CITY COUNCIL MINUTES 1
OCTOBER 11, 2022
MINUTES
CITY COUNCIL MEETING
OCTOBER 11, 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 7:02 p.m. in the Council Chambers of City Hall and remotely via teleconference, in accordance with Assembly Bill 361 (AB 361), 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 two unnamed members of the public.
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
City Clerk Lauren Pettit
Management Analyst Jessica Slawson
**ITEM TAKEN OUT OF ORDER**
13. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
Significant exposure to litigation: one potential case
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9(d)(4)
Initiation of litigation: one potential case
City Attorney Davis reported out the following actions from the closed session:
CITY COUNCIL DIRECTED THE CITY ATTORNEY’S OFFICE TO ISSUE A
NOTICE OF VIOLATION TO STOLZ MANAGEMENT AND THE
PROMENADE, LLC, STATING THAT THEY ARE IN VIOLATION OF THEIR
ENTITLEMENTS REQUIRING THEM TO MAINTAIN A SHARED PARKING
AGREEMENT WITH THE NORRIS THEATER IN FULL FORCE AND
EFFECT AT ALL TIMES, ORDERING THEM TO CEASE THE CONDUCT
PROHIBITING PARKING OF THEATER EVENTS AS REQUIRED BY THAT
AGREEMENT, AND REQUIRING THEM TO COMPLY WITHIN A VERY
SHORT PERIOD OF TIME. IF STOLZ AND THE PROMENADE, LLC DO NOT COMPLY WITH THE CITY’S NOTICE, DIRECTED THE CITY ATTORNEY’S
OFFICE TO FILE A CIVIL ACTION IN COURT TO COMPEL THEM BY OBTAINING A COURT ORDER.
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OCTOBER 11, 2022
**ITEM TAKEN OUT OF ORDER**
6. PUBLIC COMMENT / PUBLIC PRESENTATIONS
Public comment related to the Promenade and the Palos Verdes Performing Arts (PVPA) was received by: Claire Kresser, Paige Gormley, Grace Moulton, Jen Clinton, Gabi Ryan, Brenda Bilstad, Damon Aldrich and Christina Stockhausen.
4. CEREMONIAL
A. PROCLAMATION: DECLARING OCTOBER 2022 "BREAST CANCER
AWARENESS MONTH"
MAYOR ZERUNYAN declared October 2022 “Breast Cancer Awareness Month.”
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 will be considered under New Business.) COUNCIL MEMBER STEGURA moved, seconded by MAYOR PRO TEM HUFF, TO APPROVE CONSENT CALENDAR ITEMS 5A-E 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 OCTOBER 2022
APPROVED WARRANTS 65576 THROUGH 65599 IN THE AMOUNT OF
$341,909.79 AND SUPPLEMENTAL WARRANTS 090622 THROUGH
090722; IN THE AMOUNT OF $85,710.51 FOR A GRAND TOTAL AMOUNT OF $427,620.30 WITH PROPER AUDIT.
C. CITY COUNCIL MINUTES OF SEPTEMBER 27, 2022
REVIEWED AND APPROVED.
D. PARK & ACTIVITIES COMMISSION SPECIAL MINUTES OF SEPTEMBER 6, 2022 RECEIVED AND FILED.
E. PARK & ACTIVITIES COMMISSION ADJOURNED MINUTES OF SEPTEMBER 19, 2022
RECEIVED AND FILED.
7. PUBLIC HEARINGS
None.
8. NEW BUSINESS
A. REQUEST TO AWARD A PUBLIC WORKS CONTRACT TO KORMEX
CONSTRUCTION, INC. FOR THE ERNIE HOWLETT PARK PERIMETER PATHWAY
PROJECT
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OCTOBER 11, 2022
Recommendation: That City Council 1.) Accept the bid from Kormex Construction, Inc. in the amount of $319,650, plus a 15% contingency ($47,947) for a grand total of $367,597; 2.) Approve the Public Works contract between the City of Rolling Hills Estates and Kormex Construction, Inc. to the satisfaction of the City Attorney; and 3.) Authorize a Fiscal Year 2022-23 budget adjustment in the amount of $177,577 from Park Facilities Fees toward the project.
Management Analyst Slawson provided a staff report (as per the agenda material).
Management Analyst Slawson explained that the project was approved in 2012 and the grant was awarded to the City in 2013-14, but due to transitions in staffing and the COVID-19 pandemic, the project was put on hold. She further explained that staff was able to maintain the grant during that time, in response to MAYOR PRO TEM HUFF.
Management Analyst Slawson explained there will be wayfinding signage throughout the perimeter pathway, in response to COUNCIL MEMBER STEGURA. COUNCIL MEMBER SCHMITZ further explained that the exercise equipment locations were chosen to encourage walking between stations, while also not interfering with any ball play or sports happening throughout the park.
Public comment was invited in-person in the Council Chambers, via email, via eComment, 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 SCHMITZ moved, seconded by MAYOR PRO TEM HUFF, TO APPROVE AS FOLLOWS BY THE FOLLOWING ROLL CALL VOTE:
1.) ACCEPT THE BID FROM KORMEX CONSTRUCTION, INC. IN THE AMOUNT OF $319,650, PLUS A 15% CONTINGENCY ($47,947) FOR A GRAND TOTAL OF $367,597; 2.) APPROVE THE PUBLIC WORKS
CONTRACT BETWEEN THE CITY OF ROLLING HILLS ESTATES AND
KORMEX CONSTRUCTION, INC. TO THE SATISFACTION OF THE CITY ATTORNEY; AND 3.) AUTHORIZE A FISCAL YEAR 2022-23 BUDGET ADJUSTMENT IN THE AMOUNT OF $177,577 FROM PARK FACILITIES FEES TOWARD THE PROJECT.
AYES: Huff, Schmitz, Stegura, Zerunyan and Zuckerman
ABSENT: None
B. SECOND AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT Recommendation: That the City Council approve the Second Amendment to City Manager Employment Agreement and authorize its execution by the Mayor.
City Attorney Davis provided a staff report (as per the agenda material).
MAYOR ZERUNYAN praised City Manager Grammer for his leadership and thanked him for his service to the City Council and the community.
Public comment was invited in-person in the Council Chambers, via email, via eComment, 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 SCHMITZ moved, seconded by COUNCIL MEMBER STEGURA, TO APPROVE AS FOLLOWS BY THE FOLLOWING ROLL CALL VOTE:
APPROVE THE SECOND AMENDMENT TO CITY MANAGER
EMPLOYMENT AGREEMENT AND AUTHORIZE ITS EXECUTION BY THE MAYOR.
AYES: Huff, Schmitz, Stegura, Zerunyan and Zuckerman
ABSENT: None
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OCTOBER 11, 2022
9. OLD BUSINESS
A. SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 744 AMENDING THE MUNICIPAL CODE REGARDING: (1) AN UPDATE TO CHAPTER
17.76 (DENSITY BONUS AND OTHER INCENTIVES), (2) AMENDMENTS TO CHAPTER 17.30 (COMMERCIAL-GENERAL DISTRICT) TO PROVIDE FOR BONUS LEVEL DEVELOPMENT, AND (3) A NEW CHAPTER 17.82 (DEVELOPMENT AGREEMENTS); AND ADOPTION OF RESOLUTION NO. 2531 APPROVING A LIST
OF COMMUNITY AMENITIES AND BENEFITS THAT MAY BE PROVIDED FOR BONUS LEVEL DEVELOPMENT UNDER MUNICIPAL CODE CHAPTER 17.30 (COMMERCIAL-GENERAL DISTRICT)
Recommendation: That the City Council (1) adopt Ordinance No. 744; and (2) adopt Resolution No. 2531 establishing a list of approved community amenities and benefits for consideration in exchange for bonus level development under RHEMC Chapter
17.30, as amended by Ordinance No. 744.
City Attorney Davis provided a staff report (as per the agenda material).
COUNCIL MEMBER ZUCKERMAN stated that he feels including art in the Resolution is problematic and subjective. Discussion ensued about the inclusion of art.
Public comment was invited in-person in the Council Chambers, via email, via eComment, 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 SCHMITZ moved, seconded by MAYOR PRO TEM HUFF, TO APPROVE AS FOLLOWS BY THE FOLLOWING ROLL CALL VOTE:
ADOPT ORDINANCE NO. 744.
AYES: Huff, Schmitz, Stegura, Zerunyan and Zuckerman
ABSENT: None
MAYOR PRO TEM HUFF moved, seconded by COUNCIL MEMBER SCHMITZ, TO APPROVE AS FOLLOWS BY THE FOLLOWING ROLL CALL VOTE:
ADOPT RESOLUTION NO. 2531 ESTABLISHING A LIST OF APPROVED
COMMUNITY AMENITIES AND BENEFITS FOR CONSIDERATION IN
EXCHANGE FOR BONUS LEVEL DEVELOPMENT UNDER RHEMC
CHAPTER 17.30, AS AMENDED BY ORDINANCE NO. 744.
AYES: Huff, Schmitz, Stegura, Zerunyan and Zuckerman
ABSENT: None
B. UPDATE ON LOS ANGELES COUNTY SAFER AT HOME ORDER (VERBAL
REPORT)
City Manager Grammer reported that Los Angeles County continues to be in the low transmission level. He added that the updated booster shots are available for those 12 years and older.
10. CITY ATTORNEY ITEMS
None.
11. CITY COUNCIL/REGIONAL COMMITTEE REPORTS
MAYOR PRO TEM HUFF attended a Holiday Parade Subcommittee meeting earlier that evening with COUNCIL MEMBER SCHMITZ, and it was decided that the annual Holiday Parade of Lights’ Hometown Grand Marshal will be COUNCIL MEMBER ZUCKERMAN. The parade will be held on December 3 at 6:00 P.M.
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OCTOBER 11, 2022
MAYOR PRO TEM HUFF also reported that the Tracy Austin Tennis Tournament will be held this weekend at the Jack Kramer Club and at Ernie Howlett Park.
MAYOR PRO TEM HUFF also reported that the Neighborhood Watch meeting would be held next Tuesday, October 18 at 6:00 P.M. via Zoom.
Lastly, MAYOR PRO TEM HUFF attended the Oktoberfest event held by the Palos Verdes Library District on October 1.
COUNCIL MEMBER STEVE ZUCKERMAN thanked the Holiday Parade Subcommittee for the honor of being named the Parade Hometown Grand Marshal.
12. MAYOR AND COUNCIL ITEMS
COUNCIL MEMBER STEGURA noted that yesterday was National Indigenous Peoples Day, and acknowledged that the City of Rolling Hills Estates is on Gabrielino-Tongva land, as noted in the General Plan.
14. ADJOURNMENT
At 8:17 p.m. MAYOR ZERUNYAN adjourned the City Council meeting in memory of Council Member Stegura’s niece, Oklahoma City Sgt. Meagan Burke. The meeting was adjourned to Tuesday, October 25, 2022, at 7:00 p.m. for the purpose of a Regular Meeting.
Submitted by, Approved by,
Lauren Pettit Frank V. Zerunyan
City Clerk Mayor