CITy RESTATES
100 CO
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CALIFORNIA
MINUTES
OF THE NOVEMBER 22, 2022
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF PALOS VERDES ESTATES, CALIFORNIA
CALL TO ORDER
The meeting was called to order at 6:30 pm.
PLEDGE OF ALLEGIANCE
Mayor Lozzi led the audience in the pledge of allegiance.
ROLL CALL
Present: Councilmembers Kemps, McGowan, Murdock, Mayor Lozzi
Absent: Mayor Pro Tem Roos
Also present: City Manager Prestwich, Interim City Attorney Rusin, Director of Public Works Suppor City ices Director Haha, Poice her Best, and oily Cle Dealeyment Brady, City
APPROVAL OF AGENDA
It was moved by Councilmember Murdock and seconded by Councilmember McGowan, to approve the agenda with the changes to move Item 9 to the Consent Agenda and move Item 12 before the first item under New Business. The motion unanimously carried by the following vote:
AYES: Kemps, McGowan, Murdock, Lozzi
NOES: None
ABSENT: Roos
MAYOR'S REPORT - MATTERS OF COMMUNITY INTEREST
Mayor Lozzi announced that the November 8th Election results won't be officially certified until December 5. She also noted that the City Council has called a Special Meeting for December 6th, and the December 13t meeting will be the reorganization of the City Council.
Speaking for the entire City Council she wished everyone a Happy Thanksgiving, and expressed the things she was thankful for.
CITY MANAGER'S REPORT
City Manager Prestwich updated the City Council regarding Cal Water's Via Del Monte water main project along Via Del Monte from Via Pinale to Via Somante consisting of installing a new eight-inch waterline between those streets. Also, on Via Pinale from Via Del Monte to Via Ramone. The project is one of two projects Cal Water is doing on Via Del Monte which is why Via Del Monte was not included in the Slurry Seal project in June. He added the second project is not yet scheduled. He advised the project will begin on December 5th and will be completed in phases to allow for roadway access. He also advised no work would be performed between December 23d and January 2nd. A copy of the notice will be posted on the City's website.
Mr. Prestwich updated the City Council on the parking lot structure noting the City will be entering into a contract with Walker Consultants for the amount of $23,000 to perform a
CITY COUNCIL MINUTES
NOVEMBER 22, 2022
condition assessment. The work is anticipated to begin next week, and he hoped to have an update to Council at the December 13t City Council meeting on the assessment.
The City Manager also advised the City Council that a recruitment was underway for the Police Chiet position, with Chief Best's upcoming retirement. Ralph Anderson and Associates is Leading the recruitment, the application deadline is January 12t", and a rigorous process is being prepared for the applicant.
Chief Best reported on the lateral hiring Incentive that was put into effect noting a lateral officer will be starting from another South Bay city with 17 years' experience, on Monday. He also noted that he made a job offer to the last candidate under that program today who is an academy graduate and should start by the end of the year. With these two hires that concludes their efforts to fill the vacancies in the sworn range. There are four new officers off training and tw additional officers scheduled to complete training in the next two months
COMMUNICATIONS FROM THE PUBLIC
The following individuals addressed the City Council: Bob Stearns regarding Neighborhood Watch, Margaret Shore.
CONSENT AGENDA (ITEMS 1-6 AND ITEM 9)
ACTION: Moved by Councilmember Murdock, seconded by Councilmember McGowan, to approve the Consent Agenda Items 1 through 6, and Item 9 which was removed from new business and added to the Consent Agenda. The motion unanimously carried by the following vote:
AYES: Kemps, McGowan, Murdock, Lozzi
NOES: None
ABSENT: Roos
1. APPROVAL OF WARRANT REGISTERS
Recommendation: Review and Approve Warrant Registers) of November 22, 2022.
2. FINANCIAL REPORTS RECEIPT AND FILING OF FINANCIAL STATEMENTS FOR THE PERIOD ENDING SEPTEMBER 30, 2022
Recommendation: Receive and File
3. FINANCE ADVISORY COMMITTEE (FAC) JULY 28, 2022 SPECIAL MEETING MINUTES AND THE AUGUST 17, 2022 REGULAR MEETING MINUTES.
Recommendation: Receive and File.
4. SPECIAL EVENT APPLICATION OF THE LUNADA BAY HOMEOWNERS' ASSOCIATION TO HOLD ITS "SANTA IN THE PARK" EVENT AT LUNADA BAY PARK ON WEDNESDAY DECEMBER 14, 2022
Recommendation: Review and Approve.
5. CONSIDERATION OF ACCEPTANCE OF COMPLETION OF CONSTRUCTION CONTRACT FOR PW-691-21 FY 21/22 SLURRY SEAL PROJECT AND RELEASE OF
RETENTION
Recommendation: 1. Accept the PW-691-21 FY 21/22 Slurry Seal Project as complete Project); 2. Authorize the City Clerk to file the Notice of Completion for the Project; and 3 Release retention 35 days after the date the Notice of Completion is recorded.
6. PLANNING COMMISSION ACTIONS OF NOVEMBER 15, 2022
Recommendation: Receive and File
9. CONSIDER APPROVAL OF THIRD AMENDMENT TO THE 2018 CONCESSION
AGREEMENT BETWEEN THE CITY OF PALOS VERDES ESTATES AND THE PALOS
VERDES GOLF CLUB
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NOVEMBER 22, 2022
Recommendation: Review and authorize the mayor to execute the attached proposed Second Amendment to the Concession Agreement Between the City of Palos Verdes Estates and the Palos Verdes Golf Club, which was last amended on November 5, 2019.
PUBLIC HEARING
7. ADOPTION ON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 22-759 AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE PALOS VERDES ESTATES MUNICIPAL CODE BY ADOPTING BY REFERENCE THE 2022
CALIFORNIA BUILDING, RESIDENTIAL, ELECTRICAL, MECHANICAL,
PLUMBING, ENERGY, GREEN BUILDING, HISTORICAL BUILDING AND EXISTING BUILDING CODES; THE 2022 CALIFORNIA REFERENCED STANDARDS, THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE; THE 2021 UNIFORM SWIMMING POOL, SPA, AND HOT TUB CODE; AMENDING CHAPTER 8.12 (FIRE CODE) OF TITLE 8 (HEALTH AND SAFETY) OF THE PALOS VERDES ESTATES MUNICIPAL CODE BY ADOPTING BY REFERENCE THE 2020
LOS ANGELES COUNTY FIRE CODE, RATIFYING THE MORE RESTRICTIVE
BUILDING STANDARDS CONTAINED IN THAT CODE, AND DELEGATING ENFORCEMENT OF THE FIRE CODE IN THE CITY TO THE FIRE CHIEF; AND AMENDING CHAPTER 13.14 ("SANITARY SEWER AND INDUSTRIAL WASTE") TO TITLE 13 (PUBLIC SERVICES) OF THE PALOS VERDES ESTATES
MUNICIPAL CODE TO ADOPT BY REFERENCE THE LOS ANGELES COUNTY SANITARY SEWERS AND INDUSTRIAL WASTE ORDINANCE (TITLE 20, DIVISION 2 - LOS ANGELES COUNTY CODE)
Recommendation: 1. Open a public hearing and take testimony, if any, and 2. Adopt Ordinance No. 22-759 entitled "AN ORDINANCE OF THE CITY OF PALOS VERDES ESTATES AMENDING TITLE 15 (BUILDINGS AND CONSTRUCTION) OF THE PALOS VERDES ESTATES MUNICIPAL CODE BY ADOPTING BY REFERENCE THE 2022
CALIFORNIA BUILDING, RESIDENTIAL, ELECTRICAL, MECHANICAL, PLUMBING,
ENERGY, GREEN BUILDING, HISTORICAL BUILDING AND EXISTING BUILDING THE 2022 CALIFORNIA REFERENCED STANDARDS, THE 2021
INTERNATIONAL PROPERTY MAINTENANCE CODE; THE 2021 UNIFORM SWIMMING POOL, SPA, AND HOT TUB CODE; AMENDING CHAPTER 8.12 (FIRE CODE) OF TITLE 8 (HEALTH AND SAFETY) OF THE PALOS VERDES ESTATES MUNICIPAL CODE BY ADOPTING BY REFERENCE THE 2020 LOS ANGELES COUNTY FIRE CODE,
RATIFYING THE MORE RESTRICTIVE BUILDING STANDARDS CONTAINED IN THAT
CODE, AND DELEGATING ENFORCEMENT OF THE FIRE CODE IN THE CITY TO THE FIRE CHIEF; AND AMENDING CHAPTER 13.14 ("SANITARY SEWER AND INDUSTRIAL WASTE") TO TITLE 13 (PUBLIC SERVICES) OF THE PALOS VERDES ESTATES
MUNICIPAL CODE TO ADOPT BY REFERENCE THE LOS ANGELES COUNTY SANITARY SEWERS AND INDUSTRIAL WASTE ORDINANCE (TITLE 20, DIVISION 2 - LOS ANGELES COUNTY CODE)".
Interim Community Development Director Brady provided a staff report.
Mayor Lozzi opened the public hearing at 6:47 pm. There being no one wishing to give testimony, the Mayor immediately closed the public hearing.
The City Attorney read the title of the Ordinance into the record.
CTION: It was moved by (NOTE: I did not hear anyone make the motion (listen at 20:35 nd seconded by Councilmember Kemps, to adopt Ordinance No. 22-759 by title only o second reading. The motion unanimously caried as follows:
AYES: Kemps, McGowan, Murdock, Lozzi
NOES: None
ABSENT: Roos
OLD BUSINESS
8. CONSIDERATION OF RESOLUTION 22-XX DESIGNATING THE PERSONS
AUTHORIZED TO TRANSACT BUSINESS WITH THE CITY'S BANKING SERVICES
PROVIDER ON BEHALF OF THE CITY OF PALOS VERDES ESTATES
Recommendation: Adopt the proposed Resolution designating the persons authorized to transact business with the City's Banking Services Provider on behalf of the City of Palos Verdes Estates.
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NOVEMBER 22, 2022
City Treasurer Greenberg provided a staff report regarding the changes being recommended relating to the positions that will be authorized to transact business on behalf of the city with the City's banking services provider.
The City Council deliberated and asked clarifying questions regarding the various positions being designated in the exhibit attached to the resolution. The council agreed with the changes, however, they felt that EFT Initiators should also include the Accounting Manager position as well as the Senior Accountant, should there be a change in staffing in the future. The City Council determined that all transactions require two signatures.
ACTION: It was moved by Councilmember McGowan, to approve the resolution as submitted with the addition of "or Finance Manager" as an EFT initiator.
Councilmember Kemps made a friendly amendment to the motion, and seconded by Councilmember Murdock, that in addition to adding Finance Manager, to also require two signatures on all checks and authorize either the Mayor, Mayor Pro Tem, City Treasurer or City Manager as signatories on all checks; and remove "required" after the City Manager. The motion unanimously carried by the following roll call vote:
AYES: Kemps, McGowan, Murdock, Lozzi
NOES: None
ABSENT: Roos
NEW BUSINESS
Item No. 12 was moved forward to be heard before Item No. 10.
12. CONSIDERATION OF FIRST AMENDMENT TO LICENSE AGREEMENT BETWEEN THE
CITY OF PALOS VERDES ESTATES AND PALOS VERDES BREAKFAST CLUB
AUTHORIZING USE OF SKUNK HOLLOW FOR A FIVE-YEAR PERIOD THROUGH DECEMBER 31, 2027
Recommendation: Approve First Amendment to License Agreement between the City of Palos Verdes Estates and Palos Verdes Breakfast Club authorizing use of Skunk Hollow for a five-year period through December 31, 2027.
Councilmember McGowan recused himself and left the Council Chambers. he City Manager provided a brief staff report indicating the Breaktast Club has requested re-year extension of the License Agreement through December 31, 202 The City Council discussed the issue, expressing concern about the use of a license agreement as opposed to a special permit. Concern was also expressed about standardizing the use of fees Tite storal onanizatio approvesire ratione License tree or a five years and include language regarding the payment of the fee.
The following individuals addressed the City Council regarding this issue: Mike Diclary, Jim Goodhart.
ACTION: It was moved by Mayor Lozzi, and seconded by Councilmember Murdock, to approve the five-year extension on the License Agreement conditioned on the payment of the License Agreement fee. The motion unanimously carried as follows:
AYES: Kemps, Murdock, Lozzi
RECUSED: McGowan
ABSENT: Roos
Councilmember McGowan returned to the Council Chambers.
10. CONSIDERATION OF AMENDMENT NO. 4 TO THE CITY OF PALOS VERDES ESTATES AGREEMENT WITH ARAKELIAN ENTERPRISES INC. DBA ATHENS SERVICES FOR
REFUSE AND RECYCLING COLLECTION, STREET SWEEPING, TRANSPORTATION,
PROCESSING, AND DISPOSAL SERVICES
CEQA Determination: This action is not subject to CEQA because it is not a project under 14 C.C.R. § 15378(b)(5); alternatively, even if the action is a project under CEQA, it is categorically exempt under 14 C.C.R. §§ 15307, 15308, and 15061(b)(3).
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NOVEMBER 22, 2022
Recommendation: Adopt Resolution R22-XX authorizing approval of Amendment No 4 to ne uity or palos Verdes Estates Agreement with Arakelian Enterprises Inc. DBA Athen services for refuse and recycling collection, street sweeping, transportation, processin and disposal services.
The City Council asked clarifying questions and discussed at length the various issues of the agreement and the services that will be provided by Athens, as well as enforcement of the mandatory organic waste regulations.
The following individual addressed the City Council: Susie Rossick.
Christian Warner, Sr. Vice-President of Athens, in response to a question regarding communications with the residents about the rate increasess and the organic waste regulations, explained the types of communications Athens will provide to the residents. Council felt that it might also be helpful to have information go into the City Manager's newsletters. The City Manager explained the things that City staff will be doing to make sure the public is well informed of the changes to trash pickup and rate increases.
ACTION: It was moved by Councilmember Kemps, and seconded by Councilmember shed mean, anton, prosang and aps ended. m
motion carried by the following vote:
AYES: Kemps, McGowan, Murdock, Lozzi
NOES: None
ABSENT: Roos
11. (1) AUTHORIZE THE CITY MANAGER TO ENTER INTO A ONE-YEAR CONTRACT WITH
A SELECTED PROVIDER WITH THE OPTION TO RENEW FOR THREE ADDITIONAL
ONE-YEAR TERMS FOR THE PROVISION OF VIRTUAL CHIEF INFORMATION
SECURITY OFFICER (VCISO) SERVICES, ANNUAL IT SECURITY ASSESSMENT, AND QUALYS SCANNING; (2) ADOPT THE PROPOSED RESOLUTION WAIVING CERTAIN PURCHASING PROCEDURES AND INCREASING THE FISCAL YEAR 2022-23
APPROPRIATIONS BUDGET IN THE GENERAL FUND FOR IT CONTRACTUAL SERVICES IN THE AMOUNT OF $23,900 for MILLER KAPLAN OR $24,415 FOR RSI SECURITY.
Recommendation: (1) Authorize the City Manager to enter into a one-year contract with the selected provider with the option to renew for three additional one-year terms for the provision of virtual Chief Information Security Officer (vISO) services, annual IT security assessment, and Qualys scanning; (2) Adopt the proposed Resolution waiving certain purchasing procedures and increasing in Fiscal Year 2022-23 appropriations in the General Fund for IT Contractual Services in an amount not to exceed of $23,900 for Miller Kaplan Councilmember Kemps recused himself from this item and left the Council Chambers.
Director of City Support Services Hannah presented the staff report.
The City Council deliberated on the issue and asked clarifying questions about each of the vendors, the services to be provided, and the costs associated with the services.
Councilmember Murdock expressed her concern about approving individual IT contracts an not having a full picture of the entire IT services the City is receiving from the various vendors e a documen that povies a 00 At some point she would like to have a document that provides a comprehensive picture of IT services that are being provided.
In response to Councilmember McGowan's question regarding the email spams the Council is receiving, the City Manager explained that this service will scan the system and Minecast is an additional complimentary solution that will be searching and significantly reducing the phishing emails. Mr. Prestwich agreed that it is time to provide the City Council with an update of all IT related services, which was added to the future agenda items list for early 2023.
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After concerns were about increasing the budget by $23,900, City Manager Prestwich noted the City can absorb the funds In the current fiscal year budget due to salary savings of three to four months for the Senior Accountant position, which will be approximately equivalent to the cost of this agreement.
ACTION: It was moved by Councilmember Murdock, and seconded by Councilmember McGowan to authorize, pursuant to Municipal Code Section 3.24.100 waiving certain purchasing procedures, for the City Manager to enter into a one-year contract with the option for three one-year extensions with Miller Kaplan for the provision of virtual Chief Information Security Officer services, annual IT security assessment, and Qualys scanning with a maximum contract amount of $135,600, excluding work requested that is out of scope of this contract; and the additional $23,900 be absorbed within the current fiscal year budget.
AYES: McGowan, Murdock, Lozzi
RECUSED: Kemps,
ABSENT: Roos
Councilmember Kemps returned to the Council Chamber.
MAYOR AND COUNCILMEMBER REPORTS
Councilmember Murdock reported that the La Venta Inn Ad Hoc committee continues to work and they are hoping to meet with City Staff next week to discuss enforcement. She also noted that the P.D.T.C. budget needs to be added to the December 6t meeting agenda.
Councilmember Kemps wished everyone a Happy Thanksgiving and reported that in collaboration with the Palos Estates Foundation, Malaga Cove Homeowners Association, and Lunada Bay Homeowners Association, Gina Bush Landscaping is going to help transition the fall décor to holiday décor.
Councilmember McGowan added that Councilmember Kemps and his wife were also owed a debt of gratitude for additional decorations they provided at the fountain. He also reported that Palos Verdes Estates is going to be the host for the disaster preparedness activities next year and asked that an update of what that looks like be added to the City Manager report.
City Manager Prestwich advised that there will be administrative responsibility by the staff and an update will be provided to the City Council at a future meeting Mayor Lozzi listed the items to be added to the future agendas list. Thereafter a brief discussion ensued regarding the tentative agenda no longer listing items that have yet to be agendized and a desire to continue with that practice and noting whether it is on the City Council's work plan or not.
Councilmember McGowan added that the City is going to have to begin scheduling some workshops during the first quarter of the year to go through the long-range plan and identify all the open issues that need to be addressed
ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at 8:54 pm. to the Regular Meeting of December 13, 2022.
RESPECTFULLY SUBMITTED
Kylynn Chaney, City Clerk (
By Carol Cowley
APPROVED
Vitril ozo
lictoria Kozzi, Mayo
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NOVEMBER 22, 2022