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September 8, 2020 PVE City Council Meeting - by Teleconference
For the Agenda with links to document – click here
For Video of the session – click here
For the Official minutes of the meeting -- click here
APPROVAL OF AGENDA
MAYOR’S REPORT – Matters of Community Interest
Mayor McGowan:
Change in protocol mail with name (can be a pseudonym), phone number, etc. to replace the speaker cards and chat function. Only way to sign up for public comment.
Introduce new Finance Director Steven Hannah, Long Beach City Controller 12 years, also City of Anaheim
Calls and comments about increased parking and traffic issues. Considering paid parking through kiosks in lieu of parking meters to generate revenue
PVGC Dinner service Wed-Sat evening 5-8pm. Support our concessionaires and local business
CONSENT AGENDA
ITEMS # 1-10 were approved. Anything remanded or pulled from discussion noted and then discussed below
1. City Council Action July 28, 2020 Regular Meeting Minutes -Approved
2. Warrant Registers – 8/11/2020, 8/25/2020, 09/08/2020 -Approved
3. Treasurer’s Monthly Investment Report for July -Received and filed
4. Treasurer’s Monthly Investment Report for August July -Received and filed
5. Planning Commission Actions of July 21, 2020 July - Received and filed
6. Second Reading of Ordinance No. O20-746 Revising Chapter 8.28 (Noise) of Title 8 (Health and Safety) of the Palos Verdes Estates Municipal Code - Approved
7. Resolution No. R20-25 for the July 28, 2020 City Council Approval of the Single-Family Development at 2321 Via Acalones - Received and filed
8. Resolution No. R20-28 (1) Ratifying the Creation of a New Fund in the City’s Chart Of Accounts (Fund 29 – The Cares Act Fund), (2) Authorizing the City Manager to Prepare and Implement a Pandemic Event Preparation and Implementation Plan, and (3) Approving a Supplemental Appropriation in the Cares Act Fund in the Amount of $163,000.00 for Fiscal Year 2020/2021. Approved
9. Resolution No. R20-29 Approving (1) Acceptance of PW-681-20 Palos Verdes Drive West Street Improvements Project (also Addison Road and Yarmouth Road); and (2) a Supplemental Appropriation in the Measure R Fund in the Amount of $83,000.00 for Fiscal Year 2019-2020. Continued until next meeting to correct an error
10. Municipal Transfer Agreement (Transfer Agreement) between the Los Angeles County Flood Control District (District) and the City of Palos Verdes Estates (City), Agreement No. 2020MP57, Safe, Clean Water Program – Municipal Program to enable receipt of the City’s share of funds under the Safe Clean Water Program. Approved Authorizing the City Manager to execute on behalf of the City
Councilmember Kao motion, Mayor Pro-Tem Kemps second
VOTE: Items 1-8 and 10 Approved (5-0)
COMMUNICATIONS FROM THE PUBLIC
The following residents addressed the City Council:
Valerie Gorsuch: VP Neighborhood Watch. Your address needs to be easily identified. Two young men charge $20 to paint curbs, and donate $1 of the $20 to PVE Cares. See www.pvenw.org. Also, a meeting about Emergency Preparedness (Pandemic and Disaster at same time). Sign up for communications $10 per year.
Kelly Curtis: Recommends charging for parking in the Beach Club lot to reduce crowding of the nearby RAT beach. There are no other free beach lots, so why do we offer that?
Jeff Groves: From Parkland Committee. Expressed concern about the process to remove trees and limbs – that it is anything but an unbiased process. Cited a recent example -- in staff report, there was an egregious example with false statements.
Desiree Myers: Concerned about personnel issue involving Councilmember Davidson’s statements during City Council Meetings. He stated that he ran stop signs all the time (200 times), suggesting he receives special treatment from police and no tickets. He has also repeatedly stated that Carl the Forester should be fired. He embarrassed our prior Acting City Manager Rukavina by revealing confidential info that Rukavina sought the City Manager job. Revealed that Tony Dahlerbruch had been fired vs resigning. He called out new clerk that something changed in minutes even though this was untrue. Staff members leaving. Humiliating employees is disruptive, mean and not limited to employees. He should attend harassment class that covers public humiliation.
OLD BUSINESS
#11: Police Ad Hoc Committee Update
Councilmember Kao
100 years combined of experience in public safety on committee, so in “good hands”
Looked for organization and operating efficiencies
Considered Outsourcing dispatch
Three considerations
Service level (minimal level)
Cost (and apples to apples with like service)
Importance of retaining local control
Gave direction that service level is the most important factor
Met Aug 7
Operational review to develop a baseline
Looked at same service but flattens command structure
Jail and/or dispatch may be outsourced
Options will be detailed with fully loaded cost including Pension and UAL
RFP to Redondo Beach Police Department for dispatch and /or jail service. We’ve asked for dedicated officers in our sub-station
RFP for Phase One to LASD for a standalone. Only 1 example -- Cerritos. No rotation or redeployment of officers.
Re-iterate commitment to PVE PD. This is information gathering. It is “all academic” because it is good to know what others charge, but current PVE PD is doing an extremely great job. “Idea of outsourcing -- knee jerk reaction -- doesn’t make sense” to Kao. Does not support LASD because of what he reads in the news
Mayor McGowan: I couldn’t agree with you more”
Police Chief Dreiling: Reinforced Kao’s comments
Councilmember Davidson: If we alter PVE Police, what happens? Not commonly known. Never meant at any time to fully fund our PD. If we outsource to LASD we lose $35 M of income over next 7 years
City Manager Guglielmo: Tax would cease and another mechanism would have to pass.
PUBLIC COMMENTS:
Desiree Myers: Since Councilmember Davidson was elected in 2017 financial issues have not been addressed. Pension debt has jumped $5 million. Police Ad Hoc was delayed twice because two consultants rejected working with PVE after their selection because of Davidson criticism of them. He has delayed reforms of our PD with false accusations of Council intervention (delaying positions, stopping promotions, reducing budget)
DISCUSSION:
Councilmember Lozzi: Likes Councilmember Kao’s report, but concerned that at the end he said I don’t support any of that. Indicates he has already made up his mind before the info back. Then Mayor McGowan echoed the sentiment. This should not be an exercise to prove a predetermined outcome because that doesn’t serve the residents well. We need a bona fide analysis. What about a Joint Power Authority (JPA) with other cities on the Hill – why is that not being explored? People need to be open minded.
Mayor McGowan: Ask Dreiling if there was any pressure for a predetermined solution?
Chief Dreiling: No pressure any way. He has a strong opinion, but did not put a finger on the scale. JPA is not part of his study. CalPERS makes it very expensive. Putting PD under a new plan is difficult to do as it requires a balloon payment. With reform, CalPERS will get better. Only way to get out of CalPERS with a 401k (and no balloon payment) is forming a JPA (Joint Power Authority). PVE has the infrastructure to reduce startup cost, so it could be done quickly. It is an option but not part of his study. Need 2 or more cities.
Councilmember Kao: In response to Councilmember Lozzi, he said he will keep an open mind and be objective despite his strong feelings.
Mayor Pro-Tem Kemps:
Does Measure E require PVE to maintain dispatch and jail? (Manager Guglielmo: No, just need to maintain a PD.)
Agrees with service level prioritization over cost and control. But it would be helpful if we define service level—what does it mean? We need more than comfort level over response time. We need KPIs. This is what is special and why we prioritize service over cost.
Dispatch. Needs to consider technology. What we have is unacceptable. We need to fill tech holes if we do a JPA or rely on external Dispatch
He supports the JPA. Should we say formally to Rolling Hills that we are interested?
#12: Conflict of Interest Code Biennial Review
City Clerk Kylynn Chaney report: Described a series of changes (see staff report) Examples: Including disclosure categories for each position, revising titles, removing position of deputy city manager
Councilmember Kao: Should we add consultants and advisory committees to the list that need to disclose at some level? (Answer: not necessary)
Councilmember Davidson: Is the requirement purely financial? (Answer: yes). Can it also be ethical -- e.g. chose a relative or good friend to city manager or city staff? (Answer: no, it is not a conflict under law as long as no kickbacks or specifically financial benefit. But Council can impose additional constraints.)
Councilmember Lozzi: Does anyone on staff read these reports in order to decide whether to take any action? (Answer: No, the purpose is to make it discoverable by the public.
Councilmember Kao: Proposed for approval with inclusion of all consultants, but not advisory or Ad Hoc committee members. (Answer: no second).
Councilmember Kemps: Moved for approval. Councilmember Lozzi second
VOTE: Aye: Kemps, Lozzi, McGowan, Davidson No: Kao
NEW BUSINESS
13. Adoption of Resolution R20-31 to Oppose State Planning and Zoning Legislation that Usurps Local Control and Imposes Unfunded Mandates
City Manager Guglielmo: Torrance and other cities in PV are passing resolutions like this. Fire threat and limited egress during disasters is being cited.
Councilmember Davidson and Councilmember Kemps: Voiced support, working with other cities such as Mike Griffiths of Torrance and Huntingdon Beach. Assembly Bill passed in Assembly but not yet in Senate. Can be revisited next month, so this is imminent.
Comments from public
Bill Sewell: Over 30 of these density laws. Not a statewide concern -- it is an SF concern beholden to developers. Support the resolution.
Mayor Pro-Tem Kemps moved for approval with insertion of a whereas referring to Fire threat and limited egress during disasters. Councilmember Davidson seconded.
Vote 5-0 to approve
This resolution of the City of Palos Verdes Estates opposes State planning and zoning legislation that usurps local control and imposes unfunded mandates.
14. City Hall/Civic Center Assessment Request for Proposals
City Manager Guglielmo: Building is from 1951 with known deficiencies (seismic, fire station does not have sleeping quarters for women, the accommodation for updated fire equipment is inadequate, availability of emergency services in a disaster could be lacking). This needs assessment would cost $75k.
Councilmember Davidson: Don’t need and can’t afford to pay for consultants to develop a plan that can’t be funded. Don’t see this as an emergency. Residents are not in support of this.
Mayor McGowan: This had been approved before but delayed with the pandemic. We need this to fully assess long range capital needs, so it is imperative to get done as soon as humanly possible. It is needed for risk mitigation.
Councilmember Kao: No one disagrees that City Hall in dis-repair and that a needs assessment should get done. The issue is timing - why get a needs assessment when the cost will be different when funds may be available? It does not make sense to spend $75k
Mayor Pro-Tem Kemps: Do we have any prior work that can help give us a rough estimate of the cost of such a rebuild? (Answer, yes). Why review it again? Yes - we need to understand what is needed. But residents are greatly concerned this is all going to add up to one large tax proposal (to save the police, pay for Pensions, pay for infrastructure). Take civic center off the table.
Councilmember Lozzi: We need to know the size of the problem -- is it $5 M or $50 M. However, we can’t afford either. Can’t we use what we have to do that? Can we ask the LA County Fire to help pay for this? (Answer: Our agreement with LACF does contemplate a replacement and sharing the cost.)
No vote.
MAYOR & CITY COUNCIL MEMBERS’ REPORTS
City Manager Guglielmo:
Red flag warning. Need evacuation plans for residents.
Just got notice of Regional Housing Needs Assessment (RHNA). 198 units over 8 years including 82 units for very low income, 44 units for low income, 47 units for moderate income, and 25 for above moderate income. City needs zoning to allow but is not responsible to build these
CARES Act reimbursement expected
Cox complaints on internet. Meeting with other city managers. Public need to understand there never was a decision to give Cox a monopoly—problem is additional infrastructure is required.
Chief Dreiling:
Traffic enforcement on PV Drive North. How many tickets last week? 8 stop signs, 5 speeding, 2 unsafe passing, 3 unlicensed drivers, 1 with marijuana.
Congregation at the bluffs. Free parking and pristine views. Trash spilling over. Council Member Davidson: City needs to look at every option before we impose a tax on residents. That is not happening. 7th time bringing up grant writer and still not on agenda. Forbes article on Cities leasing streets to pay off pensions with bonds. Torrance doing it – not crazy and is viable.
Mayor Pro-Tem Kemps: Parking – how to protect residents and exempt them. Willing to discuss grant writer. Let’s collaborate during this political season and work together.
Mayor McGowan: Take parking issue under advisement. Residents have concerns, and implementing paid parking could both alleviate congestion and be a fundraiser for the City.
Treasurer Ying: Thanks for posting August warrants online -- a positive step for transparency and trust.
ADJOURNMENT TO TUESDAY, Sep 22nd, 2020 AT 6:30 PM