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CC DM 20220118 B - 20211221 DRAFT CC MINSDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING DECEMBER 21, 2021 CALL TO ORDER: A Special Meeting of the Rancho Palos Verdes City Council was called to order by Mayor Bradley at 5:35 P.M. at Fred Hesse Community Park, McTaggart Hall, 29301 Hawthorne Boulevard. This meeting took place remotely in accordance with Government Code section 54953(e) et seq. (AB 361) and Resolution 2021-59, adopted by the City Council on November 16, 2021, and subsequent resolutions thereafter. Members of the public could observe and participate using the zoom participation feature, in person, and with options called out in the public participation form provided under separate cover with the agenda. Notice having been given with affidavit thereto on file. City Council roll call was answered as follows: PRESENT: Alegria, Cruikshank, Dyda, and Mayor Bradley ABSENT: Ferraro* (excused) Also present were Ara Mihranian, City Manager; Karina Bañales, Deputy City Manager; William W. Wynder, City Attorney; 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION A closed session will be held, pursuant to Government Code § 54957 to conduct an employee performance evaluation for the position of City Manager. 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION A closed session will be held, pursuant to Government Code § 54957 to conduct an employee performance evaluation for the position of City Attorney. 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 one (1) case. DRAFT City Council Minutes December 21, 2021 Page 2 of 13 RECESS TO CLOSED SESSION (FIRESIDE ROOM): At 5:36 P.M., the Council recessed to Closed Session. *At 5:37 P.M. Mayor Pro Tem Ferraro joined Closed Session in the Fireside Room. RECONVENE TO REGULAR MEETING: At 7:11 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 Bradley 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: Alegria, Cruikshank, Dyda, Ferraro, and Mayor Bradley ABSENT: None Also present were Ara Mihranian, City Manager; Karina Bañales, Deputy City Manager; William 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; Katie Lozano, Senior Administrative Analyst; 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 Robert Nelson, Planning Commissioner. CLOSED SESSION REPORT: City Attorney Wynder reported that the City Council met in Closed Session . In terms of its actions taken in Closed Session, the City Council conducted the annual performance evaluation for the positions of City Manager and City Attorney. The final performance evaluations will be prepared and submitted for both of those positions. Following this meeting, City Council also met in Closed Session to consider whether to initiate litigation in one case. The City Council unanimously authorized the City Attorney’s office to begin identifying potential causes of action and potential parties / plaintiffs that might be willing to join in a challenge to Senate Bill 9 as part of the City of DRAFT City Council Minutes December 21, 2021 Page 3 of 13 Redondo Beach’s effort to challenge Senate Bill 9. All five members of the Council participated in this Closed Session. MAYOR’S ANNOUNCEMENTS: Mayor Bradley recognized outgoing Planning Commissioners Gordon Leon and William James. Mayor Bradley announced the retirement of Becky Martin, Permit Technician in the City’s Public Works Department. He reported that Becky Martin was a dedicated employee that served the City of Rancho Palos Verdes for almost 47 years and retired on December 17. The City Council presented a Proclamation to Becky Martin and thanked her for her service. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Bradley announced the Recycle Winners for the December 7, 2021, City Council meeting: Dee Espinosa and Chenging Liu. 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 Alegria moved, seconded by Councilmember Cruikshank, to approve the agenda as presented. AYES: Alegria, Cruikshank, Dyda, Ferraro, and Mayor Bradley NOES: None ABSENT: None PUBLIC COMMENTS FOR NON-AGENDA ITEMS: City Clerk Takaoka noted that there was one request to speak. The following member of the public addressed the City Council: Kathy Edgerton. CITY MANAGER REPORT: City Manager Mihranian provided updates on the following: Sandbag Availability at City Hall; Ongoing Skating in the Park; Christmas Tree Recycling; City Hall will be closed on December 24-31; No changes on trash pickup dates; and lastly, Happy Holidays and a Happy New Year to all. DRAFT City Council Minutes December 21, 2021 Page 4 of 13 CONSENT CALENDAR: City Clerk Takaoka reported that no late correspondence was received and no speakers for Consent items. Councilmember Dyda pulled items G and I; Mayor Bradley pulled items L and M to be heard at the end of the agenda. Mayor Pro Tem Ferraro moved, seconded by Councilmember Cruikshank, to approve the Consent Calendar with the exception of items G,I, L, and M. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Ferraro, and Mayor Bradley 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 December 7, 2021 (Regular Meeting). C. Registers of Demands (Mata) 1) Adopted Resolution No. 2021-70, 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 (Check Date 11/24/21); and, 2) Adopted Resolution No. 2021-71, 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 (Check Date 12/10/21). D. Consideration and possible action to review the current status of Border Issues. (Barnes) Received and filed the second 2021 biannual report on the status of Border Issues for 2021. E. Consideration and possible action to continue implementing Assembly Bill No. 361 (AB 361) authorizing teleconferencing of meetings of legislative bodies for the month of January 2022. (Takaoka) 1) Adopted Resolution No. 2021-72, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, RE-RATIFYING THE DRAFT City Council Minutes December 21, 2021 Page 5 of 13 PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND RE-AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF RANCHO PALOS VERDES FOR THE 30-DAY PERIOD BEGINNING JANUARY 1, 2022 THROUGH JANUARY 31, 2022, PURSUANT TO THE RALPH M. BROWN ACT AND ASSEMBLY BILL NO. 361; and, 2) Authorized Staff to continue conducting City Council and Planning Commission public meetings using a combination in - person/virtual (hybrid) platform and continue conducting virtual-only meetings for the City’s five Committees (Civic Center Advisory, Emergency Preparedness, Finance Advisory, Infrastructure Management Advisory, Traffic Safety) subject to the Brown Act in accordance with the requirements of AB 361; and return with extension resolutions for the City Council’s consideration every 30 days as the same may be warranted. F. Consideration and possible action regarding a claim against the City by Mercury Insurance (insured Villalvazo). (Takaoka) Rejected the claim and directed Staff to notify the claimant, Mercury Insurance. G. Consideration and possible action to receive a report of the CalPERS annual Actuarial Valuation Report (AVR) as of June 30, 2020. (Browning) This item was removed for separate consideration. H. Consideration and possible action on the FY 2020-21 Year-end Unaudited Financial Report and the FY 2021-22 First Quarter Report. (Browning/Ramos) 1) Received and filed the FY 2020-21 Year-end Unaudited Financial Report; 2) Approved the Purchase Order Carryover Schedule of $2,784,879 from FY 2020-21 to FY 2021-22; 3) Approved Continuing Appropriations of $522,800 from FY 2020-21 to FY 2021-22; 4) Approved additional appropriation of $333,000 for FY 2021-22 transfers-out from General Fund to the Employee Pension Fund; 5) Approved decreasing FY 2020-21 Year-end Adopted Budget for the Purchase Order Carryover Schedule of $2,784,879 and Continuing Appropriations of $522,800 as follows: $1,282,151 (General Fund), $322,348 (Gas Tax), $40,129 (1911 Act Street Lighting), $241,011 (Proposition A), $142,897 (Proposition C), $26,855 (Abalone Cove Sewer), $137,855 (CDBG), $639,282 (Capital Infrastructure Program), $163,897 State Grant Fund, $187,415 (Quimby Fund), $23,839 (Measure W), and $100,000 (Measure R); 6) Approved increasing FY 2021-22 Year-end Adopted Budget for the FY 2020-21 Purchase Order Carryover Schedule of $2,784,879 and Continuing Appropriations of $522,800 as follows: $1,282,151 (General Fund), $322,348 (Gas Tax), $40,129 (1911 Act Street Lighting), $241,011 (Proposition A), $142,897 (Proposition C), $26,855 (Abalone Cove Sewer), $137,855 (CDBG), $639,282 (Capital Infrastructure Program), $163,897 State Grant Fund, $187,415 (Quimby Fund), $23,839 (Measure W), and $100,000 (Measure R); and, 7) Received and filed the FY 2021-22 First Quarter Financial Report. DRAFT City Council Minutes December 21, 2021 Page 6 of 13 I. Consideration and possible action to authorize Amendment No. 1 to the professional services agreement with Chambers Consulting, Inc for the preparation of the Environmental Impact Report for the Portuguese Bend Landslide Remediation Project. (Dragoo) This item was removed for separate consideration. J. Consideration and possible action to award a construction contract for the Burma Road Trailhead gate repairs. (Lopez) 1) Awarded a construction contract to D2L Construction, Inc., in the not-to-exceed amount of $28,411, for the repairs of fences and gates at the Burma Road Trailhead; 2) Authorized the City Manager or Director of Finance to execute change orders up to an additional 10% or $2,841 as contingency funds for potential unforeseen conditions; and, 3) Authorized the Mayor and City Clerk to execute the contracts, in forms approved by the City Attorney. K. Consideration and possible action to enter into a Memorandum of Understanding (MOU) with the South Bay Cities Council of Governments (SBCCOG) for using Innovation Grant funds to develop the City’s Homeless Plan. (Bright) 1) Authorized the Mayor to execute an MOU with the SBCCOG, in a form acceptable to the City Attorney, to allow the City to use the SBCCOG’s allocated County of Los Angeles Innovation Grant funds to develop the City’s Homeless Plan; and, 2) Approved an additional appropriation of $20,000 to the General Fund miscellaneous revenues. L. Consideration and possible action to approve the Professional Services Agreement between Turbo Data Systems, Inc. and the cities of Rolling Hills Estates, Rolling Hills and Rancho Palos Verdes for processing of parking citations. (Bañales) This item was removed for separate consideration. M. Consideration and possible action to award a Professional Services Agreement to Telecom Law Firm to perform consulting services related to permitting for wireless facilities. (Eder) This item was removed for separate consideration. N. Consideration and possible action to award professional services agreements to pre-qualified transportation/traffic planning and engineering companies for on-call professional services. (Lopez) DRAFT City Council Minutes December 21, 2021 Page 7 of 13 1) Awarded professional services agreements to Fehr & Peers; General Technologies Solutions, Inc.; Linscott, Law & Greenspan, Engineers; Kittelson & Associates, Inc.; and Michael Baker International for on -call transportation/traffic planning and engineering professional services on an as-needed basis for three- year terms, with additional optional two-year terms, in an amount not to exceed $350,000 annually for each contract, subject to appropriated project budgets; and, 2) Authorized the Mayor and City Clerk to execute the contracts, in forms approved by the City Attorney. O. Consideration and possible action to award a professional services agreement to John L. Hunter & Associates, Inc. for stormwater quality consulting services. (Eder) 1) Awarded a professional services agreement to John L. Hunter and Associates, Inc., for one year, with three additional optional one-year terms, in the not-to-exceed amount of $200,000 annually for stormwater quality consulting services; and, 2) Authorized the Mayor and City Clerk to execute the contract, in a form approved by the City Attorney. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: None. PUBLIC HEARINGS: None. REGULAR BUSINESS: 1. Consideration and possible action to adopt an urgency ordinance establishing objective standards for implementation of Senate Bill No. 9. (Wynder) City Clerk Takaoka noted that no late correspondence was received, and there were no requests to speak. Director of Community Development Rukavina presented a staff report and PowerPoint presentation. Discussion ensued among Council Members, Staff, and City Attorney. Mayor Pro Tem Ferraro moved, seconded by Councilmember Alegria, to approve staff recommendations, with a minor text amendment, which included the following: 1) Adopted, by a four-fifths vote of the entire City Council, Urgency Ordinance No. 656U, “AN URGENCY ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, AMENDING TITLE 16 (SUBDIVISION) BY ADDING SECTION 16.40 (URBAN LOT SPLITS), AMENDING TITLE 17 (ZONING) OF SECTION 17.02.020 (SINGLE FAMILY RESIDENTIAL ((RS)) DISTRICTS – USES AND DEVELOPMENT DRAFT City Council Minutes December 21, 2021 Page 8 of 13 PERMITTED), ADDING CHAPTER 17.09 (SECOND UNITS AND TWO-UNIT DEVELOPMENTS IN SINGLE-FAMILY ZONES), AND AMENDING CHAPTER 17.96 (DEFINITIONS) OF THE RANCHO PALOS VERDES MUNICIPAL CODE THEREBY ESTABLISHING DEFINITIONS AND REGULATIONS FOR URBAN LOT SPLITS AND TWO-UNIT DEVELOPMENTS IN SINGLE-FAMILY RESIDENTIAL ZONES” AS AMENDED; and, 2) Initiated regular code amendment proceedings to amend Title 16 (Subdivisions) and Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code to establish definitions and regulations for urban lot splits and two- unit developments in single-family residential zone. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Ferraro, and Mayor Bradley NOES: None. 2. Consideration and possible action to receive a status report on the ParkMobile parking system along Crenshaw Boulevard south of Crest Road. (Trautner/Lozano/Waters) City Clerk Takaoka noted that late correspondence was received, and there was one request to speak. Senior Administration Analyst Lozano and Deputy Director of Recreation & Parks Trautner presented a staff report and PowerPoint presentation. Discussion ensued among Council Members and Staff. The following member of the public addressed the City Council: Kathy Edgerton. Discussion ensued among Council Members. Councilmember Alegria moved, seconded by Councilmember Cruikshank, to approve staff recommendations which included the following: 1) Received and filed the status report on the updated implementation and public use of the ParkMobile parking system based on City Council direction at its October 5, 2021 meeting; 2) Directed Staff to return in six (6) months with a status update which included a friendly amendment added by Councilmember Dyda and accepted by the maker and seconder of the motion to return with an interim status report in six (6) months and also a complete status report in 12 months to allow for seasonal variances (Daylight savings time gains/losses); and, 3) Adopted Resolution No. 2021-73 , A RESOLUTION OF THE CITY COUNCIL OF CITY OF RANCHO PALOS VERDES, EXTENDING TEMPORARY PARKING AND STOPPING RESTRICTIONS ALONG AN APPROXIMATELY 330-FOOT SECTION (OR APPROXIMATELY SIX PARKING SPACES) OF THE SOUTH SIDE OF CRENSHAW BLVD. FROM APPROXIMATELY RATTLESNAKE TRAILHEAD TO PARK PLACE UNTIL DECEMBER 31, 2022. The motion passed on the following roll call vote: DRAFT City Council Minutes December 21, 2021 Page 9 of 13 AYES: Alegria, Cruikshank, Dyda, Ferraro, and Mayor Bradley NOES: None 3. Consideration and possible action to receive a quarterly status report on Fiscal Year 2021-22 City Council Goals. (Bañales) City Clerk Takaoka noted that no late correspondence was received, and there were no requests to speak. Mayor Bradley called for a brief recess at 8:42 P.M. The meeting reconvened at 9:00 P.M. Deputy City Manager Bañales presented a staff report and PowerPoint presentation. Discussion ensued among Council Members and Staff. Mayor Pro Tem Ferraro moved, seconded by Councilmember Alegria to approve part of staff recommendations which included the following: 1) Received and filed the second quarterly status report on the FY 2021-22 City Council Goals; and directed Staff to return in March with a more robust discussion of the list of goals. Recommendation No. 2 was not adopted. The motion was approved by acclamation and so ordered by Mayor Bradley. 4. Consideration and possible action to approve a Social Media Policy for use of the City’s social media sites. (Barnes) City Clerk Takaoka noted that there was one request to speak. Senior Administrative Analyst Barnes presented a brief staff report. Discussion ensued among Council Members and Staff. The following member of the public addressed the City Council: Mickey Rodich. Discussion ensued among Council Members. Councilmember Alegria moved, seconded by Councilmember Cruikshank, to approve staff recommendation and adopt a Social Media Policy for the use of the City’s social media sites by Staff and the public. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Ferraro, and Mayor Bradley DRAFT City Council Minutes December 21, 2021 Page 10 of 13 NOES: Dyda 5. Consideration and possible action to appoint City Council Members to intergovernmental organizations, associations, and City subcommittees for 2022. (Bañales) City Clerk Takaoka noted that late correspondence was received, and there were no requests to speak. Mayor Bradley moved to waive the staff report. Without objection it was so ordered. Discussion ensued among Council Members. Mayor Bradley moved, seconded by Mayor Pro Tem Ferraro, to approve staff recommendations which included the following: Appointed the members of the City Council to the various intergovernmental organizations, associations, and City subcommittees for 2022 as noted in the initial redline version included in the staff report but to correct the City Selection alternate as Mayor Pro Tem Ferraro; and to change the Delegate and Alternate for the California Joint Powers Insurance Authority to reflect Mayor Pro Tem Ferraro as the delegate and Councilmember Cruikshank as the alternate; and, directed Staff to notify the various agencies of the City Council’s decision. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Ferraro, and Mayor Bradley NOES: None CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER: G. Consideration and possible action to receive a report of the CalPERS annual Actuarial Valuation Report (AVR) as of June 30, 2020. (Browning) City Clerk Takaoka noted this item was pulled earlier in the evening by Mayor Bradley and there were no requests to speak. Discussion ensued among Council Members and Staff. Mayor Bradley moved, seconded by Councilmember Cruikshank, to approve staff recommendation to receive and file the Actuarial Valuation Report (AVR) as of June 30, 2020. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Ferraro, and Mayor Bradley NOES: None DRAFT City Council Minutes December 21, 2021 Page 11 of 13 I. Consideration and possible action to authorize Amendment No. 1 to the professional services agreement with Chambers Consulting, Inc for the preparation of the Environmental Impact Report for the Portuguese Bend Landslide Remediation Project. (Dragoo) City Clerk Takaoka noted this item was pulled earlier in the evening by Councilmember Dyda and there were no requests to speak. Discussion ensued among Council Members and Staff. Councilmember Alegria moved, seconded by Mayor Bradley, to approve staff recommendations which included the following : Authorized the Mayor to execute Amendment No. 1 to the professional services agreement with Chambers Group, Inc., to extend the agreement through November 30, 2022, in a form approved by the City Attorney. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Ferraro, and Mayor Bradley NOES: None. L. Consideration and possible action to approve the Professional Services Agreement between Turbo Data Systems, Inc. and the cities of Rolling Hills Estates, Rolling Hills and Rancho Palos Verdes for processing of parking citations. (Bañales) City Clerk Takaoka noted this item was pulled earlier in the evening by Mayor Bradley and there were no requests to speak. Discussion ensued among Council Members and Staff. Mayor Bradley moved, seconded by Councilmember Cruikshank, to approve staff recommendations which included the following: 1) Approved the Professional Services Agreement between Turbo Data Systems (TDS), Inc. and the cities of Rolling Hills Estates, Rolling Hills and Rancho Palos Verdes for processing parking citations and identifying the City of Rancho Palos Verdes as lead agency serving as the liaison between the cities and TDS; and, 2) Authorized the Mayor to execute the Professional Services Agreement, in a form acceptable to the City Attorney. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Ferraro, and Mayor Bradley NOES: None. DRAFT City Council Minutes December 21, 2021 Page 12 of 13 M. Consideration and possible action to award a Professional Services Agreement to Telecom Law Firm to perform consulting services related to permitting for wireless facilities. (Eder) City Clerk Takaoka noted this item was pulled earlier in the evening by Mayor Bradley and there were no requests to speak. Discussion ensued among Council Members, Staff, and Dr. Jonathan Kramer (Telecom Law Firm). Mayor Bradley moved, seconded by Councilmember Alegria, to approve staff recommendations which included the following: 1) Awarded a Professional Services Agreement to Telecom Law Firm for a three-year term, with an optional additional two years, in the not-to-exceed amount $750,000 (maximum of $250,000 annually) for consulting services related to City-issued wireless facility permits; and, 2) Authorized the Mayor to execute the Professional Services Agreement in a form acceptable to the City Attorney. Councilmember Cruikshank moved to extend the meeting to 10:30 P.M. without objection, Mayor Bradley so ordered. FUTURE AGENDA ITEMS: Councilmember Cruikshank requested a staff report on the status of the traffic signal at the intersection of Palos Verdes Drive East and Palos Verdes Drive South, and what options are available to address aesthetic and visual concerns. Mayor Bradley requested a staff report on a status report of non native water entering Portuguese Bend landslide. CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. ADJOURNMENT: At 10:30 P.M., Mayor Bradley adjourned to 6:00 P.M. on January 18, 2022, for a Closed Session meeting and 7:00 P.M. for an Adjourned Regular meeting. ____________________________ Mayor Attest: DRAFT City Council Minutes December 21, 2021 Page 13 of 13 ____________________________ City Clerk