CITY COUNCIL MINUTES 1
SEPTEMBER 12, 2023
MINUTES
CITY COUNCIL MEETING
SEPTEMBER 12, 2023
1. CALL MEETING TO ORDER
MAYOR HUFF called the meeting to order at 7:00 p.m.
2. SALUTE TO THE FLAG
Led by members of the Palos Verdes Peninsula Rotary Club.
Members of the Palos Verdes Peninsula (PVP) Rotary Club introduced themselves, including Julia Parton, PVP Rotary Club President, Greg O’Brien, Peartree Lane Oversight Committee, Derald Sidler, PVP Rotary Foundation Chair, and Rick Humphrey, Community Service Chair, and spoke about the history of the Rotary Club and explained its creation of the Peartree Lane Relief Fund to facilitate donations and connect affected residents with those who wish to help.
3. ROLL CALL
City Council Members Present: Brown Schachter, Huff, Schmitz, Stegura, Zerunyan City Council Members Absent: None
City Staff Present: City Manager Greg Grammer
City Attorney Don Davis
Assistant City Manager Alexa Davis
Public Works Director David Wahba
City Clerk Lauren Pettit
Management Analyst Jessica Slawson
4. CEREMONIAL ITEMS
A. PROCLAMATION: DECLARING SEPTEMBER 2023 "NATIONAL PREPAREDNESS MONTH"
MAYOR HUFF declared September 2023 “National Preparedness 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 SCHMITZ moved, seconded by COUNCIL MEMBER STEGURA, TO APPROVE CONSENT CALENDAR ITEMS 5A-H AS FOLLOWS BY THE FOLLOWING ROLL CALL VOTE:
AYES: Brown Schachter, Huff, Schmitz, Stegura, Zerunyan ABSENT: None
A. READING OF ORDINANCES AND RESOLUTIONS BY TITLE ONLY
APPROVED.
B. DEMANDS AND WARRANTS OF AUGUST & SEPTEMBER 2023
APPROVED WARRANTS 66511 THROUGH 66611 IN THE AMOUNT OF
$1,024,405.64, AND SUPPLEMENTAL WARRANTS 080323 THROUGH 080823; 66565 VOID; 66256 VOID; IN THE AMOUNT OF $208,531.33; FOR A GRAND TOTAL AMOUNT OF $1,232,936.97 WITH PROPER AUDIT.
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SEPTEMBER 12, 2023
C. SCHEDULE OF INVESTMENTS REPORT OF JULY 2023
RECEIVED AND FILED.
D. REVENUE AND EXPENDITURE REPORT OF JULY 2023
RECEIVED AND FILED.
E. CITY COUNCIL MINUTES OF AUGUST 8, 2023
REVIEWED AND APPROVED.
F. PLANNING COMMISSION MINUTES OF AUGUST 7, 2023
RECEIVED AND FILED.
G. PARK AND ACTIVITIES COMMISSION MINUTES OF JULY 17, 2023 RECEIVED AND FILED.
H. SOUTH BAY CITIES COUNCIL OF GOVERNMENTS BOARD MEETING HIGHLIGHTS OF AUGUST 2023
RECEIVED AND FILED.
6. PUBLIC COMMENT/PUBLIC PRESENTATIONS
None.
7. PUBLIC HEARINGS
A. REQUEST TO ADOPT RESOLUTION NO. 2559, APPROVING AN INITIAL STUDY
AND MITIGATED NEGATIVE DECLARATION (IS/MND), AND MITIGATION
MONITORING AND REPORTING PROGRAM (MMRP) UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) FOR A TRANSPORTATION
ENHANCEMENT AND ADA IMPROVEMENT PROJECT AT PALOS VERDES DRIVE NORTH (PVDN) AND LONDON LN. (DAPPLEGRAY ELEMENTARY SCHOOL ENTRANCE); AND, TO SOLICIT BIDS FOR THE PROJECT WITH FUNDING BY A “MEASURE M FUNDING AGREEMENT MULTI-YEAR SUB REGIONAL PROGRAM”
WITH THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION
AUTHORITY (LACMTA)
Recommendation: That the City Council: 1) Open the Public Hearing; 2) Take public testimony; 3) Discuss the issues; 4) Close the Public Hearing; 5) Adopt Resolution No. 2559 (Approving the project’s IS/MND and MMRP); and, 6) Direct staff to solicit bids for the project.
Public Works Director David Wahba provided a staff report (as per the agenda material).
COUNCIL MEMBER ZERUNYAN moved, seconded by COUNCIL MEMBER STEGURA, TO OPEN THE PUBLIC HEARING.
Public comment was invited in-person in the Council Chambers, via email and via eComment.
Public testimony was received from Connor Lynch, Suzette James, Lynn Yen, Sheri Allen, Grant Mogford, and Aly Beck, all in opposition of the project as proposed, requesting further evaluation, consideration, and discussion with community groups.
COUNCIL MEMBER ZERUNYAN moved, seconded by COUNCIL MEMBER SCHACHTER, TO OPEN THE PUBLIC HEARING.
COUNCIL MEMBER ZERUNYAN thanked the members of the community who came to voice their opinions on this matter. He agreed that some aspects needed further consideration before the project moves forwards, emphasizing concerns about the ability of emergency vehicles CITY COUNCIL MINUTES 3
SEPTEMBER 12, 2023
having thru-access during high-traffic school times near Dapplegray School. He asked Public Works Director Wahba to discuss the Little League access road with the School District which was brought up by a member of the public. He also asked staff to discuss staggered drop-off and pick-up times with Dapplegray School. He explained the challenges with current State legislation related to California Environmental Quality Act (CEQA), Vehicle Miles Traveled (VMT) and housing requirements.
Public Works Director Wahba explained similar projects that were done at various intersections throughout the City. He also discussed the narrow Little League access road behind the school, and the challenges and benefits of potentially widening it.
COUNCIL MEMBER SCHACHTER expressed concern about cars passing on the right when merger lanes are added at large intersections on Palos Verdes Drive North.
COUNCIL MEMBER STEGURA echoed COUNCIL MEMBER SCHACHTER’S concerns, and supported the recommendation to continue the item for further discussion.
The City’s Traffic Engineer Joanne Itagaki noted that the length of the merger lanes would be about 600 feet, and that the 1,000 feet in the plans includes the entire construction zone.
MAYOR PRO TEM SCHMITZ echoed COUNCIL MEMBER ZERUNYAN’S comments regarding the challenges the City faces with current State legislation, and encouraged the community to attend Traffic & Safety Committee meetings where the details of projects like this are discussed.
It was the consensus of the City Council to continue this item for further discussion.
COUNCIL MEMBER STEGURA moved, seconded by COUNCIL MEMBER
SCHACHTER, TO APPROVE AS FOLLOWS BY THE FOLLOWING ROLL CALL VOTE:
DIRECT STAFF TO TABLE THE ISSUE AND BRING BACK TO THE CITY
COUNCIL AFTER GETTING INPUT FROM THE FOLLOWING COMMUNITY GROUPS: PALOS VERDES PENINSULA SCHOOL BOARD, LOS ANGELES
COUNTY SHERIFF AND FIRE DEPARTMENTS, THE PALOS VERDES
PENINSULA PUBLIC SAFETY COMMITTEE, ROLLING HILLS ESTATES
EQUESTRIAN COMMITTEE AND PARENTS OF DAPPLEGRAY
ELEMENTARY STUDENTS.
AYES: Brown Schachter, Huff, Schmitz, Stegura, Zerunyan ABSENT: None
8. NEW BUSINESS
A. AWARD OF PUBLIC WORKS CONTRACT TO MARISCAL PAINTING INC., TO
REPAIR CITY HALL HVAC EQUIPMENT ROOM AND OTHER EXTERIOR
STRUCTURAL REPAIRS, AND TO REPAINT EXTERIOR OF CITY HALL AND CITY
COUNCIL CHAMBERS
Recommendation: That the City Council direct staff to enter into a Public Works Contract with Mariscal Painting Inc. (all to the satisfaction of the City Attorney), to repair the Heating, Ventilation and Air Conditioning (HVAC) equipment room attached to the south end of the City Hall building, and to make other necessary exterior wood repairs, including repainting the exterior of both the City Hall and Council Chambers buildings, in the bid amount of $162,000, plus a 10% contingency ($16,200), plus $1,000 for permit and inspection services provided by Willdan Engineering, for a grand total of $179,200.
Public Works Director Wahba provided a staff report (as per the agenda material).
Public Works Director Wahba explained that the HVAC room and City Hall building are two separate structures and slabs in response to MAYOR PRO TEM SCHMITZ.
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Public comment was invited in-person in the Council Chambers, via email and via eComment.
No public testimony was received.
COUNCIL MEMBER SCHACHTER moved, seconded by COUNCIL MEMBER
ZERUNYAN, TO APPROVE AS FOLLOWS BY THE FOLLOWING ROLL CALL VOTE:
DIRECT STAFF TO ENTER INTO A PUBLIC WORKS CONTRACT WITH MARISCAL PAINTING INC. (ALL TO THE SATISFACTION OF THE CITY
ATTORNEY), TO REPAIR THE HEATING, VENTILATION AND AIR
CONDITIONING (HVAC) EQUIPMENT ROOM ATTACHED TO THE SOUTH
END OF THE CITY HALL BUILDING, AND TO MAKE OTHER NECESSARY
EXTERIOR WOOD REPAIRS, INCLUDING REPAINTING THE EXTERIOR OF
BOTH THE CITY HALL AND COUNCIL CHAMBERS BUILDINGS, IN THE BID AMOUNT OF $162,000, PLUS A 10% CONTINGENCY ($16,200), PLUS $1,000
FOR PERMIT AND INSPECTION SERVICES PROVIDED BY WILLDAN
ENGINEERING, FOR A GRAND TOTAL OF $179,200.
AYES: Brown Schachter, Huff, Schmitz, Stegura, Zerunyan ABSENT: None
B. SMALL BUSINESS/NON-PROFIT ASSISTANCE GRANT DISBURSEMENT Recommendation: That the City Council receive and file this report.
Assistant City Manager Davis provided a staff report (as per the agenda material).
COUNCIL MEMBER ZERUNYAN asked staff to determine if the Pepper Tree Foundation could qualify as it is a not-for-profit organization.
Public comment was invited in-person in the Council Chambers, via email and via eComment.
No public testimony was received.
COUNCIL MEMBER ZERUNYAN moved, seconded by COUNCIL MEMBER STEGURA, TO APPROVE AS FOLLOWS BY THE FOLLOWING ROLL CALL VOTE:
RECEIVE AND FILE.
AYES: Brown Schachter, Huff, Schmitz, Stegura, Zerunyan ABSENT: None
9. OLD BUSINESS
None.
10. CITY ATTORNEY ITEMS
None.
11. CITY COUNCIL/REGIONAL COMMITTEE REPORTS
COUNCIL MEMBER STEGURA attended the Clean Power Alliance board meeting.
MAYOR HUFF attended the Rancho Palos Verdes (RPV) City Council meeting to congratulate them on their 50th anniversary and presented a certificate. MAYOR HUFF also attended the RPV 50th Anniversary Gala.
MAYOR HUFF also announced the annual City Celebration on Saturday, September 23, 2023.
MAYOR HUFF also reported that many members of the City Council will be attending the Cal Cities Annual Conference in Sacramento next week.
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12. MAYOR AND COUNCIL ITEMS
A. OPPOSITION LETTER FOR ASSEMBLY BILL AB 825
Recommendation: That the City Council discuss the issues and authorize the Mayor to sign the attached letter in opposition to AB 825.
Management Analyst Slawson provided a staff report (as per the agenda material.) COUNCIL MEMBER SCHACHTER stated that electric bike (e-bike) safety was discussed at a recent Equestrian Committee meeting specifically safety concerns on the trails.
Public comment was invited in-person in the Council Chambers, via email and via eComment.
Public testimony was received from Equestrian Committee members Vicki Shinn and Terry Griggs as well as Charlene O’Neill, President of the Palos Verdes Peninsula Horseman’s Association, all expressing concerns about e-bikes and the safety of riders and horses in the City.
MAYOR PRO TEM SCHMITZ noted that the City Council fights for local control, and moved to authorize the Mayor to sign the letter in opposition of AB 825.
COUNCIL MEMBER SCHACHTER suggested the e-bike issue be brought back to the Equestrian Committee and for the Committee to make new recommendations to the City Council.
COUNCIL MEMBER STEGURA proposed another discussion of e-bikes on a future City Council agenda.
MAYOR PRO TEM SCHMITZ moved, seconded by COUNCIL MEMBER STEGURA, TO APPROVE AS FOLLOWS BY THE FOLLOWING ROLL CALL VOTE:
AUTHORIZE THE MAYOR TO SIGN THE LETTER IN OPPOSITION OF AB 825.
AYES: Brown Schachter, Huff, Schmitz, Stegura, Zerunyan ABSENT: None
13. CLOSED SESSION
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957
Title: City Manager (Quarterly Evaluation)
NO REPORTABLE ACTION.
B. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Government Code section 54956.9(d)(1)
Name of case: Townsend et al v. City of Rolling Hills Estates (USDC Central District, Case No. 2:18-cv-10011-R(MAAx))
NO REPORTABLE ACTION.
C. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Government Section 54956.9(d)(2)
Significant exposure to litigation: one case
NO REPORTABLE ACTION.
14. ADJOURNMENT
At 8:59 p.m. MAYOR HUFF adjourned the City Council meeting to Tuesday, September 26, 2023, at 7:00 p.m. for the purpose of a Regular Meeting.
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SEPTEMBER 12, 2023
Submitted by, Approved by,
Lauren Pettit Britt Huff
City Clerk Mayor