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April 28, 2020 PVE City Council Meeting - by Zoom Teleconference
Please refer to PVE CC Agenda for 4/28/20 for more specifics and links to documents - click here
Please click here for the video of the session
Please click here for the official Minutes of the meeting
All Council Members Present
MAYOR’S REPORT:
Residents for the most part have respected the restrictions imposed by LA County in response to the coronavirus pandemic. PVE has been working with neighboring cities and the LA County Board of Supervisors on easing restrictions, but no easing is anticipated before May 15.
CONSENT AGENDA: [Approved unanimously, without discussion]
Meeting Minutes: 4/7/20, 4/13/20, 4/24/20
Warrant Payments [miscellaneous]
Quarterly Report of Cash and Investments
Resolution concerning Via Campesina road repairs
COMMUNICATIONS FROM THE PUBLIC:
There were three speeches, one commending PVE Cares, one commending the PVE Police Department for service to the community, and one addressing the lack of statutory authority for staff to sign agreements in place of the City Council and lacking transparency to the city residents, specifically referring to a side letter agreement signed by the prior City Manager concerning pay for police overtime and a housing density agreement between the City and State signed by the Planning Manager.
ORDINANCE/PUBLIC HEARING(s)
5. FIRST READING OF ORDINANCE 020-745: [Accessory Dwelling Units]
Council enacted an urgency ordinance on April 14, 2020 (valid for 45 days, expiring July 13, 2020), establishing guidelines for approving accessory dwelling units (ADUs), in response to State of California mandates to develop such housing alternatives to increase housing density and reduce the State’s severe housing shortage. To facilitate ADU construction, the State has constrained local control over approval and construction of ADUs, requiring expedited approval of such projects. Ordinance 020-745 codifies the City’s ADU approval process, specifying when parcels qualify for ministerial approval and when parcels will be subject to a Conditional Use Permit (CUP) process, similar to the familiar neighborhood compatibility process (including notice to neighboring homeowners and a hearing and appeal process). Council was advised that while the entire City is classified as “high risk fire severity zone,” the City is prohibited from imposing a city-wide ban on ADUs due to fire or other safety issues. As part of the drafting process, staff surveyed every parcel in the City for emergency access and egress and estimated that approximately 13% of parcels would be required to apply for a CUP to build an ADU. Council endorsed staff’s general approach, but unanimously decided against including a list of impacted parcels in the Ordinance. Rather, Council decided to extend the urgency ordinance a month and directed staff to codify specific parameters in the Ordinance for the City to consider when a property owner applies to build an ADU to determine whether the property owner will be required to obtain a CUP for construction. The factors discussed by Council included special fire hazards, specific constricted road conditions (including traffic volume, narrow street widths, street parking, winding roads with tight turns) as well as public transit access. Staff was asked to present the amended Ordinance to Council at the next meeting on May 12.
OLD BUSINESS
6. ENCROACHMENT ABATEMENT STRATEGY [Resolution No. 19-35 and R19-36 establishing administrative fines for violations of PVEWM 12.04]
The City is consolidating and updating three different policies [R05-32, R12-05 and R14-18] addressing right of way and parkland encroachments in the City. When last discussed February 2020, staff was directed to refine issues related to notice of encroachment, the hearing and appeal process, escalating fines and abatement prioritization. Council unanimously supports bifurcating Right of Way and Parkland encroachment procedures. Today’s discussion focused on the timeline of enforcement steps and size of fines effective to ensure abatement of encroachments without resort to liens and legal process except as the last resort. Council universally expressed interest in significantly enhanced fines for Parkland versus Right Of Way encroachments, the latter currently pegged at $2500 (1st notice of violation [NOV]), $5000 (2nd NOV) and $7,500 (3rd NOV). Council concurred that abatement prioritization should focus first on fire and safety access, then egregious encroachments, and then select areas of concentrated encroachments (Via Solano, Via Palomino, Via de la Guerra, Via Olivera/Via Zumaya, and Via Arriba/Via Montemar/Mexico Place). Staff was directed to clarify bifurcation of Right of Way and Parkland encroachments, enhance the fines for Parkland encroachments, and incorporate a carrot versus stick approach (e.g., waiving certain fees for prompt abatement) and return the amended proposed ordinance before the end of May.
7. UPDATE/DISCUSSION OF PENSION AND POLICE AD HOC COMMITTEES
Prior to presentation of the ad hoc committee reports, two letters from City residents were read into the record and one resident presented his statement via Zoom. The statements recognized the work and commitment of City Staff and the PVEPD.
Police Ad Hoc Committee Report: No report, have not met since last time, will meet soon.
Pension Ad Hoc Committee: Winding up work. Preparing Final Report, have received residents’ input, only awaiting City employees’ feedback (deadline for that input is 4/29/20). Council Member Lozzi mentioned a Daily Breeze Opinion piece discussing the stock market volatility responding to the Coronavirus pandemic and its impact on CALPERS.
Council Member Davidson asked about people having access to minutes of the ad hoc meetings. Lozzi indicated that the Pension Ad Hoc meeting minutes were already on the website, except possibly the last meeting because the notetaker from RSI (Pension Consultant) had left. However, Lozzi stated that she took pretty good notes and would make her notes from that last meeting available on the website.
NEW BUSINESS
As indicated on the Agenda, there is no new business.
ACTING CITY MANAGER REPORT
Finance Dept has been working on the current year budget and expenditure projections through end of the year, to be presented at the May 12 Council Meeting. The budget for next year will be discussed at the May 6 workshop. Property tax remittance has been received, and both property tax and parcel tax revenues are approximately 5% higher.
COUNCIL MEMBER REPORTS
Councilmember Davidson wants the golf course re-opened with appropriate restrictions.
Councilmember Kao indicated that the PVGC with the Beach Cities has sent a letter to LA County Board of Supervisors with proposed protocols to re-open local golf courses. PVGC is bound by the LA County Order closing all non-essential businesses, extending to May 19. PVGC is in a tough financial situation because the first round of federal funding did not include 501c(7) organizations, such as the golf course. Follow-on funding did include them.
Councilmember Lozzi urges residents to be patient and get through this without rushing back too early.
Mayor Pro Tem Kemps: Put his vote in to open up the Tennis Club with the Golf Club. Praised the PVE Cares program for which he has been delivering groceries to seniors.
Mayor McGowan has been working with other Mayors and the LA County Board of Supervisors about how to reopen their cities.
Adjourned to May 12, 2020, at 6:30 pm, presumably via Zoom.