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CC DM 20201201 C - 20201006 CC MINS DRAFTDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING OCTOBER 6, 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: Dyda, Ferraro, Alegria, and Mayor Cruikshank ABSENT: Bradley* 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 – EXISTING LITIGATION GC SECTION 54956.9 (d)(1) A closed session will be held, pursuant to Government Code § 54956.9(d)(1), to confer with legal counsel regarding pending litigation to which the City is a party. The title of such litigation is as follows: City of Rancho Palos Verdes v. Clingerman, Gaunt, Jr., Richard Gaunt Construction Company, Grzywacx, Gardena Maple Leaf, LLC, Los Angeles County Superior Court Case No. 20TRCV00419. 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. The claim of Jerry and Lucky Simmons is available from the Public Works DRAFT City Council Minutes October 6, 2020 Page 2 of 12 Department for inspection and copying and will be included in the agenda materials for the City Council meeting. RECESS TO CLOSED SESSION: At 6:08 P.M., the Council recessed to Closed Session. *Councilmember Bradley joined the Closed Session discussion at 6:10 P.M. RECONVENE TO REGULAR MEETING: At 7:04 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 7:04 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, 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 Manager Mihranian. CLOSED SESSION REPORT: The City Attorney’s office provided a privileged and confidential briefing to the City Council regarding one matter of pending litigation in which the City is a party to. The title DRAFT City Council Minutes October 6, 2020 Page 3 of 12 of such litigation is as follows: City of Rancho Palos Verdes v. Clingerman, Gaunt, Jr., Richard Gaunt Construction Company, Grzywacx, Gardena Maple Leaf, LLC , Los Angeles County Superior Court Case No. 20TRCV00419. Questions were asked and answered, but no reportable action taken, nor was any solicited. City Attorney Wynder reported that City Council was briefed on one matter due to a significant exposure to litigation in one case. Council considered the privileged and confidential analysis of the claim of Jerry and Lucky Simmons prepared by the City Attorney’s office and City staff. City Council reviewed along with the City Attorney’s office and staff a potential method by which the claim can be settled. The City Council authorized staff to make to the claimants a last, best and final offer. Assuming the claimants accept the offer, the same will be reduced to a settlement agreement and executed by the parties. When completed and executed it will be available for public inspection and copying. MAYOR’S ANNOUNCEMENTS: Mayor Cruikshank and the City Council recognized the Booth Family, and the Meyerhoff Family. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Cruikshank announced the Recycle Winners for the August 18, 2020, City Council meeting: Elizabeth Beazley, and Aaron Landon. 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 Ferraro, to approve the agenda as presented. Without objection, the approval of agenda was approved, by acclamation. PUBLIC COMMENTS FOR NON-AGENDA ITEMS: Deputy City Clerk Takaoka noted that there was one request to speak and three emails to be read into the record. The following member of the public addressed the City Council: David Turner; Deputy City Clerk Takaoka read emails into the record from the following members of the public: Ashley Owen; Gary Yeung; and Emily Mason. CITY MANAGER REPORT: DRAFT City Council Minutes October 6, 2020 Page 4 of 12 City Manager Mihranian announced the following: October is Breast Cancer Awareness Month; Lomita Sheriff’s Station will hold a Virtual National Coffee with a Cop Day on Wednesday, October 7, 2020; Vote By Mail Drop Boxes are located at City Halls of: Rancho Palos Verdes, Palos Verdes Estates, and Rolling Hills Estates; Peninsula-Wide Vote Center locations and hours; Early Voting locations; Tour of Portuguese Bend Landslide area with Assemblymember Muratsuchi; Welcome new Deputy Director of Public Works Ramzi Awwad. CONSENT CALENDAR: Deputy City Clerk Takaoka reported that late correspondence was distributed prior to the meeting regarding Item M; and there were three requests to speak regarding Item M. Councilmember Bradley requested that Item G be considered after Regular Business. Councilmember Dyda requested that Item I be considered after Regular Business. Mayor Pro Tem Alegria moved, seconded by Councilmember Bradley, to approve the Consent Calendar with Item M to be heard immediately after the Consent Calendar; and Items G and I to be considered after Regular Business. The motion passed on the following roll call vote: AYES: Bradley, Dyda, Ferraro, Alegria, and Mayor Cruikshank NOES: None 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) Approved the Minutes of the September 1, 2020, Regular Meeting. C. Registers of Demands (Amundson) Adopted Resolution No. 2020-52, 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 reschedule the November 3, 2020 City Council meeting. (Takaoka) DRAFT City Council Minutes October 6, 2020 Page 5 of 12 Approved rescheduling the November 3, 2020, meeting to November 4, 2020, due to the presidential election. E. Consideration and possible action to receive and file a report on the City’s support of a letter from the Palos Verdes Peninsula Unified School District advocating the county reopen schools. (Barnes) Received and filed a report on the City’s support of a letter from the Palos Verdes Peninsula Unified School District and the Southern California Chapter of the American Academy of Pediatrics to county officials advocating for the reopening of schools. F. Consideration and possible action to receive and file the August 2020 Cash Balances/Monthly Treasurer’s Report. (Lin) Received and filed the August 2020 Cash Balances/Monthly Treasurer’s Report. G. Consideration and possible action to take a position of support regarding California Proposition 20, which will appear on the statewide ballot on November 3, 2020. (Lee) This item was removed from the Consent Calendar for separate consideration. H. Consideration and possible action to adopt a Joint Tax Transfer Resolution accepting the negotiated exchange of property tax revenue resulting from the annexation of properties located at 1908, 1910, and 1912 Rue Le Charlene from the City of Los Angeles to the City of Rancho Palos Verdes. (Bashmakian) Adopted Resolution No. 2020-54, A JOINT RESOLUTION OF THE BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE COUNTY OF LOS ANGELES AND THE CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY, AND THE CITY COUNCIL OF RANCHO PALOS VERDES, THE CITY COUNCIL OF LOS ANGELES, THE BOARD OF DIRECTORS OF THE PALOS VERDES LIBRARY DISTRICT, THE LOS ANGELES COUNTY WEST VECTOR CONTROL DISTRICT, AND THE GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT, APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE RESULTING FROM THE ANNEXATION OF TERRITORY KNOWN AS REORGANIZATION 2019-01 TO THE CITY OF RANCHO PALOS VERDES. I. Consideration and possible action to award a construction contract agreement to Metrocell Construction, Inc. for the Rattlesnake Trail gate and fence. (Eder) This item was removed from the Consent Calendar for separate consideration. J. Consideration and possible action to amend the existing professional services agreement with Michael Baker International, Inc. (Ramezani) DRAFT City Council Minutes October 6, 2020 Page 6 of 12 Authorized Amendment No. 3 to the professional service agreement with Michael Baker International, Inc., in the amount of $6,500, there by changing the not-to- exceed total amount from $130,671.60 to $137,171.60; and adding administrative services for the City’s CDBG-CV (coronavirus CARES Act) programs. K. Consideration and possible action to respond to a Civil Grand Jury report regarding “A Diet for Landfills: Cutting Down on Food Waste”. (Ramezani) Authorized the Mayor to sign a response letter to a Civil Grand Jury Report regarding “A Diet for Landfills: Cutting Down on Food Waste” per California Penal Code Section 933.05(f). L. Consideration and possible action to amend the professional services agreement with Interwest Consulting Group to provide additional Public Works consulting services. (O’Neill) Approved Amendment No. 1 to the professional services agreement with Interwest Consulting Group to provide on-call Public Works services until June 30, 2021 at an additional sum of $41,000 increasing the total contract sum from $222,000 to $263,000. M. Consideration and possible action to award a Public Works construction contract agreement for the Hawthorne Boulevard and Via Rivera Traffic Signal Installation Project. (Razepoor) This item was removed from the Consent Calendar for separate consideration. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: M. Consideration and possible action to award a Public Works construction contract agreement for the Hawthorne Boulevard and Via Rivera Traffic Signal Installation Project. (Razepoor) Deputy City Clerk Takaoka noted that late correspondence was distributed and there were two requests to speak. Mayor Cruikshank moved to waive staff report, hearing no objections it was so ordered. The following members of the public addressed the City Council: Judy Maizlish; and Larry Maizlish. Discussion ensued among Council Members. Mayor Pro Tem Alegria moved, seconded by Councilmember Ferraro, to approve DRAFT City Council Minutes October 6, 2020 Page 7 of 12 staff recommendation to: 1) Award a construction contract agreement to Global Road Sealing, Inc., in the not-to-exceed amount of $281,515, for the installation of a traffic signal at the intersection of Hawthorne Boulevard and Via Rivera; 2) Authorize the City Manager or Director of Finance to execute change orders up to an additional 10% of the value of the Global Road Sealing, Inc. contract (not -to-exceed $28,151) as contingency funds for potential unforeseen conditions; 3) Award a professional services agreement to Southern California Electrical Firm, in the not-to- exceed amount of $19,200, for construction inspection services; 4) Authorize additional appropriations in the amount of $49,038 for this project; 5) Authorize the Mayor and City Clerk to execute the contracts, in forms approved by the City Attorney; and, 6) Direct Staff not to proceed with the temporary vehicle gap measures recommended by the Traffic Safety Commission. The motion passed on the following roll call vote: AYES: Bradley, Dyda, Ferraro, Alegria, and Mayor Cruikshank NOES: None PUBLIC HEARINGS: 1. Consideration and possible action to amend Sections 17.76.020(C) (Noncommercial Amateur Radio Antennas) and (D) (Noncommercial Amateur Radio Antenna Permit) of Chapter 17.76 (Miscellaneous Permits and Standards) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code (RPVMC) to update the regulations and review procedures for noncommercial amateur radio antennas (Case No. PLCA2020-0003). (Yoon) 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 nine requests to speak. Mayor Cruikshank declared the public hearing open. Associate Planner Yoon presented a staff report and PowerPoint presentation. Discussion ensued among Council Members, City Attorney Lopez, Michael Afflerbach (CTC), and Staff. The following members of the public addressed the City Council: Mark Abrams; Rick Eastwood; Dale Hanks; Diana Feinberg; Miriam Varend; Kathy Edgerton; Al Edgerton; and Cathey Warren (Voicemail). Mayor Cruikshank declared the public hearing closed. Councilmember Dyda left the dais at 8:37 P.M. Discussion ensued among Council Members, Michael Afflerbach (CTC), and Staff. DRAFT City Council Minutes October 6, 2020 Page 8 of 12 Councilmember Dyda returned to the dais at 8:42 P.M. Discussion continued among Council Members, City Attorney Wynder, City Attorney Lopez, Michael Afflerbach (CTC), and Staff. Mayor Pro Tem Alegria moved, seconded by Councilmember Ferraro, to: Adopt Ordinance No. 637U, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING SECTIONS 17.76.020(C) (NONCOMMERCIAL AMATEUR RADIO ANTENNAS) AND (D) (NONCOMMERCIAL AMATEUR RADIO ANTENNA PERMIT) OF CHAPTER 17.76 (MISCELLANEOUS PERMITS AND STANDARDS) OF TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE AND DECLARING THE URGENCY THEREOF, as amended. ; and, 2) Introduce Ordinance No. 638, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING SECTIONS 17.76.020(C) (NONCOMMERCIAL AMATEUR RADIO ANTENNAS) AND (D) (NONCOMMERCIAL AMATEUR RADIO ANTENNA PERMIT) OF CHAPTER 17.76 (MISCELLANEOUS PERMITS AND STANDARDS) OF TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO UPDATE THE REGULATIONS AND REVIEW PROCEDURE FOR NONCOMMERCIAL AMATEUR RADIO ANTENNAS, as amended. The motion passed on the following roll call vote: AYES: Bradley, Dyda, Ferraro, Alegria, and Mayor Cruikshank NOES: None Mayor Cruikshank called for a brief recess at 9:22 P.M. The meeting reconvened at 9:37 P.M. REGULAR BUSINESS: 2. Consideration and possible action to receive a presentation from Cox Communications regarding its services. (Villalpando) Deputy City Clerk Takaoka noted that late correspondence was distributed and there were four requests to speak. Senior Administrative Analyst Villalpando presented a staff report. He introduced Cox Communications representatives Michael Hadland and Kristen Camuglia who provided a PowerPoint presentation and were available for questions. Discussion ensued among Council Members, Staff, and Cox Communications representatives. Mayor Pro Tem Alegria moved to extend the meeting to 11:00 P.M. Without objection, Mayor Cruikshank so ordered. DRAFT City Council Minutes October 6, 2020 Page 9 of 12 Discussion continued among Council Members, Staff, and Cox Communications representatives. The following members of the public addressed the City Council: Carol Simone (voicemail); David Hall; Frank Glaser; and Ilya Lie-Nielsen (email read into the record). Discussion continued among Council Members, Staff, and Cox Communications representatives. Councilmember Bradley moved, seconded by Councilmember Ferraro to: Receive and file a presentation by Cox Communications regarding its internet speed and reliability services. Without objection, Mayor Cruikshank so ordered. Councilmember Ferraro moved to extend the meeting to 11:45 P.M. Without objection, Mayor Cruikshank so ordered. 3. Consideration and possible action to take a position on Proposition 15 on the November 3, 2020 statewide ballot. (Villalpando) Deputy City Clerk Takaoka noted that late correspondence was distributed and there was one request to speak. Senior Administrative Analyst Villalpando presented a brief staff report and PowerPoint presentation. The following member of the public addressed the City Council: Linda Herman (League of Women Voters). Discussion ensued among Council Members and Staff. Mayor Pro Tem Alegria moved, seconded by Councilmember Bradley, to not take a position on Proposition 15 on the November 3, 2020 statewide ballot. The motion failed on the following roll call vote: AYES: Bradley, and Mayor Pro Tem Alegria NOES: Dyda, Ferraro, and Mayor Cruikshank Mayor Cruikshank moved, seconded by Councilmember Ferraro to: 1) Consider the League of Women Voters of Palos Verdes Peninsula’s request to endorse Proposition 15 on the November 3, 2020 statewide ballot; 2) Determined the Council would not support Proposition 15 and directed Staff to bring a resolution DRAFT City Council Minutes October 6, 2020 Page 10 of 12 memorializing the City Council’s position for consideration at the October 20, 2020 meeting. The motion passed on the following roll call vote: AYES: Dyda, Ferraro, and Mayor Cruikshank NOES: Bradley, and Mayor Pro Tem Alegria 4. Consideration and possible action to establish a sewer connection fee and to amend Section 13.06.030 (Sewer Service Charges – Abalone Cove Landslide Abatement District) of Title 13 (Public Services) of the Rancho Palos Verdes Municipal Code (RPVMC) relating to sewer service charges for the Abalone Cove Sewer System. (O’Neill) Deputy City Clerk Takaoka noted that late correspondence was distributed and that there were no requests to speak. Principal Civil Engineer Dragoo presented a brief staff report and PowerPoint presentation. Councilmember Bradley moved, seconded by Mayor Pro Tem Alegria to: Adopt Resolution No. 2020-55, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 2010-77, THE MASTER SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES, TO ADOPT CONNECTION FEES FOR NEW CONNECTIONS TO THE ABALONE COVE SEWER; and, 2) Introduce Ordinance No. 639, AN ORDINANCE OF THE OF THE CITY OF RANCHO PALOS VERDES AMENDING SECTION 13.06.030 OF CHAPTER 13.06 (SEWER SERVICE CHARGES – ABALONE COVE LANDSLIDE ABATEMENT DISTRICT) OF TITLE 13 (PUBLIC SERVICES) OF THE RANCHO PALOS VERDES MUNICIPAL CODE RELATING TO ANNUAL SEWER SERVICE CHARGES. The motion passed on the following roll call vote: AYES: Bradley, Dyda, Ferraro, Alegria, and Mayor Cruikshank NOES: None 5. Consideration and possible action to receive a report on the status of the preparation of the Regional Housing Needs Assessment 6th Cycle Allocation Plan. (Silva) Deputy City Clerk Takaoka that there were no requests to speak nor was there any late correspondence. Deputy Director of Community Development Silva presented a brief staff report. Discussion ensued among Council Members and Staff. DRAFT City Council Minutes October 6, 2020 Page 11 of 12 Councilmember Bradley moved, seconded by Councilmember Ferraro to: Receive and file a report on the preparation of the Regional Housing Needs Assessment 6 th Cycle Allocation Plan. Without objection, Mayor Cruikshank so ordered. CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER: G. Consideration and possible action to take a position of support regarding California Proposition 20, which will appear on the statewide ballot on November 3, 2020. (Lee) Deputy City Clerk Takaoka noted that there were no requests to speak. Mayor Cruikshank noted that this item was pulled earlier this evening by Councilmember Bradley. Councilmember Bradley moved to not take a position on the item. The motion died due to a lack of a second. Discussion ensued among Council Members. Mayor Cruikshank moved, seconded by Mayor Pro Tem Alegria to approve Staff recommendation to: 1) Consider supporting Proposition 20 as requested by the Association for Los Angeles Deputy Sheriffs; and, 2) to adopt Resolution No. 2020- 53, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, IN SUPPORT OF PROPOSITION 20, THE “CRIMINAL SENTENCING, PAROLE, AND DNA COLLECTION INITIATIVE”, thereby supporting Proposition 20. The motion passed on the following roll call vote: AYES: Dyda, Ferraro, Alegria, and Mayor Cruikshank NOES: Bradley I. Consideration and possible action to award a construction contract agreement to Metrocell Construction, Inc. for the Rattlesnake Trail gate and fence. (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, Staff, and City Attorney Wynder. Councilmember Dyda moved to remove subsection (iii) of Section 1.10 on page 6 of the contract. The motion died due to a lack of a second. DRAFT City Council Minutes October 6, 2020 Page 12 of 12 Councilmember Ferraro moved, seconded by Mayor Pro Tem Alegria to approve Staff recommendation to: 1) Award a construction contract agreement to Metrocell Construction, Inc., in the not-to-exceed amount of $109,995, for the construction of a gate and fence at the Rattlesnake Trailhead; 2) Authorize the City Manager or Director of Finance to execute change orders up to an additional 10% of the value of the Metrocell Construction, Inc. contract (not to exceed $11,000) as contingency funds for potential unforeseen conditions; 3) Authorize the City Manager or Director of Finance to transfer savings of $21,000 from the Burma Trailhead gate project to the Rattlesnake Trailhead project; and, 4) Authorize the Mayor and City Clerk to execute the contract, subject to approval as to form by the City Attorney. The motion passed on the following roll call vote: AYES: Bradley, Ferraro, Alegria, and Mayor Cruikshank NOES: Dyda FUTURE AGENDA ITEMS: Councilmember Dyda stated he would like to review the RFP’s and contracts with the subcommittee being a report back to City Council no later than November. CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. Mayor Pro Tem Alegria moved to extend the meeting to 12:00 A.M. Without objection, Mayor Cruikshank so ordered. ADJOURNMENT At 11:51 P.M., Mayor Cruikshank adjourned this meeting. /s/ John Cruikshank Mayor Attest: /s/ Emily Colborn City Clerk