CORPORATO F3S
CALIFORNIA
MINUTES
OF THE JUNE 13, 2023, REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY
OF PALOS VERDES ESTATES, CALIFORNIA
CALL TO ORDER The meeting was called to order at 6:31 pm.
PLEDGE OF ALLEGIANCE Mayor Roos led the flag salute.
ROLL CALL
Present: Council Members Lozzi, Kemps, McGowan, Mayor Roos
Absent: Mayor Pro Tem Murdock
Also Present: City Attorney Rusin, Interim City Manager Ready, Public Works Director Seims, Acting Police Chief Hellinga, Community Development Director Brady, City Treasurer Greenberg, Interim Finance Director Balos, and Interim City Clerk Cowley.
APPROVAL OF AGENDA
Mayor Roos asked that Item 13, the Land Conservancy Presentation be heard under Presentations. Council Member McGowan requested Item 11 be moved to the consent Agenda. The council concurred with the changes.
ACTION: Moved by Council Member Lozzi, and seconded by Council Member kemps, to approve the agenda as modified. The motion unanimously carried as follows:
AYES: Lozzi, Kemps, McGowan, Roos
NOES: None
ABSENT: Murdock
MAYOR'S REPORT - MATTERS OF COMMUNITY INTEREST
Mayor Roos announced the 100t anniversary of the real estate rally that was conducted on the grounds of what is today the Malaga Cove School and was the beginning of Palos Verdes Estates. In recognition of that, the Palos Verdes Library District is hosting their "Doors Open Peninsula" project and will use the Malaga Cove grounds for their hub. They have arranged access to over 50 locations across the Peninsula for people to learn about the history of the region. He encouraged everyone to participate in the event which begins at Noon and continues throughout the day. He provided the website for more information.
Mayor Roos also addressed the numerous correspondence received regarding Athens Services. He advised that he and Council Member Lozzi met with members of Athens' executive team to address the concerns the residents have about services. He advised Athens assured them that residents are not expected to clear their driveway or remove vehicles from their driveway to receive service. He noted some of the issues Athens has had regarding the workers who were not familiar with the process here in Palos Verdes Estates. We discussed all the issues with Athens, and they are making changes to make it less of a burden on the residents. He advised the public that if they have any questions or concerns, email him or Council Member Lozzi and we wil provide you with the contact number for Athens.
Mayor Roos also mentioned that the Preserve PVE group sent out a newsletter that included a survey collecting feedback related to the City's budget. The city is currently in the process of working on its budget. The newsletter did not come from the city and the survey was not put together by the city. Preserve PVE has not shared the results of that survey with anyone on the staff.
CITY MANAGER'S REPORT
Interim City Manager deferred to Acting Chief Hellinga who thanked the Peninsula Chamber of Commerce for the Street Fair the past weekend. Chief Hellinga mentioned the Police Department will be open from 9:00am to 4:00pm for Doors Open Peninsula and invited the residents to come by for a tour. He also noted that anyone who signs up for the Police Department's email alert list, will receive a tote bag with the police department's phone number and information about "Know Your Zone." He also announced that with 4th of July coming up, the Police Department is partnering with Rancho Palos Verdes' TV station on a public service announcement to remind everyone that fireworks are illegal in Palos Verdes Estates. To report the use of fireworks please call the Police Department immediately at 310-378-4211.
CEREMONIAL/PRESENTATIONS
• CERTIFICATE OF RECOGNITION FOR SAXON WEISS
Mayor Roos introduced Saxon Weiss who recently graduated from Malaga Cove Middle School and who is a good friend of his son, and a neighbor. He advised that Mr. Weiss is an outstanding musician and a phenom talent who recently donated his time to support the Neighbors Meeting Neighbors event in Lunada Bay Park. Saxon Weiss came forward to play guitar and sing an original composition that he prepared.
Thereafter, the Mayor and Council presented him with a Certificate of Recognition for his contributions to the city and took photographs.
• LAND CONSERVANCY PRESENTATION (VERBAL PRESENTATION)
Recommendation: Listen to the presentation by the Land Conservancy and discuss the information presented.
Bill Ailor who founded the Land Conservancy in 1988 to preserve and protect the natural open space on Palos Verdes Peninsula provided a brief history about the founding of the Land Conservancy which was modeled after the Nature Conservancy. He noted the Conservancy manages over 1700 acres of open space on the Peninsula. He introduced Executive Director Adrienne Mohan who provided a video and PowerPoint presentation that describes the most recent conservation initiatives followed by some of the ways the conservancy works with various Peninsula cities to conserve and manage their open spaces and other efforts the Conservancy is doing for restoration and beautification in partnership with the cities. Ms. Mohan described the landscaping efforts they have completed throughout the area including partnering with Rolling Hills Estates for its City Hail landscape project, which was largely funded by Cal Water.
Thereafter Ms. Mohan responded to questions from the City Council. A brief discussion ensued regarding the work the Conservancy has done to eliminate invasive weeds and replace them with native species that supports native wildlife on the Peninsula resulting in the return of the Blue Butterfly. In response to Council Member McGowan, Ms.
Mahon added that she would welcome the opportunity to sit down with staff and the council to discuss the City's intended uses for the various parklands.
COMMUNICATIONS FROM THE PUBLIC
The following individuals addressed the City Council:
Valerie Gorsuch
Marilyn Libvak
Bob Van Nice
Jim Parker
Mayor Roos addressed some of the concerns presented by Mr. Parker.
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REGULAR MEETING OF JUNE 13, 2023
CONSENT AGENDA (ITEMS 1-9)
Mayor Roos requested Item 6 be pulled from the Consent Agenda for Discussion.
ACTION: Moved by Council Member Lozzi, and seconded by council Member Kemps o approve Consent Agenda Items 1 through 5 and 7 through 9, added Item 11, an excluding Item 6 which was pulled for discussion. The Motion carried as follows:
AYES: Lozzi, Kemps, McGowan, Roos
NOES: None
ABSENT: Murdock
1. CITY COUNCIL ACTION MINUTES
a) Minutes of November 3, 2022
b) Minutes of November 8, 2022
c) Minutes of November 22, 2022
d) Minutes of January 11, 2023
e) Minutes of April 25, 2023
Recommendation: Review and Approve.
2. WARRANTS
Recommendation: Review and Approve Warrant Register of June 13, 2023.
PARKLANDS COMMITTEE ACTIONS
a) Regular Meeting of May 11, 2023
Recommendation: Receive and file.
SPECIAL EVENT APPLICATION FOR THE LUNADA BAY HOMEOWNERS
ASSOCIATION CONCERT DURING THE DOORS OPEN PENINSULA EVENT SCHEDULED FOR SATURDAY, JUNE 17* 2023, AT LUNADA BAY PLAZA PARK
Recommendation: That the City Council approve the Special Event Application subject to the condition of approval and waive the noticing requirement ubmitted by the Lunada Bay Homeowners Association for their concert even on Saturday, June 17th, 2023, at Lunada Bay Plaza Park
5. ADOPTION OF RESOLUTION AUTHORIZING THE APPROVAL OF THE "ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017" PROPOSED
PROJECT LIST
Recommendation: That the City Council adopt Resolution No. R23-XX authorizing the approval of the "Road Repair and Accountability Act of 2017 (Senate Bill 1)" Proposed Project List for the City of Palos Verdes Estates anc direct the City's Public Works Director to submit the Project List and supporting documentation to the California Transportation Commission (CTC).
6. Item 6 was pulled from the Consent Agenda for discussion.
7. PROPOSED FY 2023/2024 BUDGET FOR PALOS VERDES STABLES Recommendation: Staff recommends the City Council approve the Proposed FY 2023/2024 Budget for the Palos Verdes Stables.
8. APPROVAL OF AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES
AGREEMENT FOR REGIONAL MUNICIPAL SEPARATE STORM SEWER
SYSTEM NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES) PERMIT CONSULTING WITH MCGOWAN CONSULTANTS, LLC IN AN AMOUNT NOT TO EXCEED $94,200
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REGULAR MEETING OF JUNE 13, 2023
Recommendation: That the City Council Approve Amendment No. 5 to the Professional Services Agreement for Regional MS4 NPDES Permit Consulting with McGowan Consultants, LLC in the amount of $94,200 and to extend the term of the Agreement to June 30, 2024.
9. ACCEPT AND APPROVE THE APPOINTMENT OF MEMBERS OF THE
FINANCE ADVISORY COMMITTEE, PARKLANDS COMMITTEE, TRAFFIC
SAFETY COMMITTEE, INVESTMENT POLICY ADVISORY COMMITTEE,
LAW ENFORCEMENT SERVICES SPECIAL TAX OVERSIGHT COMMITTEE,
PLANNING COMMISSION, AND THE MAYOR'S APPOINTMENTS OF
COMMITTEE AND COMMISSION CHAIRPERSONS AND VIcE
CHAIRPERSONS
Recommendation: That the City Council approve the appointments to the respective committees.
11. AMENDED AND RESTATED CONCESSION AGREEMENT BETWEEN THE
CITY OF PALOS VERDES ESTATES AND THE PALOS VERDES GOLF CLUB Recommendation: Staff recommends the City Council authorize the Mayor to execute the attached, proposed Amended and Restated Concession Agreement.
Alternatively, the City Council may request revisions and/or additional terms.
ITEMS PULLED FROM THE CONSENT AGENDA
6. PROPOSED FY 2023/2024 OPERATING AND CAPITAL RESERVE BUDGET
FOR THE PALOS VERDES BEACH AND ATHLETIC CLUB
Recommendation: Staff recommends the City Council approve the Proposed FY 2023/2024 Operating and Capital Reserve Budget for the Palos Verdes Beach and Athletic Club (Beach Club).
Mayor Roos asked about the significant number of capital projects for this fiscal year which will impact the capital fund for the club and asked how the club's budget would Bruce Taylor, President of the Board of Directors for the Beach and Athletic Club advised that the items listed are their total wish list for the next ten years. Thereafter followed a brief discussion regarding the operating and capital improvement projects for FY23-24 and the reserve fund balance.
ACTION: Moved by Mayor Roos, and seconded by Council Member Kemps, to approve the Fiscal Year 2023-24 Operating and Capital Reserve Budget of the Palos Verdes Beach and Athletic Club. The motion carried by the following vote:
AYES: Lozzi, Kemps, McGowan, Roos
NOES: None
ABSENT: Murdock
PUBLIC HEARINGS
10. INTRODUCTION AND FIRST READING OF ZTA-0101-23; ZONING TEXT AMENDMENT AMENDING CHAPTER 18.45 ACCESSORY DWELLING UNITS (ADU) OF TITLE 18 ZONING REGULATIONS OF THE PALOS VERDES
ESTATES MUNICIPAL CODE
Recommendation: That the City Council open the public hearing, receive public input, and introduce by title only, and waive further reading, of the Ordinance adopting ZTA-0101-23; Zoning Text Amendment amending Chapter 18.45 Accessory Dwelling Unit (ADU) of Title 18 Zoning Regulations of the Palos Verdes Estates Municipal Code
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REGULAR MEETING OF JUNE 13, 2023
Community Development Director Brady provided a brief staff report indicating this is the first reading of the City's Zoning Text Amendment to Chapter 18.45 entitled the Accessory Dwelling Unit of the Municipal Code. At the meeting of May 23rd, the City Council reviewed the ordinance and suggested changes to the ordinance. She noted the changes include a modified definition of an accessory structure, attached complete independent living facilities, and the Junior ADU, replacement of the two covered parking spaces. There is also a business license requirement incorporated and lot coverage which affects ADUS that require both a building permit and ADU permit.
The public hearing was opened. There being no one wishing to address the issue, the public hearing was closed.
The City Attorney read the title of the ordinance into the record: Introduction on first reading of an Ordinance of the City Council of the City of Palos Verdes Estates, California, amending Chapter 18.45 Accessory Dwelling Unit (ADU) of Title 18 Zoning Regulations of the Palos Verdes Estates Municipal Code and finding the same exempt from the California Environmental Quality Act.
ACTION: Moved by Council Member Lozzi, and seconded by Counci Member McGowan, Verdes Estates Municipal Code The motion carried by the following roll call vote:
AYES: Lozzi, Kemps, McGowan, Roos
NOES: None
ABSENT: Murdock
OLD BUSINESS
Item 11 was moved to the Consent Agenda.
12. ADOPTION OF A RESOLUTION FOR A BUDGET ADJUSTMENT FOR
COMMUNITY DEVELOPMENT DEPARTMENT FEE RELATED
PROFESSIONAL SERVICES
Recommendation: Adopt Resolution No. 22-XX for a budget adjustment for Community Development Department Fee Related Professional Services.
Community Development Director Brady presented a brief report explaining HR Green provides the city building and safety services including the Building Official, the Plans Examiner, and the Planning Inspector. These services are paid for out of the Community Development budget with one hundred percent (100%) cost recovery through fees paid to the City. In the current fiscal year budget $420,000 was appropriated for the city's building and safety services. As of May 31st, HR Green's costs totaled $592,367 and the fees collected as of May 31st totaled over $1 million.
Staff have estimated HR Green's cost for June to be approximately $110,000. For reference, the previous year, HR Green's costs totaled $548,861 based on city fees collected of $721,132 for building permits and plan checks. She recommended a supplemental appropriation of $280,000 which would total $700,000. Ms. Brady noted a correction to the resolution indicating the amount should read $280,000 not $195,000.
The City Council asked questions about the number of permits issued, to which Ms.
Brady advised that the permits being issued are increasing. As of May 31st, the city collected over $1 million, compared to last year where the total collected was $721,000.
She noted that she was seeing an increase in both plan reviews and planning applications. Thereafter followed a discussion regarding the fees collected. Staff explained that the city collects the fees and HR Green is paid a percentage of the fees collected. The actual amount in the last fiscal year is closer to what staff is asking for with this increase. For some reason, the fees were under budgeted in this fiscal year. 5 CITY COUNCIL MINUTES
REGULAR MEETING OF JUNE 13, 2023
ACTION: Moved by Council Member Kemps, and seconded by Council Member Lozzi, to adopt the resolution for a budget adjustment for the Community Development Department for fees related to professional services with an amendment to the title of the resolution modifying the $195,000 to $280,000. The motion carried by the following vote:
AYES: Lozzi, Kemps, McGowan, Roos
NOES: None
ABSENT: Murdock
NEW BUSINESS
Item 13 was moved to Presentations.
14. DISCUSS LANDSCAPE MAINTENANCE SERVICES AND THE AGREEMENT WITH STAY GREEN, INC.
Recommendation: That the City Council provide direction to the Interim City Manager. Options available include: (1) Consider the attached proposal from Stay Green, Inc. in an amount not to exceed $148,000; (2) Direct staff to continue to work with Stay Green until a Request for Proposals (RFP) is prepared and issued, and a recommendation for a landscape maintenance contract award is presented to City Council for consideration; and (3) Direct staff to coordinate with other landscape maintenance firms for quotes for landscape maintenance services that would be performed until a landscape maintenance contract is awarded by City Council from the proposals received by the aforementioned RFP.
Interim City Manage Ready advised the City Council that because of the unusually wet season this year, the landscape maintenance contractor fell behind and was unable to keep their normal schedule. Staff has been negotiating with the landscape contractor and meeting with the ad hoc committee to find a remedy to get the city back on track, however, the contractors indicated they need to cancel the contract due because they did not have a comfort level that they could provide the level of service that was expected in the original contract. The city then had to look at other alternatives, such as going out to an RFP, finding some other hybrids, or working with the contractor on a negotiated change. The City Council liaison, the Mayor, and Mayor Pro Tem have had several meetings and the last direction from council was to see if a negotiated settlement could be made to get the city back on track and move forward. He noted as of now, Stay Green has provided the city with a proposal and the staff has a series of possible alternatives to recommend.
Public Works Director Seims presented several alternatives the City could take, noting the first was from Stay Green for labor to have crews work on key areas that have safety issues in an amount of $148,000 that isn't as detailed as what is required in the Landscape Maintenance contract. It would be more to handle the excessive growth of weeds that are currently present in the city. She added a second option is to continue to work with Stay Green through the proposal, or through a proposal from Stay Green for a level of services on a day rate for the level of staffing while the City prepares an RFP for a new Landscape Maintenance contract. The third option would be to reach out to other landscape maintenance firms to get quotes to help the city with the extensive amount of work that is currently present while the city goes through the RFP process.
Mayor Roos added that he and Mayor Pro Tem Murdock met with representatives from Stay Green last week and separately met with staff to discuss their recommendations.
The Ad Hoc Committee's recommendation was to utilize Stay Green's services for the purpose of clearing the weeds in the areas that are currently under their contract but don't require white glove treatment. He indicated that they felt it was appropriate for staff to find supplemental services to provide the white glove touch in the areas where the city needs more detailed work. The distinction is between areas that are primarily kept in a natural state versus those that are landscaped. The ad hoc discussed with Stay Green that in the contract there are levels of service defined for different zones and CITY COUNCIL MINUTES 6
REGULAR MEETING OF JUNE 13, 2023
some of those zones call for a higher level of service where weeds are pulled out from the root and the area left perfectly clean and other areas where it is not practical to do Thereafter a discussion ensued to clarify what was being recommended, which was to not continue with the Stay Green contract costs, but to pay $148,000 to Stay Green to work on key areas; and use the contract funds to hire supplemental services.
Thereafter, a discussion ensued about residents noticing Stay Green's workers sitting around and doing nothing and what is to ensure the city that if the $148,000is paid to Stay Green that won't continue to happen.
Martin McKenna, Operations Manager for Stay Green addressed the City Council that he had been monitoring the workers and that pictures were being sent daily to the Urban Forester. He further explained that they changed the team leader, and they will monitor their crew. Concerns were expressed that the agreement calls for supplemental staffing yet Stay Green said that one of the problems is getting workers. Mr. McKenna was asked to confirm whether they have the workers to do the work, if the Council were to approve this agreement. Martin said they do not have the people hired at this point, but they have a pipeline of people that they are ready to hire. He said they would need a week to hire the employees, orientate them, and process the background checks to get the five new hires up to speed and the $148,000 will cover 12 employees for about six weeks.
Mr. McKenna added that the $148,000 was labor driven and they would do whatever City staff directs them to do including the white glove services. A lengthy discussion continued regarding the work to be done and the remediation of some areas as opposed to detailed work and the understanding of what the expectations are. Martin noted that they needed to understand what the priority zones are so they can deploy their The council discussed the issue at length and expressed concerns that this proposal is not going to touch all areas of the City and made various suggestions to get the landscaping back on track. Council Member McGowan felt the city should approve the proposal of $148,000 for a 12-member crew for six weeks and ask public works to get a couple of other firms to do other areas of the city and bring that back to Council.
Marleen Green addressed the City Council on this issue.
Thereafter a discussion ensued regarding the use of chemicals and pre-emergence to apply to the areas to keep the weeds from germinating. Martin said that would be the best, but the proposal would have to be amended for the cost of the chemicals. The discussion continued about whether to amend the proposal to add a not to exceed amount for the cost of chemicals. Council Member Lozzi expressed her concerns about staff making sure the other firms we hire are clear on what we want them to do.
Interim City Manager and City Attorney advised the City Council that staff would use the procurement process to find another vendor and enter into an agreement in a form acceptable to both the city manager and city attorney for the amount council decides allowing to use the city manager's authority up to $25,000 so staff can start immediately.
The source of funding would come from the fire mitigation line item and transferred to the professional services contract.
ACTION: Moved by Council Member Kemps, and seconded by Council Member McGowan, to authorize staff to execute, in a form acceptable to the City Manager and City Attorney, an agreement with Stay Green Incorporated not to exceed $148,000, which would focus efforts with 12 staff members over six weeks, combined with an appropriation of an additional $80,000 for staff to direct selective chemical application and to seek and execute proposals from additional vendors for landscape maintenance on an emergency basis. The motion carried by the following vote:
AYES: Lozzi, Kemps, McGowan, Roos
NOES: None
ABSENT: Murdock
CITY COUNCIL MINUTES 7
REGULAR MEETING OF JUNE 13, 2023
MAYOR AND COUNCILMEMBER REPORTS
Council Member Lozzi announced that she and Mayor Pro Tem Murdock are the Ad Hoc Committee for the Tree Management Policy and they attended the Parklands Meeting on May 11, 2023. They made some revisions and opened a public comment page on the website where people can comment on the draft Tree Management Policy May 31st The comment page
[email protected]. To date, they have only received a handful of comments. The Tree Management Policy will go back to Parklands on July 13, 2023, and to City Council on July 25th.
Council Member Kemps and Mayor Roos met with CSG, the City's housing consultant on June 1, 2023. The discussion focused on rethinking strategy and retooling the sites inventory. The intent was to seek approval of the Housing Element, while avoiding open space, eliminating the St. Francis episcopal Church site, as well as the majority of the Malaga Cove Plaza area. He explained what these changes would do to the minimum density ratio. Directions were provided to the consultant to provide these edits and proceed with a public process to attempt to seek HCD approval. The city is awaiting a modified draft which is anticipated late this week.
Council Member Kemps attended the Chamber of Commerce Legislative Action Committee and reported on three bills: Senate Bill 553 which passed the Senate and is waiting on the Assembly. He provided a list of items the bill requires. Senate Bill 365 (Weiner) that requires trial court to continue trial proceedings during any appeal regarding the denial of a motion to compel. Senate Bill 723, which imposes a stringent process for specific employers to return employees to the workforce for specified industries, including hotels and restaurants that have been disproportionally impacted by the Covid 19 pandemic. He also reported on Senate constitutional Amendment 7 enshrines in the California Constitution unnecessary and unprecedented benefits that will damage government operations and performance, California economy, and is rife with unintended consequences. He suggested the public look for themselves.
He requested a discussion related to continued membership in the League of California Cities and the South Bay COG be agendized before the budget process ends.
A brief discussion ensued regarding the timeline when the League would be making a presentation to the city. Council Member Ready advised the council that even though the membership fees are budgeted, they won't be paid until after the City Council makes a decision.
The city council was directed to invite the League to the June 27th City Council meeting.
Council Member Lozzi asked that a presentation on the condition of the sanitary sewers be added to the future agenda items.
Council Member McGowan attended the Memorial Day celebration at Greenhills which was a very moving and compelling program. He highly encouraged the City Council to be more participatory in the future. He also announced that the Fire Department Ad Hoc are working with the Fire Department to review the issues.
ADJOURNMENT
There being no further business to come before the council, the meeting was adjourned at 8:58 pm to the next regular meeting on June 27, 2023, at 6:30 pm.
RESPECTFULLY SUBMITTED APPROVED:
Carol Cowley, Interim City Clerk Jim Roos, Mayor
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REGULAR MEETING OF JUNE 13, 2023