PALOS, VERDES
CITY RESTATES
INCORPORATED 1939
CALIFORNIA
MINUTES
FOR THE JUNE 27, 2023 REGULAR MEETING
OF THE CITY COUNCILOF THE CITY OF
PALOS VERDES ESTATES, CALIFORNIA
CALL TO ORDER The meeting was called to order at 6:33 pm.
PLEDGE OF ALLEGIANCE Mayor Roos led the pledge of allegiance.
ROLL CALL
Present: Lozzi, Kemps, Murdock, Roos
Absent: McGowan
Also Present: City Attorney Rusin, Interim City Manager Ready, Public Works Director ready, Interim Finance Director Balos, Acting Chief of Police Hellinga, Interim city Clerk Cowley
CLOSED SESSION REPORT
The City Attorney reported that the City Council met in closed session this evening to discuss significant exposure to litigation pursuant to Government Code 54956.9(d)(2) Number of cases: 1. All City Council members were present except for Council Member McGowan. The city council took no reportable action.
APPROVAL OF AGENDA
Mayor Pro Tem Murdock requested Item 5 be pulled from the Consent Agenda for discussion. Item 5 was moved to Old Business. A discussion about whether to pull the Planning Commission Actions ensued. Mayor Roos explained that misinformation was provided to residents that the Planning Commission approved the roundabout project as part of the capital improvement plan. When in fact the Planning Commission did not approve the Capital Improvement Plan but merely approved that the Capital Improvement Plan was in conformance with the General Plan. He emphasized that the City Council has no intention of building a roundabout and the Capital Improvement Plan has not been updated to reflect that project is no longer being pursued.
ACTION: Moved by Mayor Pro Tem Murdock and seconded by Council Member Kemps, to approve the agenda with the removal of Item 5 from the Consent Agenda.
The motion carried by the following vote:
AYES: Lozzi, Kemps, Murdock, Roos
NOES: None
ABSENT: McGowan
MAYOR'S REPORT - MATTERS OF COMMUNITY INTEREST
Mayor Roos wished everyone a happy Independence Day since the 4th of July was next week and so was his birthday and reminded everyone to remember the significance of Independence Day as a time to honor the birth of the nation champions of freedom and independence and unite as Americans in celebrating the spirit of liberty that binds us together and inspire us to strive for a future filled with equality justice, and prosperity for all.
He also acknowledged the month of June was Pride Month and he executed a Proclamation recognizing Pride Month on behalf of the City. He read the proclamation and dedicated it to Mayor George Chen of Torrance who he would mail the Proclamation to.
CITY MANAGER'S REPORT
Interim City Manager Ready advised the City Council that the budget is being approved this evening and he did submit a supplemental staff report which has been provided and it continues to ensure there is a surplus in the operating budget.
Interim Police chief Hellinga reported that the Police Department received a call to report a suspicious vehicle parked around Via Anacapa and Via Sola. When the officers arrived on the scene, there were two females in the vehicle, and they noticed there was several pieces of mail located inside the vehicle. When the driver was asked to exit the vehicle, the officers saw a handgun on the driver's seat. Meanwhile, they received a call of an activated burglary alarm at a resident in the 2800 block of Via Anacapa and confirmed that a residential burglary had occurred, and property stolen from that house was eventually located in the suspects' vehicle. The initial two occupants were detained.
The area was searched for two more suspects who were identified by a witness. All four suspects were arrested and booked on residential burglary. He advised the City Council that this was the fourth firearm arrest this month and the twelfth this year.
CEREMONIAL/PRESENTATIONS
• CERTIFICATE OF RECOGNITION - DANNY STENDER FOR EAGLE SCOUT
PROJECT
Mayor Roos presented a Certificate of recognition to Danny Stender, an Eagle Scout, experience with the American Red Cross, the alarming statistics associated with fire deaths, especially among elderly individuals. Mayor Roos provided some statistics on age-related fire deaths. In concert with some of his Eagle Scout colleagues, Danny led an effort replacing almost 70 smoke detectors in homes throughout Palos Verdes Estates. Mayor Roos asked Danny to come forward and presented him with a certificate of Recognition. Thereafter photographs were taken with the City Council.
Danny Stender then addressed the City Council and explained his project.
COMMUNICATIONS FROM THE PUBLIC
The following Individuals addressed the City Council:
Constance Sullivan regarding the Pride proclamation
Reggie Jue regarding the Pride proclamation and Neighborhood Watch Brian Pressman regarding the PVEHA
Jim Parker regarding La Venta Inn
Marilyn Lipvik regarding weed abatement
A gentleman who did not provide his name regarding weed abatement.
CONSENT AGENDA (ITEMS 1-5)
ACTION: Moved by Council Member Lozzi, and seconded by Council Member Kemps, to approve the Consent Agenda consisting of Items 1 through 5, excluding Item 5 which was moved to Old Business. The motion unanimously carried by the following vote:
AYES: Lozzi, Kemps, Murdock, Roos
NOES: None
ABSENT: McGowan
1. CITY COUNCIL ACTION MINUTES
a) Regular Meeting Minutes of February 28, 2023
b) Special Meeting Minutes of May 9, 2023
c) Special Meeting Minutes of May 20, 2023
d) Regular Meeting Minutes of May 23, 2023
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e) Special Meeting Minutes of May 23, 2023
Recommendation: Review and Approve.
2. WARRANTS
Recommendation: Review and Approve Warrant Register of June 27, 2023.
PLANNING COMMISSION ACTIONS
a) Regular Meeting of June 20, 2023
Recommendation: Receive and file.
ADOPTION AND SECONDREN AMEND COAT 1815
23; ZONING TEXT AMENDMENT) AMENDING CHAPTER
ACCESSORY DWELLING UNITS (ADU) OF TITLE 18 ZONING
REGULATIONS OF THE PALOS VERDES ESTATES MUNICIPAL CODE
Recommendation: that the City Council adopt Ordinance No. O-780 of the City Council of the City of Palos Verdes Estates, California, Amending Chapter 18.45 Accessory Dwelling Units of Title 18 Zoning Regulations of the Palos Verdes Estates Municipal Code and Finding the Same Exempt from the Califomia Environmental Quality Act (CEQA).
OLD BUSINESS
5. ADOPTION OF RESOLUTION NO. R23-20 ADOPTING THE BUDGET FOR FISCAL YEAR 2023-24 AND APPROVAL OF THE FY 2023-24 ANNUAL
SALARY PLAN
Recommendation: Staff recommends the City Council adopt Resolution No. 23- 20 approving and adopting the Budget for Fiscal Year 2023-24 and the FY 2023- 24 Annual Salary Plan.
Interim City Manager advised that on June 19th, staff received direction to carry over the FY 2022-2023 Expenditure budget for FY 2023-2024 and using the ARPA funds He noted that once the new City Manager is here and has the ability to assess the organization and work with the Council budget amendments would occur that would finalize the budget as the City moves through the fiscal year dealing with the additional dollars for the general fund that the city has to spend this year. He noted that after the staff report was published a review of the numbers resulted in having to update some of those numbers. A supplemental staff report was submitted indicating the changes were only for the general fund. He showed a slide of the changes stating the end result was the revenue estimates were updated. He explained that staff reduced the revenue by some $600,000 and made some corresponding reductions in one-time expenditures that staff does not anticipate expending this year since it is a carry over budget. Mr.
Ready explained there would be a general fund surplus and the ARPA funds would go to pay the fire service contract and there would be an additional $4.1 million for expenditure during the fiscal year through budget amendments.
The City Interim City Manager confirmed for Council Member Kemps that this budget did not include capital infrastructure selections, or projects that was included in the original budget that referenced the Metro funding and roundabout and/or corridor project.
The City Council discussed at length the changes that were made. In response to questions from the Council, the interim City Manager advised that the reductions came from charges in services, revenue from the concessions, and receipts from other agencies, to be more conservative.
Brian Kristman addressed the City Council regarding the roundabout.
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The council discussed putting a timeline on receiving a budget and decided that the new City Manager could bring back a status update at the first meeting in September.
ACTION: Moved by Council Member Kemps, and seconded by Mayor Pro Tem Murdock, to adopt Resolution No. R23-20 adopting the budget for Fiscal Year 23-24 and a fiscal year 2023-24 Annual Salary plan including the revisions to the supplemental staff report general fund as presented by the Interim City Manager with a request to the incoming City Manager that a status update be provided to the City Council no later than September 1, 2023. The motion carried by the following vote:
AYES: Lozzi, Kemps, Murdock, Roos
NOES: None
ABSENT: McGowan
Mayor Pro Tem Murdock addressed the late correspondence about the survey results that included several items that were deceptively noted as City approved or are being considered that Council has not discussed, and she did not think it was appropriate to characterize it as such.
6. PARKING RESTRICTIONS AND SIGNAGE NEAR LA VENTA INN
Recommendation: Consider parking restrictions and signage in areas near La Venta Inn and provide direction to the Interim City Manager.
The Public Works Director provided a staff report advising that at the April 25th City council meeting the City Council referred the consideration of parking restrictions and signage in areas near LaVenta Inn to the Traffic Safety Committee. The Traffic Safety Committee had a preliminary discussion on May 3rd and scheduled a special meeting on May 17th, to discuss the recommendations and provide their recommendations to the City Council. Ms. Seims showed a slide and provided a lengthy explanation of the areas proposed for red curbs, explaining the areas that meet engineering standards and would not require a resolution. She showed a map of the recommendations by the City Council, the ad hoc committee, and the Traffic Safety Committee noting the existing red curbs which were depicted as dashes on the map.
The City Council asked various questions regarding the red curbs, the no parking areas and permit parking, to which Ms. Seims responded.
The following individuals addressed the City Council:
Brian Kristman
Jim Parker
Meg Walker
Michael McNamera
The Interim Chief of Police Hellinga was asked about enforcing permit parking for resident service workers. Interim Chief Hellinga explained that the parking enforcement officers are the ones that write the parking tickets, and they can usually tell if it is a service person who is parked. He indicated that if a ticket is issued erroneously, and a request for review, the department would review it on a case-by-case basis and usually they are dismissed.
The City Council deliberated extensively on the recommendations and determined that the southern, uphill side of Via Del Monte from 10 feet east of 789 Via Del Monte to Gatos Place; and the northern, downhill side of Via Del Monte from the western side of the parcel for 868 Via Somonte to the existing stop bar in between the parcels for 868 via Somonte and 804 Via Del Monte be no-parking zones with painted red curb and signage designating no parking and tow-away zone. The city council also determined to establish residential permit parking areas on the Northern, downhill side of Via Del Monte from the existing stop bar in between the parcels for 868 Via Somonte and 804 via del Monte to the eastern side of the parcel for 812 via Del Monte; both sides of Gatos Place from the cul-de-sac to Via Del Monte; both sides of Via Somonte from the western side of the parcel for 868 via Somonte to the intersection of Via Conejo; and both sides of Via Conejo from Via Del Monte to Via Somonte.
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The Public Works Director Seims confirmed her understanding of the council's direction and indicated she would bring a resolution back at the next city council meeting. When asked how long it would take to make these changes once the Resolution is adopted, Director Seims stated it would take a couple of months to order the signs and because the public works staff is assisting with landscaping.
NEW BUSINESS
7. LEAGUE OF CALIFORNIA CITIES PRESENTATION AND DISCUSSION Recommendation: That the City Council discuss and direct staff accordingly.
Jeff Kiernan, the Regional Public Affairs Manager for the League of California Cities, is urging the City Council to remain a member of Cal Cities. He presented a PowerPoint emphasizing the benetits of membership in Cal Cities. He noted Cal Cities is celebrating its 125" year anniversary serving cities in California. He noted there are 476 member cities. He explained the benefits, resources, and opportunities for participation in Cal Cities and the Los Angeles County Division events that took place in 2022-23. He discussed the fiscal benefits Palos Verdes Estates has received over the last few years based on the funding sources that Cal Cities has helped to negotiate on the members' behalf. The Lobbying team monitors about 60% of the bills that are introduced each legislative year and most of them are made better through amendments, without the members even knowing. He explained that is the reason Cal Cities has created Cal Cities Delivers which was included in the membership packet the city should have received at the beginning of the year. Mr. Kiernan advised the city council that Palos Verdes estates was one of the most engaged cities in the region except for the last few years. He hoped the city council would confirm its membership this evening and begin to work more closely.
The City Council asked questions of Mr. Kieran, specifically regarding what Cal Cities is doing to help cities with local control. Thereafter a lengthy discussion ensued between the City Council and Mr. Kernan regarding the local control issues and how Cal Cities participates in trying to assist cities on this issue and the difficulties in doing so in the current political climate. Discussion continued about the benefits cities receive as a result of Cal Cities negotiations go to all cities whether or not they are members.
Mr. Kiernan then addressed the resources and opportunities for the staff of cities noting the different committees and professional departments. He emphasized the participation of the incoming City Manager and Council Member McGowan when he was first elected, and staff members of the city who have used their resources and education opportunities.
Council Member Kemps expressed his concerns with membership in Cal Cities and his opinion that local control is the issue of the day for small cities and the city desperately needs support and collaboration on local housing issues and the reason two of the south bay cities dropped their membership is because they do not feel heard. To the degree that the city is spending resident money on memberships that does not support that the A brief discussion continued about Cal Cities original position on SB 9 and Mr. Kiernan responded that Cal Cities must figure out a way to work with the legislature and it is to the membership's benefit to be negotiating with the legislators rather than telling them no. He referenced the "Neighborhood Voices Petition" noting that their policy committee studied that initiative for over a year and it came up as a petition resolution at the annual conference this past year and the membership did not appreciate when someone tries to ram something through and using a petition resolution without any sort of analysis and without a full packet of information, when the people on the floor trying to figure out how to vote, they could not find the information they were looking for, so they chose not to vote for it.
Further discussion ensued regarding Cal Cities and the Los Angeles County Division. 5 CITY COUNCIL MINUTES
REGULAR MEETING OF JUNE 27, 2023
Mayor Roos expressed his opinion that if the city wants to affect change it has to participate and if you decide not to participate diminishes your influence. He felt the city's participation has been lacking and if the city wants effect change through Cal Cities, then the fault is the City's for not participating.
Council Member Murdock disagreed expressing her view that there is this bureaucracy that is just the way we've always done it and we are going to continue to always do it people call their assembly members and it is not working. After further in-depth discussion continued regarding the value of continuing membership or discontinuing it, the council concurred that without all five members present a motion would not pass.
The City Council recessed at 8:55 pm and reconvened at 9:02 pm.
8. CONSIDER AN AGREEMENT WITH FINLEY'S TREE AND LANDCARE, INC., DISCUSS • LANDSCAPE MAINTENANCE SERVICES, AND PROVIDE
DIRECTION TO THE INTERIM CITY MANAGER
Recommendation: That the City Council approve an Agreement with Finley's Tree and Landcare, Inc. (Finley's) for an amount not to exceed $120,000, discuss landscape maintenance services, and provide direction to the Interim City Manager.
The Interim City Manager provided a brief background noting the reason this contract was being brought to the City Council. The Public Works Director provided a brief staff report noting this contract was for a period of three months with an amount not to exceed $120,000 which includes two crews with three crewmembers in each crew. She explained that for larger areas, both crews could work in the same area and for smaller areas, the crews could be assigned to two different areas depending on the priorities.
She advised staff will be working in the areas where they usually work. Finley's would begin on the right of ways where the weeds have gotten so big, they are leaning in the roadway. She noted Finley's offered to have two additional crews for a total of four crews, however, that would require an eight-month contract which could be considered by an amendment if the City Council is interested. Ms. Seims advised staff is still waiting for quotes to add the preemergence and will amend the contract when those amounts are received, so that Finley's can get started right away.
The mayor noted that the Council's direction at the last meeting was to enter into an agreement with Stay Green and asked the city Manager to explain why that did not Mr. Ready advised that staff were waiting for Stay Green to give us an additional proposal for adding the pesticide which was received; however, in the meantime there was a dispute from the outstanding bills December to date based on the quality. Stay Green was hesitant to move forward until that issue was resolved. The City Attorney prepared a document releasing the City from any claims and the agreement is ready to go forward, however, staff is requesting direction on whether to move forward with the Stay Green contract because Stay Green has indicated the quality of their work would not be able to improve.
The City Council discussed the issue asking what Stay Green would do, and Director Seims responded that Stay Green would do the parks and the paths once the parks were completed. After further discussion regarding continuing on with Stay Green, the City Council directed staff to see if Stay Green was willing to continue under the provisions of the contract with five crew members, then the City would continue with Stay Green, in addition to Finley's and continue to find a company to supplement what Finley's will be doing and starting with possibly Stay Green and have staff do as much as they can.
ACTION: Moved by Council Member Kemps and seconded by Mayor Pro Tem Murdock to approve an Agreement with Finley's Tree and Landcare, Inc. for an amount not to exceed $120,000, and landscape maintenance and guidance be provided according to that contract in consultation with Staff. The motion unanimously carried by CITY COUNCIL MINUTES 6
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the following vote:
AYES: Lozzi, Kemps, Murdock, Roos
NOES: None
ABSENT: McGowan
9. CONSIDERATION OF AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH WALKER CONSULTANTS, INC. IN AN
AMOUNT OF $95,300 FOR AN INCREASED TOTAL NOT TO EXCEED
AMOUNT OF $157,300 AND ADOPT THE RESOLUTION NO. R23-21
WAIVING CERTAIN PURCHASING PROCEDURES AND INCREASING THE FISCAL YEAR 2022-23 APPROPRIATIONS BUDGET IN THE GENERAL FUND FOR CONTRACTUAL SERVICES IN THE AMOUNT OF $95,300.
Recommendation: That the City Council approve Amendment No. 2 to the Professional Services Agreement with Walker Consultants, Inc (Walker) in an amount of $95,300 for an increased total not to exceed amount of $157,300 and adopt Resolution no. 23-21 waiving certain purchasing procedures and increasing the Fiscal Year 2022-23 appropriations budget within the General Fund for Contractual Services in the amount of $95,300.
Public Works Director Seims provided the staff report regarding the City Council's direction to staff at the May 23d Council meeting to meet with Walker Consultants to obtain a proposal for an assessment of the City Hall buildings which includes City Hall and the building housing the Palos Verdes Homes Association and public works on the lower level and an ADA assessment from the parking into the buildings is included in the proposed scope of work, which is included in Amendment No. 2, as part of the staff report. Part of the assessment, Walker will be providing a cost estimate for the improvements that are identified in the assessment. Also, part of the staff report, there is a resolution for additional appropriation since this was not included in the fiscal year 2022-23 budget.
The City Council asked the representative from Walker Consultants clarifying questions and when a report would be expected. Ms. Seims responded that the report would be ready in September or October.
ACTION: Moved by Council Member Lozzi, and seconded by Council Member Kemps, to approve Amendment No. 2 to the Professional Services Agreement with Walker Consultants, Inc. in an amount of $95,300 for an increased total not to exceed amount of $157,300 and adopt Resolution no. 23-21 waiving certain purchasing procedures and increasing the Fiscal Year 2022-23 budget appropriations within the General Fund for Contractual Services in the amount of $95,300.
A friendly amendment was made by Mayor Pro Tem Murdock to increase the fiscal year 2022-23 budget and change the funding source from unappropriated Contractual Services to unappropriated Capital Projects, the amendment was accepted by the maker of the motion.
AYES: Lozzi, Kemps, Murdock, Roos
NOES: None
ABSENT: McGowan
10. CONSIDER THE ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALOS VERDES ESTATES, CALIFORNIA, APPROVING THE PLANS AND SPECIFICATIONS FOR THE FY 22/23 SLURRY SEAL PROJECT (CITY PROJECT NO. PW-693-22), APPROPRIATE UNENCUMBERED
CAPITAL IMPROVEMENT FUNDS (FUND 30) IN THE AMOUNT OF $177,873
TO THE PROJECT, AWARD OF CONSTRUCTION CONTRACT TO
AMERICAN ASPHALT SOUTH, INC., IN THE AMOUNT OF $531,990,
AUTHORIZE THE INTERIM CITY MANAGER TO EXECUTE ALL
CONSTRUCTION DOCUMENTS AND APPROVE ADDITIONAL
CONSTRUCTION EXPENDITURES NOT TO EXCEED $53,199, WHICH IS APPROXIMTELY 10% OF THE CONTRACT AMOUNT, AND AUTHORIZE THE
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INTERIM CITY CLERK TO RECORD THE NOTICE OF COMPLETION UPON
ACCEPTANCE OF THE WORK BY THE PUBLIC WORKS DIRECTOR
Recommendation: That the City Council Adopt Resolution No. R23-22 to (1) Approve the plans and specifications for the Fiscal Year (FY) 22/23 Slurry Seal Project (City Project No. PW-693-22); (2) Appropriate Capital Improvement tunds (Fund 30) in the amount of $177,873 to the Project and return the $150,000 of budgeted Transit Prop C funds to the Transit Prop C fund balance; (3) Award of a construction contract to American Asphalt South, Inc. in the amount of $531,990; (4) Authorize the Interim City Manager to execute all Contract Documents and approve additional construction expenditures not to exceed $53,199, which is approximately 10% of the contract amount; and (5) Authorize the Interim City Clerk to Record the Notice of Completion upon acceptance of the Work by the Public Works Director.
A brief staff report was provided by Public Works Director Seims, noting the city received four bids for the 22/23 Slurry Seal Project and the apparent low bidder was American Asphalt South. She advised the areas included in upper Malaga Cove area and the area around Lunada Bay Plaza since that area was not slurry sealed when the Lunada Bay area was done. The construction for the project is expected to be from August through October. In addition to the contract award and approval of the plans and specs, is approval of an additional construction expenditures not to exceed $53, 199 since the bid came in $27, 873 above the budgeted amount. She explained that there were transit Prop C funds that were allocated for use, however those funds were removed because the funds could not be used for the project location. Therefore, the Resolution moves the Prop C funds back to the Prop C fund balance and appropriate the $77,873 from the unencumbered capital improvements fund which is Fund 30.
The City Council asked various questions and confirmed that the area is lower Malaga Cove not upper. The council also reminded staff that Malaga Cove concerts are happening through September.
ACTION: Moved by Council Member Kemps, and seconded by Mayor Pro Tem Murdock, Adopt Resolution No. R23-22 to (1) Approve the plans and specifications for the Fiscal Year (FY) 22/23 Slurry Seal Project (City Project No. PW-693-22); (2) Appropriate Capital Improvement funds (Fund 30) in the amount of $177,873 to the Project and return the $150,000 of budgeted Transit Prop C funds to the Transit Prop C fund balance; (3) Award of a construction contract to American Asphalt South, Inc. in the amount of $531,990; (4) Authorize the Interim City Manager to execute all Contract Documents and approve additional construction expenditures not to exceed $53, 199, which is approximately 10% of the contract amount; and (5) Authorize the Interim City Clerk to Record the Notice of Completion upon acceptance of the Work by the Public Works Director.
AYES: Lozzi, Kemps, Murdock, Roos
ABSENT: McGowan
Thereafter a brief discussion ensued regarding the job this contractor did the last time they did the slurry seal.
MAYOR AND COUNCILMEMBER REPORTS
Council Member Lozzi attended the Doors Open Peninsula and spent time at the Hub at Malaga Cove School on Saturday.
She also attended the Lunada Bay concert and attended lunch with the PVRG group and provided information about the city.
She attended the South Bay COG meeting.
Council Member Lozzi wished everyone a Happy 4*h of July and thanked David Ready for his assistance over the past five months.
Council Member Kemps will be joining the Save Our Neighborhood group tomorrow in Torrance to discuss housing issues.
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Mayor Pro Tem Murdock attended the official launch of the new HELO pad located at RPV City Hall and explained what the HELO pad is. She also attended the Our Neighborhood fundraiser and will be subbing for the mayor at the areawide realtors' breakfast. Mayor Pro Tem Murdock noted the public comment period on the draft Tree Management Policy has closed and the Tree Ad Hoc Committee will be meeting to discuss feedback on the draft.
The LaVenta Inn Ad Hoc Committee has been reviewing proposals from noise consultants and has asked for minor edits.
The Revenue Ad Hoc Committee has been moving forward with the Council's direction to investigate paid parking and the committee will be talking to some vendors to see what a paid parking study might be. Information on that will be brought to the council for a discussion.
Mayor Roos attended the Sanitation District meeting and attended all the Doors Open Peninsula events that Council Members Lozzi and Kemps attended.
ADJOURNMENT
There being no further business to come before the City Council the meeting was adjourned at 9:49 pm.
RESPECTFULLY SUBMITTED,
Pass
Carol Cowley, Interim City Clerk
APPROVED:
Jim Roos, Mayor
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