CITY COUNCIL MINUTES 1
NOVEMBER 8, 2022
MINUTES
CITY COUNCIL MEETING
NOVEMBER 8, 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 7:08 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 local students from Rolling Robots.
Mayor Zerunyan presented certificates of recognition to the Rolling Robots teams for winning the 2022 VEX Robotics World Championship Middle School Division.
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
Public Works Director David Wahba
Community Development Director Jeannie Naughton
City Clerk Lauren Pettit
Management Analyst Jessica Slawson
Associate Planner Dean Flores
4. CEREMONIAL
A. PROCLAMATION: DECLARING NOVEMBER 26, 2022 AS "SMALL BUSINESS SATURDAY"
MAYOR ZERUNYAN presented the Proclamation to Eileen Hupp, President of the Palos Verdes Peninsula Chamber of Commerce, and declared November 26, 2022 as “Small Business Saturday.”
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 SCHMITZ moved, seconded by MAYOR PRO TEM HUFF, TO APPROVE CONSENT CALENDAR ITEMS 5A-K 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. CITY COUNCIL MINUTES OF OCTOBER 11, 2022
REVIEWED AND APPROVED.
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NOVEMBER 8, 2022
C. DEMANDS AND WARRANTS OF OCTOBER 2022
APPROVED WARRANTS 65600 THROUGH 65683 IN THE AMOUNT OF
$437,808.30; AND SUPPLEMENTAL WARRANTS 100122 THROUGH
100522; IN THE AMOUNT OF $198,962.07 FOR A GRAND TOTAL AMOUNT OF $636,770.37 WITH PROPER AUDIT.
D. SCHEDULE OF INVESTMENTS REPORT OF SEPTEMBER 2022
RECEIVED AND FILED.
E. REVENUE AND EXPENDITURE REPORT OF SEPTEMBER 2022
RECEIVED AND FILED.
F. PLANNING COMMISSION MINUTES OF OCTOBER 3, 2022
RECEIVED AND FILED.
G. PARK AND ACTIVITIES COMMISSION MINUTES OF OCTOBER 17, 2022 RECEIVED AND FILED.
H. SOUTH BAY CITIES COUNCIL OF GOVERNMENTS BOARD MEETING HIGHLIGHTS OF OCTOBER 27, 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 253 TO AUTHORIZE THE CITY MANAGER TO
CONTINUE TO IMPLEMENT AND UTILIZE TELECONFERENCE
ACCESSIBILITY PROCEDURES TO CONDUCT PUBLIC MEETINGS
PURSUANT TO ASSEMBLY BILL 361.
J. 2022 HILLS ARE ALIVE RACE DEBRIEF
RECEIVED AND FILED.
K. 2022 CITY CELEBRATION DEBRIEFING
RECEIVED AND FILED.
6. PUBLIC COMMENT / PUBLIC PRESENTATIONS
A. WASTE MANAGEMENT "RECYCLING HERO" DRAWING FOR ONE YEAR OF FREE RESIDENTIAL AND COMMERCIAL REFUSE SERVICE - THIRD QUARTER 2022 RESIDENTIAL WINNER: 38 ROLLINGWOOD DRIVE
COMMERCIAL WINNER: MERRILL GARDENS, 627 SILVER SPUR ROAD B. BRANDY VILLANUEVA, DISASTER MANAGEMENT AREA COORDINATOR, AREA G Coordinator Villanueva introduced herself, and provided some of her background and experience related to disaster management.
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NOVEMBER 8, 2022
7. PUBLIC HEARINGS
A. APPEAL OF PLANNING COMMISSION DECISION FOR PLANNING APPLICATION NO. 220241
APPLICANT: DAVE & HELEN SHAW
LOCATION: 19 BUCKSKIN LANE
Recommendation: That the City Council 1. Open the Public Hearing; 2. Take Public Testimony; 3. Discuss the issues; 4. Close the Public Hearing; and 5. Approve Resolution No. 2532 upholding the Planning Commission’s decision to deny both Variance Application No. V-220243 and Neighborhood Compatibility Application No.
NC-220242, requiring the applicant to demolish or relocate the unpermitted accessory structures to comply with code, and determining the disapproval of the applications to be exempt from the California Environmental Quality Act under CEQA Guidelines Section 15270(a).
**MAYOR ZERUNYAN recused himself and left the Chambers at 7:25 pm.
Associate Planner Flores provided a staff report (as per the agenda material).
Director Wahba explained that the horse washing slab was not considered by the Planning Commission, but that staff could look into whether or not proper drainage was added, in response to COUNCIL MEMBER SCHMITZ.
Public Works Director Wahba clarified that the applicant owns both properties, 19 Buckskin Lane and 2715 Palos Verdes Drive North, in response to MAYOR PRO TEM HUFF.
COUNCIL MEMBER STEGURA moved, seconded by COUNCIL MEMBER SCHMITZ, TO OPEN THE PUBLIC HEARING.
Appellant David Shaw provided a presentation outlining the work that was done at the property on 19 Buckskin Lane, and the reasons for his appeal to the Planning Commission’s decision.
COUNCIL MEMBER STEGURA discussed how setbacks are described in the Municipal Code, which requires a seven foot distance between the building and the property line.
Appellant Shaw explained that he put the buildings in the same place the original buildings existed, and is requesting a variance, in response to MAYOR PRO TEM HUFF.
City Attorney noted for the record that code enforcement is an anonymous process.
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. Public testimony was received by Tim Zigrang, who spoke in favor of allowing the structures to remain in place.
COUNCIL MEMBER ZUCKERMAN moved, seconded by COUNCIL MEMBER SCHMITZ, TO CLOSE THE PUBLIC HEARING.
COUNCIL MEMBER SCHMITZ summarized the difficulty in making this decision, and the deep thought and consideration the Council puts into any decision.
MAYOR PRO TEM HUFF asked Director Wahba about the Planning Commission’s discussion regarding this application.
COUNCIL MEMBER ZUCKERMAN noted that no one on the Planning Commission or City Council have been able to make the findings to allow this exception/variance.
COUNCIL MEMBER STEGURA echoed the sentiments of the Council that this is a difficult decision to make.
COUNCIL MEMBER ZUCKERMAN moved, seconded by COUNCIL MEMBER STEGURA, TO APPROVE AS FOLLOWS BY THE FOLLOWING ROLL CALL VOTE:
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NOVEMBER 8, 2022
APPROVE RESOLUTION NO. 2532 UPHOLDING THE PLANNING
COMMISSION’S DECISION TO DENY BOTH VARIANCE APPLICATION NO.
V-220243 AND NEIGHBORHOOD COMPATIBILITY APPLICATION NO. NC220242, REQUIRING THE APPLICANT TO DEMOLISH OR RELOCATE THE
UNPERMITTED ACCESSORY STRUCTURES TO COMPLY WITH CODE,
AND DETERMINING THE DISAPPROVAL OF THE APPLICATIONS TO BE
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
UNDER CEQA GUIDELINES SECTION.
AYES: Schmitz, Stegura and Zuckerman
NOES: Huff
ABSTAIN: Zerunyan
City Clerk Pettit read Resolution No. 2532 by title.
**MAYOR ZERUNYAN returned to the Chambers at 8:38 pm.
8. NEW BUSINESS
A. COMMISSION AND COMMITTEE LOCAL APPOINTMENT LIST AND
APPOINTMENT PROCESS FOR EXPIRING TERMS
Recommendation: That the City Council review the Commission/Committee appointment process for expiring terms, and receive and file this report.
City Clerk Pettit provided a staff report (as per the agenda material).
City Clerk Pettit explained the recruitment process following the Council’s approval, in response to COUNCIL MEMBER SCHMITZ.
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:
RECEIVE AND FILE.
AYES: Huff, Schmitz, Stegura, Zerunyan and Zuckerman
ABSENT: None
B. PA-220218: LOCAL EARLY ACTION PLANNING (LEAP) GRANT PROGRAM - SB 743 IMPLEMENTATION ADOPTING A NEW CEQA VEHICLE MILES TRAVELED (VMT) POLICY
Recommendation: Staff recommends that the City Council adopt Resolution No. 2533, adopting a policy to comply with SB 743 and CEQA requirements to establish vehicle miles traveled (VMT) as the metric used to determine the CEQA-related transportation impacts of new development and transportation projects, and determining that the adoption of the VMT policy is categorically exempt from CEQA.
Public Works Director Wahba provided a staff report (as per the agenda material).
Fehr & Peers Consultant John Muggridge provided a presentation on Senate Bill 743, CEQA Analysis and Non-CEQA Analysis.
Consultant Muggridge explained that the VMT plan is consistent with a number of local jurisdictions that also have VMT requirements, in response to COUNCIL MEMBER ZUCKERMAN.
Discussion ensued regarding the range of mitigation options for Rolling Hills Estates, in response to COUNCIL MEMBER ZUCKERMAN.
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NOVEMBER 8, 2022
COUNCIL MEMBER ZUCKERMAN expressed concern about the 10,000 mile VMT average being used, as well as the City’s ability to reduce VMT while meeting the State’s housing requirements.
Discussion ensued regarding VMT calculations including electric vehicles.
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 RESOLUTION NO. 2533, ADOPTING A POLICY TO COMPLY WITH SB 743 AND CEQA REQUIREMENTS TO ESTABLISH VEHICLE MILES TRAVELED (VMT) AS THE METRIC USED TO DETERMINE THE CEQARELATED TRANSPORTATION IMPACTS OF NEW DEVELOPMENT AND
TRANSPORTATION PROJECTS, AND DETERMINING THAT THE
ADOPTION OF THE VMT POLICY IS CATEGORICALLY EXEMPT FROM CEQA.
AYES: Huff, Schmitz, Stegura, Zerunyan and Zuckerman
ABSENT: None
City Clerk Pettit read Resolution No. 2533 by title.
C. PENINSULA UTILITY WHITE PAPER ON DISASTER RESPONSE
Recommendation: That the Council receive and file this report.
Management Analyst Slawson provided a staff report (as per the agenda material).
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 STEGURA moved, seconded by MAYOR PRO TEM HUFF, TO APPROVE AS FOLLOWS:
RECEIVE AND FILE.
MAYOR ZERUNYAN so ordered.
9. OLD BUSINESS
A. UPDATE ON LOS ANGELES COUNTY SAFER AT HOME ORDER (VERBAL
REPORT)
City Manager Grammer reported that there have been no changes to the current Los Angeles County Health Officer Order.
City Manager Grammer welcomed back Jeannie Naughton as the new Community Development Director and noted that David Wahba would now serve as the Public Works Director.
10. CITY ATTORNEY ITEMS
None.
11. CITY COUNCIL/REGIONAL COMMITTEE REPORTS
MAYOR PRO TEM HUFF attended the recent Neighborhood Watch Council meeting.
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COUNCIL MEMBER ZUCKERMAN attended the recent Clean Power Alliance Board of Directors meeting, where the annual audit was discussed.
12. MAYOR AND COUNCIL ITEMS
MAYOR ZERUNYAN congratulated Administrative Services Director Mike Whitehead for receiving an award for achievement in information technology practices from Municipal Information Systems Association of California (MIASC).
MAYOR ZERUNYAN also announced that the City of Rolling Hills Estates has received a Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association (GFOA) for our FY 2020-21 Annual Comprehensive Financial Report.
MAYOR ZERUNYAN also noted there will be a dedication ceremony this Saturday, November 12 for public art at City Hall, as well as the Promenade’s Tree Lighting Ceremony on Saturday November 17.
13. CLOSED SESSION
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957
Title: City Manager 6:30pm (Quarterly Evaluation)
NO REPORTABLE ACTION
14. ADJOURNMENT
At 9:28 p.m. MAYOR ZERUNYAN adjourned the City Council meeting in memory of Herbert Tan and Donald Gould. The meeting was adjourned to Tuesday, November 22, 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