DINOS, VERDES
INCORPORATED 1939
CALIFORNIA
MINUTES FOR THE APRIL 9, 2024
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF PALOS VERDES ESTATES, CALIFORNIA
CALL TO ORDER AT 6:32 P.M.
PLEDGE OF ALLEGIANCE The pledge was led by Mayor Murdock.
ROLL CALL
PRESENT: Mayor Murdock, Mayor Pro Tem Lozzi, and Council Members Roos, Kemps, McGowan
ALSO PRESENT: Acting City Manager Kallman, Assistant City Attorney Martz, Treasurer Greenberg, Interim Chief Dreiling, Public Works Director Seims, Community Development Director Brady, and Senior Accountant Hayes.
APPROVAL OF AGENDA
ACTION: Moved by Council Member Kemps to approve the Agenda. Seconded by Council Member Roos.
AYES: Murdock, Lozzi, Roos, Kemps, McGowan
NOES: None.
MAYOR'S REPORT - MATTERS OF COMMUNITY INTEREST
The Mayor reported out on the Athens community meeting held the previous evening and reminded residents about the Athens compost event behind city hall on Saturday, April 20.
CITY MANAGER'S REPORT
Acting City Manager provided an update on staffing efforts around the City Clerk, Chief of Police, and the Finance Director. Also recruiting for an HR Analyst and will be starting recruitment for a Management Analyst. He provided an update regarding the 1 water issue in the road by the Triangle at the city entrance and anticipated construction to mitigate the problem.
Interim Chief Dreiling had no updates to report.
COMMUNICATIONS FROM THE PUBLIC
Council was addressed by Sean Bennett, Karen Logan, Shiela-Anne Teisher, John Credell, Sally Larson and Kirby Larsen.
CONSENT AGENDA (ITEMS 1-6)
Items 3, 5, and 6 were pulled.
ACTION: Moved by Council Member Kemps to approve Consent Agenda items 1, 2, and 4. Seconded by Council Member Roos.
AYES: Murdock, Lozzi, Roos, Kemps, McGowan
NOES: None.
1. APPROVAL OF WARRANTS.
Reviewed and Approved Warrant Register of April 9, 2024.
RECEIVE AND FILE FINANCIAL STATEMENT FOR THE MONTH ENDING FEBRUARY 29, 2024.
Received and Filed financial statement for the month ending February 29, 2024.
DONATION FROM BENNETT LANDSCAPE.
Accepted the unsolicited donation of the procurement, delivery, and planting of. a peruvian pepper tree, which has an estimated value of $331,500.00, from vendor Bennett Landscape.
PULLED ITEMS FROM CONSENT AGENDA
CONSIDER APPROVAL OF A LICENSE AGREEMENT FOR
NONSTANDARD ENCROACHMENTS IN THE CITY RIGHT-OF-WAY FOR
2000 NOYA PLACE AND AUTHORIZE THE ACTING CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY.
Council asked clarifying questions. Public Works Director provided additional information. Council discussed the item.
2 There was no public comment.
ACTION: Moved by Mayor Pro Tem Lozzi to approve Item Number 3. Seconded by Council Member Kemps.
AYES: Murdock, Lozzi, Roos, Kemps, McGowan
NOES: None.
ADOPT A RESOLUTION TO APPROVE THE PLANS AND
SPECIFICATIONS FOR THE FISCAL YEAR 2023-2024 ANNUAL
MISCELLANEOUS INFRASTRUCTURE REPAIRS PROJECT (PW-700-23);
AWARD A CONSTRUCTION CONTRACT TO TVR CONSTRUCTION
ENGINEERING LLC IN THE AMOUNT OF $99,725.00; APPROVE
ADDITIONAL CONSTRUCTION EXPENDITURES NOT TO EXCEED 20% OF THE CONSTRUCTION CONTRACT AMOUNT OR $20,000; AUTHORIZE
THE ACTING CITY MANAGER TO EXECUTE ALL CONTRACT
DOCUMENTS; AUTHORIZE THE PUBLIC WORKS DIRECTOR TO RECORD
THE NOTICE OF COMPLETION UPON ACCEPTANCE OF THE WORK BY THE PUBLIC WORKS DIRECTOR; AND AUTHORIZE THE CITY CLERK TO
RECORD THE NOTICE OF COMPLETION UPON ACCEPTANCE OF THE
WORK BY THE PUBLIC WORKS DIRECTOR
Council asked for clarification regarding who is responsible for fixing sidewalks.
Staff and the Assistant City Attorney reported that while State law states the adjacent property owner is responsible, the State law has no enforcement details so it is common for cities to do the repairs unless they have something in their Municipal Code. Council asked additional clarifying questions.
There was no public comment.
ACTION: Moved by Mayor Murdock and seconded by Mayor Pro Tem Lozzi that the City Council adopt a Resolution to:
1. Approve the plans and specifications for the Fiscal Year (FY) 2023-2024 Annual Miscellaneous Infrastructure Repairs Project (City Project No.
PW-700-23).
2. Award a construction contract to TVR Construction Engineering LLC in the amount of $99,725.00.
3. Approve additional construction expenditures not to exceed 20% of the construction contract amount or $20,000.
4. Authorize the Acting City Manager to Execute all Contract Documents.
5. Authorize the Public Works Director to Record the Notice of Completion upon Acceptance of the Work by the Public Works Director; and
6. Authorize the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the Public Works Director.
3 AYES: Murdock, Lozzi, Roos, Kemps, McGowan
NOES: None.
ADOPTION AND SECOND READING OF CODE AMENDMENT
REGARDING APPOINTMENT OF THE CHIEF OF POLICE.
Council discussed the item.
Council was addressed by Karen Logan.
ACTION: Moved by Council Member Roos that Council adopt Ordinance No. 024- 001. Seconded by Council Member Kemps.
AYES: Murdock, , Roos, Kemps
NOES: Lozzi, McGowan
OLD BUSINESS
APPROVE AMENDMENT NO. 1 TO THE AGREEMENT WITH BAY AREA
TREE SPECIALISTS TO MODIFY THE TERMS, EXPIRATION, AND COST
OF THE FIRE SAFETY WEED ABATEMENT SERVICES AND AUTHORIZE
THE ACTING CITY MANAGER TO EXECUTE THE AMENDED
AGREEMENT.
Staff provided a report on the proposed changes to the BATS contract and the two options available to the City. Council asked clarifying questions and Staff responded. Staff called attention to a correction in the original staff report that the amendment to do only Zone One was effective February 7, 2024.
Council discussed overlaps in contracts with Bennett Landscaping and BATS and the need to revisit that.
A discussion ensued regarding which portions of Zone 1 cuttings can be hauled out. Council directed Staff to amend the Council-selected three-year contract by stating that in areas with >20% grade, chipping of invasive plants can be spread in the location from which they were cleared by BATS but other clippings need to continue to be hauled.
There was no public comment.
ACTION: Moved by Council Member Kemps to approve Amendment No. 1 to the greement with Bay Area Iree Specialists to modity the terms, expiration, an ost of the fire safety weed abatement services and to authorize the Acting Cit Manager to execute the Amended Agreement with the intent of selecting a three-year term subject to the following amendment by the City Attorney - an added provision to the Amendment discussed tonight which will read any 4 invasive plants removed by BATS in an area with a greater than 20% average grade shall be chipped and spread in the location in which those invasive plants were found. Any minor technical edits to the language shall be delegated to the City Manager, Public Works Director, and City Attorney to finalize with BATS. All other amendments and language in Item 7 will remain the same. It was clarified this ability to spread is only allowed in areas with greater than 20% grade.
Seconded by Council Member McGowan.
8. RECEIVE AN UPDATE ON THE TREE INVENTORY PROJECT AND
PROVIDE DIRECTION TO STAFF AND PROVIDE DIRECTION TO STAFF.
Public Works Director Seims provided a report regarding the need to do additional inventorying around the PVGC and Malaga Dunes, and presented funding and timing options. Council asked clarifying questions.
Council was addressed by Susie Rossick.
ACTION: Moved by Mayor Pro Tem Lozzi that the City Council adopt a resolution to appropriate unencumbered General Funds Fund 01 in an amount $13,500 for the inventory of up to 3,000 more trees at a unit cost of $4.50 per tree.
Seconded by Council Member Kemps.
AYES: Lozzi, Roos, Kemps, McGowan
NOES: Murdock
CONSIDER APPROVAL OF AN INTERIM CITY MANAGER EMPLOYMENT
AGREEMENT
Assistant City Attorney Martz provided a staff report.
ACTION: Moved by Council Member Kemps and Seconded by Mayor Pro Tem Lozzi to authorize the Mayor to sign an employment agreement with Interim City Manager Kerry Kallman.
AYES: Murdock, Lozzi, Roos, Kemps, McGowan
NOES: None.
NEW BUSINESS
10. REPORT ON EMERGENCY EXPENDITURE FOR PALOS VERDES DRIVE WEST EXCESS WATER FLOW CAUSING SIGNIFICANT STREET DAMAGE.
ANTICIPATED EXPENDITURE NOT TO EXCEED $100,000.
Interim City Manager Kallman provided a staff report. Public Works Director Seims provided information regarding the source of the water (a Frontier 5 underground vault) and remediation efforts to date and planned near term.
Council asked clarifying questions and discussed the matter and options.
Kallman reiterated the emergency was declared to free up funding to do the remediation work.
11. RATIFICATION AND DECLARATION OF AN LOCAL EMERGENCY
RELATED TO EXCESS WATERFLOW AND SIGNIFICANT ROAD DAMAGE The Assistant City Attorney discussed that pursuant to Government Code 54954.2 this is an emergency addition to the agenda of this evening and that Council must vote by a 2/3 majority to make two determinations: that there is an immediate need to take action and that the need arose after the posting of the agenda. The matter is placed on the agenda as Item No. 11 Ratification and Declaration of an Local Emergency Related to Excess Waterflow and Significant Road Damage with two attachments. Attachment A Proclamation of Local Emergency by the City Manager. Attachment B Draft Resolution R24-18.
Items were provided to council members and placed in the binder for public viewing.
There was no public comment
ACTION: Moved by Mayor Pro Tem Lozzi and Seconded by Mayor Murdock to place this item as an emergency item on the agenda based on the two findings that the there is an immediate need to take action and the need arose after the posting of the agenda.
AYES: Murdock, Lozzi, Roos, Kemps, McGowan
NOES: None.
ACTION: Moved by Mayor Murdock and seconded by Mayor Pro Tem Lozzi to ratify the Local Emergency Declaration and to approve the resolution that was read into the record.
AYES: Murdock, Lozzi, Roos, Kemps, McGowan
NOES: None.
MAYOR AND COUNCILMEMBER REPORTS
Council Member Roos asked for an update on the dog that was found.
Council Member Kemps shared that he and Mayor Murdock met with Ted Lieu's office regarding potential funding support for a number of city projects.
Mayor Pro Tem Lozzi shared she and Council Member Roos have a meeting coming up with PVBAC to discuss next year's budget.
TENTATIVE FUTURE AGENDA ITEMS
6 Council Member Roos when his right-of-way item would come back to Council.
Council Member Kemps asked for something to be done about the technology in Council Chambers. It was clarified that work is scheduled in next year's CIP budget.
ADJOURNMENT TO TUESDAY, APRIL 23, 2024, AT 6:30 P.M.
There being no other business the to conduct, the Mayor adjourned the meeting at 9:03 P.M.
Respectfully submitted:
APPROVED:
Quor Murdock
Dawn Murdock, Mayor