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CC MINS 20110118 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JANUARY 18, 2011 The meeting was called to order at 6:20 P.M. by Mayor Pro Tem Misetich at Fred Hesse Community Park, 29301 Hawthorne Boulevard, and was immediately recessed into Closed Session. The meeting was reconvened at 7:03 P.M. City Council roll call was answered as follows: PRESENT: Campbell, Misetich, Stern, Wolowicz, and Mayor Long* ABSENT: None *Mayor Long was present via teleconference from 7:03 P.M. to 8:30 P.M. from the W Hotel New York Times Square, 1567 Broadway, New York, New York 10036. Also present were Carolyn Lehr, City Manager; Carol Lynch, City Attorney; Dennis McLean, Director of Finance/Information Technology (IT); Joel Rojas, Community Development Director; Ray Holland, Director of Public Works; Senior Engineer; Ron Dragoo, Senior Engineer; Holly Starr, Recreation Services Manager; Emily Rodin, Recreation Leader; and Carla Morreale, City Clerk. Also present were the following: Jewel Johnson, Supervising Ranger, Mountains Recreation and Conservation Authority, and Alan Braatvedt, Public Works Consultant and Senior Project Manager, San Ramon Canyon Project. FLAG SALUTE: The Flag Salute was led by Councilman Campbell. MAYOR'S ANNOUNCEMENTS: Mayor Pro Tem Misetich announced the recent passing of Glenn R. Watson, founding partner of the law firm Richards, Watson & Gershon, who assisted with the incorporation of the City of Rancho Palos Verdes. He provided comments regarding Mr. Watson's life and accomplishments. Former Councilman Ken Dyda provided comments on his memories of working with Glenn R. Watson. Mayor Pro Tem Misetich announced the recipients of the Clean Bay Restaurant Certification in the City of Rancho Palos Verdes. Mayor Pro Tem Misetich introduced Recreation Services Manager Starr, Recreation Leader Rodin, and Supervising Ranger Johnson who provided information and a City Council Minutes January 18, 2011 Page 1 of 10 PowerPoint presentation regarding the upcoming Jr. Ranger Program to be offered at Ladera Linda Community Center. Mayor Pro Tem Misetich presented City tiles to the following three of the eight outgoing Committee/Commission Members: Lynn Swank, Traffic Safety Commission; Shari Weiner, Emergency Preparedness Committee; and, Shawn Nejad, Traffic Safety Commission and thanked them for their service to the City. RECYCLE DRAWING: Mayor Pro Tem Misetich announced Recyclers of the Month from the December 21, 2010 City Council meeting: Pankaj Kadakia and Ronald Marinkovich. He indicated that all winners receive a check for $250 representing a year of free refuse service and urged everyone to participate in the City's Recycling Program. APPROVAL OF THE AGENDA: Councilman Wolowicz moved, seconded by Councilman Stern, to approve the agenda. The motion passed on the following roll call vote: AYES: Campbell, Misetich, Stern, Wolowicz, and Mayor Long NOES: None ABSENT: None PUBLIC COMMENTS: Mark Wells, Rancho Palos Verdes, stated that residents should know that the Council Members support the passage of Measure C —the Charter Measure. He noted that this could be the best thing for the City and there is opposition to this Measure. He encouraged a fair, open, honest and public debate to take the City into the future. He referenced the cost estimate for the San Ramon Canyon Project and suggested that an analysis be done to project if the prevailing wage issue as related to the Charter City ballot measure is or is not in the best interest of the City of Rancho Palos Verdes, so that the voters will be informed. John Constantino, Rancho Palos Verdes, stated that he would like to suggest a revision to the current procedures used by the Public Works Department regarding the approval of cell phone tower and facility installation in the public right-of-way in the City. He noted that there was no written notification required of the local residents regarding the item to be installed, and noted that none of the neighbors he spoke with were informed as to the nature of the installation proposed near his residence. He recommended the written notification of residents within 500 feet of the installation and the requirement that the Public Works Department inspect the installation before the start of the 30-day comment period. City Council Minutes January 18, 2011 Page 2 of 10 Council and staff discussion ensued. Carol Mueller, Rancho Palos Verdes, stated that she was not diametrically opposed to the City becoming a Charter City, but noted that she had the following concerns: 1) She questioned the urgency of the ballot measure and why it was not placed on the ballot for the November 2011 General Municipal Election; 2) She inquired what the cost would be to remove the measure from the March 8, 2011 ballot and place it on the November 2011 ballot; and 3) She inquired what impediments Council Member Stern, Council Member Wolowicz and Mayor Long have encountered in their years on the City Council that would not have existed if the City were a Charter City. Council and staff discussion ensued Ken Dyda, Rancho Palos Verdes, stated that the Council has had the Charter City issue on the City Council Agenda numerous times since it began as a Tactical Goal one year ago, and noted that there was an article in the newspaper regarding the topic. He reported that he was previously in favor of the matter being on the November 2011 Election, but has changed his mind, due to the recent events taking place at the State level in Sacramento, with the Governor and Legislators stating that there will be raids on local government monies, including Redevelopment Agency funds, to solve the State's fiscal mismanagement. He noted the following provisions in the Charter: 1) Retention of the Council-Manager form of government; 2) Zoning consistent with the General Plan; 3) Compensation for the Council will follow the same guidelines as currently used; 4) Total employee compensation will be a matter of transparent public record; and, 5) The ability to contract effectively for value. He concluded that he had changed his position on the date of the election and urged a vote Yes on Measure C on the March 8, 2011 Special Election to avoid Sacramento's onslaught of the City's tax dollars. John Cruikshank, Rancho Palos Verdes, stated that he supported Measure C to make the City a Charter City because he has first hand knowledge of prevailing wages and the ability for the City to have more local control to set its own local prevailing wages and have the free market dictate what prices are paid for construction. He noted that the City has a number of infrastructure projects that the City needs to embark on with a limited amount of money for funding. He noted that in his private civil engineering business when his firm works on taxpayer-funded projects that have prevailing wage he is required to pay his employees 40% more, which is money that comes right out of taxpayers' pockets. He indicated that this requirement did not make sense when a free market rate can be paid. He concluded that he was in favor of more local control and that he was not in favor of the control of the State government and bureaucrats who have had a horrible track record. CITY MANAGER REPORT: City Council Minutes January 18, 2011 Page 3 of 10 Senior Engineer Ron Dragoo provided a status update report regarding the recent storms and clean-up process by several agencies at 25th Street/Palos Verdes Drive South. City Manager Lehr provided a report regarding staff's recent trip to Washington, D.C. and the efforts made to provide key staff members of elected officials with information regarding the infrastructure and funding needs in the City with projects such as the San Ramon Canyon Project. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that late correspondence regarding Item Nos. 4, 5, and 6 were distributed prior to the meeting and there were requests to speak regarding Item No. 4 (Adoption of Ordinance No. 517, Creating a Ministerial Process to Adjust the Landslide Moratorium Boundary Line) and Item No. 6 (Award of Contract for Services to Prepare a Mitigated Negative Declaration for the Proposed Point View Agriculture, Golf Course and Event Garden Master Plan Project); and suggested that Item No. 5 (Mayor's Appointment of City Council Members to Intergovernmental Organizations, Associations and City Subcommittees) be removed from the Consent Calendar for Council discussion in light of the late correspondence received from Councilman Campbell. Councilman Stern moved, seconded by Councilman Wolowicz, to approve the Consent Calendar as amended with Item No. 4 and Item No. 6 to follow immediately after the Consent Calendar and Item No. 5 to follow after the Regular Business items. The motion passed on the following roll call vote: AYES: Campbell, Misetich, Stern, Wolowicz, and Mayor Long NOES: None ABSENT: None Motion to Waive Full Reading Adopted a motion to waive reading in full of all ordinances presented at this meeting with consent of the waiver of reading deemed to be given by all Council Members after the reading of the title. Approval of the Minutes Approved the Minutes of the December 7, 2010 Regular Meeting and December 18, 2010 Adjourned Regular Meeting. City Council Minutes January 18, 2011 Page 4 of 10 Traffic Safety Commission Terms of Office for Newly Appointed Commission Members Confirmed the appointment of the following two Traffic Safety Commission (TSC) members for four-year terms of office until December 2014: Bryan Klatt and Anthony Self; and the following three TSC members for two-year terms office until December 2012: Carol Donahue, David Kramer, and Joe Locascio. Adoption of Ordinance No. 517, Creating a Ministerial Process to Adjust the Landslide Moratorium Boundary Line This item was removed from the Consent Calendar for separate consideration. Mayor's Appointment of City Council Members to Intergovernmental Organizations, Associations and City Subcommittees This item was removed from the Consent Calendar for separate consideration. Award of Contract for Services to Prepare a Mitigated Negative Declaration for the Proposed Point View Agriculture, Golf Course and Event Garden Master Plan Project This item was removed from the Consent Calendar for separate consideration. Register of Demands ADOPTED RESOLUTION NO. 2011-01, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID. # # # # # # ITEMS REMOVED FROM THE CONSENT CALENDAR: Adoption of Ordinance No. 517, Creating a Ministerial Process to Adjust the Landslide Moratorium Boundary Line City Clerk Morreale reported that there was late correspondence distributed prior to the meeting and there was one request to speak on this item. Sharon Yarber, Rancho Palos Verdes, stated that the ordinance did not make sense as drafted since it requires the property owner to sign the application before the City will decide to place that property within the Landslide Moratorium area, noting that the process should not be on a ministerial level. She expressed concern with a conflicting Section 15.20.100 of the Municipal Code where property to be removed from the City Council Minutes January 18, 2011 Page 5 of 10 Landslide Moratorium when there is not a concurrent development application under consideration is required to proceed through a lengthy process, while this proposed ordinance will allow ministerial approval. Council and staff discussion ensued. Councilman Stern moved, seconded by Councilman Wolowicz, to adopt the staff recommendation to: ADOPT ORDINANCE NO. 517, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, ESTABLISHING A PROCEDURE TO ADJUST THE BOUNDARY OF THE LANDSLIDE MORATORIUM AREA. The motion passed on the following roll call vote: AYES: Campbell, Misetich, Stern, Wolowicz, and Mayor Long NOES: None ABSENT: None Mayor Long left the meeting at 8:30 P.M. Award of Contract for Services to Prepare a Mitigated Negative Declaration (MND) for the Proposed Point View Agriculture, Golf Course and Event Garden Master Plan Project City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were three requests to speak regarding this item. Stasys Petravicius, Point View Committee, West Portuguese Bend Community Association, Rancho Palos Verdes, stated that the neighborhood Point View Committee has been following the different development proposals for the Point View property and inquired if the process could be held up until the neighboring communities could be informed regarding the current proposal. City Attorney Lynch and Director Rojas explained that the proposed item before Council was the appropriate mechanism to begin the process that the speaker was requesting. Council and staff discussion ensued. Suzanne Griffith, Rancho Palos Verdes, stated that she has concerns with the order of activities to have the MND prior to the discussions regarding the Conditional Use Permit; the scope of the MND regarding noise issues and fire hazards. She requested that the scope of the MND be increased to include the noise that would be present during a real party at the Event Garden. Councilman Stern moved, seconded by Councilman Wolowicz, to adopt the staff recommendation to: Authorize the Mayor and the City Clerk to sign a professional City Council Minutes January 18, 2011 Page 6 of 10 services agreement in an amount not to exceed $64,707, with PCR Services Corporation, to prepare a Mitigated Negative Declaration (MND) for the proposed Point View Agriculture, Golf Course and Event Garden Master Plan project on property located at 6001 Palos Verdes Drive South (known commonly as the Point View property) that will be paid for by the applicant (York Point View Properties, LLC). The motion passed on the following roll call vote: AYES: Campbell, Stern, Wolowicz, and Mayor Pro Tem Misetich NOES: None ABSENT: Long RECESS AND RECONVENE: Mayor Pro Tem Misetich called a brief recess from 8:49 P.M. to 8:59 P.M. REGULAR BUSINESS: 2011 Budget Calendar Director of Finance/Information Technology McLean provided a brief staff report regarding this item. Council and staff discussion ensued. Councilman Stern moved, seconded by Councilman Wolowicz, to approve the staff recommendation, as amended, to: 1) Schedule March 29, 2011 at 7:00 P.M., the fifth Tuesday in March, for a Strategic Resource Allocation Workshop to consider budget decision points, community grants, and an update of the City Council's Tactical Goals; 2) Schedule Saturday, May 21, 2011 at 8:00 A.M., for a Budget Workshop, including use of a "Menu" for building the Draft FY11-12 Budget; and, 3) Schedule June 7, 2011 as the date of the public hearing to adopt the FY11-12 budget, the 2011-12 Storm Drain User Fee, the final 2011 Five-Year Financial Model, and the final 2011 Capital Improvement Plan. The motion passed on the following roll call vote: AYES: Campbell, Stern, Wolowicz, and Mayor Pro Tem Misetich NOES: None ABSENT: Long Council and staff discussion continued regarding potential dates for additional meetings. San Ramon Canyon Project Study Report City Council Minutes January 18, 2011 Page 7 of 10 City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there was one request to speak regarding this item. Public Works Director Holland provided a brief report and PowerPoint presentation regarding the San Ramon Canyon Project Study Report. Senior Engineer Dragoo provided additional comments regarding the proposed gravity buttress which would stabilize the landslide and minimize the effects of runoff water in the San Ramon Canyon. Mark Wells, Rancho Palos Verdes, stated that he had confidence in the City Council Members regarding their concern with infrastructure issues. He suggested that the Council not opt for using the low cost alternative in the San Ramon Canyon Project repair as it would necessitate additional repair work down the road. He noted that much information is available regarding the project and hoped that the public would attend the many upcoming informational meetings regarding this project. Public Works Director Holland pointed out a typographical error noted by Ken Dyda on Page 3 of the report, noting that Alternate 2A should be called out as Alternate 1B. He added that Harris and Associates is currently working on an early action project to protect the switchbacks approved by Council earlier in the year. He reported that the staff believes that the preferred option would be a caisson type of project and that there is no cost estimate at this time for that interim project. He noted that all of the aspects of this project will be discussed in detail at the March 1, 2011 Council Meeting. Councilman Campbell moved, seconded by Councilman Stern, to: 1) Receive and file the Project Study Report for San Ramon Canyon Drainage; and, 2) Set March 1, 2011, during the regularly scheduled City Council Meeting, as the date to conduct a Public Workshop for the San Ramon Canyon Project Study Report. The motion passed on the following roll call vote: AYES: Campbell, Stern, Wolowicz, and Mayor Pro Tem Misetich NOES: None ABSENT: Long City Advisory Board Chairs Councilman Wolowicz moved to appoint all of the applicants for Chair for the respective committees/commissions as designated in the staff report, except for the Planning Commission. Councilman Campbell stated that he would like to offer a friendly amendment to the motion to appoint David Tomblin as the Chair to the Planning Commission in light of the following. Councilman Campbell reported that he had received an email from Planning City Council Minutes January 18, 2011 Page 8 of 10 Commissioner Tetreault in which he stated that he had a minor family car emergency so that he was unable to make the interview earlier this evening. He reported that Commissioner Tetreault respectfully withdrew his name from consideration for Chair of the Planning Commission and noted he would apply for the position in the next three years. Councilman Wolowicz moved, seconded by Councilman Stern, to appoint the following as Chairs to the respective committees/commissions: 1) David Tomblin as Chair of the Planning Commission; 2) Bill James as Chair of the Finance Advisory Committee; 3) Frank Lyon as Chair of the Oversight Committee; 4) David Kramer as Chair of the Traffic Safety Commission; and, 5) Tim Weiner as Chair of the Emergency Preparedness Committee. The motion passed on the following roll call vote: AYES: Campbell, Stern, Wolowicz, and Mayor Pro Tem Misetich NOES: None ABSENT: Long ITEM REMOVED FROM THE CONSENT CALENDAR: Mayor's Appointment of City Council Members to Intergovernmental Organizations, Associations and City Subcommittees City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding this item. Mayor Pro Tem Misetich reported that Councilman Campbell had stated that he could not serve on the Palos Verdes Transit Authority. After Council discussion, Mayor Pro Tem Misetich volunteered to be the alternate on the Palos Verdes Transit Authority. Councilman Stern inquired if members of the community or staff members could serve on some of the boards. Mayor Pro Tem Misetich reported that staff was notified that the Mayor must serve as the delegate to the City Selection Committee for the Los Angeles County Board of Supervisors. Councilman Wolowicz added that the Mayor could appoint a proxy to serve as the representative when he was unable to attend a City Selection Committee meeting. Council directed staff to research which intergovernmental organizations would allow the appointment of a staff member or resident to serve as the City Council's representative. City Council Minutes January 18, 2011 Page 9 of 10 Councilman Stern moved, seconded by Councilman Campbell, to receive and file the appointments, as amended. The motion passed on the following roll call vote: AYES: Campbell, Stern, Wolowicz, and Mayor Pro Tem Misetich NOES: None ABSENT: Long CITY COUNCIL ORAL REPORTS: Each of the Council Members present reported on his attendance at various organization and association meetings since the last City Council Oral Reports were provided on December 21, 2010. Councilman Campbell noted that he would submit his City Council Oral Report in writing. CLOSED SESSION REPORT: City Attorney Lynch reported on the following Closed Session items: 1) With respect to the Existing Litigation regarding Joannou v. City of Rancho Palos Verdes, et al., a report was provided and no action taken; and, 2) With respect to the Existing Litigation regarding VH Property Corp. and VHPS LLC v. City of Rancho Palos Verdes, a report was provided regarding the Court ruling in favor of the City, denying the Writ of Mandate and possible settlement of the case. She reported that the City Council unanimously directed that if the property owner wants to amend any aspect of the project approvals, he should proceed to file an application to do so, which would go through the normal City processes. All Council Members were present including Mayor Long who participated via teleconference from New York. ADJOURNMENT: At 9:57 P.M., Mayor Pro Tem Misetich adjourned the meetin;. / Mayor Attes : _ALAl7 #.° L- City Clerk W:\City Council Minutes\2011\20110118 CC MINS.doc City Council Minutes January 18, 2011 Page 10 of 10