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CC DM 20210803 B - 20210706 CC MINS DRAFTMINUTES RANCHO PALOS VERDES CITY COUNCIL/IMPROVEMENT AUTHORITY REGULAR MEETING JULY 6, 2021 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 Alegria at 6:05 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, Cruikshank, Dyda and Mayor Alegria ABSENT: Ferraro* (excused, in Fireside Room) 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; and Teresa Takaoka, City Clerk. PUBLIC COMMENTS: None. CLOSED SESSION ITEM(S) ANNOUNCED: City Attorney Wynder announced the item to be discussed in Closed Session . 1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION A closed session will be held, pursuant to Government Code § 54956.9 (d)(2) or (d)(3) & (e)(1), because there is a significant exposure to litigation in one (1) case where the facts and circumstances giving rise to such exposure are believed to be unknown to the putative plaintiff(s). 2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION 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: People vs. Schoenfeld, South Bay Superior Court, Torrance, Citation No. 10002. 3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION A closed session will be held, pursuant to Government Code § 54956.9(d)(4), because the City is considering whether to initiate litigation in three (3) cases. 1 DRAFT City Council Minutes July 6, 2021 Page 2 of 9 RECESS TO CLOSED SESSION (FIRESIDE ROOM): At 6:06 P.M., the Council recessed to Closed Session. *At 6:06 P.M. Councilmember Ferraro joined Closed Session in the Fireside Room. RECONVENE TO REGULAR MEETING: At 7:11 P.M. the Closed Session was adjourned 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 Alegria at 7:11 P.M. at Fred Hesse Community Park, McTaggart Hall, 29301 Hawthorne Boulevard, notice having been given with affidavit thereto on file. City Council roll call was answered as follows: PRESENT: Bradley, Cruikshank, Dyda, Ferraro, and Mayor Alegria 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; Cory Linder, Director of Recreation and Parks; Ramzi Awwad, Director of Public Works; Lukasz Buchwald, Information Technology Manager; and Teresa Takaoka, 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 Director of Recreation and Parks Linder. CLOSED SESSION REPORT: City Attorney Wynder reported that the City Council met in Closed Session and discussed all items on the agenda. There was a privileged and confidential briefing from the City Attorney’s office on facts and circumstances which could give rise to litigation in one case. Questions were asked and answered, and no reportable actions given. In regard to the Closed Session item of pending litigation to which the City is a party (People vs. Schoenfeld, South Bay Superior Court, Torrance, Citation No. 10002), there was a privileged and confidential briefing from the City Attorney’s office. The City 2 DRAFT City Council Minutes July 6, 2021 Page 3 of 9 Council directed staff to undertake some investigation but advised that the current prosecution is to proceed forward unevaded. The City Council discussed three circumstances under which the City would consider initiating litigation. There were privileged and confidential briefings were provided. Questions were asked and answered, but no reportable actions were taken at this time. MAYOR’S ANNOUNCEMENTS: Mayor Alegria wished everyone a Happy Independence Day and thanked staff for a wonderful Fourth of July event which was well attended and enjoyed by all. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Alegria announced the Recycle Winners for the June 15, 2021, City Council meeting: Jacqueline Wehmeyer and Susan Spellacy. 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: Councilmember Cruikshank moved, seconded by Councilmember Dyda, to approve the agenda as presented. The motion passed on the following roll call vote: AYES: Bradley, Cruikshank, Dyda, Ferraro, and Mayor Alegria NOES: None PUBLIC COMMENTS FOR NON-AGENDA ITEMS: City Clerk Takaoka reported that there were three requests to speak. The following members of the public addressed the City Council: Mark Frederickson; and Sunshine. The last speaker was not available. CITY MANAGER REPORT: City Manager Mihranian wished to acknowledge staff for attending the meeting in person. City Manager Mihranian provided updates on the following: Fourth of July annual celebration; Native Plant Garden Volunteer event to be held on Sunday, July 11 at Pt. Vicente Interpretive Center; Beach Cleanup event on Saturday, July 27 at Ocean Trails Reserve; Movies in the Park events on July 17 and August 14; Summer Concerts in the Park events at City Hall/Civic Center on July 31 and August 28; Palos Verdes Nature Preserve virtual quarterly public forum on July 21; and as of July 6 the 3 DRAFT City Council Minutes July 6, 2021 Page 4 of 9 ParkMobile app is now active for parking reservations when visiting Del Cerro Park or the Portuguese Bend Reserve. CONSENT CALENDAR: City Clerk Takaoka reported that late correspondence was distributed prior to the meeting regarding Item H and there was one request to speak on Item H. Councilmember Cruikshank moved, seconded by Councilmember Ferraro, to approve the Consent Calendar with Item H to be heard immediately following the Consent Calendar. The motion passed on the following roll call vote: AYES: Bradley, Cruikshank, Dyda, Ferraro, and Mayor Alegria NOES: None ABSENT: 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 June 1, 2021, Regular Meeting of the City Council and Improvement Authority. C. Registers of Demands (Mata) Adopted Resolution No. 2021-30, 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; and, Adopted Resolution No. IA 2021-07, A RESOLUTION OF THE RANCHO PALOS VERDES IMPROVEMENT AUTHORITY, ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. D. Consideration and possible action to receive and file the May 2021 Cash Balances/Monthly Treasurers’ Reports. (Lin) Received and filed the May 2021 Cash Balances/Monthly Treasurer’s Report for the City and the Improvement Authority. E. Consideration and possible action regarding a claim against the City by David R. Martin. (Takaoka) 4 DRAFT City Council Minutes July 6, 2021 Page 5 of 9 Rejected the claim and directed Staff to notify the claimant, David R. Martin. F. Consideration and possible action to award a professional services agreement to Sunbeam Consulting for construction management and inspection services for the Playground Equipment Surface Replacement Project. (Eder) 1) Awarded a Professional Services Agreement, in a form approved by the City Attorney, to Sunbeam Consulting for construction management and inspection services for the Playground Equipment Surface Replacement Project, for an amount not to exceed $16,000; and, 2) Authorized the Mayor and City Clerk to execute the professional services agreement. G. Consideration and possible action to authorize the Mayor to sign letters in opposition to SB12, SB 55 and SB 63. (Villalpando) Authorized the Mayor to sign letters in opposition to SB 12, SB 55 and SB 63. H. Consideration and possible action to approve a contract amendment with Alta Planning and Design to update the Trails Network Plan. (Lozano) This item was removed for separate consideration. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: H. Consideration and possible action to approve a contract amendment with Alta Planning and Design to update the Trails Network Plan. (Lozano) City Clerk Takaoka noted that there was one request to speak. The following member of the public addressed the City Council: Sunshine. Discussion ensued among Council Members and Staff. Councilmember Dyda moved, seconded by Councilmember Ferraro, to approve staff recommendation to: 1) Receive and file the status report on the Trails Network Plan update; and, 2) Approve Amendment No. 1 to the Professional Service Agreement with Alta Planning and Design thereby increasing the cost by $6,750 and extending the term to July 6, 2022 to complete the update of the City’s Trails Network Plan. The motion passed on the following roll call vote: AYES: Bradley, Cruikshank, Dyda, Ferraro, and Mayor Alegria NOES: None PUBLIC HEARINGS: None 5 DRAFT City Council Minutes July 6, 2021 Page 6 of 9 REGULAR BUSINESS: 1. Consideration and possible action to review the work plans and biannual reports from various City advisory boards and the Planning Commission. (Bañales) City Clerk Takaoka noted that no late correspondence was received and there were no requests to speak. Deputy City Manager Bañales shared a PowerPoint presentation and noted that each advisory board work plan and biannual report would be presented by the respective chairs of the advisory boards and Planning Commission. Committee member Carolynn Petru presented on behalf of Chair Gregory O’Brien for the Civic Center Advisory Committee (CCAC); Chair Larry Maizlish presented for the Emergency Preparedness Committee (EPC); Chair George Lewis presented for the Finance Advisory Committee (FAC); Vice-Chair Tina Vargas presented on behalf of Chair Don Swanson for the Infrastructure Management Advisory Committee (IMAC); Chair Stephen Perestam presented for the Planning Commission (PC); and Director of Public Works Awwad presented on behalf of Chair Larry Liu for the Traffic Safety Committee (TSC). Each Chair or selected member or staff presented their respective advisory board work plans and biannual reports. Discussion ensued among Council Members, advisory board members and Staff between each presentation. Councilmember Cruikshank moved, seconded by Mayor Pro Tem Bradley, to approve staff recommendation to: 1) Receive and file the biannual reports for the FY2020-21 Work Plans from the City's Advisory Boards and Planning Commission; and, 2) Approve the work plans for the City’s Advisory Boards for FY 2021-22. The motion passed on the following roll call vote: AYES: Bradley, Cruikshank, Dyda, Ferraro, and Mayor Alegria NOES: None Mayor Alegria called for a brief recess at 9:00 P.M. The meeting reconvened at 9:12 P.M. PUBLIC COMMENTS FOR NON-AGENDA ITEMS: Mayor Alegria reported that there was one additional request to speak under Public Comments for Non-Agenda Items. The following member of the public addressed the City Council: Steve Cooley. 6 DRAFT City Council Minutes July 6, 2021 Page 7 of 9 2. Consideration and possible action to review an updated cost estimate and approve a fourth amendment to the professional services agreement with Johnson Favaro for the Ladera Linda Community Center and Park Project. (Awwad) City Clerk Takaoka noted that late correspondence was distributed and there was one voicemail received. Director of Public Works Awwad presented a staff report and PowerPoint presentation. The following member of the public addressed the City Council via voicemail: Elliott Levy. Discussion ensued among Council Members and Staff. Councilman Cruikshank requested Staff consult with Southern California Edison on whether a franchise agreement exists that covers the replacement cost of equipment and Councilman Dyda suggested that change orders for this project be processed the same as other contracts and that staff should post the information on the website to keep the community informed. Councilmember Cruikshank moved, seconded by Councilmember Ferraro, to approve staff recommendation to: 1) Review the updated cost estimate for the Ladera Linda Community Center and Park Project; 2) Authorize the additional appropriation of $132,334 in support of the ongoing design effort for the Ladera Linda Community Center and Park Project; and, 3) Authorize the Mayor to approve Amendment No. 4 to the Professional Services Agreement, in a form approved by the City Attorney, with Johnson Favaro for ongoing architectural and engineering services for the Ladera Linda Community Center and Park Project, authorizing changes to the scope of work that are needed to complete the additional necessary services at a new contract sum of $711,082. The motion passed on the following roll call vote: AYES: Bradley, Cruikshank, Dyda, Ferraro, and Mayor Alegria NOES: None 3. Consideration and possible action to extend the Preserve Shuttle Program for an additional 90 days. (Trautner) City Clerk Takaoka noted that late correspondence was distributed and there were no requests to speak. Director of Recreation and Parks Linder presented a staff report and PowerPoint presentation. Discussion ensued among Council Members and Staff. 7 DRAFT City Council Minutes July 6, 2021 Page 8 of 9 Mayor Pro Tem Bradley moved, seconded by Councilmember Ferraro, to pause the Preserve Shuttle Pilot program for a period of 90 days, inform PV Transit, and reevaluate the program at a future meeting. The motion passed on the following roll call vote: AYES: Bradley, Cruikshank, Dyda, and Ferraro NOES: Mayor Alegria 4. Consideration and possible action to approve a City platform responding to housing and local land use legislation. (Bright) City Clerk Takaoka noted that there were no requests to speak. Mayor Alegria moved to extend the meeting to 11:00 P.M. Without objection, Mayor Alegria so ordered. City Attorney Wynder presented a brief overview of the agenda item. Discussion ensued among Council Members, Staff, and City Attorney Wynder. Mayor Pro Tem Bradley moved, seconded by Councilmember Ferraro, to: 1) Adopt Resolution No. 2021-31, thereby approving the City of Rancho Palos Verdes Housing and Local Land Use Legislative Platform and directing Staff to publish the platform on the City’s networks; 2) Authorize the Mayor to sign a letter to, among other agencies, the League of California Cities (Cal Cities) Housing, Community, and Economic Development Policy Committee, sharing the City’s housing platform and preferred legislative priorities and requesting collaboration to build a coalition to protect local land use authority; and, 3) Direct Staff to disseminate educational materials for residents on how to engage with their elected officials. The motion passed on the following roll call vote: AYES: Bradley, Cruikshank, Dyda, Ferraro, and Mayor Alegria NOES: None CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER: None FUTURE AGENDA ITEMS: Councilmember Ferraro requested to consider sending a letter regarding a vote of no confidence in Los Angeles County District Attorney George Gascon. Councilmember Cruikshank requested considering what is and isn’t allowed regarding motorized bikes in the preserve areas. 8 DRAFT City Council Minutes July 6, 2021 Page 9 of 9 Mayor Alegria requested to consider amending the Municipal Code to have the Planning Commission conduct annual reviews. Mayor Pro Tem Bradley requested that staff come back with options to reduce speed regarding traffic mitigation on the road leading to Los Verdes. City Manager Mihranian responded that the City Council has authorized staff to move forward with traffic calming. Staff met with the traffic consultant to discuss traffic calming in four areas, with this area being one of them. CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. ADJOURNMENT: At 10:45 P.M., Mayor Alegria adjourned to 6:00 P.M. on July 20, 2021, for a Closed Session meeting and 7:00 P.M. for an Adjourned Regular meeting. /s/ Eric Alegria Mayor Attest: /s/ Teresa Takaoka City Clerk 9