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CC MINS 20090630 ADJ MINUTES RANCHO PALOS VERDES CITY COUNCIL ADJOURNED REGULAR MEETING JUNE 30, 2009 The meeting was called to order at 6:00 P.M. by Mayor Clark at Fred Hesse Community Park, 29301 Hawthorne Boulevard, and was immediately recessed into Closed Session, notice having been given with affidavit on file. The meeting reconvened at 7:00 P.M. City Council roll call was answered as follows: PRESENT: Long, Stern, Wolowicz, and Mayor Clark ABSENT: Gardiner (excused) Also present were Carolyn Lehr, City Manager; Carolynn Petru, Deputy City Manager; Carol Lynch, City Attorney; Joel Rojas, Director of Planning, Building, and Code Enforcement; Jim Bell, Director of Public Works; Kathryn Downs, Deputy Director of Finance/Information Technology; Leza Mikhail, Associate Planner; and Carla Morreale, City Clerk. FLAG SALUTE: The Flag Salute was led by Tom Redfield. MAYOR'S ANNOUNCEMENTS: Mayor Clark presented Jon Cartwright with the RPV Heroes Award. APPROVAL OF AGENDA: Mayor Pro Tem Wolowicz moved, seconded by Councilman Stern, to approve the Agenda. Mayor Clark proposed an amendment to remove Item 18 (Amendment to the City Manager's Employment Agreement)from the agenda and Councilman Long seconded the amendment. The maker and seconder of the motion accepted the amendment to the main motion. The motion to approve the agenda, as amended, carried on the following roll call vote: AYES: Long, Stern, Wolowicz, and Mayor Clark NOES: None ABSENT: Gardiner PUBLIC COMMENTS: Tom Redfield, Rancho Palos Verdes, reported a recent motorcycle traffic accident on Palos Verdes Drive East involving a member of the Kamikaze Motorcycle Group from Long Beach and commended the efforts of Deputy Knox in traffic enforcement and public education. He noted that there were two proposed legislative bills to consider the regulation of noise levels and pollution levels for illegal mufflers on motorcycles and vehicles. CITY MANAGER REPORT: City Manager Lehr announced the Ribbon Cutting Ceremony to be held at the McCarrell Canyon Drainage Project at 5:30 p.m. on July 7, 2009 prior to the Regular Council Meeting. She also announced that RPV TV, formerly known as Channel 33, received Telly Awards in two categories for excellence in local television production. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that late correspondence was distributed regarding Item Nos. 3, 8, and 12 prior to the meeting, and there were requests to speak on Item Nos. 7 and 12. Councilman Long requested a split vote on the Consent Calendar regarding Item No. 3 (Adoption of Ordinance No. 490 —Terranea Resort— Request for Financial Assistance Using Future Transient Occupancy Tax Revenue) and Item No. 5 (Adoption of Ordinance No. 492 - On-Street Parking of Oversized Vehicles), with Item Nos. 7 (Adoption of City Budget for Fiscal Year 2009-2010) and 12 (Appeal of the Planning Commission's Approval of Case No. ZON2007-00046, Variance and Coastal Permit for Property Located at 24 Sea Cove Drive) to follow immediately after the Consent Calendar, since there were requests to speak on those items. Mayor Pro Tem Wolowicz requested that Item No. 9 (Two-Month Extension to the Tolling Agreement with Los Angeles County and the Current Sheriff's Contract) be removed from the Consent Calendar for discussion. Councilman Long moved, seconded by Mayor Pro Tern Wolowicz, to approve the Consent Calendar with the exception of Item Nos. 3, 5, 7, 9 and 12, with Item Nos. 7 and 12 to follow immediately after the Consent Calendar and Item No. 9 to follow after Regular Business. The motion passed by the following roll call vote: AYES: Long, Stern, Wolowicz, and Mayor Clark NOES: None City Council Minutes Adjourned Regular Meeting June 30, 2009 Page 2 of 12 ABSENT: Gardiner 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 (301) Approved the Minutes of the May 19, 2009 Regular Meeting and the May 26, 2009 Special Meeting. Adoption of Ordinance No. 490 —Terranea Resort— Request for Financial Assistance Using Future Transient Occupancy Tax Revenue (1804) This item was removed from the Consent Calendar and considered separately. Adoption of Ordinance No. 491 —Zone Text Amendment to the Commercial Limited (CL) Zoning District (Case No. ZON2009-00034) (1801) ADOPTED ORDINANCE NO. 491, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, A CITY INITIATED PROPOSAL TO AMEND CHAPTER 17.14 OF TITLE 17 OF THE CITY'S MUNICIPAL CODE PERTAINING TO THE CL ZONING DISTRICT. Adoption of Ordinance No. 492 -On-Street Parking of Oversized Vehicles (1502) This item was removed from the Consent Calendar and considered separately. Adoption of Ordinance No. 493 -An Ordinance of the City of Rancho Palos Verdes, Modifying the Parking Permit Procedures and Amending the Rancho Palos Verdes Municipal Code (1502) ADOPTED ORDINANCE NO. 493, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, MODIFYING THE PARKING PERMIT PROCEDURES AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. Adoption of City Budget for Fiscal Year 2009-2010 (602) This item was removed from the Consent Calendar and considered separately. Extension to Lease Agreement with New Cingular Wireless Associated with the Monopole at City Hall (1601 X 1201) City Council Minutes Adjourned Regular Meeting June 30, 2009 Page 3 of 12 Approved the Second Amendment to the Lease Agreement with New Cingular Wireless to extend the term of the agreement to June 30, 2014. Two-Month Extension to the Tolling Agreement with Los Angeles County and the Current Sheriff's Contract (1206) This item was removed from the Consent Calendar and considered separately. 2009 Five-Year Financial Model (602) Approved the 2009 Five-Year Financial Model ("2009 Model"). Annual Appropriation Limit for FY09-10 (602) ADOPTED RESOLUTION NO. 2009-39, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ESTABLISHING THE CITY'S APPROPRIATION LIMIT FOR FY09-10. Appeal of the Planning Commission's Approval of Case No. ZON2007-00046 (Variance and Coastal Permit) for Property Located at 24 Sea Cove Drive (1804) This item was removed from the Consent Calendar and considered separately. Professional Services Agreement for Grant Management (602) Authorized the Mayor and City Clerk to execute the proposed Professional Services Agreement with Blais & Associates to provide grant management services to the City. ITEMS REMOVED FROM THE CONSENT CALENDAR: Adoption of Ordinance No. 490 —Terranea Resort— Request for Financial Assistance Using Future Transient Occupancy Tax Revenue (1804) Councilman Long recused himself from discussion of this item and left the dais at 7:30 P.M. Mayor Pro Tem Wolowicz stated that he did not recall a discussion of an issue regarding the payment of a registration fee in order for residents to be able to obtain resident discounts at the Terranea Resort, and requested that the requirement be removed from the ordinance. Mayor Clark indicated that he did not remember a discussion of that requirement either. City Council Minutes Adjourned Regular Meeting June 30, 2009 Page 4 of 12 City Attorney Lynch reported that the discounts were included in previous drafts, but noted that if Council Members were in agreement, the language pertaining to the required registration fee could be removed from the ordinance. Council and staff discussion ensued regarding the inclusion and wording of a 10% resident discount on food and beverages, including alcoholic beverages, at the Terranea Resort, as well as the removal of any registration fee associated with individuals qualifying for the resident discount. Mayor Pro Tem Wolowicz moved, seconded by Mayor Clark, to REINTRODUCE ORDINANCE NO. 490, AS AMENDED, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, ESTABLISHING A HOTEL INCENTIVE PROGRAM AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. The motion carried by the following vote: AYES: Stern, Wolowicz, and Mayor Clark NOES: None ABSENT: Long (Recused) and Gardiner ABSTAIN: None Councilman Long returned to the dais at 7:36 P.M. Adoption of Ordinance No. 492 - On-Street Parking of Oversized Vehicles (1502) Mayor Clark moved, seconded by Mayor Pro Tern Wolowicz, to ADOPT ORDINANCE NO. 492, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CREATING CHAPTER 10.36 (ON-STREET PARKING OF OVERSIZED VEHICLES) OF TITLE 10 OF THE RANCHO PALOS VERDES MUNICIPAL CODE. The motion carried on the following roll call vote: AYES: Stern, Wolowicz, and Mayor Clark NOES: Long ABSENT: Gardiner Adoption of City Budget for Fiscal Year 2009-2010 (602) Tom Redfield, Rancho Palos Verdes, expressed concern with the elimination of the Sheriff's Community Services Assistant (CSA) position from the City's budget. He noted that this person is responsible for directing traffic control at Miraleste Intermediate School, which he believed provided an important service to the City. City Council Minutes Adjourned Regular Meeting June 30, 2009 Page 5 of 12 City Manager Lehr indicated that the proposed Budget had included the Regional Community Services Assistant position to continue providing traffic direction services during peak hours at Miraleste Intermediate School. Councilman Long moved, seconded by Mayor Pro Tem Wolowicz, to ADOPT RESOLUTION NO. 2009-40, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING A BUDGET APPROPRIATION AND ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2009-2010. The motion carried on the following roll call vote: AYES: Long, Stern, Wolowicz, and Mayor Clark NOES: None ABSENT: Gardiner Appeal of the Planning Commission's Approval of Case No. ZON2007-00046 (Variance and Coastal Permit) for Property Located at 24 Sea Cove Drive (1804) Mayor Pro Tem Wolowicz stated that he would be requesting that this item be continued for a one month period to allow staff ample time to gather additional information regarding this item. Pamela Simes, Rancho Palos Verdes, stated that she believed the Council should move forward to adopt the resolution proposed at the June 2, 2009 City Council Meeting, and noted that Mr. Conroy had demonstrated a total lack of regard for the law and City codes by proceeding with unpermitted construction on his property. Mayor Pro Tem Wolowicz moved, seconded by Councilman Stern, to continue the item to the July 21, 2009 City Council meeting to allow staff sufficient time to gather additional information regarding this matter. The motion carried on the following roll call vote: AYES: Long, Stern, Wolowicz, and Mayor Clark NOES: None ABSENT: Gardiner # # # # # # PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA: REGULAR NEW BUSINESS: Increase of Transient Occupancy Tax (TOT) Rate (1501) City Council Minutes Adjourned Regular Meeting June 30, 2009 Page 6 of 12 City Clerk Morreale reported distributing late correspondence prior to the meeting regarding this item. City Attorney Lynch clarified that in order for this item to be placed on the ballot, it would require an affirmative vote by all Council Members present to place the measure on the ballot and introduce the ordinance. She noted that the argument in favor of the ballot measure would be due in two weeks, unless the Council wished to review the language, which would require the matter to be placed on the next agenda in one week's time. Mayor Clark moved, seconded by Mayor Pro Tern Wolowicz, to approve the staff recommendation. Council and staff discussion included the following issues: TOT levels for cities with resorts similar to that of the Terranea Resort; the increase as creating a separate revenue stream for the City as a result of the TOT Rebate Arrangement with the Terranea Resort; the suggestion to consider the sunset of the TOT upon the full repayment of the TOT Rebate Arrangement by Terranea; the City's need for the funds and numerous cities in Southern California with 12% or higher TOT rates; disagreement with the suggestion to sunset the TOT increase due to the City of Rancho Palos Verdes' low per capita rate spent per resident and the need for funds for improvements to the City infrastructure; the ability of another Council or the voters to repeal the increase; options available to the Council to allow flexibility; timing of the consideration of the increase in the TOT is due to the Council's previous decision to agree to the TOT Rebate Arrangement with Terranea Resort; and, concern with fairness to businesses in the City. Mayor Clark moved, seconded by Mayor Pro Tern Wolowicz, to 1) ADOPT RESOLUTION NO. 2009-41, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ORDERING THAT A MEASURE RELATED TO INCREASING THE CITY'S TRANSIENT OCCUPANCY TAX BE SUBMITTED TO THE VOTERS AT THE REGULAR MUNICIPAL ELECTION ON NOVEMBER 3, 2009; and, 2) INTRODUCE ORDINANCE NO. 494, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING THE PROVISIONS OF MUNICIPAL CODE SECTION 3.16.030 TO INCREASE THE RATE OF THE CITY'S EXISTING UNIFORM TRANSIENT OCCUPANCY TAX FROM TEN PERCENT (10%) TO TWELVE PERCENT (12%). The motion carried on the following vote: AYES: Long, Stern, Wolowicz, and Mayor Clark NOES: None ABSENT: Gardiner City Council Minutes Adjourned Regular Meeting June 30, 2009 Page 7 of 12 Council and staff discussion ensued regarding the following issues: the next steps in the process for the preparation of the Argument in Favor of the Measure for the ballot, including the selection of members of Council to draft the Argument in Favor of the Measure; the preparation of the Argument by the two selected Council Members; and the transmittal of the Argument once written to the other Council Members for signature without bringing the item back to the full Council. Mayor Clark moved, seconded by Mayor Pro Tem Wolowicz, to authorize Mayor Clark and Councilman Stern to draft the Argument in Favor of the Measure. Without objection, Mayor Clark so ordered. November 3, 2009 General Municipal Election (501) Mayor Clark moved to waive the staff report on this item, and without objection, he so ordered. Councilman Stern read the part of the California Constitution that declares that all judicial, school, County and City offices shall be non-partisan. He expressed concern with people fraudulently claiming that a candidate is affiliated with one party or another and encouraged residents to research candidates for themselves. Mayor Pro Tem Wolowicz stated that he was pleased with the quality of the candidates who have declared their candidacy in the November 3, 2009 Municipal Election. Mayor Clark moved, seconded by Councilman Stern and Mayor Pro Tem Wolowicz to 1) ADOPT RESOLUTION NO. 2009-42, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2009, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO INCREASING THE RATE OF THE CITY'S TRANSIENT OCCUPANCY TAX; 2) ADOPT RESOLUTION NO. 2009-43, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION OF SAID CITY TO BE HELD ON NOVEMBER 3, 2009 WITH THE SCHOOL DISTRICT AND LIBRARY DISTRICT ELECTIONS TO BE HELD ON SAID DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE; 3) ADOPT RESOLUTION NO. 2009-44, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2009; 4) ADOPT RESOLUTION NO. 2009-45, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, SETTING PRIORITIES FOR FILING A City Council Minutes Adjourned Regular Meeting June 30, 2009 Page 8 of 12 WRITTEN ARGUMENT REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS; and, 5) ADOPT RESOLUTION NO. 2009-46, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS. The motion carried on the following roll call vote: AYES: Long, Stern, Wolowicz, and Mayor Clark NOES: None ABSENT: Gardiner City Council's Proposal for Restructuring the Equestrian Committee (1808) City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were requests to speak on the item. Councilman Long moved, seconded by Mayor Clark, to waive the staff report. Richard Bara, Rancho Palos Verdes, stated that he expressed support to retain the Equestrian Committee until the Equestrian Park is completed, with a return to monthly meetings instead of bi-monthly meetings. Responding to Councilman Stern, Mr. Bara agreed that if an Ad Hoc Committee were created, it would make sense to assign that Committee the task of completing the Equestrian Park. Gordon Leon, Rancho Palos Verdes, agreed that it made sense to assign the Ad Hoc Committee the task of completing the Equestrian Park. He expressed concern with the reduction of officially sanctioned committees as he felt the City would become more insular. Council and staff ensued regarding the following issues: the former Recreation and Parks Committee and its assignments; the merits of going from five members to three members for an Ad Hoc Equestrian Committee; and, other committees that have performed significant work and were later sunsetted. Mayor Clark moved, seconded by Councilman Stern, to approve the staff recommendation. Mayor Pro Tem Wolowicz proposed an amendment, seconded by Councilman Long, to reduce the Equestrian Committee to a three-member Ad Hoc Committee. Additional discussion between the Council and staff included the following topics: whether five members would provide greater flexibility for the availability of a quorum of City Council Minutes Adjourned Regular Meeting June 30, 2009 Page 9 of 12 the members of the Ad Hoc Committee; the efficiency of a small Ad Hoc Committee to use those members for advisory purposes, upon very short notice; whether a quorum would be necessary and the purpose of additional members being useful in the instances where a member must recuse himself; and, a suggestion to approve with the staff recommendation and reevaluate the situation in six months. Mayor Pro Tem Wolowicz withdrew his amendment. Mayor Clark moved, seconded by Councilmember Stern, to: 1) Sunset the present Equestrian Committee; 2) Appoint a three-member Equestrian Advisory Ad-Hoc Committee at the July 7, 2009 Council meeting, with staff to return to Council with an evaluation of membership size in January 2010; 3) Direct Staff to prepare a work plan for the new Ad-hoc Committee for City Council approval; and, 4) Transfer the permit review activity dictated by the Development Code from the current Equestrian Committee to the Planning Commission. The motion carried on the following roll call vote: AYES: Long, Stern, Wolowicz, and Mayor Clark NOES: None ABSENT: Gardiner City Council Rules of Procedure — Regular Meeting Start and Stop Times (306) Mayor Clark inquired if there was a need for a staff report on the item, and without objection he ordered the waiving of the staff report. Mayor Clark stated that he had forgotten that the Council had adopted a rule that it takes a majority of the Council to extend the meeting beyond the 11:30 P.M. end time or take new business after 10:30 P.M. • Council and staff discussion included the 11:30 P.M. hard stop time and a possible concern with truncating the discussion of certain issues. Councilman Stern moved, seconded by Councilman Long, to table the item. The motion carried on the following roll call vote: AYES: Long, Stern, Wolowicz, and Mayor Clark NOES: None ABSENT: Gardiner Amendment to the City Manager's Employment Agreement (1101) This item was removed from the agenda. City Council Minutes Adjourned Regular Meeting June 30, 2009 Page 10 of 12 Two-Month Extension to the Tolling Agreement with Los Angeles County and the Current Sheriff's Contract (1206) In response to a request by Mayor Pro Tern Wolowicz, Councilman Stern reported on the status of the contract between 40 cities and the County of Los Angeles regarding the Sheriff's Contract and the existing Liability Trust Fund. Mayor Pro Tern Wolowicz moved, seconded by Councilman Long, to: 1) Authorize the Mayor to execute a two-month extension to the Tolling Agreement with the County of Los Angeles, which will replace the one-year Tolling Agreement previously approved by the City Council on June 2, 2009; and, 2) Authorize the Mayor and the City Clerk to execute a two-month extension to the 2004 Five-Year City-County Law Enforcement Services Agreement, which will replace the one-year extension previously authorized by the City Council on June 2, 2009. The motion carried on the following roll call vote: AYES: Long, Stern, Wolowicz, and Mayor Clark NOES: None ABSENT: Gardiner CITY COUNCIL ORAL REPORTS: Councilman Long and Councilman Stern reported on their attendance at the Terranea Grand Opening Gala event on June 27, 2009. Mayor Pro Tern Wolowicz reported on his participation in the following events: the Mayor's Breakfast on May 22, 2009; a phone conference meeting with the Terranea Subcommittee on June 4, 2009; a meeting with community representatives regarding the Valero Gas Station on June 6, 2009; a presentation by the Annenberg Foundation regarding plans for the development of the Annenberg Center at Lower Point Vicente Park on June 10, 2009; the Terranea Grand Opening on June 12, 2009; the Pt. Vicente Interpretive Center Docent's Annual Appreciation Awards on June 13, 2009; a meeting of the Council of Homeowners Associations, where he spoke regarding issues related to the Terranea Resort TOT Rebate Arrangement, on June 17, 2009; the Executive Board Conference Dinner for the California Contract Cities on June 19, 2009 and the Contract Cities day-long planning meeting on June 20, 2009; and a phone conference with the Audit Committee regarding the Annual Financial Statement on June 22, 2009. Councilmember Long also reported on his participation in the following events: the annual American Cancer Society Relay for Life at Peninsula High School on June 20, 2009; and, he noted that the Terranea Grand Opening was a charity event that raised $175,000 for the Los Angeles Children's Hospital. City Council Minutes Adjourned Regular Meeting June 30, 2009 Page 11 of 12 Mayor Clark reported on his participation in the following events: the Green Hills Memorial Park Memorial Day event on May 25, 2009; a meeting at the Palos Verdes Peninsula Library regarding the collaboration among the jurisdictions on the Peninsula on June 22, 2009; and, the swearing in ceremony for Councilwoman Janice Hahn at the Banning Museum on June 27, 2009. Mayor Pro Tem Wolowicz reported being tasked by the Council and staff to follow up with Los Angeles County Supervisor Don Knabe regarding a potential grant to purchase emergency supplies for the City. COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS: Mayor Clark requested a future agenda item regarding an interim review of the City Manager after the Tactical Goals Status Update is provided to the Council. CLOSED SESSION REPORT: City Attorney Lynch reported that with respect to the potential litigation based on a threat of litigation received in a letter from Mr. Brant H. Dveirin, attorney for Mr. and Mrs. Conroy, a report was provided but no action taken, with Councilman Gardiner absent from the Closed Session. ADJOURNMENT: At 8:58 P.M., Mayor Clark adjourned the meeting to Tuesday, July 7, 2009 at 5:30 P.M. at McCarrell Canyon Drainage Project Site located at 6359 Tarragon Road for an Adjourned Regular Meeting and Ribbon Cutting Ceremony. /40 'ftrie (141,,It Mayor Attest: a&& 1 City Clerk W:\City Council Minutes\2009\20090630 CC MINS ADJ MTG.doc City Council Minutes Adjourned Regular Meeting June 30, 2009 Page 12 of 12