; 2) Approved additional appropriation of $213,537 for FY 20 -21; and, 3) Authorized the Mayor and City Clerk to execute the amendment. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: DRAFT City Council Minutes November 4, 2020 Page 5 of 8 None. Per the re-order of the agenda, Mayor Cruikshank moved to Regular Business Item No. 4. REGULAR BUSINESS: 4. Consideration and possible action to receive a status report on relocating certain utility poles at 3867 Crest Road. (Rukavina) Mayor Cruikshank recused himself at 7:34 P.M. and did not participate in consideration of this agenda item. Deputy City Clerk Takaoka noted that late correspondence was distributed and there were 15 requests to speak. Director of Community Development Rukavina presented a staff report and PowerPoint presentation. Discussion ensued among Council Members, Staff, and City Attorney Wynder. The following members of the public addressed the City Council: Sharon Jang; Jocelyn Foust; Donna Lewellyn; Larry Lewellyn; Alex Pop (Deputy City Clerk Takaoka read email into the record); Dale Spiegel; Tracy Beecher; Deborah Sedlachek; Frank Attenello Jr.; Naomi Nakata; Naomi Foust; Kathy Campbell; Brad Malamud; Giovanni Funiciello; and Tina Funiciello. Discussion ensued among Council Members, Staff, and City Attorney Wynder. Councilmember Dyda moved, seconded by Mayor Pro Tem Alegria to: Adopt the staff recommendation regarding relocation of Southern California Edison utility poles and transmission lines from 3867 Crest Road to across the street and onto the City right-of-way along Crest Road provided the applicants implement design option nos. 3 or 4, at the discretion of the applicants, and subject to acceptance of the terms and conditions of the City’s encroachment permit, including an agreement to indemnify the City from any legal challenges to the same. Mayor Pro Tem called for a brief recess at 9:37 P.M. The meeting reconvened at 9:51 P.M. Mayor Cruikshank rejoined the meeting at 9:51 P.M. PUBLIC HEARINGS: 1. Consideration and possible action to consider an appeal to remove a City- owned pine tree within the public right-of-way of Crest Road, adjacent to and behind 3234 Parkhurst Drive (Case No. CTRP2020-0022). (Alvarez) DRAFT City Council Minutes November 4, 2020 Page 6 of 8 Deputy City Clerk Takaoka stated that the notice of the public hearing was duly published, no written protests were received, late correspondence was distributed and there were three requests to speak. Mayor Cruikshank declared the public hearing open. Senior Planner Alvarez presented a staff report. Discussion ensued among Council Members, and Staff. The following members of the public addressed the City Council: Lili Gu (Appellant); Elaine Goodman (Applicant); Dale Goodman (Applicant); Lili Gu (Appellant rebuttal); Wesley Luk. Mayor Cruikshank declared the public hearing closed. Discussion ensued among Council Members and Staff. Mayor Pro Tem Alegria moved to extend the meeting to 11:00 P.M. Without objection, Mayor Cruikshank so ordered. Discussion ensued among Council Members and Staff. Councilmember Bradley moved to extend the meeting to 11:45 P.M. Without objection, Mayor Cruikshank so ordered. Discussion ensued among Council Members and Staff. Councilman Dyda moved, seconded by Mayor Pro Tem Alegria to: Adopt Resolution No. 2020-61, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES UPHOLDING THE RECOMMENDATION TO REMOVE ONE CITY-OWNED PINE TREE, WITHIN THE PUBLIC RIGHT-OF-WAY OF CREST ROAD, ADJACENT TO AND BEHIND 3234 PARKHURST DRIVE, IN ORDER TO RESTORE THE VIEW THAT IS SIGNIFICANTLY IMPAIRED BY THE PINE TREE FROM THE VIEWING AREA LOCATED AT 3255 PARKHURST DRIVE (CASE NO. CTRP2020-0022). Approved as amended. The motion passed on the following roll call vote: AYES: Bradley, Dyda, Ferraro, Alegria, and Mayor Cruikshank NOES: None 2. Consideration and possible action to amend 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 DRAFT City Council Minutes November 4, 2020 Page 7 of 8 accessory dwelling units and to create development standards for junior accessory dwelling units (Case No. PLCA2020-0001). (Silva) Deputy City Clerk Takaoka stated that the notice of the public hearing was duly published, no written protests were received and there were no requests to speak. Mayor Cruikshank declared the public hearing open. Deputy Director of Community Development Silva presented a brief staff report. Councilmember Bradley moved, seconded by Mayor Pro Tem Alegria to: Accept staff’s recommendation and continue the public hearing to November 17, 2020. REGULAR BUSINESS: 3. Consideration and possible action to update the City’s Guidelines to Residential Utility Undergrounding. (O’Neill) Deputy City Clerk Takaoka noted that late correspondence was distributed and there were no requests to speak. Public Works Project Manager O’Neill presented a staff report and PowerPoint presentation. Discussion ensued among Council Members, and Staff. Councilmember Bradley moved, seconded by Councilmember Dyda to: Approve staff recommendation to approve amendments updating the City Council-adopted Guidelines to Residential Utility Undergrounding. Without objection, Mayor Cruikshank so ordered. 5. Consideration and possible action to approve the distribution of a citizen satisfaction survey. (Barnes) Deputy City Clerk Takaoka noted that late correspondence was distributed and there were no requests to speak. Senior Administrative Analysts Villalpando and Barnes presented a staff report and PowerPoint presentation. Discussion ensued among Council Members and Staff. Mayor Cruikshank, seconded by Mayor Pro Tem Alegria to: 1) Review and provide Staff with direction on the questions to be asked in the draft citizen satisfaction survey; and 2) Directed Staff to publicize the survey in the Winter 2020 newsletter and to distribute the print version of the survey via a standalone mailing. DRAFT City Council Minutes November 4, 2020 Page 8 of 8 The motion passed on the following roll call vote: AYES: Bradley, Dyda, Ferraro, Alegria, and Mayor Cruikshank NOES: None Mayor Cruikshank moved to extend the meeting to 12:15 A.M. Without objection, Mayor Cruikshank so ordered. FUTURE AGENDA ITEMS: City Manager Mihranian announced there will be a Special Meeting held on Saturday, December 19, 2020, for the scoping session on the initial study to the Portuguese Bend landslide remediation project. CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. ADJOURNMENT At 12:03 A.M., Mayor Cruikshank adjourned this meeting. /s/ John Cruikshank Mayor Attest: /s/ Emily Colborn City Clerk