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CC DM 20210921 B - 20210817 DRAFT CC MINSDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING AUGUST 17, 2021 CALL TO ORDER: A Regular meeting of the Rancho Palos Verdes City Council was called to order by Mayor Alegria at 6:05 P.M. at Fred Hesse Community Park, McTaggart Hall, 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; Ramzi Awwad, Director of Public Works; Lukasz Buchwald, Information Technology Manager; 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)(2), because there is a significant exposure to litigation in in one (1) case. Legal objections have been asserted by Southern California Edison about the agenda item addressing the proposed ordinance dealing with encroachment permits. 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 7:02 P.M. the Closed Session was adjourned to the Regular meeting. DRAFT-City Council Minutes August 17, 2021 Page 2 of 11 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 7:02 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; Charles Eder, Senior Engineer; Jaehee Yoon, Senior Planner; Katie Lozano, Senior Administrative Analyst; Jesse Villalpando, Senior Administrative Analyst; 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 Councilmember Cruikshank. MAYOR’S ANNOUNCEMENTS: Mayor Alegria announced the recent Council item on Bubbles. There has been a great amount of media coverage and a GoFundMe account has been created for this project. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Alegria announced the Recycle Winners for the August 3, 2021, City Council meeting: Shashi Mahajan and Kwang Kim. 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: *City Attorney Wynder noted that regarding Item 6, when approving the agenda, Staff recommends to continue Item 6 to an indefinite date in light of recent public comments to allow staff to address their concerns. DRAFT-City Council Minutes August 17, 2021 Page 3 of 11 Councilmember Cruikshank moved, seconded by Councilmember Ferraro, to approve the agenda as presented with the exception of Item 6. The motion passed on the following roll call vote: AYES: Bradley, Cruikshank, Dyda, Ferraro, and Mayor Alegria NOES: None 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 regarding agenda Item 6. A number of legal objections were received to provisions of the draft ordinance of Encroachment Permits for Public Utilities; Cox Cable and two of the City’s wireless providers. Those communications came in late for City Council and City Attorney to prepare and discuss. City Attorney Wynder is requesting that this item be continued indefinitely for which action that is taken. The Council directed Staff to meet with the various stakeholders to engage in a dialogue to better understand their concerns about the Ordinance and the Council appointed the Mayor Pro Tem Bradley and Councilmember Cruikshank as an ad hoc subcommittee to assist Staff with meeting with the various stakeholders. PUBLIC COMMENTS FOR NON-AGENDA ITEMS: City Clerk Takaoka reported that there were twelve requests to speak. The following members of the public addressed the City Council: Constance Turner, Michael Glen, Faviola Ochoa, Kathy Campbell, Miriam Naomi Foust, Angie Gilbride, Agustin Baeza, John Heffernan, Sharon Jang, Prakash Dheeriya, Maurice Haeems, and Sharon Yarber. CITY MANAGER REPORT: City Manager Mihranian provided updates on the following: One Year Anniversary Celebration with Sakura City; Upcoming Housing Element Update Study Session; Upcoming 80’s Summer Concert in the Park event on August 28; Budget in Brief is now available; and City Hall will be closed on September 6 due to Labor Day. Captain Powers provided a quarterly Law enforcement update. CONSENT CALENDAR: City Clerk Takaoka reported that late correspondence was distributed prior to the meeting regarding Item K. City Clerk Takaoka reported that Items D and K were pulled during the approval of the agenda. DRAFT-City Council Minutes August 17, 2021 Page 4 of 11 Councilmember Dyda moved, seconded by Councilmember Ferraro, to approve the Consent Calendar with Item D pulled by Councilmember Dyda, and Item K pulled by Mayor Pro Tem Bradley. 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 August 3, 2021, Regular Meeting of the City Council and Improvement Authority, and Special Meeting (CCAC Interviews); and August 4, 2021, Special Meeting (Sakura Sister Cities Ceremony). C. Registers of Demands (Mata) Adopted Resolution No. 2021-38, 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 approve a Contract Services Agreement for the printing of the City’s quarterly newsletters and recreation inserts in Fiscal Year 2021-22. (Waters) This item was removed for separate consideration. E. Consideration and possible action to adopt Ordinance No. 649 amending Title 2 (Administration and Personnel) of the Rancho Palos Verdes Municipal Code thereby adding a new chapter relating to electronic filing of campaign statements and conflict of interest statements. (Takaoka) 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). DRAFT-City Council Minutes August 17, 2021 Page 5 of 11 F. Consideration and possible action to authorize the Mayor to sign a letter supporting S. 2430 (Water Conservation Rebates) and S. 2432 (Disaster Mitigation Rebates). (Bright) 1) Authorized the Mayor to sign a letter supporting S. 2430, which would make rebates received from water utilities for water conservation improvements exempt from federal taxes; and 2) Authorized the Mayor to sign a letter supporting S. 2432, which would make rebates received for making natural disaster mitigation improvements to their homes exempt from federal taxes. G. Consideration and possible action to adopt a resolution upholding an appeal and denying, without prejudice, a Site Plan Review with Neighborhood Compatibility application for the construction of a new addition and roof deck at 30137 Avenida Tranquila (CASE NO. PLSR2019-0365) (Guillean) Adopted Resolution No. 2021-39, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES UPHOLDING AN APPEAL AND DENYING, WITHOUT PREJUDICE, A SITE PLAN REVIEW WITH NEIGHBORHOOD COMPATIBILITY FOR THE CONSTRUCTION OF A NEW 305 FT2 THIRD-STORY ADDITION AND CONSTRUCTION OF A 881 FT2 ROOF DECK AT 30137 AVENIDA TRANQUILA. H. Consideration and possible action to authorize the Mayor to sign a letter to Southern California Edison (SCE) calling for the prioritization of funding for undergrounding projects. (Villalpando) Authorized the Mayor to sign a letter to SCE’s chief executive officer calling for the prioritization of funding for undergrounding projects. I. Consideration and possible action to approve Amendment No. 1 to the All City Management Services agreement for school crossing guard services for the 2021-22 school year. (Ramezani) 1) Approved Amendment No. 1 to the All City Management Services (ACMS) agreement to provide crossing guard services at Dodson Middle School, Miraleste Intermediate School, Ridgecrest Intermediate School, and Silver Spur Elementary School during the 2021-2022 school year including the 2022 summer school session; and 2) Authorized the Mayor and the City Clerk to execute Amendment No. 1 for $92,818.62 with a contingency of $2,181.38, for a total of $95,000. J. Consideration and possible action to enter into a professional services agreement with Sunbeam Consulting to provide flagging services for Miraleste Intermediate School during in-person school sessions. (Awwad) 1) Awarded a professional services agreement to Sunbeam Consulting in the amount not to exceed $161,070 annually that may be extended by two additional DRAFT-City Council Minutes August 17, 2021 Page 6 of 11 one-year terms by the City Manager to provide flagging services primarily for Miraleste Intermediate School during in-person school sessions between August 1, 2021, and July 31, 2024; and 2) Authorized the Mayor and City Clerk to execute the professional services agreement subject to approval as to form by the City Attorney. K. Consideration and possible action to approve amendments to the contracts for the traffic signal project for the intersection of Palos Verdes Drive South and Palos Verdes Drive East. (O’Neill) This item was removed for separate consideration. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: None PUBLIC HEARINGS: 1. Consideration and possible action to establish a Residential Permit Parking Program within certain areas of the Oceanfront Estates neighborhood. (Seeraty) City Clerk Takaoka reported that the notice of the public hearing was duly published, no written protests were received, late correspondence was distributed and there was one request to speak. Mayor Alegria declared the public hearing open. Director of Community Development, Rukavina, presented a brief staff report requesting that this item be continued to October 19, 2021 . The following member of the public addressed the City Council: William Gallios. Councilmember Ferraro moved, seconded by Mayor Pro Tem Bradley, to: continue the public hearing to the October 19, 2021, City Council meeting. The motion passed on the following roll call vote: AYES: Bradley, Cruikshank, Dyda, Ferraro, and Mayor Alegria NOES: None 2. Consideration and possible action to consider an appeal of a Planning Commission denial of a Height Variation Permit, Major Grading Permit, Variance, Site Plan Review, and Encroachment Permit for the property located at 28160 Palos Verdes Drive East (Case No. PLVA2018-0001). (Yoon) City Clerk Takaoka reported that the notice of the public hearing was duly published, no written protests were received, late correspondence was distributed and there were six requests to speak. DRAFT-City Council Minutes August 17, 2021 Page 7 of 11 Mayor Alegria declared the public hearing open. Councilmember Cruikshank recused himself at 7:56 P.M. Senior Planner Yoon presented a staff report and PowerPoint presentation. Chairman Perestam discussed Planning Committee commissioners’ overview. Chairman Liu discussed Traffic Safety Committee committee members’ overview. Discussion ensued among Council Members, Staff and Chairmen Perestam and Liu, respectively. The following appellants addressed the City Council: Luis DeMoraes (designated by appellant David DeLangis). The following members of the public addressed the City Council: Richard Tippett; Elizabeth Sala; Madeline Ryan (voicemail). Rebuttals were heard by the following: Dave DeLangis. Mayor Alegria declared the public hearing closed. Discussion ensued among Council Members. Mayor Pro Tem Bradley moved, seconded by Councilmember Ferraro, to: deny the appeal without prejudice and directed Staff to return with a resolution with findings of Staff at the next City Council meeting. AYES: Bradley, Dyda, Ferraro, and Mayor Alegria NOES: None RECUSED: Cruikshank Mayor Alegria called for a brief recess at 8:58 P.M. The meeting reconvened at 9:09 P.M. REGULAR BUSINESS: 3. Consideration and possible action to amend Chapter 12.16 (Streets, Parks and Recreational Facilities) of Title 12 (Streets, Sidewalks and Public Places) of the Rancho Palos Verdes Municipal Code and to update the City’s bail schedule. (Lozano) City Clerk Takaoka noted that late correspondence was received and distributed and there was one request to speak. DRAFT-City Council Minutes August 17, 2021 Page 8 of 11 Senior Administrative Analyst Lozano presented a staff report and PowerPoint presentation. Discussion ensued among Council Members and Staff. The following member of the public addressed the City Council: Peter Shaw. Mayor Alegria moved, seconded by Councilmember Ferraro, to: 1) Introduce Ordinance No. 650, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES RENAMING THE TITLE OF CHAPTER 12.16 TO READ, “STREETS, PARKS, PRESERVE, AND RECREATIONAL FACILITIES”; REPEALING AND REPLACING SECTIONS 12.16.010 (PROTECTION OF FLORA, FAUNA AND PUBLIC BUILDINGS AND STRUCTURES), 12.16.020 (MOTORIZED VEHICLES); AND ADDING 12.16.170 (COMMERCIAL SERVICES AND INDUSTRIAL ACTIVITIES PROHIBITED IN PARKS, PRESERVE, AND RECREATIONAL AREAS) OF CHAPTER 12.16 (STREETS, PARKS AND RECREATIONAL FACILITIES) OF TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE RANCHO PALOS VERDES MUNICIPAL CODE, thereby prohibiting the use of motor vehicles and e-bikes, and commercial services and industrial activities in City parks, Preserve, and recreational areas and, 2) Adopted Resolution No. 2021-40, AMENDING THE CITY’S BAIL SCHEDULE TO REFLECT CHANGES TO THE MUNICIPAL CODE AND TO UPDATE FINE AMOUNTS FOR SPECIFIC VIOLATIONS, as amended with the deletion of Section 10.44.010. A substitute motion by Councilmember Dyda requesting the word “may” be changed to “shall” in Section 3, paragraph C of the ordinance died for lack of a second. Mayor Pro Tem Bradley requested friendly amendment to exclude 12.16.045 subsection C (overflying) of the ordinance until further clarified. This amendment was accepted by the maker (Alegria) and seconder (Ferraro) of the motion. The motion passed on the following roll call vote: AYES: Bradley, Cruikshank, Ferraro, and Mayor Alegria NOES: Dyda 4. Consideration and possible action to receive a report on installing Wildfire Monitoring Cameras. (Villalpando) City Clerk Takaoka noted that there was one request to speak. Senior Administrative Analyst Villalpando presented a brief staff report and PowerPoint presentation. The following members of the public addressed the City Council: Larry Maizlish. Discussion ensued among Council Members and Staff. DRAFT-City Council Minutes August 17, 2021 Page 9 of 11 Councilmember Cruikshank moved, seconded by Mayor Alegria, to approve staff recommendation to: 1) Receive and file the report on installing Wildfire Monitoring Cameras throughout the City’s open space areas; and 2) Directed Staff to proceed with the procurement and installation issue with a request for proposals to vendors and present a report to the Council outlining the scope of work, cost estimates including details on operational and maintenance costs, and potential locations and pole heights for consideration at a future meeting; and 3) To work with the other Peninsula cities. The motion passed on the following roll call vote: AYES: Bradley, Cruikshank, Dyda, Ferraro, and Mayor Alegria NOES: None 5. Consideration and possible action to receive a status update from Cox Communications regarding its internet speed and reliability services. (Villalpando) City Clerk Takaoka noted that late correspondence was distributed and there were no requests to speak. Mayor Pro Tem Bradley moved to extend the meeting to 10:45 P.M. Without objection, it was so ordered. Jesse Villalpando, Senior Administration Analyst, presented a brief staff report and PowerPoint presentation along with Cox Communication Representatives Dave Simpson, Manager, Government Relations; Chanelle Hawken, Vice President, Government & Public Affairs; Dennis Morgan, Vice President, Construction; Ingo Hentschel, Senior Vice President, Region Manager; and Carla Leal, Manager, Construction & Planning. Discussion ensued among Council Members, Staff, and Consultants. Mayor Pro Tem Bradley moved, seconded by Councilmember Ferraro, to approve staff recommendation to: 1) Received and filed a presentation by Cox Communications regarding its internet speed and reliability services. 2) Directed Staff to add resource information on the City’s website including links to Cox Communication's troubleshooting FAQs and videos, a Wi-Fi Optimization Guide complete with an informative infographic, and Internet Experience Customer Resources; explore SMART cities to increase the availability of publicly accessible Wi-Fi and digital literacy programs; provide a plan outlining the infrastructure improvements currently underway or planned for the coming months; and to develop and identify a list of recommendations for consideration by the Council at a future DRAFT-City Council Minutes August 17, 2021 Page 10 of 11 meeting regarding the use of available federal funding for broadband infrastructure improvements and smart city initiatives. The motion passed on the following roll call vote: AYES: Bradley, Cruikshank, Dyda, Ferraro, and Mayor Alegria NOES: None Mayor Alegria moved to extend the meeting to 12:00 A.M. Without objection, it was so ordered. 6. Consideration and possible action to amend Title 12 (Streets, Sidewalks and Public Places) of the Rancho Palos Verdes Municipal Code to make certain amendments relating to encroachment permits. (Eder) *This item was removed from the agenda and continue d to a date uncertain. CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER: D. Consideration and possible action to approve a Contract Services Agreement for the printing of the City’s quarterly newsletters and recreation inserts in Fiscal Year 2021-22. (Waters) City Clerk Takaoka noted that no late correspondence was received and there were no requests to speak. Discussion ensued among Council Members. Mayor Pro Tem Bradley moved, seconded by Councilmember Dyda, to approve staff recommendations to: Authorize the Mayor to execute a Contract Services Agreement with Marina Graphic Center for the production of the City’s quarterly newsletters and recreation inserts in FY 2021-22 in an amount not to exceed $37,500 for a period of one year that may be extended by two additional one -year terms by the City Manager. The Council acknowledged that from time-to-time, newsletters on City topics of significance will be added that may need a cost adjustment. The motion passed on the following roll call vote: AYES: Bradley, Cruikshank, Dyda, Ferraro, and Mayor Alegria NOES: None K. Consideration and possible action to approve amendments to the contracts for the traffic signal project for the intersection of Palos Verdes Drive South and Palos Verdes Drive East. (O’Neill) DRAFT-City Council Minutes August 17, 2021 Page 11 of 11 City Clerk Takaoka noted that late correspondence was distributed and there were no requests to speak. Discussion ensued among Council Members and Staff. Councilmember Ferraro moved, seconded by Mayor Alegria, to approve staff recommendation to:1) Approve Amendment No. 1 to the contract with Crosstown Electrical & Data, Inc. in the amount of $63,799 for a revised contract sum of $269,277; 2) Approve an increase of $6,380 in the contingency budget, to reflect 10% of the revised construction contract total; and 3) Approved Amendment No. 1 to the contract with Southern California Electrical Firm for additional inspection services and material testing services in the amount of $11,180 for a revised contract sum of $30,380.50. The motion passed on the following roll call vote : AYES: Bradley, Cruikshank, Dyda, Ferraro, and Mayor Alegria NOES: None FUTURE AGENDA ITEMS: Mayor Alegria requested a review on the Planning Permit process and recommendations on Federal Funding opportunities partnership with Cox Communities. Councilmember Ferraro requested an update on the view impairments along City corridors. CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. ADJOURNMENT: At 11:24 P.M., Mayor Alegria adjourned to 7:00 P.M. on August 24, 2021, for a joint meeting with the Planning Commission to conduct a Housing Element Study Session meeting. ____________________________ Mayor Attest: ____________________________ City Clerk