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CC DM 20220201 B - 20220118 CC MINS_IA SPC Meeting DRAFTDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR AND IMPROVEMENT AUTHORITY SPECIAL MEETING JANUARY 18, 2022 CALL TO ORDER: A Regular Meeting of the Rancho Palos Verdes City Council and Special Meeting of the Improvement Authority was called to order by Mayor Bradley at 6:05 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. Members of the public could observe and participate using the zoom participation feature, 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 Wynder, City Attorney; Danny Aleshire, Special Legal Counsel; Trang Nguyen, Director of Finance; Ken Rukavina Director of Community Development; and Teresa Takaoka, City Clerk. PUBLIC COMMENTS FOR CLOSED SESSION: 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)(4) because the City is considering whether to initiate litigation in one case. 2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION A closed session will be held, pursuant to Government Code § 54956.9(d)(2) or (d)(3) and (e)(1) because there is a significant exposure to litigation in one case where the facts and circumstances giving rise to an exposure to litigation are not known to plaintiff(s) in two cases. DRAFT City Council Regular and IA Special Minutes January 18, 2022 Page 2 of 12 3. CONFERENCE WITH LABOR NEGOTIATORS GC SECTION 54957.6 A closed session will be held, pursuant to Government Code § 54957.6, with the Mayor, Mayor Pro Tem, and City Attorney, regarding labor negotiations for the unrepresented employee position of City Manager RECESS TO CLOSED SESSION (FIRESIDE ROOM): At 6:07 P.M., the Council recessed to Closed Session. *At 6:08 P.M. Mayor Pro Tem Ferraro joined Closed Session in the Fireside Room. RECONVENE TO REGULAR MEETING: At 7:01 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 and special Meeting of the Improvement Authority was called to order by Mayor Bradley at 7:01 P.M. at Fred Hesse Community Park, McTaggart Hall, 29301 Hawthorne Boulevard, notice having been given with affidavit thereto on file. ROLL CALL: 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; Daniel Trautner, Deputy Director of Recreation and Parks; Lauren Ramezani, Senior Administrative Analyst; Jesse Villalpando, Senior Administrative Analyst; and Teresa Takaoka, City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Director of Recreation and Parks Linder. DRAFT City Council Regular and IA Special Minutes January 18, 2022 Page 3 of 12 CLOSED SESSION REPORT: City Attorney Wynder reported that the City Council met in Closed Session and discussed the three items on the agenda. City Council met to consider whether they wanted to initiate litigation in one case. There was a privileged and confidential briefing by the City Attorneys’ office on the steps that the City Attorney’s office has taken since directed by the City Council to do so. The City Attorney’s office is in the process of drafting a complaint and soliciting other potential parties plaintiff’s. Pleading is not yet filed, and the number of potential plaintiff’s have not been finalized or identified. The City Attorney’s office will report to City Council at a future meeting on the status of this item. Lastly, Mayor Bradley, Mayor Pro Tem Ferraro, and City Attorney Wynder, acting as the City’s labor negotiators presented to the full City Council a proposed revision and modification to the City Manager’s contract. The City Manager’s contract was unanimously approved, subject to being brought back to the February 1, 2022 City Council meeting for public consideration and possible action. All five City Council members participated in all Closed Session Items. MAYOR’S ANNOUNCEMENTS: Mayor Bradley and City Council remembered fallen fire fighter Jonathan Flagler from Station No. 83. The Mayor and City Council shared a moment of silence in his memory and a tribute to him and his sacrifice. Acting Fire Chief Brian Bennett spoke on behalf of the Los Angeles County Fire Department. Mayor Bradley shared that the South Bay Cities Council of Governments (SBCCOG) partnered with Securian Financial and Homeful LA, an Inner City Law Center initiative, to assemble 3,000 personal hygiene kits for the unhoused in the South Bay. The event was held at Terranea Resort and attended by Councilmember Cruikshank. The Mayor and City Council thanked everyone who participated in this great event. A short video was shared that was prepared by RPVtv. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Bradley announced the Recycle Winners for the December 21, 2021, City Council meeting: Eva Muchnick and Tracy Lazarus. 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 Dyda moved, seconded by Mayor Pro Tem Ferraro, to approve the agenda as presented. The motion passed on the following roll call vote: DRAFT City Council Regular and IA Special Minutes January 18, 2022 Page 4 of 12 AYES: Alegria, Cruikshank, Dyda, Ferraro, and Mayor Bradley NOES: None PUBLIC COMMENTS FOR NON-AGENDA ITEMS: City Clerk Takaoka reported that there was one request to speak. The following members of the public addressed the City Council: Simon Sverdlov. Mayor Bradley notified the speaker that his comments should instead be heard during Regular Business Item 1. CITY MANAGER REPORT: City Manager Mihranian wished everyone a Happy New Year; and provided updates on the following: Free at-home COVID-19 tests available; Neighborhood Beautification Grant Program; Southern California Edison aerial inspections for wildfire prevention and mitigation; and Greater Los Angeles homeless count has been postponed to February 22-24, 2022. Director of Recreation and Parks Linder provided an update on the City Volunteer Program to Keep RPV Clean! CONSENT CALENDAR: City Clerk Takaoka reported that there was no late correspondence received for the Consent Calendar, and there were no requests to speak. Councilmember Alegria moved, seconded by Councilmember Cruikshank, to approve the Consent Calendar. 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 21, 2021 (Regular Meeting). DRAFT City Council Regular and IA Special Minutes January 18, 2022 Page 5 of 12 C. Registers of Demands (Mata) 1) Adopted Resolution No. 2022-01, 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 12/22/21); and, 2) Adopted Resolution No. 2022-02, 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 1/7/22); 3) Adopted Resolution No. IA 2022-01, 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. *Item letter D was removed from the Consent Calendar and considered as Regular Business Item No. 4a 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 February 2022. (Takaoka) 1) Adopted Resolution No. 2022-03, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, RE-RATIFYING THE 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 FEBRUARY 1, 2022, THROUGH FEBRUARY 28, 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 sa me may be warranted. F. Consideration and possible action to receive and file the November 2021 Cash Balances/Monthly Treasurer’s Report. (Lin) Received and filed the November 2021 Cash Balances/Monthly Treasurer’s Report. G. Consideration and possible action to file a Notice of Completion for the Hawthorne Boulevard and Via Rivera Traffic Signal Installation Project. (O’Neill) 1) Accepted the project as complete; 2) Authorized the City Clerk to file a Notice of Completion for the Hawthorne Boulevard and Via Rivera Traffic Signal Installation DRAFT City Council Regular and IA Special Minutes January 18, 2022 Page 6 of 12 Project with the Los Angeles County Registrar-Recorder’s Office; and if no claims are filed within 35 days after recordation, send a notice to the surety company to exonerate the Performance Bond; and, 3) Authorized the Director of Public Works to release the 5% construction retention payment to Global Roadway Sealing, Inc., 35 days after recordation of the Notice of Completion by the Los Angeles County Registrar-Recorder’s Office, contingent upon no claims being files on the project, and the contractor posting an acceptable warrant bond with the City. H. Consideration and possible action to authorize the City Clerk to file a Notice of Completion for the Playground Equipment Surface Replacement Project. (O’Neill) 1) Accepted the project as complete; 2) Authorized the City Clerk to file a Notice of Completion for the project with the Los Angeles County Registrar-Recorder’s Office; and if no claims are filed within 35 days after recordation, send a notice to the surety company to exonerate the Performance Bond; and, 3) Authorized the Director of Public Works to release the 5% construction retention payment to R.E. Schultz Construction, Inc., 35 days after recordation of the Notice of Completion by the Los Angeles County Registrar-Recorder’s Office, contingent upon no claims being filed on the project, and the contractor posting an acceptable warranty bond with the City. I. Consideration and possible action to review and approve the Fiscal Year 2022 - 23 Budget Development Calendar. (Ramos) Reviewed and approved the FY 2022-23 Budget Development Calendar. J. Consideration and possible action to amend the contract services agreement with Graffiti Protective Coatings, Inc. for citywide graffiti abatement services. (Hernandez) 1) Awarded Amendment No. 6 to the contract services agreement with Graffiti Protective Coatings, Inc. thereby extending citywide graffiti abatement services for a period of six months in the amount not-to-exceed $36,000 thus increasing the total contract sum to $504,000 for the period between Au gust 18, 2015 and June 30, 2022; and, 2) Authorized the Mayor to execute Amendment No. 6 in a form approved by the City Attorney. K. Consideration and possible action to award a professional services agreement to Willdan Engineering for the roadway rehabilitation project along Silver Spur Road. (O’Neill) 1) Awarded a professional services agreement to Willdan Engineering for engineering and support services for the rehabilitation of the roadway segment of Silver Spur Road from the Rancho Palos Verdes City limit north of Hawthorne Boulevard to Elkmont Drive, in the amount of $99,749 with a 15% contingency of DRAFT City Council Regular and IA Special Minutes January 18, 2022 Page 7 of 12 $14,962; and, 2) Authorized the Mayor to execute the professional services agreement in a form approved by the City Attorney. L. Consideration and possible action to amend the Professional Services Agreement with Stay Green Inc. for citywide landscape and fuel modification services. (Hernandez) 1) Awarded Amendment No. 3 to the Professional Services Agreement with Stay Green Inc., thereby allowing the third of three one-year time extensions for citywide landscape and fuel modification services in an amount not-to-exceed $8,522,283.22 over the term of the agreement and not-to-exceed $1,561,111.40 annually; and, 2) Authorized the Mayor to execute Amendment No. 3 to the Agreement for Contractual Services 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 reconsider the November 16, 2021, City Council decision to terminate the lease with Mr. Martin Martinez for the agricultural use of Hatano Farm Area at Upper Point Vicente. (Bañales) City Clerk Takaoka noted that late correspondence was distributed, and there were three requests to speak. City Attorney Wynder notified City Council of the approval procedures for this Item. The following members of the public addressed the City Council: Simon Sverdlov; Alex Hooks; and Anthony Misetich. Discussion ensued among Council Members, Staff, and City Attorney Wynder Mayor Bradley moved, seconded by Mayor Pro Tem Ferraro, to reconsider the City Council’s November 16, 2021 adopted motion to terminate the lease agreement with Mr. Martin Martinez for the agricultural use of the former Hatano Farm Area at Upper Point Vicente; and, directed staff to come back at the February 15, 2022 meeting with information and options, including the options identified in the November 16, 2021, City Council Agenda Report, for the City Council’s consideration. The motion passed on the following roll call vote: DRAFT City Council Regular and IA Special Minutes January 18, 2022 Page 8 of 12 AYES: Alegria, Cruikshank, Dyda, Ferraro, and Mayor Bradley NOES: None 2. Consideration and possible action to receive and file biannual reports from various City advisory boards and committees. (Bañales) City Clerk Takaoka noted that there was no late correspondence 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. Chair O’Brien presented for the Civic Center Advisory Committee (CCAC); Chair Maizlish presented for the Emergency Preparedness Committee (EPC); Vice-Chair Brown presented on behalf of Chair Lewis for the Finance Advisory Committee (FAC); Chair Swanson presented for the Infrastructure Management Advisory Committee (IMAC); Chair Perestam presented for the Planning Commission (PC); and Director of Public Works Awwad presented on behalf of Chair 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. Mayor Bradley moved, seconded by Mayor Pro Tem Ferraro, to approve staff recommendation to receive and file biannual reports and work plans from the City’s Advisory Boards and Planning Commission. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Ferraro, and Mayor Bradley NOES: None Mayor Bradley called for a brief recess at 9:00 P.M. Without objection, Mayor Bradley so ordered. The meeting reconvened at 9:14 P.M. 3. Consideration and possible action to approve the Forrestal Reserve Parking and Traffic Management Concept Plan. (Awwad) City Clerk Takaoka noted that late correspondence was distributed, and there were five requests to speak. Director of Public Works Awwad and Director of Recreation and Parks Linder presented a staff report and PowerPoint presentation. DRAFT City Council Regular and IA Special Minutes January 18, 2022 Page 9 of 12 Discussion ensued among Council Members, Staff, and Kittelson and Associates representative Fernando Sotelo. The following members of the public addressed the City Council: Elliot Levy; Sandra Valeri; Jessica Vlaco; Sharon Yarber; and Mickey Rodich. Mayor Bradley moved to extend the meeting to 11:00 P.M. Without objection, Mayor Bradley so ordered. Councilmember Cruikshank moved, seconded by Councilmember Alegria, to: direct staff to open the gates on the weekends for parking at the start of construction of the Ladera Linda Community Park project; begin collecting parking data (using staff and the pneumatic roller or other similar device); and return to Council with parking data 90 days after the gates are open. Mayor Bradley proposed a friendly amendment to also begin immediate parking counts as soon as possible to establish a baseline and to appropriate funding for the installation of a staff shelter and restroom but not the installation of cameras at this time. The friendly amendment was accepted by the maker of the motion and the seconder. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Ferraro, and Mayor Bradley NOES: None Councilmember Alegria left the dais for the remainder of the meeting at 10:55 P.M. Mayor Bradley moved to extend the meeting to 11:30 P.M. Without objection, Mayor Bradley so ordered. 4. Consideration and possible action to approve an amended and restated franchise agreement for solid waste collection with EDCO Disposal Corporation. (Ramezani) City Clerk Takaoka noted that late correspondence was distributed, and there w as one request to speak. Director of Public Works Awwad introduced MSW Consultants representative David Davis, and EDCO Disposal Corporation representative Steve South. MSW Consultants representative David Davis presented a PowerPoint presentation. The following member of the public addressed the City Council: Elliot Levy. Discussion ensued among Council Members and Staff. Mayor Pro Tem Ferraro moved, seconded by Mayor Bradley, to approve staff recommendation as follows: 1) Receive and file the summary report on the organics DRAFT City Council Regular and IA Special Minutes January 18, 2022 Page 10 of 12 recycling and methane reduction requirements of Senate Bill No. 1383 (SB 1383): 2) Approved the amended and restated franchise agreement for solid waste collection with EDCO Disposal Corporation to implement expanded services and new solid waste rates in response to SB 1383 effective on April 1, 2022; 3) Authorize d Staff to issue a public notice to all residents, pursuant to Proposition 218, regarding the new solid waste rates proposed to become effective on April 1, 2022 , in response to SB 1383-related services; and, 4) Set a public hearing on March 15, 2022, pursuant to Proposition 218, for the City Council to receive public comments and consider approving the new solid waste proposed rates. The motion passed on the following roll call vote: AYES: Cruikshank, Dyda, Ferraro, and Mayor Bradley NOES: None ABSENT: Alegria 4a. Consideration and possible action to renew the City’s authorized commercial solid waste collection and recycling companies for calendar year 2022. (Ramezani) City Clerk Takaoka noted that there was no late correspondence received, and there were no requests to speak. Director of Public Works Awwad presented a staff report and PowerPoint presentation. Councilmember Cruikshank moved, seconded by Councilmember Dyda, to approve staff recommendation as follows: 1) Adopted Resolution No. 2022-04, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DESIGNATING THE HAULERS AUTHORIZED TO PROVIDE SOLID WASTE COLLECTION AND RECYCLING SERVICES FROM COMMERCIAL PREMISES, AND ROLL OFF SERVICES TO RESIDENTIAL AND COMMERCIAL PREMISES IN THE CITY OF RANCHO PALOS VERDES FOR CALENDAR YEAR 2022; and, 2) Approved Amendment No. 3 thereby amending the commercial solid waste collection and recycling company agreements to extend services for calendar year 2022 with California Waste Services LLC; CalMet Services, Inc.; Consolidated Disposal Service, LLC DBA Republic Services; EDCO Disposal Corporation; Universal Waste Systems, Inc.; USA Waste of California, Inc., DBA Waste Management of Los Angeles; and West Coast Waste & Roll Off Service. The motion passed on the following roll call vote: AYES: Cruikshank, Dyda, Ferraro, and Mayor Bradley NOES: None ABSENT: Alegria 5. Consideration and possible action to adopt a Peninsula Utility Interdependency White Paper.(Villalpando) DRAFT City Council Regular and IA Special Minutes January 18, 2022 Page 11 of 12 City Clerk Takaoka noted that late correspondence was distributed, and there were no requests to speak. Senior Administration Analyst Jesse Villalpando presented a staff report and PowerPoint presentation including recommending that the City Council provide input and to continue to matter to a future date to allow staff to update the white paper and coordinate a meeting with utility companies. Discussion ensued among Council Members and Staff. Mayor Pro Tem Ferraro moved, seconded by Councilmember Cruikshank, to expand the white paper to include information on roads and other infrastructure and to solicit input from all utility companies and bring the item back for consideration by the City Council at a future meeting. The motion passed on the following roll call vote: AYES: Cruikshank, Dyda, Ferraro, and Mayor Bradley NOES: None ABSENT: Alegria FUTURE AGENDA ITEMS: Mayor Pro Tem Ferraro requested consideration of establishing a philanthrophic capital program. Councilmember Cruikshank requested that a compliance report on battery back-up for telecom facilities be presented to City Council for consideration. CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. ADJOURNMENT: At 11:36 P.M., Mayor Bradley adjourned to 6:00 P.M. on February 1, 2022, for a Closed Session meeting; and 7:00 P.M. for an Adjourned Regular meeting. Mayor Bradley adjourned the meeting in honor and memory of Los Angeles County Fire Fighter Jonathan Flagler ___________________________ Mayor Attest: DRAFT City Council Regular and IA Special Minutes January 18, 2022 Page 12 of 12 ___________________________ City Clerk