CITY COUNCIL MINUTES 1
MARCH 22, 2022
MINUTES
CITY COUNCIL MEETING
MARCH 22, 2022
1. CALL MEETING TO ORDER
A regular meeting of the City Council of the City of Rolling Hills Estates was called to order by MAYOR ZERUNYAN at 7:00 pm in the Council Chambers of City Hall and remotely via teleconference, in accordance with Assembly Bill 361 (AB 361) and City Council Resolution Nos. 2487, 2490, 2491, 2493, 2498, 2499 and proposed Resolution 2503, due to the continuing state of emergency, including masking and social distancing directives as a result of the threat of the COVID-19 virus.
2. SALUTE TO THE FLAG
Led by Accountant Fernando Estrada.
3. ROLL CALL
City Council Members Present: Huff, Schmitz, Stegura, Zerunyan and Zuckerman City Council Members Absent: None
City Staff Present: City Manager Greg Grammer
City Attorney Don Davis
Assistant City Manager Alexa Davis
Administrative Services Director Mike Whitehead
Community Development & PW Director David Wahba
Planning Manager Jeannie Naughton
City Clerk Lauren Pettit
Accountant Fernando Estrada
4. CEREMONIAL
NONE.
5. CONSENT CALENDAR
The following routine matters will be acted upon by one vote to approve with the majority consent of the City Council. There will be no separate discussion of these items unless good cause is shown by a member prior to the roll call vote. (Items removed for individual consideration will be voted on separately.)
COUNCIL MEMBER STEGURA moved, seconded by MAYOR PRO TEM HUFF, TO APPROVE CONSENT CALENDAR ITEMS 5A-J AS FOLLOWS BY THE
FOLLOWING ROLL CALL VOTE:
AYES: Huff, Schmitz, Stegura, Zerunyan and Zuckerman
ABSENT: None
A. READING OF ORDINANCES AND RESOLUTIONS BY TITLE ONLY
APPROVED.
B. DEMANDS AND WARRANTS OF FEBRUARY & MARCH 2022
APPROVED WARRANTS 64850 THROUGH 64931 IN THE AMOUNT OF
$440,694.90; AND SUPPLEMENTAL WARRANTS 030122 THROUGH
030522; 64620V; 64876V; 64844V; IN THE AMOUNT OF $190,117.28; FOR A GRAND TOTAL AMOUNT OF $630,812.18 WITH PROPER AUDIT.
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C. REVENUE AND EXPENDITURE REPORT OF FEBRUARY 2022
RECEIVED AND FILED.
D. SCHEDULE OF INVESTMENTS REPORT OF FEBRUARY 2022
RECEIVED AND FILED.
E. CITY COUNCIL MINUTES OF FEBRUARY 22, 2022
REVIEWED AND APPROVED.
F. SPECIAL PARK & ACTIVITIES COMMISSION MINUTES OF FEBRUARY 15, 2022 RECEIVED AND FILED.
G. PLANNING COMMISSION MINUTES OF MARCH 7, 2022
RECEIVED AND FILED.
H. ENVIRONMENTAL ADVISORY COMMITTEE MINUTES OF MARCH 9, 2022 RECEIVED AND FILED.
I. ADOPTION OF RESOLUTION TO AUTHORIZE THE CONTINUED USE OF
TELECONFERENCE ACCESSIBILITY PROCEDURES TO CONDUCT PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361
ADOPTED RESOLUTION 2503 TO AUTHORIZE THE CITY MANAGER TO
CONTINUE TO IMPLEMENT AND UTILIZE TELECONFERENCE
ACCESSIBILITY PROCEDURES TO CONDUCT PUBLIC MEETINGS
PURSUANT TO ASSEMBLY BILL 361.
J. SOUTH BAY CITIES COUNCIL OF GOVERNMENTS BOARD MEETING HIGHLIGHTS OF FEBRUARY 24, 2022
RECEIVED AND FILED.
6. PUBLIC COMMENT / PUBLIC PRESENTATIONS
NONE.
7. PUBLIC HEARINGS
A. ADOPTION OF URGENCY ORDINANCE AND INTRODUCTION OF REGULAR ORDINANCE ADDING CHAPTER 16.06 (URBAN LOT SPLITS) AND CHAPTER
17.80 (URBAN DWELLING UNITS) TO THE MUNICIPAL CODE
Recommendation: That the City Council 1) open the Public Hearing on the Municipal Code amendments to implement SB-9 pursuant to Urgency Ordinance No. 738, as well as regular Ordinance No. 739 adopting the same amendments, and then continue the Public Hearing to the next regular meeting; 2) adopt Urgency Ordinance No. 738; and 3) introduce for first reading regular Ordinance No. 739.
City Attorney Davis provided a staff report (as per the agenda material).
COUNCIL MEMBER SCHMITZ moved, seconded by COUNCIL MEMBER ZUCKERMAN, TO OPEN THE PUBLIC HEARING.
MAYOR ZERUNYAN so ordered.
COUNCIL MEMBER STEGURA noted, unlike the recent Accessory Dwelling Unit legislation, the state Legislature has been silent on the role of Covenants, Conditions, and CITY COUNCIL MINUTES 3
MARCH 22, 2022
Restrictions (CC&Rs) with respect to SB-9. Community Development & Public Works Director Wahba estimated that close to half of the City may be part of an HOA with formal CC&Rs, in response to COUNCIL MEMBER STEGURA.
City Attorney Davis explained that any HOAs without formal CC&Rs could consider implementing them, in response to COUNCIL MEMBER STEGURA.
City Attorney Davis clarified that the City has not received any applications for lot splits or Urban Dwelling Units, in response to MAYOR PRO TEM HUFF.
Public comment was invited via email, via eComment on the City’s website, and during the live Zoom Webinar as noticed on the Agenda and on the City’s website and social media platforms.
No additional public testimony was received.
COUNCIL MEMBER SCHMITZ moved, seconded by MAYOR PRO TEM HUFF, TO CLOSE THE PUBLIC HEARING.
MAYOR ZERUNYAN so ordered.
COUNCIL MEMBER ZUCKERMAN moved, seconded by COUNCIL MEMBER SCHMITZ, TO APPROVE AS FOLLOWS BY THE FOLLOWING ROLL CALL VOTE:
ADOPT URGENCY ORDINANCE NO. 738.
AYES: Huff, Schmitz, Stegura, Zerunyan and Zuckerman
ABSENT: None
City Clerk Pettit read Ordinance No. 738 by title.
COUNCIL MEMBER STEGURA moved, seconded by COUNCIL MEMBER SCHMITZ, TO APPROVE AS FOLLOWS BY THE FOLLOWING ROLL CALL VOTE:
INTRODUCE FOR FIRST READING AND CONTINUE PUBLIC HEARING FOR ORDINANCE NO. 739 TO THE NEXT REGULAR MEETING.
AYES: Huff, Schmitz, Stegura, Zerunyan and Zuckerman
ABSENT: None
City Clerk Pettit read Ordinance No. 739 by title.
B. ORDINANCE NO. 740 AMENDING AND RESTATING MUNICIPAL CODE CHAPTER 8.20 (INTEGRATED WASTE MANAGEMENT)
Recommendation: That the City Council adopt Ordinance No. 740 as an Urgency Ordinance, becoming effective immediately to align with the requirements of SB 1383 “Reducing Short-Lived Climate Pollutants in California” Act.
Assistant City Manager Davis provided a staff report (as per the agenda material).
Public comment was invited via email, via eComment on the City’s website, and during the live Zoom Webinar as noticed on the Agenda and on the City’s website and social media platforms.
No additional public testimony was received.
COUNCIL MEMBER ZUCKERMAN moved, seconded by COUNCIL MEMBER SCHMITZ, TO APPROVE AS FOLLOWS BY THE FOLLOWING ROLL CALL VOTE:
ADOPT URGENCY ORDINANCE NO. 740, BECOMING EFFECTIVE
IMMEDIATELY TO ALIGN WITH THE REQUIREMENTS OF SB 1383
“REDUCING SHORT-LIVED CLIMATE POLLUTANTS IN CALIFORNIA” ACT.
AYES: Huff, Schmitz, Stegura, Zerunyan and Zuckerman
ABSENT: None
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City Clerk Pettit read Ordinance No. 740 by title.
8. NEW BUSINESS
A. UPDATED AGREEMENT BETWEEN TURBO DATA SYSTEMS AND THREE
PENINSULA CITIES (ROLLING HILLS, ROLLING HILLS ESTATES, AND RANCHO
PALOS VERDES) TO PROVIDE PARKING CITATION ADMINISTRATIVE SERVICES Recommendation: That the City Council authorize the Mayor execute the agreement, approved as to form by the City Attorney, between Turbo Data Systems and the three Peninsula cities Rolling Hills Estates, Rolling Hills, and Rancho Palos Verdes.
Accountant Estrada provided a staff report (as per the agenda material).
Accountant Estrada explained that all issues and complaints would be directly handled by Turbo Data, and the administration would be handled by Rancho Palos Verdes (RPV), in response to COUNCIL MEMBER ZUCKERMAN.
Administrative Services Director Whitehead explained that citations would be issued by the Los Angeles County Sheriff’s Department, then transferred into Turbo Data’s system and processed for payment by RPV, in response to COUNCIL MEMBER ZUCKERMAN.
Public comment was invited via email, via eComment on the City’s website, and during the live Zoom Webinar as noticed on the Agenda and on the City’s website and social media platforms.
No additional public testimony was received.
MAYOR PRO TEM HUFF moved, seconded by COUNCIL MEMBER SCHMITZ, TO APPROVE AS FOLLOWS BY THE FOLLOWING ROLL CALL VOTE:
AUTHORIZE THE MAYOR EXECUTE THE AGREEMENT, APPROVED AS
TO FORM BY THE CITY ATTORNEY, BETWEEN TURBO DATA SYSTEMS
AND THE THREE PENINSULA CITIES ROLLING HILLS ESTATES,
ROLLING HILLS, AND RANCHO PALOS VERDES.
AYES: Huff, Schmitz, Stegura, Zerunyan and Zuckerman
ABSENT: None
B. VERIZON AGREEMENT MODIFICATIONS AND RENEWAL
Recommendation: That the City Council authorize the City Manager execute the agreement, between the City of Rolling Hills Estates and Verizon for voice, Internet and related services in the amount of $2,328 plus taxes and surcharges per month.
Administrative Services Director Whitehead provided a staff report (as per the agenda material).
COUNCIL MEMBER STEGURA emphasized that that the City would be getting more speed for less money with the proposed agreement.
Public comment was invited via email, via eComment on the City’s website, and during the live Zoom Webinar as noticed on the Agenda and on the City’s website and social media platforms.
No public testimony was received.
COUNCIL MEMBER STEGURA moved, seconded by MAYOR PRO TEM HUFF, AS FOLLOWS BY THE FOLLOWING ROLL CALL VOTE:
AUTHORIZE THE CITY MANAGER EXECUTE THE AGREEMENT, BETWEEN
THE CITY OF ROLLING HILLS ESTATES AND VERIZON FOR VOICE, INTERNET AND RELATED SERVICES IN THE AMOUNT OF $2,328 PLUS TAXES AND SURCHARGES PER MONTH.
AYES: Huff, Schmitz, Stegura, Zerunyan and Zuckerman
ABSENT: None
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C. ENVIRONMENTAL ADVISORY COMMITTEE ACTION ITEM: CLEAN POWER
ALLIANCE DEFAULT RATE TIER SELECTION (NON-RESIDENTIAL)
Recommendation: The Environmental Advisory Committee recommends that the City Council make no changes to the existing default rate tier of 50% Clean Power for NonResidential accounts and direct staff to launch an educational campaign for the next year, promoting the benefits for Non-Residential accounts to opt-up from 50% Clean Power to 100% Green Power and report back to the EAC and City Council with the results of the respective campaign.
Planning Manager Naughton provided a staff report (as per the agenda material).
COUNCIL MEMBER STEGURA reported that there was a very good discussion among the EAC members during the meeting, and summarized the rationale behind both sides of the Committee’s vote.
Clean Power Alliance Chief Executive Officer Ted Bardacke made comments related to the proposed change, noting that most customers tend to keep the default rate set by City Councils.
MAYOR PRO TEM HUFF stated that she appreciates the Palos Verdes Peninsula Chamber of Commerce’s efforts to maintain current rates for local businesses who have suffered during the pandemic, and supports the recommendation to maintain the 50% default rate tier for non-residential customers.
Mr. Bardacke discussed participation rates in cities among the various tiers, in response to COUNCIL MEMBER ZUCKERMAN.
COUNCIL MEMBER ZUCKERMAN summarized the many environmental changes occurring globally, noting that he believes this proposed change from 50% to 100% Green Power for non-residential customers would be the least expensive and most effective measure that the City will ever be able to take to improve air quality and reduce greenhouse gas emissions.
MAYOR ZERUNYAN stated that businesses should be able to make their own choices, and can choose to opt-in if the current rate tier of 50% is maintained.
COUNCIL MEMBER STEGURA noted that if the change was made to 100% Green Power, business can choose to opt-out.
Public comment was invited via email, via eComment on the City’s website, and during the live Zoom Webinar as noticed on the Agenda and on the City’s website and social media platforms.
Public testimony was received from Eileen Hupp, President and CEO of the Palos Verdes Peninsula Chamber of Commerce, in support of the EAC recommendation.
COUNCIL MEMBER ZUCKERMAN stated that he feels people are not as likely to opt-in if the 50% default rate tier was maintained.
COUNCIL MEMBER SCHMITZ stated that she supports the EAC recommendation to maintain current rates and supports educating businesses so they can make the best choice for themselves.
COUNCIL MEMBER STEGURA stated that she feels moving to the 100% default rate tier shows leadership, noting that the City can continue to educate, and business would still have a choice to opt-out should they choose.
COUNCIL MEMBER SCHMITZ moved, seconded by MAYOR ZERUNYAN, AS FOLLOWS BY THE FOLLOWING ROLL CALL VOTE:
MAINTAIN THE EXISTING DEFAULT RATE TIER OF 50% CLEAN POWER
FOR NON-RESIDENTIAL ACCOUNTS AND DIRECT STAFF TO LAUNCH
AN EDUCATIONAL CAMPAIGN FOR THE NEXT YEAR, PROMOTING THE BENEFITS FOR NON-RESIDENTIAL ACCOUNTS TO OPT-UP FROM 50% CITY COUNCIL MINUTES 6
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CLEAN POWER TO 100% GREEN POWER AND REPORT BACK TO THE
EAC AND CITY COUNCIL WITH THE RESULTS OF THE RESPECTIVE CAMPAIGN.
AYES: Schmitz, Zerunyan
NOES: Huff, Stegura, and Zuckerman
ABSENT: None
The motion failed.
COUNCIL MEMBER ZUCKERMAN moved, seconded by COUNCIL MEMBER STEGURA, AS FOLLOWS BY THE FOLLOWING ROLL CALL VOTE:
CHANGE THE DEFAULT RATE TIER TO 100% GREEN POWER FOR NONRESIDENTIAL ACCOUNTS, WITH THE OPTION TO OPT-OUT.
AYES: Huff, Stegura, and Zuckerman
NOES: Schmitz, Zerunyan
ABSENT: None
The motion carried.
9. OLD BUSINESS
A. UPDATE ON LOS ANGELES COUNTY SAFER AT HOME ORDER AND STATUS OF
CITY EVENTS (VERBAL REPORT)
City Manager Grammer reported that COVID-19 metrics in Los Angeles County continue to decline. He noted that the daily positivity rate is 0.6% county-wide, masking requirements have been lifted in most places other than public transportation and medical-settings, and beginning April 1 the County will align with the State, lifting vaccine and test-verification requirements for mega-indoor events.
10. CITY ATTORNEY ITEMS
NONE.
11. CITY COUNCIL/REGIONAL COMMITTEE REPORTS
MAYOR PRO TEM HUFF attended the Cal Cities State Board of Directors meeting at the end of February in Walnut Creek, CA.
MAYOR PRO TEM HUFF also attended the California Contract Cities Association’s (CCCA) Legislative Tour in Sacramento earlier this month with MAYOR ZERUNYAN, COUNCIL MEMBER STEGURA, City Manager Grammer and Planning Manager Naughton.
MAYOR PRO TEM HUFF also noted that this Thursday, March 24 is the South Bay Cities Council of Governments’ (SBCCOG) General Assembly in Carson.
12. MAYOR AND COUNCIL ITEMS
A. REQUEST TO ATTEND SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS' (SCAG) ANNUAL GENERAL ASSEMBLY MAY 5, 2022
AUTHORIZED ALL INTERESTED CITY COUNCIL MEMBERS TO ATTEND
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS' (SCAG)
ANNUAL GENERAL ASSEMBLY MAY 5, 2022.
B. AUTHORIZATION TO ATTEND CALIFORNIA CONTRACT CITIES ASSOCIATION'S (CCCA) ANNUAL MUNICIPAL SEMINAR MAY 12-15, 2022
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AUTHORIZED ALL INTERESTED CITY COUNCIL MEMBERS TO ATTEND
CALIFORNIA CONTRACT CITIES ASSOCIATION'S (CCCA) ANNUAL
MUNICIPAL SEMINAR MAY 12-15, 2022.
13. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
Significant exposure to litigation: one potential case
NO REPORTABLE ACTION
14. ADJOURNMENT
At 8:32 pm MAYOR ZERUNYAN adjourned the City Council meeting in memory of Rolling Hills Estates resident Edmond J. Russ. The meeting was adjourned to the next regular City Council meeting on Tuesday, April 12, 2022, at 7:00 pm for the purpose of a Regular meeting.
Submitted by, Approved by,
Lauren Pettit Frank V. Zerunyan
City Clerk Mayor