INCORJ'OIU.'?EO t1131!
CJLIFOt. \'t.
MINUTES OF THE JANUARY 25, 2022
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF PALOS VERDES ESTATES, CALIFORNIA
A Teleconference meeting of the Palos Verdes Estates City Council was held via Zoom videoconference only in order to reduce the risk of spreading COVID-19 and pursuant to AB 361 and the County of Los Angeles Public Health Officer's recommended measures to promote social distancing. Members of the public were provided with the following information to provide public input:
BY COMPUTER: https://us02web.zoom.us/j/84266253779
Zoom Meeting ID: 842 6625 3779
BY TELEPHONE: 1 669 900 9128, Enter Code: 842 6625 3779# CALL TO ORDER - 6:32 pm
PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Mayor Lozzi.
ROLL CALL
Present: Council Members Murdock, Kemps, McGowan, Mayor Pro Tern Roos, Mayor Lozzi
Also Present: Interim City Manager Papa, City Attorney Cotti, City Support Services Director Hannah, Interim Public Works Director Chankin, Chief of Police Best, and City Clerk Chaney
APPROVAL OF AGENDA
ACTION: Moved by Council Member Kemps, and seconded by Council Member Murdock to approve the Agenda as presented. The motion unanimously carried by the following roll call vote:
AYES: Murdock, Roos, McGowan, Lozzi, Kemps
NOES: None.
MAYOR'S REPORT-MATTERS OF COMMUNITY INTEREST
Mayor Lozzi met with the Mayors of the Peninsula Cities on January 14, and on January 15th, presented to the Palos Verdes Breakfast Club, noting the presentation was available online. On January 19th, Mayor Lozzi and Council Member Murdock attended a tour of the Golf Club dining room construction project, which is expected to be completed in March/April of 2022. Mayor Lozzi is on the Board of the Palos Verdes Transit Authority and attending their January 22nd Board Meeting.
CITY MANAGER'S REPORT
Interim City Manager Papa spoke about the current Fire Safety Weed abatement project that is currently ongoing. She noted that the City is working with the contractor on a project map so that residents can receive better advanced notice in the area that the contractor (Oak Ridge Landscape) will be working in. She introduced fyvo new staff
CITY COUNCIL MINUTES
January 25, 2022
members, KaShauna Pickens, the City's Code Enforcement Officer and Carlos Yado, the City's Building Official.
Chief of Police Best acknowledged the Police Department staff for their dedication and hard work during a difficult time due to staffing shortages related to the pandemic.
COMMUNICATIONS FROM THE PUBLIC
The following individuals addressed the City Council: Janice Maier, Bob Stearns, Tom Bechler, and Desiree Myers
CONSENT AGENDA (ITEMS 1-13)
Council member Kemps requested to pull item #9 from the Consent Agenda, asked for an update on the City Manager agreement, noted that one of the checks in the warrant register was pending, and requested that the Long Range Financial Plan be posted to the website, and asked for an update from the City Support Services director regarding the financial statements.
Councilmember Murdock asked about the financial statements item, specifically the budget impact of Council decisions, and the Special Event policy related to fees for specific groups.
ACTION: Moved by Council Member Kemps, and seconded by Mayor Pro Tern Roos to approve the following Consent Calendar Items. The motion carried by the following roll call vote:
AYES: Roos, Lozzi, Kemps
NOES: Murdock, McGowan (#8)
1. CITY COUNCIL ACTION MINUTES
a) Minutes of December 7, 2021 Special Closed Session Meeting b) Minutes of December 7, 2021 Special Meeting
c) Minutes of January 12, 2022 Special Meeting
d) Minutes of January 12, 2022 Regular Meeting
Reviewed and Approved.
2. APPROVAL OF WARRANT REGISTERS
Reviewed and Approved Warrant Register(s) of January 25, 2022, with the exception of checks previously noted.
3. REAFFIRMING THE FINDINGS TO HOLD VIRTUAL CITY COUNCIL,
COMMISSION, COMMITTEE, BOARD AND OTHER CITY BODIES,
MEETINGS UNDER AB 361
City Council reaffirmed the findings set forth in Resolution No. R21-38 to continue to hold virtual meetings pursuant to AB 361.
4. ACCEPTANCE OF DONATIONS
Accepted the donations as presented and thank the donors for their generosity.
5. PLANNING COMMISSION ACTIONS OF JANUARY 18, 2022
Received and filed.
CITY COUNCIL MINUTES
January 25, 2022
6. SPECIAL EVENT APPLICATION FOR LUNADA BAY AND PALOS VERDES
LITTLE LEAGUE ORGANIZATION'S ANNUAL OPENING DAY PARADES SCHEDULED FOR SATURDAY, FEBRUARY 26, 2022
Recommendation: Reviewed and Approved.
7. SPECIAL EVENT APPLICATION FOR PALOS VERDES HIGH SCHOOL'S ANNUAL "REMEMBER THE TRITONS WALK" SCHEDULED FOR FRIDAY, FEBRUARY 18, 2022 FROM 12:15 P.M. TO 3:00 P.M.
Recommendation: Review and Approve.
8. 2022 CITY COUNCIL LIAISON ASSIGNMENTS
Recommendation: Receive and file.
9. APPROVAL ITEM REMOVED FROM CONSENT AGENDA
10. RECEIVE & FILE THE INVESTMENT POLICY ADVISORY COMMITTEE {IPAC) REGULAR MEETING MINUTES FROM OCTOBER 19, 2021
Recommendation: Receive and File.
11. RECEIPT AND FILING OF THE MONTHLY INVESTMENT TRANSACTION REPORTS FOR THE MONTH ENDING NOVEMBER 30, 2021
Recommendation: Receive and File.
12. RECEIPT AND FILING OF THE MONTHLY INVESTMENT TRANSACTION REPORTS FOR THE MONTH ENDING DECEMBER 31, 2021
Recommendation: Receive and File.
13. RECEIPT AND FILING OF FINANCIAL STATEMENTS FOR THE PERIODS ENDING NOVEMBER 30 AND DECEMBER 31, 2021
Recommendation: Receive and File.
ITEMS REMOVED FROM CONSENT AGENDA
9. APPROVAL OF LICENSE AGREEMENT FOR THE CONSTRUCTION OF A
NON-STANDARD ENCROACHMENT ALONG THE CITY RIGHT OF WAY
City Engineer Tim Jonasson reported. There was confusion about the material being used in the encroachment, whether it is plain concrete or pavers. City Council continued the item for clarification from staff and the necessity of the license agreement. Council member Murdock requested an update to the Council whether or not the license agreement is needed.
PUBLIC HEARING(S)/ORDINANCES
14. APPEAL OF PLANNING COMMISSION DECISION TO APPROVE
NEIGHBORHOOD COMPATIBILITY AND GRADING APPLICATIONS FOR A
NEW SINGLE-FAMILY RESIDENCE AND TO DENY A MISCELLANEOUS APPLICATION FOR STRUCTURES EXCEEDING 42" WITHIN THE
SETBACK ADJACENT TO THE STREET AND NONSTANDARD
ENCROACHMENTS WITHIN CITY RIGHT-OF-WAY LOCATED AT 2812 VIA CAMEPSINA (LOT 14, BLOCK 44, TRACT 30905)
Interim City Manager Papa provided the staff report. Mayor Lozzi opened the public hearing.
CITY COUNCIL MINUTES
January 25, 2022
The appellant Major Un, as well as Stuart Criley on behalf of the appellant addressed the City Council.
Allan Rigg on behalf of the applicant, Steve Selig addressed the City Council.
The following individuals addressed the City Council: Desiree Myers, Tom Chan, Jamie MacDougall, Deborah Meng, Betty Peterson, Scott Chen, and Valerie Gorsuch.
The appellant and applicant addressed the City Council for closing comments.
Mayor Pro Tern Roos had questions about the ridge height. He noted that he does have any objections to the ridge height that was approved by the planning commission. He did not see any view impacts from the Un residence. He said he was concerned with the MacDougall's backyard privacy.
Councilmember Kemps said that he would suggest lowering the plate height by a foot. He said that he would also add a condition of tree removal on the northeast side and add that the pepper trees across the street on the golf course be thinned in order to improve the first floor view. After a question for clarification from Mayor Pro Tern Roos, Councilmember Kemps clarified his suggestion would lower the overall height. There was a discussion about the height of the project and the existing grade, and at what point would the approved heights would be measured.
Mayor Lozzi, Mayor Pro Tern Roos and Councilmember Kemps had a discussion of potential view impacts. Councilmember McGowan asked about Councilmember Kemps suggestion to lower the pad and how it affects the design. Councilmember Murdock stated she believed the point of lowering the pad was to lower the ridge height.
Mayor Lozzi said that she believed there was a view impact for the Lin's and a privacy issue for the MacDougall's. She believed if the project was lowered an additional foot in addition to the six inches that the planning commission approved, the issue would be resolved. Mayor Pro Tern Roos asked the applicant about the roof design. Councilmember McGowan and Mayor Pro Tern Roos asked Mayor Lozzi to clarify her concern of the view impact.
ACTION: Moved by Councilmember Kemps, and Seconded by Mayor Pro Tern Roos to adopt the proposed resolution to uphold Planning Commission approval of Neighborhood Compatibility Application No. NC-1718-21 and Grading Application No. G-1660-21 and denial of Miscellaneous Application No. M-1482- 21 for the new single-family home at 2812 Via Campesina as conditioned with the following amendments: 1) that the building pad elevation be reduced an additional foot resulting in an 18 inch total reduction of the height of the entire building structure at all points; 2) the tree on the northeast corner of the subject property be replaced with a slow to moderate growing, mature height not to exceed 25 feet and mature width not to exceed 20 feet, and maintained at the maximum height of 25 feet; and 3) provide direction to City staff that the California pepper tree is directly across the street located on city/golf course property be reduced in height and laced for view improvement.
AYES: Murdock, Roos, McGowan, Lozzi, Kemps
NOES: None.
OLD BUSINESS
NEW BUSINESS
15. 2021-2029 HOUSING ELEMENT
Consultants Gena Guisar and Brad Misner presented the revisions made based on the comments received from HCD, and comments received during the Planning Commission meeting.
CITY COUNCIL MINUTES
January 25, 2022
Councilmember Murdock asked about the authority of the Community Development Director's authorization to make technical changes. Consultant Guisar stated that technical changes are minor, clerical corrections such as page numbers. Councilmember Murdock also had questions about the mixed use overlay program. The Consultant provided clarification regarding the sites inventory and City's obligations to HCD. Councilmember Kemps asked the City Attorney about the Housing Element and potential impacts related to the Homes Association CC&Rs.
Desiree Myers addressed the City Council.
Councilmember Kemps asked about utility demands related to increased density.
Consultant Gena Guisar responded, noting the change in potential density with the overlay zone. Councilmember Murdock asked about the process for HCD approval. Mayor Pro Tern Roos asked about the language regarding CC&Rs and whether it is necessary to include.
There was consensus amongst the Council to remove the CC&Rs language.
ACTION: Moved by Mayor Pro Tern Roos, Seconded by Councilmember Kemps to adopt the proposed resolution for adoption of the Palos Verdes Estates 2021- 2029 Housing Element, subject to the proposed changes, and authorize submittal to the State Department of Housing and Community Development (HCD) for review and approval. The motion unanimously carried by the following roll call vote:
AYES: Murdock, Roos, McGowan, Lozzi, Kemps
NOES: None.
16. APPROVAL OF CONTRACT AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ARDURRA GROUP INC. FOR
CONSTRUCTION MANAGEMENT SERVICES FOR THE PVE GUARDRAIL
PROJECT, CITY PROJECT NO. PW-672-19, FEDERAL PROJECT NO.
HSIPL-5283(010)
City Engineer Tim Jonasson reported.
Counci!member Murdock asked if in addition to the request of additional funds for Ardurra, there will be a request of Ace for additional funds as well. City Engineer Jonasson stated that it is possible, but the City has not received a change order yet. Councilmember Kemps expressed that the construction management vendor needs to finish the work per the terms of the agreement or terminate the agreement. Councilmember Murdock asked about the increase in the hours-per-week as originally quoted by the vendor. Interim Public Works Director Deborah Chankin explained that federal funding rules required the hiring of a construction management firm, noting that designer must be different from the construction management company. She also noted that the vendor for construction management had no prior experience as a prime contractor on a federally funded project. She explained that the proposal for the project was the only one received. She also clarified some changes to the project based on updates to federal standards and requirements. Councilmember Kemps stated that he would not approve the allocation of additional funds for the contract.
Mayor Pro Tern Roos asked the City Attorney about potential termination of the contract and asked about the hours billed in the pre-construction phase.
Council member McGowan asked about the potential termination of the contract, and the ability and cost to replace the construction manager and complete the project. City Engineer Jonasson said that there are limited consultants available for this type of contract. Councilmember Murdock expressed her concern that the Council continues to run into the issue of vendors coming back for increases in their proposed contracts after the contract has been approved. There was discussion about the project and the options moving forward with the current vendor, and possible alternative vendors. Mayor Lozzi expressed her opinion
CITY COUNCIL MINUTES
January 25, 2022
that the contract administrator holds some responsibility for the additional funds being requested. City Engineer Jonasson noted that he has had several meetings with Ardurra in an attempt to resolve this matter. He suggested the Council continue this item so that he can meet with the contractor to get further details about the additional funds being requested. City Engineer Jonasson noted that the construction contractor is currently out of days, but he anticipates they will submit a change order for additional time to complete the contract. He said that the construction manager believes they will need an additional six weeks. There were questions as to whether or not additional funds would be requested from the construction contractor. Interim Public Works Director Chankin explained that they (Ace) would be requesting additional time, not funds.
The City Council directed staff to have a meeting with the vendor and City attorney to clarify the request and negotiate terms, and return to the Council with more information.
MAYOR AND COUNCILMEMBER REPORTS I FUTURE AGENDA ITEMS
Councilmember Murdock requested that the tentative agenda list be provided to the Council. She met with a group of residents who have concerns about the fire safety weed abatement project. She requested a future agenda item for a communication and outreach plan discussion related to the Via Corta project.
Councilmember McGowan provided a sanitation district update related to the Carson sewer line collapse and repair.
Councilmember Kemps also requested that the tentative agenda items list be provided to Council, he requested a review of the American Rescue Plan Act funding guidelines, and he also mentioned that he reached out to Finance Advisory Committee member Mark Young about a pension funding policy, which he believes will be ready for review sometime in February. He requested an update on the proposed police key performance indicators.
ADJOURNMENT TO TUESDAY, FEBRUARY 8, AT 6:30 P.M.
There being no further business to come before the Council, the meeting was adjourned at 10:50 p.m. to Tuesday, February 8 at 6:30 p.m.
Respectfully submitted:
CITY COUNCIL MINUTES
January 25, 2022