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CC DM 20230117 B - 20221220 CC MINS DRAFTDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING DECEMBER 20, 2022 CALL TO ORDER: A Regular Meeting of the Rancho Palos Verdes City Council was called to order by Mayor Ferraro at 6:08 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, Bradley, Cruikshank, Seo* (via Zoom), and Mayor Ferraro ABSENT: None Also present were Ara Mihranian, City Manager; Karina Bañales, Deputy City Manager; Trang Nguyen, Finance Director; Colin Tanner, Deputy City Attorney for Labor and Employment; William Wynder, City Attorney; 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 LABOR NEGOTIATOR A closed session will be held, pursuant to Government Code § 54957.6, with the City Manager, Deputy City Manager, and City Attorney, acting as its negotiators, regarding labor negotiations with the American Federation of State, County, and Municipal Employees District Council 36 (AFSCME DC36). At 6:09 P.M., the Council recessed to Closed Session. RECONVENE TO REGULAR MEETING: At 7:07 P.M. the Closed Session was reconvened to the Regular meeting. DRAFT City Council Regular Minutes December 20, 2022 Page 2 of 10 REGULAR MEETING – OPEN SESSION CALL TO ORDER: A Regular meeting of the Rancho Palos Verdes City Council was called to order by Mayor Ferraro at 7:07 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, Bradley, Cruikshank, Seo* (via Zoom), and Mayor Ferraro ABSENT: None Also present were Ara Mihranian, City Manager; Karina Bañales, Deputy City Manager; William Wynder, City Attorney; Trang Nguyen, Director of Finance; Cory Linder, Director of Recreation and Parks; Ramzi Awwad, Public Works Director; Octavio Silva, Interim Director of Community Development; McKenzie Bright, Administrative Analyst; and Teresa Takaoka, City Clerk. Also present was Sergeant Tina McCoy from the Lomita Sheriff Station. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by the Director of Recreation and Parks Linder. CLOSED SESSION REPORT: City Attorney Wynder reported that the City Council met in Closed Session to discuss labor negotiations with the American Federation of State, County, and Municipal Employees District Council 36 (AFSCME DC36) on behalf of the City’s part-time employees. There was a privileged and confidential briefing. The City Council unanimously authorized the creation of a City Council subcommittee, should the City Council elect to do so in Open Session, and authorized the City Manager and his negotiating team to work with the City Council Subcommittee on negotiations on a new Memorandum of Understanding with the part-time employees association. MAYOR’S ANNOUNCEMENTS: Mayor Ferraro recognized outgoing Planning Commission Member Julie Hamill and congratulated her on her appointment to the Palos Verdes Peninsula Unified School District Board. Mayor Ferraro also recognized outgoing Civic Center Advisory Committee Member Carolynn Petru. DRAFT City Council Regular Minutes December 20, 2022 Page 3 of 10 RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Ferraro announced the Recycle Winners for the December 6, 2022 City Council meeting: James Kohler and Ted Haggstrom. 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. APPROVAL OF THE AGENDA: Mayor Pro Tem Cruikshank moved, seconded by Councilmember Alegria, to approve the agenda as presented. The motion passed on the following roll call vote: AYES: Alegria, Bradley, Cruikshank, Seo, and Mayor Ferraro NOES: None PUBLIC COMMENTS FOR NON-AGENDA ITEMS: None. CITY MANAGER REPORT: City Manager Mihranian provided updates on the following: City is accepting applications for 2023 Mayors Honorees; 2nd Annual Tree Lighting Ceremony and Opening Night of Skating in the Park event held on Friday, December 16; Point Vicente Interpretive Center Popup Gift Shop is now open; Christmas Tree Recycling; Palos Verdes Peninsula Transit Authority is providing free bus service for New Year’s Eve; City Hall will be closed on December 23, 2022 through January 2, 2023; City Parks will remain open; No changes on trash pickup dates; Construction is prohibited on December 25, 2022 and January 1-2, 2023; and lastly, on behalf of Staff and City Council, Happy Holidays, Merry Christmas, Happy Hanukkah, Happy Kwanza and a Happy New Year to all. CONSENT CALENDAR: City Clerk Takaoka reported that late correspondence was distributed on Items E, F, and M, there was one request to speak on Items E and F, and Item H was removed from the agenda at the request of Staff and will be considered at a future meeting. Councilmember Alegria moved, seconded by Mayor Ferraro, to approve the Consent Calendar with Item H being removed from the agenda and Items E and F to be considered immediately after Consent Calendar. The motion passed on the following roll call vote: DRAFT City Council Regular Minutes December 20, 2022 Page 4 of 10 AYES: Alegria, Bradley, Cruikshank, Seo, and Mayor Ferraro 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 6, 2022, Regular Meeting. C. Registers of Demands (Mata) 1) Adopted Resolution No. 2022-68, 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 run 11/23/2022); and, 2) Adopted Resolution No. 2022-69, 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 run 12/09/2022). D. 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 2023. (Zweizig) 1) Adopted Resolution No. 2022-70, 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 PERIOD BEGINNING JANUARY 1, 2023 THROUGH JANUARY 31, 2023, PURSUANT TO THE RALPH M. BROWN ACT AND ASSEMBLY BILL NO. 361; and, 2) Authorized Staff to continue conducting, as warranted, City Council and Planning Commission public meetings using a combination in-person/virtual (hybrid) platform and continue conducting virtual-only meetings or a combination in-person/virtual (hybrid) platform, if warranted, 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. E. Consideration and possible action regarding a claim against the City by Thomas Olson. (Momoli) DRAFT City Council Regular Minutes December 20, 2022 Page 5 of 10 This item was removed for separate consideration immediately after the adoption of the consent calendar. F. Consideration and possible action regarding a claim against the City by Thomas Olson. (Zweizig) This item was removed for separate consideration immediately after the adoption of the consent calendar. G. Consideration and possible action to review the second biannual 2022 Border Issues report. (Barnes) Received and filed the second biannual report on the status of Border Issues for 2022. H. Consideration and possible action to award a professional services agreement to Sky Elements, LLC to perform a drone light show as part of the City’s Fourth of July Celebration. (Trautner) This item was removed from the Consent Calendar and will be considered at a future meeting. I. Consideration and possible action to award a professional services agreement to Cotton, Shires and Associates, Inc., for Public Works and Recreation and Parks on-call geological and geotechnical support services. (Dragoo) 1) Awarded a professional services agreement to Cotton, Shires and Associates, Inc., for Public Works and Recreation and Parks on-call geological and geotechnical support services on an as-needed basis for a five-year term, with an additional one- year optional term, in the amount not to exceed $80,000 annually, subject to appropriated budgets; and, 2) Authorized the Mayor to execute the agreement in a form approved by the City Attorney. J. Consideration and possible action regarding the FY 2021-22 Year-end Unaudited Financial Report and the FY 2022-23 First Quarter Report. (Loya/Ramos) 1) Received and filed the FY 2021-22 Year-end Unaudited Financial Report; 2) Approved the Purchase Order Carryover Schedule of $16,743,224 from FY 2021 -22 to FY 2022-23, thus, approving the following: i. Decreasing FY 2021-22 Final Budget for the following: $447,073 (General Fund), $12,405,026 (Capital Infrastructure Program), $2,383,757 (Federal Grants – ARPA), $4,039 (Abalone Cove Sewer), $142,502 (Gas Tax), $203,321 (Measure R), $31,337 (Measure W), $286,608 (Proposition C), $612,129 (Quimby), $220,938 (State Grants), $4,194 Waste Reduction, and $2,300 (Equipment Replacement); and, ii. Increasing FY 2022-23 Budget for the following: $447,073 (General Fund), $12,405,026 (Capital Infrastructure Program), $2,383,757 (Federal Grants – ARPA), $4,039 (Abalone Cove Sewer), $142,502 (Gas Tax), $203,321 (Measure R), $31,337 (Measure W), $286,608 (Proposition C), $612,129 (Quimby), $220,938 (State Grants), $4,194 DRAFT City Council Regular Minutes December 20, 2022 Page 6 of 10 Waste Reduction, and $2,300 (Equipment Replacement). 3) Approved Continuing Appropriations of $5,255,573 from FY 2021-22 to FY 2022-23, thus, approving the following: i. Decreasing FY 2021-22 Final Budget for the following: $1,272,000 (General Fund), $1,896,901 (Capital Infrastructure Program), $1,027,385 (Federal Grants – ARPA), $505,000 (Gas Tax), $200,000 (Measure M), $95,000 (Measure R), and $125,174 (Proposition C), $134,114. ii. Increasing FY 2022-23 Budget for the following: $1,272,000 (General Fund), $1,896,901 (Capital Infrastructure Program), $1,027,385 (Federal Grants – ARPA), $505,000 (Gas Tax), $200,000 (Measure M), $95,000 (Measure R), and $125,174 (Proposition C), $134,114, 4) Received and filed the FY 2022-23 First Quarter Financial Report; 5) Approved additional appropriation of $220,000 for the American Rescue Plan Act (ARPA ) in FY 2022-23 for the Ladera Linda Community Park Project; and, 6) Approved allocating the available budget balance of $220,000 in the CIP Fund for the Western Avenue Beautification Project. K. Consideration and possible action to modify the City’s Coronavirus Community Development Block Grant (CDBG-CV) program. (Bright) 1) Closed the Agreement with the Los Angeles County Development Authority (LACDA) for the Senior Activities CDBG-CV project thereby reducing its budget to $0 and closing the project; 2) Authorized the City Manager or his designee to execute a new Agreement with LACDA to fund the installation of an Americans with Disabilities Act (ADA)-compliant wheelchair lift to the City shuttle bus for the REACH Program and associated REACH administrative costs as a new CDBG-CV project, in an amount not to exceed $86,499, subject to a form deemed acceptable to the City Attorney; and, 3) Appropriated $86,499 of available CDBG-CV funds from the Senior Activities project to a new REACH program project. L. Consideration and possible action to award a professional services agreement to Nuvis Landscape Architecture, Inc. for landscape architecture design and support services for the Western Avenue Beautification Project. (Lo) 1) Awarded a professional services agreement to Nuvis Landscape Architecture, Inc. for landscape architecture design and support services for the Western Avenue Beautification Project, for a term of two years with a one-year extension, in the not to exceed amount of $183,818 with a 15% contingency of $27,573; and, 2) Authorize d the Mayor and City Clerk to execute the agreement in a form approved by the City Attorney. M. Consideration and possible action to appoint City Councilmembers to intergovernmental organizations, associations, and City subcommittees for 2023. (Takaoka) 1) Approved adding two ad hoc committees and City Council Subcommittee and removing one ad hoc committee as noted in the Draft 2023 City Council Assignments list; 2) Appointed the members of the City Council to the various intergovernmental organizations, associations, and City subcommittees for 2023; and, 3) Directed Staff to notify the various agencies of the City Council’s decision. DRAFT City Council Regular Minutes December 20, 2022 Page 7 of 10 CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT: E. Consideration and possible action regarding a claim against the City by Thomas Olson. (Momoli) City Clerk Takaoka noted that there was one request to speak. The following member of the public addressed the City Council: Thomas Olson. Council Members asked questions of the speaker/claimant and Staff. Mayor Pro Tem Cruikshank moved to accept responsibility for the damage and pay the claim. Discussion ensued among Council Members and the speaker/claimant. Mayor Pro Tem Cruikshank’s motion died due to a lack of a second. Councilmember Alegria moved, seconded by Councilmember Bradley, as follows: Remanded the claim back to CJPIA for additional information and to return to the City Council, if warranted, at a future meeting. The motion passed on the following roll call vote: AYES: Alegria, Bradley, Seo, and Mayor Pro Tem Cruikshank NOES: Mayor Ferraro F. Consideration and possible action regarding a claim against the City by Thomas Olson. (Zweizig) City Clerk Takaoka noted that there was one request to speak. The following member of the public addressed the City Council: Thomas Olson. Discussion ensued among Council Members. Councilmember Alegria moved, seconded by Mayor Pro Tem Cruikshank, to approve staff recommendation as follows: Rejected the claim and directed Staff to notify the claimant, Thomas Olson. The motion passed on the following roll call vote: AYES: Alegria, Bradley, Cruikshank, Seo, and Mayor Ferraro NOES: None PUBLIC HEARINGS: DRAFT City Council Regular Minutes December 20, 2022 Page 8 of 10 None REGULAR BUSINESS: 1. Consideration and possible action to approve the second cycle of the Public Safety Reimbursement Program. (Bright) City Clerk Takaoka noted that late correspondence was distributed, and there was one request to speak. Administrative Analyst McKenzie Bright presented a staff report and PowerPoint Presentation. Council Members asked questions of Staff. The following member of the public addressed the City Council: Kit Song. Council Members asked questions of the speaker. Discussion ensued among Council Members and the speaker and Staff. Council Members asked questions of Staff. Councilmember Bradley moved, seconded by Councilmember Alegria, to approve staff recommendation as follows: Approved the second cycle of the Public Safety Reimbursement Program, thereby providing ongoing reimbursements for all existing neighborhood recipients of previous iterations of the program and opening the application window for neighborhoods and individuals to apply for safety-enhancing technology such as security cameras, and to return to the City Council at a future meeting with a status report after the second cycle is implemented. Discussion ensued among Council Members and Staff. The motion passed on the following roll call vote: AYES: Alegria, Bradley, Cruikshank, Seo, and Mayor Ferraro NOES: None 2. Consideration and possible action to adopt the City’s 2023 Legislative Platform. (Bright) City Clerk Takaoka noted that late correspondence was distributed, and there were no requests to speak. Administrative Analyst McKenzie Bright presented a staff report and PowerPoint Presentation. Discussion ensued among Council Members, and questions were asked of Staff. DRAFT City Council Regular Minutes December 20, 2022 Page 9 of 10 Councilmember Bradley moved, seconded by Councilmember Alegria, to approve staff recommendation as follows: 1) Adopted Resolution No. 2022-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES THEREBY APPROVING THE CITY OF RANCHO PALOS VERDES 2023 LEGISLATIVE PLATFORM; and, 2) Approved amendments to City Council Policy No. 29 by adding clarifying language that the City Council will adopt a legislative platform annually based on their position on legislative items. Councilmember Seo proposed a friendly amendment to add language to include that insurance coverage for properties within geologic hazardous abatement districts in addition to the high fire zones be added to the legislative platform. 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, Bradley, Cruikshank, Seo, and Mayor Ferraro NOES: None 3. Consideration and possible action to receive a status report on the second quarter Fiscal Year (FY) 2022-23 City Council Goals. (Bañales ) City Clerk Takaoka noted that there were no requests to speak. Deputy City Manager Bañales presented a staff report and PowerPoint Presentation. Discussion ensued among Council Members, and questions were asked of Staff. Councilmember Bradley moved, seconded by Mayor Ferraro, to approve staff recommendation as follows: Received and filed a status report on the second quarter FY 2022-23 City Council Goals. The motion passed on the following roll call vote: AYES: Alegria, Bradley, Cruikshank, Seo, and Mayor Ferraro NOES: None 4. Consideration and possible action to establish a program to accept and distribute donation funds. (Bañales/Awwad/Linder/Nguyen) City Clerk Takaoka noted that no late correspondence was received, and there were no requests to speak. Deputy City Manager Bañales presented a staff report and PowerPoint Presentation. Discussion ensued among Council Members, Staff, and City Attorney Wynder. DRAFT City Council Regular Minutes December 20, 2022 Page 10 of 10 Council Members asked questions of Staff and City Attorney Wynder. Councilmember Alegria moved, seconded by Councilmember Bradley, the following: 1) Reviewed the options presented to the City Council for the City to accept and distribute donation funds and selected Option A thereby authorizing Staff, working with the City Attorney’s Office, to form a nonprofit foundation, meeting the qualifications for tax-exempt status under Internal Revenue Code § 501(c)(3); and, 2) Directed Staff to return at later date with detailed information, i nclusive of a fiscal impact, for City Council consideration. The motion passed on the following roll call vote: AYES: Alegria, Bradley, Cruikshank, Seo, and Mayor Ferraro NOES: None FUTURE AGENDA ITEMS: Councilmember Bradley requested to consider pursuing "Blue City Network" certification in ocean and waterway protection. CITY COUNCIL ORAL REPORTS: Each Council Member present reported on his/her attendance at various organization and association meetings. ADJOURNMENT: At 9:49 P.M., Mayor Ferraro adjourned to 6:00 P.M. on January 17, 2023 for a Closed Session meeting followed by a 7:00 P.M. Regular meeting. ___________________________ Mayor Attest: ___________________________ City Clerk