CC MINS 20201006 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 (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— 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
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 Banales, 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 Sheriffs
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
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October 6, 2020
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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. 2OTRCV00419. 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:
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City Manager Mihranian announced the following: October is Breast Cancer Awareness
Month; Lomita Sheriffs 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: NoneI
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)
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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)
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Authorized Amendment No. 3 to the professional service agreement with Michael
Baker International, Inc., in the amount of$6,500, thereby 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
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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
111 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.
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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 Tern 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: NoneI
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 Tern Alegria moved to extend the meeting to 11:00 P.M. Without
objection, Mayor Cruikshank so ordered.
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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
111 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
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memorializing the City Council's position for consideration at the October 20, 2020
meeting.
The motion passed on the following roll call vote: III
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. 111
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Councilmember Bradley moved, seconded by Councilmember Ferraro to: Receive
and file a report on the preparation of the Regional Housing Needs Assessment 6th
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.
s
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.
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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.
Mayor
Attest:
ity Clerk '
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