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CC DM 20220419 B - 20220405 DRAFT CC MINS_IA MeetingDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR AND IMPROVEMENT AUTHORITY MEETING APRIL 5, 2022 CALL TO ORDER: A Regular Meeting of the Rancho Palos Verdes City Council and of the Improvement Authority was called to order by Mayor Pro Tem Ferraro at 6:20 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, Ferraro and Mayor Bradley ABSENT: None Also present were Ara Mihranian, City Manager; William Wynder, City Attorney; Karina Bañales, Deputy City Manager; 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 REAL PROPERTY NEGOTIATORS A closed session will be held, pursuant to Government Code § 54956.8, to enable the City Council to consider the property acquisition currently under negotiations with York Point View Properties LLC., with whom City is to give direction to the City Manager and City Attorney, regarding that certain real property commonly known as the Lower Filiorum and Plumtree properties, parcels as noted below. The City Council will provide direction on the terms of the property acquisition including price. Parcels: APN 7581023037, APN 7581023035, APN 7573003016, APN 7572012028, APN 7572012024, APN 7572012029 (6001 Palos Verdes Drive South) 1 City Council Regular and IA Minutes April 5, 2022 Page 2 of 11 2. 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 6:21 P.M., the Council recessed to Closed Session. RECONVENE TO REGULAR MEETING: At 7:17 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 of the Improvement Authority was called to order by Mayor Pro Tem Ferraro at 7:17 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; William Wynder, City Attorney; Karina Bañales, Deputy City Manager, Trang Nguyen, Director of Finance; Ken Rukavina, Director of Community Development; Cory Linder, Director of Recreation and Parks; Ramzi Awwad, Director of Public Works; and Teresa Takaoka, City Clerk. Also present was Captain James Powers, Lomita Statio n, Los Angeles County Sheriff’s Department. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Lana Craig. CLOSED SESSION REPORT: City Attorney Wynder reported that the City Council had two items on the Closed Session agenda. All five members of the Council participated in the Closed Session agenda, the Mayor participated via zoom pursuant to the City’s AB361 Resolution authorizing the same. The first Closed Session was a discussion of the possible acquisition of the Lower Filiorum and Plumtree properties from York Point View 2 City Council Regular and IA Minutes April 5, 2022 Page 3 of 11 Properties LLC. Staff and City Attorney’s office provided a privileged and confidential briefing on those ongoing negotiations. The properties which are the subject of the negotiations are printed in the Closed Session agenda by their assessor parcel number and there is anticipation on bringing back a purchase and sale agreement for the Council to consider at the April 13th meeting. For the second item, the Council met in Closed Session in pursuant to Government Code § 54956.9 (d)(4) because the City is considering whether to initiate litigation in one (1) case. There was a privileged and confidential briefing of the City Council, questions were asked and answered. The City Council unanimously authorized the filing of litigation. MAYOR’S ANNOUNCEMENTS: Mayor Pro Tem Ferraro presented a proclamation for April as DMV, Donate life Month. The City Council recognized Donate Life, DMV for their organ, eye, tissue, marrow, and blood donation program. In recognition of National Donate Life Month, the month of April 2022 is hereby proclaimed “DMV/ Donate Life Month” in the City of Rancho Palos Verdes. Mayor Pro Tem Ferraro announced the honorable mentions and winner of the Whale of the day poster entries. Mayor Pro Tem Ferraro recognized outgoing employee Senior Engineer, Charles Eder for his 7-year service with the Public Works Department. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Pro Tem Ferraro announced the Recycle Winners for the March 15, 2022, City Council meeting: Patrick and Julie Kelsey and Marjorie Goswitz. She indicated that all winners receive a check for $250 and urged everyone to participate in the City’s Recycling Program. She 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 Councilmember Alegria, to approve the agenda as presented. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Ferraro, and Mayor Bradley NOES: None PUBLIC COMMENTS FOR NON-AGENDA ITEMS: City Clerk Takaoka reported that there were three requests to speak. 3 City Council Regular and IA Minutes April 5, 2022 Page 4 of 11 The following members of the public addressed the City Council: Ralph Grippo, Jeff Calvagna, and Jessica Vlaco. CITY MANAGER REPORT: City Manager Mihranian provided updates on the following: Recruitment for Emergency Preparedness Committee; Upcoming Capital Improvement Budget Workshop on April 13; Upcoming brush clearing days on April 16, April 23, April 30, May 7, and May 14 ; Awareness of scams amongst contractors billing residents with fake permits; Current SCE utility undergrounding project; Upcoming SoCal Gas helicopter flying for aerial methane mapping; EDCO disposal updates; Upcoming Whale A Day event on April 9; and lastly, wishing all a Happy Passover, Easter, and Ramadan. CONSENT CALENDAR: City Clerk Takaoka reported that late correspondence was received for items J, K and L and requests to speak on items J and L. Councilmember Alegria moved, seconded by Councilmember Cruikshank, to approve the Consent Calendar with the exception of items J and L. 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 March 9 (Goal Setting Workshop), March 15 (Regular Meeting and Interviews) and March 23, 2022 (Special Meeting and Adjourned Regular Meeting). C. Registers of Demands (Mata) 1) Adopted Resolution No. 2022-17, 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, 2) Adopted Resolution No. IA 2022-03, 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. 4 City Council Regular and IA Minutes April 5, 2022 Page 5 of 11 D. Consideration and possible action to receive and file the February 2022 Cash Balances/Monthly Treasurers’ Reports. (Lin) Received and filed the February 2022 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 Thornton Carter. (Momoli) Rejected the claim and directed Staff to notify the claimant, Thornton Carter. F. Consideration and possible action regarding a claim against the City by Veronica Claire Alexandre. (Momoli) Rejected the claim and directed Staff to notify the claimant, Veronica Claire Alexandre. G. Consideration and possible action to accept Gifts for Parks donations. (Hirsch) Accepted Gifts for Parks donations and directed Staff to prepare donor letters of appreciation for the Mayor’s signature. H. Consideration and possible action to receive and file the Fiscal Year 2020-21 Annual Comprehensive Financial Report (ACFR) and the City’s financial audit letters. (Lin) 1) Received and filed the FY 2020-21 ACFR of the City of Rancho Palos Verdes; 2) Received and filed the FY 2020-21 Statements on Auditing Standards (SAS 114 Letter) from Independent Auditors to those Charged with Governance; and, 3) Received and filed the Independent Auditors’ Report on Internal Control over Financial Reporting, Compliance, and other Matters in accordance with Government Audit Standards (GAS Letter). I. Consideration and possible action to waive and refund after-the-fact construction permit penalties to two permit applicants. (Whitten) Approved waiving and refunding after-the-fact (A-T-F) penalty fees, in the total amount of $47,660.48, for the following two property owners due to financial hardship caused by alleged fraudulent activity: a. Shane Sato 28011 Lobrook Drive, Rancho Palos Verdes, CA 90275, $26,071.46 in A-T-F penalty fees; and, b. Christina Streit 31054 Hawksmoor Drive, Rancho Palos Verdes, CA 90275, $21,589.02 in A-T-F penalty fees. J. Consideration and possible action to commit matching funds supporting the City’s application for Hazard Mitigation Grant Funding from the Federal Emergency Management Agency (FEMA). (Villalpando) 5 City Council Regular and IA Minutes April 5, 2022 Page 6 of 11 This item was removed for separate consideration. K. Consideration and possible action to approve an amendment to the professional services agreement with ParkMobile to provide app-based parking services at Del Cerro Park and sections of Crenshaw Boulevard south of Crest Road.(Waters) 1) Approved Amendment No. 1 to the professional services agreeme nt with ParkMobile thereby extending the term an additional eight months to December 31, 2022, at an additional cost of $5,872, to continue providing app -based parking services at Del Cerro Park and sections of Crenshaw Boulevard south of Crest Road; and, 2) Authorized the Mayor and City Clerk to execute the amended professional services agreement, subject to approval as to form by the City Attorney. L. Consideration and possible action to update the Council-approved leases and agreements related to financing the Ladera Linda Community Park Project. (Nguyen) This item was removed for separate consideration. CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: J. Consideration and possible action to commit matching funds supporting the City’s application for Hazard Mitigation Grant Funding from the Federal Emergency Management Agency (FEMA). (Villalpando) City Clerk Takaoka noted that there was one request to speak. The following member of the public addressed the City Council: Larry Maizlish. Councilmember Cruikshank moved, seconded by Councilmember Alegria, to approve staff recommendation as follows: Authorized the Mayor to sign letters of matching funds commitment for the Hazard Mitigation Grant Program (HMGP) sub- applications for the two accepted Notice of Interests (NOIs) to California Governor’s Office of Emergency Services (CalOES). 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 update the Council-approved leases and agreements related to financing the Ladera Linda Community Park Project. (Nguyen) 6 City Council Regular and IA Minutes April 5, 2022 Page 7 of 11 City Clerk Takaoka noted that there was one request to speak. The following member of the public addressed the City Council: Jessica Vlaco. Discussion ensued among Council Members, and questions were asked of Staff. Councilmember Alegria moved, seconded by Councilmember Cruikshank, to approve staff recommendation as follows: Adopted Resolution No. 2022-18, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA AUTHORIZING REPLACING THE POINT VICENTE INTERPRETIVE CENTER PROPERTY WITH FRED HESSE, JR. COMMUNITY PARK AS A PORTION OF THE LEASED COLLATERAL PROPERTY IN THE SITE LEASE, SUBLEASE, SUPPLEMENTAL AGREEMENT AND ASSIGNMENT AGREEMENT RELATING TO FINANCING A PORTION OF THE IMPROVEMENTS AT LADERA LINDA COMMUNITY PARK AND DIRECTING CERTAIN RELATED ACTIONS IN CONNECTION THEREWITH. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Ferraro, and Mayor Bradley NOES: None PUBLIC HEARINGS: 1. Consideration and possible action to conduct a review of Trump National Golf Club’s compliance with its maintenance obligations relating to trails and open space (Case No. PLMH2022-0001). (Seeraty) City Clerk Takaoka reported that late correspondence was distributed, notice of the public hearing was duly published, no written protests were received, and there was one request to speak (from the applicant if there were questions only). Councilmember Alegria recused himself at 8:16 p.m. Mayor Pro Tem Ferraro declared the public protest hearing open. Director Rukavina introduced Senior Planner Seeraty who presented the staff report and PowerPoint presentation. Mayor Pro Tem Ferraro declared the public hearing open. Discussion ensued among Council Members, and questions were asked of Staff. Mayor Pro Tem Ferraro declared the public hearing closed. Councilmember Cruikshank moved, seconded by Councilmember Dyda, to approve staff recommendation as follows: Received and filed the report regarding Trump National Golf Club’s compliance with its maintenance obligations relating to trails 7 City Council Regular and IA Minutes April 5, 2022 Page 8 of 11 and open space pursuant to the 2018 City Council-approved Amended and Restated Declaration of Restrictions. The motion passed on the following roll call vote: AYES: Cruikshank, Dyda, Ferraro, and Mayor Bradley RECUSED: Alegria NOES: None Councilmember Alegria returned to Council Chambers and rejoined the meeting at at 8:21 p.m. REGULAR BUSINESS: 2. Consideration and possible action to appoint one member to the Civic Center Advisory Committee. (Takaoka) City Clerk Takaoka announced that ballots were distributed earlier in the evening to appoint one member to the Civic Center Advisory Committee. After one round of balloting, the following appointment was made: Mickey Rodich was appointed to the Civic Center Advisory Committee, with a term ending in June 2024 (Councilmember Cruikshank, Councilmember Dyda, Mayor Bradley voting Rodich; Mayor Pro Tem Ferraro and Councilmember Alegria for Sprinkel). 3. Consideration and possible action to approve a Memorandum of Understanding with the Palos Verdes Peninsula Land Conservancy to act as “co-buyers” in the purchase and management of the Lower Filiorum and Plumtree properties. (Wynder) City Clerk Takaoka noted that late correspondence was received, and there were three requests to speak. City Manager Mihranian shared a Staff report and PowerPoint presentation. Discussion ensued among Council Members and Staff. The following member of the public addressed the City Council: Noel Park, David Snow, and Barbara Sattler. Discussion ensued among Council Members and Staff. Mayor Bradley moved, seconded by Councilmember Alegria, to approve staff recommendation as follows: 1) Approved the Memorandum of Understanding (“MOU”) by and between the City of Rancho Palos Verdes and the Palos Verdes 8 City Council Regular and IA Minutes April 5, 2022 Page 9 of 11 Peninsula Land Conservancy (“PVPLC”), dated April 5, 2022; and, 2) Authorized the Mayor to execute the same following approval as to form by the City Attorney. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Ferraro, and Mayor Bradley NOES: Dyda 4. Consideration and possible action to receive a presentation from the West Basin Municipal Water District on water conservation efforts. (Barnes) City Clerk Takaoka noted that late correspondence was distributed and there were no requests to speak. Deputy City Manager Banales shared a Staff report and PowerPoint presentation. Deputy City Manager Banales introduced West Basin representatives Harold Williams and E.J. Caldwell. Discussion ensued among Council Members and West Basin representatives. Councilmember Alegria moved, seconded by Councilmember Cruikshank to receive and file the presentation from the West Basin Municipal Water District on water conservation efforts. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Ferraro, and Mayor Bradley NOES: None 5. Consideration and possible action to receive a report on regional use of public safety technology. (Bright) City Clerk Takaoka noted that no late correspondence was received, and there were no requests to speak. Mayor Pro Tem Ferraro moved to waive staff report, hearing no objections it was so ordered. Discussion ensued among Council Members. Councilmember Cruikshank moved, seconded by Councilmember Alegria, to receive and file the report on statewide and regional investments in public safety technology. The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Ferraro, and Mayor Bradley NOES: None 9 City Council Regular and IA Minutes April 5, 2022 Page 10 of 11 6. Consideration and possible action to receive a report on the future of meeting format options for City legislative bodies. (Wynder) City Clerk Takaoka noted that no late correspondence was received, and there were no requests to speak. City Attorney Wynder shared a Staff report. Discussion ensued among Council Members, Staff and the City Attorney. Councilmember Alegria moved, seconded by Councilmember Cruikshank, to receive and file the report on the future of meeting format options for City legislative bodies and to consider a future letter of support on AB 2449 and AB 1944 . The motion passed on the following roll call vote: AYES: Alegria, Cruikshank, Dyda, Ferraro, and Mayor Bradley NOES: None FUTURE AGENDA ITEMS: Mayor Bradley would like for staff to provide options of placement of a memorial for fallen firefighter Jonathon Flagler. Mayor Bradley would like for Cal Water to come back to a Council Meeting to discuss rate increases and what is being done to control costs. Mayor Bradley would like for the City Attorney to return with current statue and liability that the City has with general elections as opposed to micro districts within the City to be discussed in closed session. Mayor Bradley would like staff to bring back an FAA item regarding the shortcutting over the Palos Verdes Peninsula. CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. ADJOURNMENT: At 9:51 P.M., Mayor Pro Tem Ferraro adjourned the meeting in memory of Trisha Paddock. ___________________________ Mayor 10 City Council Regular and IA Minutes April 5, 2022 Page 11 of 11 Attest: ___________________________ City Clerk 11