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CC MINS 20110503 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MAY 3, 2011 The meeting was called to order at 6:00 P.M. by Mayor Long at Fred Hesse Community Park, 29301 Hawthorne Boulevard, and was immediately recessed into Closed Session. The meeting reconvened at 7:00 P.M. City Council roll call was answered as follows: PRESENT: Campbell, Misetich, Stern, Wolowicz, and Mayor Long ABSENT: None Also present were Carolyn Lehr, City Manager; Carolynn Petru, Deputy 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; Tom Odom, Director of Recreation and Parks/Deputy Director of Public Works; Paul Christman, Building Official; and Carla Morreale, City Clerk. FLAG SALUTE: The Flag Salute was led by Mark Doddy, Channel 33 Station Manager, RPV TV. MAYOR'S ANNOUNCEMENTS: Mayor Long introduced Building Official Christman who provided a report and PowerPoint presentation regarding Building and Safety Awareness Month. He reported on a recent visit to Cornerstone Elementary School and highlighted staffs presentation to the students regarding building safety issues. Mayor Long introduced the Spotlight on Achievements 2010-11 - Performance Incentive Program. City Manager Lehr provided an overview of the City's Spotlight on Achievements Program. Each of the Department Directors presented achievements in the three categories of cost savings and new revenue, operational efficiencies, and customer service. RECESS AND RECONVENE: Mayor Long called a recess from 8:12 P.M. to 8:32 P.M. RECYCLE DRAWING: City Council Minutes May 3, 2011 Page 1 of 8 Mayor Long announced Recyclers of the Month from the April 19, 2011 City Council meeting: Mark Fredrickson and Joachim Paul Stuart. 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: Mayor Pro Tem Misetich moved, seconded by Councilman Wolowicz, to approve the agenda, as presented. Without objection, Mayor Long so ordered. PUBLIC COMMENTS: None. CITY MANAGER REPORT: None. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that there was late correspondence distributed prior to the meeting regarding Item Nos. 3 (Contract Amendment for the Environmental Review of the Proposed Point View Agriculture, Golf Course and Event Garden Master Plan Project) and there were two requests to speak regarding this item. Councilman Wolowicz moved, seconded by Mayor Pro Tem Misetich, to approve the Consent Calendar with Item No. 3 removed and placed immediately after the Consent Calendar. The motion passed on the following roll call vote: AYES: Campbell, Misetich, Stern*, Wolowicz, and Mayor Long NOES: None ABSENT: None *Councilman Stern abstained on Item No. 2 (Approval of Minutes) since he was not present for the April 5, 2011 Council Meeting. City Council Minutes May 3, 2011 Page 2 of 8 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 Minutes Approved the Minutes of the April 5, 2011 Regular Meeting. Contract Amendment for the Environmental Review of the Proposed Point View Agriculture, Golf Course and Event Garden Master Plan Project This item was removed from the Consent Calendar for separate consideration. Contract Amendment and Budget Adjustment to allow the City's View Restoration Mediator's Contract Limit to be Exceeded by $7,000 for Fiscal Year 2010-11 1) Authorized the Mayor and City Clerk to sign an amendment to the professional services agreement with Ms. Coleen Berg that allows the $40,000 annual contract cap for Fiscal Year 2010-11 to be exceeded by $7,000; and, 2) ADOPTED RESOLUTION NO. 2011-24, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING AN ASSOCIATED $7,000 BUDGET ADJUSTMENT TO THE DEPARTMENT'S PROFESSIONAL AND TECHNICAL SERVICES BUDGET FOR FY 2010-2011. Adoption of Ordinance No. 521 —Amendment to the Recently Adopted Ordinance Regarding Adjustment to the Landslide Moratorium Boundary Line ADOPTED ORDINANCE NO. 521, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, AMENDING THE PROCEDURE TO ADJUST THE BOUNDARY OF THE LANDSLIDE MORATORIUM AREA. Crossing Guard Services for 2011-2012 School Year: Amendment to Contract with All City Management Services Authorized the Mayor and the City Clerk to execute an amendment to the agreement with All City Management Services, Inc. (ACMS), for an amount not to exceed $17,260 to provide crossing guard services at Miraleste Intermediate School and Silver Spur Elementary School for the 2011-2012 School Year. Acceptance of a Maintenance Easement on the Parcel of Property that is Commonly Referred to as Abalone Cove Shoreline Park, which is owned by the Rancho Palos Verdes Redevelopment Agency City Council Minutes May 3, 2011 Page 3 of 8 1) ADOPTED RESOLUTION NO. 2011-25, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AUTHORIZING THE CITY'S ACCEPTANCE OF A MAINTENANCE EASEMENT AGREEMENT REGARDING PROPERTY OWNED BY THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY; 2) Authorized the City's acceptance of a maintenance easement over Abalone Cove Shoreline Park, which is owned by the Rancho Palos Verdes Redevelopment Agency; 3) Authorized the Mayor to execute the maintenance easement agreement on behalf of the City; and, 4) Authorized the City Manager to execute the certificate of acceptance on behalf of the City. March 2011 Monthly Report of Cash Balances Received and filed the March 2011 Monthly Report of Cash Balances for the City of Rancho Palos Verdes. Register of Demands ADOPTED RESOLUTION NO. 2011-26, 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. # # # # # # ITEM REMOVED FROM THE CONSENT CALENDAR: Contract Amendment for the Environmental Review of the Proposed Point View Agriculture, Golf Course and Event Garden Master Plan Project Community Development Director Rojas provided a brief overview of the project. Suzanne Griffith, Rancho Palos Verdes, stated that she has concerns regarding noise levels and requested a noise study for the project. Da'ad Makhlouf, Rancho Palos Verdes, stated that she has concerns with noise and traffic regarding the upcoming project. She noted that there has been an increase in the noise level along Palos Verdes Drive South as a result of the development of the Terranea Resort and increased home ownership in the City. Discussion ensued between Council Members and staff. Councilman Stern moved, seconded by Councilman Wolowicz, to approve the staff recommendation to: Authorize the Mayor and the City Clerk to sign an amendment to the professional services agreement with PCR Services Corporation for an additional amount not to exceed $10,930 to complete the environmental review of the Point View Agriculture and Golf Course Master Plan Project on property located at 6001 Palos City Council Minutes May 3, 2011 Page 4 of 8 Verdes Drive South (known commonly as the Point View property), which will be paid for by the applicant (York Point View Properties, LLC). The motion passed on the following roll call vote: AYES: Campbell, Misetich, Stern, Wolowicz, and Mayor Long NOES: None ABSENT: None REGULAR NEW BUSINESS: - Establish an Ad-Hoc Subcommittee (Solid Waste) and Mayor's Appointment for 2011 Director Holland provided a brief staff report regarding this item. Councilman Wolowicz moved, seconded by Councilman Campbell, to establish an Ad- Hoc Subcommittee of the City Council to consist of Councilman Stern and Mayor Pro Tern Misetich to serve as a Solid Waste Subcommittee for 2011. Without objection, Mayor Long so ordered. Lease of Portion of the Ladera Linda Facility by the Montessori School City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were 17 requests to speak regarding this item. Director of Recreation and Parks Odom provided a staff report regarding the item. Building Official Christman provided an overview of the current condition of the buildings at the Ladera Linda Community Center and listed the repairs and safety issues that must be addressed at the Montessori School site. Discussion ensued between Council Members and staff. Councilman Wolowicz disclosed that he is a longtime friend and business acquaintance with Mr. Toomey. Philip Toomey_, attorney representing the Montessori School of Manhattan Beach, Redondo Beach, stated that he has met with staff twice and received general information and noted the following: the Ladera Linda site is not energy efficient; the safety issues raised are of concern to the school; the school is interested in receiving cost estimates for the necessary improvements; there is a need for prioritization of the improvements; possible changes to the lease so that the responsibility of the City Council Minutes May 3, 2011 Page 5 of 8 improvements would be on the tenant; and, the Montessori School has been a vested tenant at the Ladera Linda site for over 18 years. Discussion ensued between Council, staff and the speaker. Natalia Saldana, Rancho Palos Verdes, stated that she has two children at the Montessori School and spoke highly of the educational experience that her children are receiving. Rob Otto, Rancho Palos Verdes, stated that he believes the school is safe, spoke in support of the excellent curriculum, and noted that decisions are often based on possible litigious events. Dylan Bruno, San Pedro, stated that his family bought a home in the area based on the reputation of the Montessori School of Manhattan Beach. He would like the Council to consider any options that may be open to the school, noting how disruptive it would be to the children and families who participate in the school. Lisa DiBugnara-Barnes, Rancho Palos Verdes, stated that the environment at the Montessori School has been responsible for her daughter's outstanding education and outgoing respectful nature. She stated that she would pledge her time and commitment to help create a committee to fundraise to support the Ladera Linda Community Center as the site for the preschool. Kyle Nelson, Ladera Linda Homeowners Association, Rancho Palos Verdes, stated that he is a neighbor to the school and commented that the Montessori School has been a good tenant and has maintained the property well and installed security cameras overlooking the grounds and parking area last year. Morgan Tookey, San Pedro, stated that he was speaking on his behalf and for those parents who were not able to be present. He stated that many items included on the Building Official's inspection report are cosmetic in nature and inquired if there were estimates and funds for the infrastructure and safety improvements. He shared the story of his son's success as a result of his education at the school. Greg Moore, Rancho Palos Verdes, stated that he was raised in the community and his three children have all attended the Montessori School. He noted that the site should be more than a park and should have buildings that the community can continue to use as they have for years. Janelle Inez, San Pedro, stated that she has been a teacher in the community for eleven years and noted that the Montessori School nurtures the students; the environment is safe and child friendly, and the curriculum comprehensive. City Council Minutes May 3, 2011 Page 6 of 8 James Tillman, Harbor City, stated that he is concerned with the possible closing of a school that encourages creativity and free will thinking in his child. He stated that he would like the Council to consider other options such as modular buildings and possible alternate locations. Michelle Sipl, Los Angeles, Director, Montessori School, reported that she commutes 45 minutes to the Ladera Linda location because of the unique nature and high caliber of the Montessori School and the special relationship between the students and teachers. Lisa Atkinson, Hawthorne, stated that she is a teacher at the Montessori School speaking on behalf of all of the teachers. She requested that the Council reconsider the renewal of the school's lease noting that the teachers believe there is a mutually beneficial relationship between the school, students, owners and community. Brian Kim, Rancho Palos Verdes, stated that the parents have eloquently expressed the benefits of the school and noted that he believes a compromise should be reached regarding the older school buildings and the improvements needed for the site. John and Judy Ernst, owners of the Montessori School, Rancho Palos Verdes, stated that they have had their school at the Ladera Linda location for 18 years, have put much into the site since the Montessori School began, and noted they were willing to work with the City to do anything that was economically feasible to ensure the continuity of the school. Don Ersnig, Rancho Palos Verdes, stated that the Council has a difficult decision to make regarding the necessary improvements at the Ladera Linda Community Center. Discussion ensued between Council Members and staff. Director of Public Works Holland reported that the gas line is no longer operational, and the water line, sanitary sewer system, and electrical systems are all in very, very poor condition at the Ladera Linda site. He stated that the conceptual costs associated with the immediate repair work is estimated at $200,000, and noted that Americans with Disabilities Act (ADA) requirements also need to be addressed. Councilman Wolowicz moved, seconded by Mayor Pro Tem Misetich, to direct City staff to meet with the owners of the Montessori School and their attorney during the next four weeks to explore the possibility of making the necessary utility infrastructure and facility repairs/upgrades, including but not limited to renovating the existing buildings and/or using portable modular buildings, at the school's sole expense and in accordance with the school's state licensing requirements and the City's Codes and safety requirements. The Council's decision regarding whether to extend the existing lease agreement beyond September 2011 and the possible provision of a permanent facility will be discussed once the matter returns to the Council in approximately one month. City Council Minutes May 3, 2011 Page 7 of 8 The motion passed on the following roll call vote: AYES: Campbell, Misetich, Stern, Wolowicz, and Mayor Long NOES: None ABSENT: None RECESS AND RECONVENE: Mayor Long called a brief recess from 10:47 P.M. to 10:57 P.M. CITY COUNCIL ORAL REPORTS: Each of the Council Members reported on his attendance at various organization and association meetings since the last City Council Oral Reports were provided on April 19, 2011. CLOSED SESSION REPORT: City Attorney Lynch reported on the following Closed Session items: 1) With respect to the first item regarding the Monks and Enstedt cases, a report was provided and no action taken; and, 2) With respect to the threat of litigation by Ms. Yarber, the City Council unanimously directed the City Attorney's office to follow the approach that had already been taken, as the City Attorney invoices are attorney-client privileged and confidential communications. The limited voluntary release of information from the privileged invoices that has occurred is consistent with preserving the attorney-client privilege while still providing fiscal accountability to the public. To that end, the City Council also unanimously directed the City Attorney to provide to Ms. Yarber the total amount of attorney's fees incurred by the City to date for the time period originally requested by Ms. Yarber for the two matters she specifically discussed in her letter: the Annenberg Project and the proposed City Charter/Measure C. ADJOURNMENT: At 11:09 P.M., Mayor Long adjourned the meeting to Monday a 2011 at .'0 P.M. at Hesse Park for an Adjourned Regular Meeting/Budget W•r .h id" A,_,Adildiff Mayor Attest: i /`-f City Clerk W:\City Council Minutes\2011\20110503 CC MINS.doc City Council Minutes May 3, 2011 Page 8 of 8