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CC DM 20210817 B - 20210803 CC MINS DRAFTDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL/IMPROVEMENT AUTHORITY REGULAR MEETING AUGUST 3, 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 6:41 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) Also present were Ara Mihranian, City Manager; Karina Bañales, Deputy City Manager; Elena Gerli, Assistant City Attorney; Trang Nguyen, Director of Finance; Ken Rukavina Director of Community Development; Cory Linder Director of Recreation and Parks; Teresa Takaoka, City Clerk; and Danny Aleshire, Special Counsel. PUBLIC COMMENTS: None. CLOSED SESSION ITEM(S) ANNOUNCED: Assistant City Attorney Gerli 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)(4), because the City is considering whether to initiate litigation in one (1) case. RECESS TO CLOSED SESSION (FIRESIDE ROOM): At 6:42 P.M., the Council recessed to Closed Session. RECONVENE TO REGULAR MEETING: At 7:22 P.M. the Closed Session was adjourned to the Regular meeting. REGULAR MEETING – OPEN SESSION CALL TO ORDER: DRAFT City Council Minutes August 3, 2021 Page 2 of 11 A Regular meeting of the Rancho Palos Verdes City Council was called to order by Mayor Alegria at 7:22 P.M. at Fred Hesse Community Park, McTaggart Hall, 29301 Hawthorne Boulevard, notice having been given with affidavit thereto on file. CLOSED SESSION REPORT: Assistant City Attorney Gerli reported that the City Council met in Closed Session and discussed the anticipated litigation item on the agenda and no reportable actions given. ROLL CALL: City Council roll call was answered as follows: PRESENT: Bradley, Cruikshank, Dyda, and Mayor Alegria ABSENT: Ferraro (excused) Also present were Ara Mihranian, City Manager; Karina Bañales, Deputy City Manager; Elena Gerli, Assistant 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. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Deputy City Manager Bañales. MAYOR’S ANNOUNCEMENTS: Mayor Alegria announced that the City will celebrate its one-year Sister City partnership with Sakura City, Japan on Wednesday, August 4. A new sign will be unveiled at the event. The event is open to the public and will take place at City Hall in the parking lot. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Alegria announced the Recycle Winners for the June 15, 2021, City Council meeting: Gigi and David Kramer, and Richard Kidd. 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. Mayor Alegria announced that the new recycler of the month entry cards will be included in the July billing statements. Starting on August 3, winners will be drawn from the new batch of Recyclers of the Month cards. DRAFT City Council Minutes August 3, 2021 Page 3 of 11 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, and Mayor Alegria NOES: None ABSENT: Ferraro (excused) PUBLIC COMMENTS FOR NON-AGENDA ITEMS: City Clerk Takaoka reported that there were no requests to speak. CITY MANAGER REPORT: City Manager Mihranian provided updates on the following: Lomita Sheriff’s Station working with Neighborhood Watch on August 3 for National Night Out; Parking fees are now in effect for parking on Crenshaw Boulevard and reservations can be made using the ParkMobile App; Movies in the Park events on August 14; South Bay summer bike ride with Assemblymember Al Muratsuchi on August 22; Housing Element update study session joint meeting with City Council and Planning Commission on August 24; and Sister City one-year anniversary celebration with Sakura City, Japan on August 4. CONSENT CALENDAR: City Clerk Takaoka reported that late correspondence was distributed prior to the meeting regarding Items H and K. Mayor Pro Tem Bradley requested that Item K be considered after Regular Business. Mayor Pro Tem Bradley moved, seconded by Councilmember Cruikshank, to approve the Consent Calendar with Item K to be considered after Regular Business. The motion passed on the following roll call vote: AYES: Bradley, Cruikshank, Dyda, and Mayor Alegria NOES: None ABSENT: Ferraro (excused) 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 August 3, 2021 Page 4 of 11 B. Approval of Minutes (Takaoka) Approved the Minutes of July 6, Regular Meeting of the City Council and Improvement Authority. C. Registers of Demands (Mata) Adopted Resolution No. 2021-36, 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, Adopt Resolution No. IA 2021-08, 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 June 2021 Cash Balances/Monthly Treasurers’ Reports. (Lin) Received and filed the June 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 Atash Soltani. (Takaoka) Rejected the claim and directed Staff to notify the claimant, Atash Soltani F. Consideration and possible action to authorize the Mayor to sign a letter opposing SB 262 (Hertzberg/Skinner). (Bright) Authorized the Mayor to sign a letter opposing SB 262, which would require bail to be set at $0 for all offenses except, among others, serious or violent felonies, violations of specified protective orders, domestic violence, sex offenses, and driving under the influence. G. Consideration and possible action to designate voting delegates and alternates for the upcoming League of California Cities Annual Business Meeting. (Takaoka) Designated Mayor Alegria as the voting delegate and Councilman Dyda and City Manager Mihranian as the second voting delegate alternates for the League of California Cities Annual Business Meeting scheduled for Friday, September 24, 2021. H. Consideration and possible action to authorize the Mayor to sign a letter in response to District Attorney George Gascón’s July 21, 2021 letter. (Wynder) Authorized the Mayor to sign a response letter, as amended, to District Attorney George Gascón regarding the impact of his Special Directives on public safety. DRAFT City Council Minutes August 3, 2021 Page 5 of 11 I. Consideration and possible action to approve Amendment No. 1 to the existing Contract Services Agreement with Tyler Technologies, Inc . for the City’s financial services software. (Ramos) 1) Authorized the Mayor to sign Amendment No. 1 to the existing Contract Services Agreement with Tyler Technologies, Inc. for ongoing Software as a Service (SaaS) system thereby extending the term through June 30, 2026 and increasing the sum to a not-to-exceed amount of $725,944.11, in a form approved by the City Attorney; and, 2) Authorized the City Manager or Director of Finance to execute change orders up to an additional 10% of the five-year term (not to exceed $30,600) as contingency funds for additional support as needed. J. Consideration and possible action to amend Title 2 (Administration and Personnel) of the Rancho Palos Verdes Municipal Code to add a new chapter relating to electronic filing of campaign statements and conflict of interest statements. (Takaoka) 1) Required the use of the City’s electronic filing system (NetFile) to ensure reporting ease and continuity for documents filed on behalf of a candidate or committee going forward to more easily comply with reporting guidelines set forth in AB 2151; and 2) Adopted Ordinance No. 649, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADDING CHAPTER 2.54 TO TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE RANCHO PALOS VERDES MUNICIPAL CODE AUTHORIZING ELECTRONIC AND PAPER METHODS OF FILING CAMPAIGN FINANCE DISCLOSURE STATEMENTS AND STATEMENTS OF ECONOMIC INTERESTS (FORM 700). K. Consideration and possible action to authorize the Mayor to sign a joint Peninsula letter regarding the indoor masking mandate. (Barnes) This item was removed for separate consideration. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: None PUBLIC HEARINGS: 1. Consideration and possible action to consider an appeal of a Community Development Department recommendation to remove one City-owned pine tree on City property adjacent to 4353 Palos Verdes Drive South (Case No. CTRP2021-0012). (Alvarez) City Clerk Takaoka reported that the notice of the public hearing was duly published, written protests were received, late correspondence was received, there was one request to speak, and the public hearing was continued from the July 20 meeting. DRAFT City Council Minutes August 3, 2021 Page 6 of 11 Senior Planner, John Alvarez presented a staff report and PowerPoint presentation. Discussion ensued among Council Members and Staff. The following appellant addressed the City Council: Deborah and Tom Berg. The following co-applicant addressed the City Council: Robert Locke. The following member of the public addressed the City Council: Lenée Bilski. Rebuttals were heard by the following: Deborah and Tom Berg and Robert Locke. City Council asked questions to co-applicant Robert Locke. Mayor Alegria declared the public hearing closed. Discussion ensued among Council Members, Staff, and Arborgate Consulting Inc. CEO, Greg Applegate. Councilmember Cruikshank moved, seconded by Mayor Pro Tem Bradley, to: Adopt Resolution No. 2021-37, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL AND THEREBY APPROVING THE REMOVAL OF ONE CITY-OWNED PINE TREE ON CITY PROPERTY (APN 7564-005-900), ADJACENT TO 4353 PALOS VERDES DRIVE SOUTH, TO RESTORE THE VIEWS THAT ARE SIGNIFICANTLY IMPAIRED BY THE PINE TREE FROM THE VIEWING AREAS LOCATED AT 4332 AND 4324 ADMIRABLE DRIVE (CASE NO. CTRP2021-0012), and directed Staff to work with the Seaview HOA on agreeable replacement vegetation. The motion passed on the following roll call vote: AYES: Bradley, Cruikshank, Dyda, and Mayor Alegria NOES: None ABSENT: Ferraro (excused) 2. Consideration and possible action to consider an appeal of a Site Plan Review with Neighborhood Compatibility application on the property located at 30137 Avenida Tranquila (Case No. PLSR2019-0365). (Guillean) City Clerk Takaoka reported that the notice of the public hearing was duly published, written protests were received, late correspondence was received, and there were six requests to speak. Mayor Alegria declared the public hearing open. Assistant Planner, Maricela Guillean presented a staff report and PowerPoint presentation. DRAFT City Council Minutes August 3, 2021 Page 7 of 11 Discussion ensued among Council Members and Staff. The following appellant addressed the City Council: Rick Morales. The following applicant addressed the City Council: Tatiana and Siamak Esteghball. The following members of the public addressed the City Council: Debrey Miao; Gina Whittlesey; Bill Whittlesey; Scott Wellman; Kenneth Scott; Corry Lieng (voicemail); and Rosie Morales. Rebuttals were heard by the following: Rick Morales and Tatiana and Siamak Esteghball. Mayor Alegria declared the public hearing closed. Discussion ensued among Council Members, Staff, and Planning Commission Chair Stephen Perestam. Mayor Pro Tem Bradley moved, seconded by Councilmember Cruikshank, to reject Staff’s recommendation thereby upholding the appeal and denying the project without prejudice. The motion passed on the following roll call vote: AYES: Bradley, Cruikshank, Dyda, and Mayor Alegria NOES: None ABSENT: Ferraro (excused) Mayor Pro Tem Bradley called for a brief recess at 10:03 P.M. Without objection, Mayor Alegria so ordered. The meeting reconvened at 10:16 P.M. Councilmember Cruikshank moved to extend the meeting to 11:00 P.M. Without objection, Mayor Alegria so ordered. REGULAR BUSINESS: 3. Consideration and possible action to appoint two members to the Civic Center Advisory Committee. (Takaoka) City Clerk Takaoka announced that ballots were distributed earlier in the evening to appoint members to the Civic Center Advisory Committee. After one round of balloting, the following appointments were made: David Koch and Carolynn Petru were appointed to the Civic Center Advisory Committee, with full terms to expire June 30, 2024. DRAFT City Council Minutes August 3, 2021 Page 8 of 11 4. Consideration and possible action on the possible refurbishment and installation of the Marineland Bubbles statue at the Point Vicente Interpretive Center (PVIC). (Waters) City Clerk Takaoka noted that late correspondence was distributed and there were no requests to speak. Mayor Alegria moved to waive staff report, hearing no objections it was so ordered. Discussion ensued among Council Members and Staff. Mayor Alegria moved, seconded by Councilmember Dyda, to approve staff recommendation to: 1) Affirm the 2017 Council-approved installation of the Marineland Bubbles statue as an entry marquee to be located to the north of the PVIC building just before the main parking lot; 2) Direct Staff to reissue a request for proposals from professional consultants to design the entry marquee that integrates the Marineland Bubbles statue at PVIC; 3) Work with Jon Sansom, Suzanne Seymour, and other interested parties to explore a futu re capital campaign and potential in-kind services; and, 4) Direct Staff to research and solicit current restoration and moving cost estimates. The motion passed on the following roll call vote: AYES: Bradley, Cruikshank, Dyda, and Mayor Alegria NOES: None ABSENT: Ferraro (excused) 5. Consideration and possible action to initiate code amendment proceedings to amend the Rancho Palos Verdes Municipal Code (RPVMC) to develop a smoke-free ordinance in multi-family housing units. (Silva) City Clerk Takaoka noted that late correspondence was distributed and there were four requests to speak and two voicemails received. Deputy Director of Community Development Silva presented a brief staff report and PowerPoint presentation. The following members of the public addressed the City Council: Alix Politanoff; Shalin Craig; Dominga Pardo; and Mark Han. The following members of the public left a voicemails to be heard by City Council: Ryan Paillet; and Linus Young Yeh. Discussion ensued among Council Members. Councilmember Cruikshank moved to extend the meeting to 11:30 P.M. Without objection, Mayor Alegria so ordered. DRAFT City Council Minutes August 3, 2021 Page 9 of 11 Discussion continued among Council Members and Staff. Mayor Alegria moved, seconded by Councilmember Cruikshank, to: proceed with staff recommendation to receive a report on developing a new smoke -free ordinance in multi-family housing units and also proceed with the preparation of an ordinance related to a ban on smoking in multi-family facilities while working with residents, homeowners associations and other organizations that have reached out to the City. An amendment to the original motion was made by Mayor Pro Tem Bradley and approved by the original motion maker to also include Accessory Dwelling Units (ADU’s) and Junior Accessory Dwelling Units (JADU’s) as multi-family facilities. The motion failed with the following tie roll call vote: AYES: Cruikshank, and Mayor Alegria NOES: Bradley, and Dyda ABSENT: Ferraro (excused) Discussion continued among Council Members and Staff. Council directed Staff to reach out to organizations and property owners with incentives to prohibit smoking in multi-family units/receive and file and return at a future date with findings. Mayor Alegria moved, seconded by Councilmember Cruikshank, to receive and file the staff report and return at a future date with additional information. The motion passed on the following roll call vote: AYES: Bradley, Cruikshank, Dyda, and Mayor Alegria NOES: None ABSENT: Ferraro (excused) 6. Consideration and possible action to consider a potential City facility to be renamed in honor of Councilmember Ken Dyda. (Waters) *Councilmember Dyda recused himself at 11:18 P.M Discussion ensued among Council Members and Staff. Mayor Pro Tem Bradley moved, seconded by Councilmember Cruikshank, to direct Staff to have the Civic Center Advisory Committee review and provide a recommendation on an appropriate naming tribute at the Civic Center for consideration by the City Council at the October 19 meeting. The motion passed on the following roll call vote: AYES: Bradley, Cruikshank, and Mayor Alegria DRAFT City Council Minutes August 3, 2021 Page 10 of 11 NOES: None ABSENT: Dyda (recused), and Ferraro (excused) Mayor Pro Tem Bradley moved to extend the meeting to 11:45 P.M. Without objection, Mayor Alegria so ordered. CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER: K. Consideration and possible action to authorize the Mayor to sign a joint Peninsula letter regarding the indoor masking mandate. (Barnes) City Clerk Takaoka noted that late correspondence was distributed and there were no requests to speak. Mayor Alegria moved to waive staff report, hearing no objections it was so ordered. Mayor Alegria noted that this item was pulled earlier this evening by Mayor Pro Tem Bradley. Discussion ensued among Council Members. Councilmember Cruikshank moved, seconded by Mayor Alegria, to approve staff recommendation to: Authorize the Mayor to sign a joint Peninsula letter to the L.A. County Board of Supervisors and the Department of Public Health calling for the indoor masking mandate to be rescinded (noting that there may be non-substantive changes from Rolling Hills Estates Councilmembers/Staff, and any substantive changes would be brought back to the City Council). The motion passed on the following roll call vote: AYES: Cruikshank and Mayor Alegria NOES: Bradley ABSENT: Dyda (excused), and Ferraro (excused) FUTURE AGENDA ITEMS: Mayor Pro Tem Bradley requested that staff come back with a recommendation for additional electronic surveillance monitoring of vandalism during off-hours at trailheads and parking areas. CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. DRAFT City Council Minutes August 3, 2021 Page 11 of 11 ADJOURNMENT: At 11:38 P.M., Mayor Alegria adjourned to 5:00 P.M. for a Special Meeting on August 4, 2021, (Sakura Sister City Event) at City Hall –at 30940 Hawthorne Boulevard and, adjourned to 6:00 P.M. on August 17, 2021, for a Closed Session meeting and 7:00 P.M. for an Adjourned Regular meeting at McTaggart Hall – Hesse Park. ____________________ Mayor Attest: ___________________________ City Clerk