CC MINS 20091117 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
NOVEMBER 17, 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.
The meeting reconvened at 7:03 P.M.
City Council roll call was answered as follows:
PRESENT: Dyda, Long, Stern, Wolowicz, and Mayor Clark
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; Joel Rojas, Director of Community Development; Ron Rosenfeld, Director
of Recreation and Parks; Ray Holland, Interim Director of Public Works; Eric Mausser,
Human Resources Manager; Ara Mihranian, Principal Planner; Ron Dragoo, Senior
Engineer; Nicole Jules, Senior Engineer; Sara Singer, Senior Administrative Analyst;
Matt Waters, Senior Administrative Analyst; Lauren Ramezani, Senior Administrative
Analyst; and, Carla Morreale, City Clerk.
Also present were Council Members Elect Brian Campbell and Anthony Misetich.
FLAG SALUTE:
The Presentation of the Colors and the Flag Salute was led by Boy Scout Troop 658.
MAYOR'S ANNOUNCEMENTS:
Mayor Clark announced the recent passing of former Mayor John C. McTaggart and
provided a presentation of some of the highlights of his life. Mayor Clark presented a
proclamation to Rolling Hills Estates Mayor Judy Mitchell who served as the 2009
President of the League of California Cities.
State Assemblywoman Bonnie Lowenthal, 54th District, provided an update on the State
budget and legislation that she sponsored that was signed into law. She presented
Mayor Clark with a Certificate of Appreciation for his service as Mayor, Councilman and
Coastal Commissioner.
RECYCLE DRAWING:
Mayor Clark announced Recyclers of the Month from the November 4, 2009 City
Council meeting: Kamal Keroles and Issac C. Reese. He indicated that all winners
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November 17, 2009
Page 1 of 13
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 AGENDA:
Councilman Dyda moved, seconded by Mayor Clark, to approve the agenda as
presented.
Without objection, Mayor Clark so ordered.
PUBLIC COMMENTS:
None.
CITY MANAGER REPORT:
None.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
Councilman Dyda and Councilman Stern stated that they would like to comment on Item
No. 5 (Grant Agreement with the California State Coastal Conservancy for Funds
Related to the Purchase of Real Property - Upper Filiorum) prior to the roll call vote on
the Consent Calendar.
Councilman Dyda stated that he was in support of the Grant Agreement with the
Coastal Conservancy to purchase open space land. He reported that one of the original
goals of the City after incorporation was to preserve open space. He reported that
shortly after the City was incorporated it purchased five vacant lots from the Palos
Verdes Unified School District which was later developed into Hesse Park and four
other park properties.
Councilman Stern reported that the City is the recipient of a $5.5 million grant to
purchase open space and thanked the following people for their letters of support:
Congressman Dana Rohrbacher, California State Senators Ed Vincent and Jenny
Oropeza, Assemblywoman Betty Karnette, Supervisor Don Knabe, City of Rolling Hills
former Mayor Frank Hill; Palos Verdes Estates Mayor Joseph Sherwood, and City of
Rolling Hills Estates former Mayor Susan Seamans.
Councilman Long moved, seconded by Councilman Stern, to approve the Consent
Calendar, as presented.
The motion passed on the following roll call vote:
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November 17, 2009
Page 2 of 13
AYES: Dyda, Long, Stern, Wolowicz, and Mayor Clark
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 (301)
Approved the Minutes of the October 6, 2009 Regular Meeting.
City Hall Campus Generator System Installation Project (1204)
1) Approved plans and specifications for the subject project; 2) Awarded a construction
contract for City Hall Campus Power Generator System Installation to Unique
Performance Construction, Inc. in the amount not to exceed $209,500 for the base bid,
plus $8,500 for Add Alternate 1 and authorized staff to spend an additional 10%
($21,800) for potential change orders which may result from unforeseen conditions for a
total authorization of$239,800; 3) Authorized the Mayor and City Clerk to execute the
construction contract with Unique Performance Construction, Inc.; and, 4) ADOPTED
RESOLUTION NO. 2009-81, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, AMENDING RESOLUTION 2009-40, THE CITY'S
BUDGET APPROPRIATION FOR FISCAL YEAR 2009-10, FOR A BUDGET
ADJUSTMENT TO THE CITY'S BUILDING REPLACEMENT/ IMPROVEMENTS FUND
IN THE AMOUNT OF $26,900.
Approval of Annual Commercial Hauler Agreements for 2010 (1301)
1) Authorized the Mayor and the City Clerk to execute one year non-exclusive
commercial refuse collection and disposal services agreements for 2010 with eleven
haulers: Arakelian Enterprises, Inc., dba Athens Services; California Waste Services,
LLC; CalMet Services, Inc.; Consolidated Disposal Service, LLC; Easy Roll Off
Services; EDCO Disposal Corporation; JJK Roll-Offs, Inc.; S & H Disposal Company &
Recycling Services; Universal Waste Systems, Inc.; USA Waste of California, Inc., dba
Waste Management of Los Angeles; and, West Coast Waste & Roll Off Service; and, 2)
ADOPTED RESOLUTION NO. 2009-82, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, LIMITING THE NUMBER OF HAULERS
AUTHORIZED TO PROVIDE SOLID WASTE COLLECTION AND RECYCLING
SERVICES FROM COMMERCIAL PREMISES, AND ROLL OFF SERVICES TO
RESIDENTIAL AND COMMERCIAL PREMISES IN THE CITY OF RANCHO PALOS
VERDES IN CALENDAR YEAR 2010.
Grant Agreement with the California State Coastal Conservancy (SCC) for Funds
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November 17, 2009
Page 3 of 13
Related to the Purchase of Real Property (Upper Filiorum) (950)
ADOPTED RESOLUTION NO. 2009-83, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, AUTHORIZING THE EXECUTION OF THE
GRANT AGREEMENT BETWEEN THE CITY AND THE CALIFORNIA STATE
COASTAL CONSERVANCY (SCC) AND AGREEING TO ALL OF THE AGREEMENT'S
TERMS AND CONDITIONS RELATED TO THE SCC'S $5.5 MILLION GRANT FOR
THE ACQUISITION OF 160.5 ACRES OF REAL PROPERTY KNOWN AS UPPER
FILIORUM.
Award Construction Contract for Catch Basin Improvements (1204)
1) Approved the Plans and Specifications for the construction of the Palos Verdes Drive
East (PVDE) Storm Drain Catch Basin Improvements; 2) Awarded a Construction
Contract to S.P. Pazargad Engineering Construction, Inc., in the amount of$68,475, for
the construction of the PVDE Storm Drain Catch Basin Improvements, and authorized
the expenditure of up to $10,000 for possible extra work; 3) Awarded a contract for
professional services to KOA Corporation/CBM Consulting in the not to exceed amount
of$17,000 for Construction Management and Inspection services; and, 4) Authorized
the Mayor and City Clerk to execute the contracts with S.P. Pazargad Engineering
Construction, Inc. and KOA Corporation/CBM Consulting.
Notice of Completion — McCarrell Canyon Storm Drain Project (604)
1) Accepted the work as complete; 2) Authorized the City Clerk to file a Notice of
Completion with the County Recorder; and if no claims are filed within 35 days after
recordation, notice the surety company to exonerate the Payment and Performance
bonds; and; 3) Authorized the Director of Public Works to release the remaining 5%
retention payment, to Cedro Construction, Inc. 35 days after recordation of the Notice of
Completion by the County Recorder contingent upon no claims being filed on the project
bond.
Sewer System Report (1402)
1) Received and filed the Sewer Master Plan Update; 2) ADOPTED RESOLUTION NO.
2009-84, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, AMENDING RESOLUTION 2009-40, THE BUDGET
APPROPRIATION FOR FISCAL YEAR 2009-10, FOR A BUDGET ADJUSTMENT IN
THE AMOUNT OF $55,000 TO THE CITY'S SEWER MAINTENANCE —
PROFESSIONAL TECHNICAL SERVICES PROGRAM (ACCOUNT NUMBER 101-
3026-431-32-00); and, 3) Authorized the Mayor and City Clerk to execute a contract
with Harris and Associates (Attachment D) for the purpose of developing funding
options for citywide sewer maintenance and sewer capital improvements.
Claim Against the City by Phil Fried! (303)
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November 17, 2009
Page 4 of 13
Rejected the claim and directed staff to notify the claimant.
Register of Demands
ADOPTED RESOLUTION NO. 2009-85, 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.
# # # # # #
PUBLIC HEARINGS:
Approve the Maximum Residential Solid Waste Rates for Service Area 1, Approve
the Solid Waste Agreement and Authorize the Mayor and City Clerk to Execute
the Residential Solid Waste Agreement Approved by the City Council (1301)
City Clerk Morreale reported that notice of the public hearing was duly published, no
written protests received, and late correspondence distributed prior to the meeting
regarding the item.
Mayor Clark reported that on November 4, 2009 the City Council selected EDCO
Disposal as the City's Residential Solid Waste Hauler for Service Area 1, and that the
current item before Council was to determine the residential solid waste rates and
review the contract for approval and signature.
Senior Administrative Analyst Ramezani provided a staff report and PowerPoint
presentation regarding the item.
Mayor Clark declared the public hearing open.
Steve South, President of EDCO Disposal, stated that his company will work directly
with staff to deliver a comprehensive initial educational program by the use of
workshops, direct mail pieces, continuing follow-up, a quarterly newspaper, and through
their website for residents.
Gary Clifford, Athens Services, stated that he requested that the City Council reconsider
its decision for residential solid waste hauling for Service Area 1, noting that the City
would save $7 million over the life of the contract if Athens Services was selected.
Bob Bush, Rancho Palos Verdes, requested that the item be continued for final decision
until the next month when the newly elected Council Members are seated.
Mayor Clark declared the public hearing closed.
Mayor Clark moved, seconded by Councilman Dyda, to approve the staff
recommendation to 1) Approve the maximum rates that EDCO Disposal Corporation
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November 17, 2009
Page 5 of 13
can charge single-family customers in FY 10-11, for Service Area 1, as set forth in
Exhibit 4; 2)Approve the maximum rates that EDCO Disposal Corporation can charge
multi-family customers in FY 10-11, for Service Area 1, as set forth in Exhibit 4; and,
3) In accordance with prior City Council direction, to authorize the Mayor and City Clerk
to execute the exclusive residential solid waste agreement with EDCO Disposal
Corporation, for Service Area 1, with services effective July 1, 2010.
The motion carried on the following roll call vote:
AYES: Dyda, Wolowicz, and Mayor Clark
NOES: Long and Stern
ABSENT: None
RECESS AND RECONVENE:
Mayor Clark called a brief recess from 8:33 P.M. to 8:44 P.M.
Approval of Amendment and Residential Solid Waste Rates for Service Area 2
(1301)
City Clerk Morreale reported that notice of the public hearing was duly published, no
written protests received, and late correspondence distributed prior to the meeting
regarding the item.
Mayor Clark declared the public hearing open.
Senior Administrative Analyst Ramezani provided a staff report and PowerPoint
presentation regarding the item including the provision of the following: background
information; key service provisions of the contract; and staff's proposed actions to
approve the First Amendment to the Agreement as negotiated with Universal Waste
Systems, Inc., approve the maximum rate for single-family residences; and approve the
maximum rate for multi-family residences.
Mark Blackburn, President, Universal Waste Systems, Inc. stated that his company has
been servicing the smaller and more difficult area for six years and appreciated the
opportunity to continue working with the City of Rancho Palos Verdes.
Mayor Clark declared the public hearing closed.
Mayor Pro Tem Wolowicz moved, seconded by Councilman Stern, to approve the staff
recommendation to 1) Approve First Amendment to Universal Waste Systems, Inc.'s
negotiated agreement; 2) Approve the maximum rates that Universal Waste Systems,
Inc. can charge single-family curbside and single-family backyard customers in FY 10-
11, for Service Area 2, as set forth in Exhibit 4; and, 3) Approve the maximum rates that
Universal Waste Systems, Inc. can charge multi-family customers in FY 10-11, for
Service Area 2, as set forth in Exhibit 4.
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November 17, 2009
Page 6 of 13
The motion carried on the following roll call vote:
AYES: Dyda, Stern, Wolowicz, and Mayor Clark
NOES: Long
ABSENT: None
PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:
REGULAR NEW BUSINESS:
Conceptual Recreation Designs for Grandview and Lower Hesse Parks (1201)
City Manager Lehr introduced the Conceptual Recreation Designs for Grandview Park
and Lower Hesse Park as part of a current Council adopted tactical goal and the City's
Parks Master Plan of 1989. She noted that staff and several Council Members have
reached out to the immediate neighborhoods surrounding the parks with presentations
at homeowner association meetings to obtain feedback in order to minimize the impact
to the adjacent properties.
Senior Administrative Analyst Sara Singer provided an overview of the background
information and utilization of City documents in the development of the Conceptual
Plans; reviewed the City Council Tactical Goal to improve the City's recreational and
educational facilities by expanding opportunities for active recreational uses and
improving access to all parks; and briefly discussed public safety issues.
Principal Planner Mihranian provided a staff report and PowerPoint presentation on the
staff prepared Conceptual Plan for Lower Hesse Park including photographs of the site
in its current state, the existing improvements, and plans to enhance the aesthetics of
the site. He reported that staff performed site visits and assessments, modified its
original plans as a result of public comments from the neighborhood meeting, and
recommended the addition of the following amenities for Lower Hesse Park: a dog
park; an open lawn area; tennis courts; a basketball court; repairs to the existing
volleyball court; expanded parking; the addition of picnic areas and viewing areas; an
expanded trail network; the addition of a bathroom facility; the provision of a landscape
buffer between activity areas and adjacent homes; perimeter fencing; and, the use of
drought tolerant plants and landscaping to enhance the site.
Principal Planner Mihranian then provided a staff report and PowerPoint presentation on
the staff prepared Conceptual Plan for Grandview Park including the following topics:
background and topographical information; photographs of the site in its current
undeveloped state; and, viewing sites at the park location. He reported that staff
performed site visits and assessments, received input from neighborhs surrounding the
park, and recommended the following site improvements: enhancement of the existing
network of trails for bicycles and pedestrians; a 50 vehicle parking lot; training par
course for physical activity; playground, daycare, and picnic and viewing nodes; a
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November 17, 2009
Page 7 of 13
divided dog park for large and small dogs; cycling trails; a bathroom facility and storage
structure; and, the provision of a landscape buffer between activity areas and adjacent
homes.
Principal Planner Mihranian provided illustrations of examples of park amenities
including picnic tables and benches, shade structures, trash receptacles, drinking
fountains for people and dogs, playground equipment, recreational courts and fencing,
and par course, surface materials and fencing for dog parks, and types of bridges and
landscaping for the parks.
Michael Neilson, President, Grandview Country Club Estates Homeowners Association
(HOA), Rancho Palos Verdes, stated that Grandview Park is a park with active trail
utilization at the present time; expressed concern with the increase in the number of
parking spaces; opined that dog parks and playgrounds are noisy activities; and
suggested that Grandview Park be allowed to remain a more passive park site.
Bernie Slotnick, Rancho Palos Verdes, stated that he and his family have used
Grandview Park for years; stated that he was not certain there was a need for a
playground since there was one a few blocks away; and reported that he was in favor of
the viewing area and walking area, but also in favor of keeping Grandview Park as a
less active park.
Steve Saporito, Rancho Palos Verdes, expressed concern with the dwindling open
space in the vicinity of Grandview Park, noting that it would be sad to lose the
undisturbed trails and natural habitat and animals in that area.
Thomas Wang, Rancho Palos Verdes, spoke in opposition to the proposed plans due to
the location of the parking lot close to his home, problems with trash littering, concern
with late night activities, traffic in the neighborhood, and the cost of maintenance of the
park.
Noel Park, Pacific View HOA, Rancho Palos Verdes, stated that he was encouraged to
see the modifications to the Lower Hesse Park plan as a result of public input, and
expressed concern for the affect of the active uses of the park on the homes that are
adjacent to the park.
Martin Dodell, Rancho Palos Verdes, stated that he expected Grandview Park to be
developed for use by the entire community; noted that the current plan seemed to be
too intense for the size of the park; and noted although he was in favor of some of the
conceptual improvements, the plan eliminated the appeal of open space.
Sam lmai, Rancho Palos Verdes, reported that Grandview Park is frequently used by
neighbors and others from the Peninsula for exercising their dogs; expressed concern
for an increase in maintenance costs for the site if a playground is developed; and,
stated that many of the neighbors would have concerns regarding the monitoring of
people using the park if the parking lot is filled.
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November 17, 2009
Page 8 of 13
Bruce Megowan, Palos Verdes Dog Parks, Palos Verdes Estates, stated that there is a
great need for a dog park on the Peninsula, noting that he represents a group who has
collected 814 signatures, 359 from Rancho Palos Verdes residents, on petitions in
support of a dog park on the Peninsula. He stated that dog parks are not particularly
noisy, but that there should be a buffer between a dog park and the adjacent homes to
address potential noise impacts resulting from users due to the popularity of such a site.
Candy Fletcher, Rancho Palos Verdes, stated that there is a significant westerly wind
daily from Grandview Park and noted concerns with noise and conditions that would
change for nearby residences. She stated that she is in support of the landscaping and
trails, but encouraged the Council to do all it could to maintain the semi-rural ambiance
that currently exists at Grandview Park.
David Aikins, Rancho Palos Verdes, stated that he enjoys the park in its current state
and opined that the parking lot seems like a mistake
Ruth Schafer, Palos Verdes Estates, stated that she is in favor of parks that will draw
people together to interact with each other and expressed support for playgrounds, dog
parks, and gathering places for people.
Jim Moore, Pacific View HOA, Rancho Palos Verdes, stated that Lower Hesse Park has
been a passive park for a number of years and commented on the actual costs of
designing, developing and maintaining Lower Hesse Park. He expressed concern for
the removal of some of the trails and trees in the area in order to build a basketball court
and tennis courts.
Flora Lee, Rancho Palos Verdes, stated that her family was concerned with basketball
courts and the unsupervised teenage crowd it might draw, dog parks, and the reduction
in trails at the park.
Principal Planner Mihranian provided additional information in response to the public
comments regarding the trails, parking lot and street parking, landscaping, and other
amenities of Lower Hesse Park; and additional information regarding the number of
parking spaces, landscaping, trails, open space, cycling area, and other amenities at
Grandview Park.
Councilman Long moved, seconded by Councilman Stern, to approve the staff
recommendation to: 1) Approve conceptual improvement plans for Grandview Park and
Lower Hesse Park and directed staff to prepare design plans for Lower Hesse and
Grandview Park, with community input and plans to be brought back to Council for
approval; and, 2) ADOPT RESOLUTION NO. 2009-86, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AUTHORIZING STAFF TO
EXPEND AN AMOUNT NOT TO EXCEED $50,000, TO FUND COMPLETION OF THE
CONCEPTUAL DESIGN.
City Council Minutes
November 17, 2009
Page 9 of 13
The motion carried on the following roll call vote:
AYES: Dyda, Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: None
RECESS AND RECONVENE:
Mayor Clark called a brief recess from 10:51 P.M. to 11:04 P.M.
Location for a Dog Park on the Peninsula (1201)
Mayor Clark provided a brief oral staff report regarding this item highlighting the need
for a dog park on the Peninsula and possible locations for dog parks.
Bruce Megowan, Palos Verdes Estates, commented on the need for dog parks on the
Peninsula.
No action taken.
Civic Center Master Plan (1201)
Deputy City Manager Petru provided a staff report regarding this item. She reported
that the idea for a Civic Center was as old as the City itself, noting that there were
approximately 15-20 acres in the upper plateau area at Upper Pointe Vicente Park
available to be developed as a Civic Center and that options to remodel the existing
building were limited if not impossible due to the changes in building codes,
environmental regulations, and ADA and energy efficiency requirements. She
explained that the Council authorized advanced planning for a Civic Center concept in
2004, and a preliminary concept proposal for a Civic Center Master Plan comprised of a
City Hall, Village Green, Community Center, Cultural Center, and centralized parking
was presented to Council in March 2005 and incorporated in the Coast Vision Plan.
Deputy City Manager Petru explained the next steps to secure consultants to assist the
City with a space planning analysis, site planning, and financial planning. She
explained the priorities as outlined in staff's recommendation and the request for
Council to authorize the establishment of a dedicated Civic Center Reserve as a partial
funding source for the project.
Councilman Long moved, seconded by Councilman Stern, to approve the staff
recommendation to initiate a formal Master Plan of the Civic Center site by taking the
following actions to: 1)Authorize staff to retain the services of LPA to prepare space
program and parking needs analysis for City Hall; 2) Authorize staff to retain the
services of Melendrez to advise the City on site planning issues; 3) Authorize staff to
return with a professional services agreement with Magis Advisors, the City's financial
advisor, to assist the City in the development of funding alternatives for the Civic Center
Project, including the replacement of City Hall; and, 4) Establish a dedicated Civic
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November 17, 2009
Page 10 of 13
Center Reserve within the Capital Improvement Projects (CIP) Fund to enable partial
funding of the Civic Center Project and direct staff to return to Council at the Midyear
Budget Review with a recommendation of an amount to transfer from General Fund
Reserves to initially fund the dedicated Civic Center Reserve, as well as the criteria for
on-going contributions to the Reserve.
The motion carried on the following roll call vote:
AYES: Dyda, Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: None
Health Insurance Contributions (902)
Human Resources Manager Mausser presented a brief staff report regarding this item.
He reported that the City would offer the following plans for employees from Blue
Shield: an HMO Plan; an 80/20 PPO Plan; and, a Health Savings Account (HSA) Plan
with a high-deductible pre-funded by the City, with the total health insurance costs for
Plan Year 2010 to be estimated at $592,599.
Councilman Long moved, seconded by Councilman Stern, to ADOPT RESOLUTION
NO. 2009-87, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, AMENDING THE CITY'S MAXIMUM MONTHLY CONTRIBUTION
AMOUNTS FOR EMPLOYEE HEALTH INSURANCE PREMIUMS.
The motion carried on the following roll call vote:
AYES: Dyda, Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: None
Retirement Health Savings Plan (1202)
Senior Administrative Analyst Singer provided a brief staff report regarding the
Retirement Health Savings Plan established by the City Council in March 2007.
Councilman Long moved, seconded by Councilman Stern, to authorize the Mayor to
sign plan documents substantially similar to the attached Basic Plan Document, the
Basic Plan Document Adoption Agreement, the MG Trust Company, LLC Public
Employer VEBA Trust Agreement, the OptumHealth Financial Services Master Service
Agreement and the Schedule of VEBA and Health Reimbursement Arrangement
(VEBA/HRA) and Recordkeeping Administrative Services upon final review and
approval by the City's special counsel; 2) ADOPT RESOLUTION NO. 2009-88, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
AMENDING RESOLUTION 2009-40, THE BUDGET APPROPRIATION FOR FISCAL
YEAR 2009-10, FOR A BUDGET ADJUSTMENT TO THE CITY'S GENERAL FUND
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November 17, 2009
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AND EMPLOYEE BENEFITS FUND; and, 3)ADOPT RESOLUTION NO. 2009-89, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
ESTABLISHING A RETIREMENT HEALTH SAVINGS PLAN.
The motion carried on the following roll call vote:
AYES: Dyda, Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: None
Updated NCCP Preserve Management Agreement between the City and the Palos
Verdes Peninsula Land Conservancy (PVPLC) (1201)
Mayor Clark moved, seconded by Councilman Stern, to continue this item to December
1, 2009.
Without objection, Mayor Clark so ordered.
Transient Occupancy Tax (TOT) Ballot Measure Process (501)
City Attorney Lynch provided a brief staff report regarding this item. She stated that
Mayor Clark had raised the issue regarding whether or not the Los Angeles County
Registrar-Recorder/County Clerk's Office had distributed all of the Official Sample Ballot
and Voter Instructions booklets in time for those with absentee ballots to have the
information in hand in order to vote in an informed manner. She reported that over
6,000 residents received their sample ballots later than they should have and given the
narrow margin of defeat for the TOT Measure, at 138 votes, the late mailing of the
Official Sample Ballot and Voter Instructions booklets could have affected the outcome.
Mayor Clark presented election statistics regarding the ballots cast in the election and
highlighted the problems associated with over 6,000 of the City's residents receiving the
Official Sample Ballot and Voter Instructions, which contained the argument in favor of
the Measure and the City Attorney's Impartial Analysis, just one week prior to the
election.
Mayor Pro Tem Wolowicz moved, seconded by Councilman Long, to direct staff to write
a strongly worded letter to the Los Angeles County Elections Official regarding the
mishandling of the timely mailing of the Official Sample Ballot and Voter Instructions in
the City's November 3, 2009 General Municipal Election and requesting a full refund for
the portion of the election associated with the TOT Measure, with a copy of the letter to
be sent to the Board of Supervisors.
CITY COUNCIL ORAL REPORTS:
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November 17, 2009
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Each Council Member reported on his attendance at various organization and
association meetings since the last City Council Oral Reports were provided on October
6, 2009.
COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS:
Mayor Pro Tern Wolowicz moved, seconded by Councilman Long, to defer this item to
the next Council Meeting.
CLOSED SESSION REPORT:
City Attorney Lynch reported that with respect to the Existing Litigation regarding the
Monks v. City of Rancho Palos Verdes, a report was provided and no action was taken;
with respect to the Potential Litigation that might be filed against the City by Raymond
Green on behalf of Mr. and Mrs. Kuljis, a report was provided and no action was taken;
and, with respect to the Potential Initiation of Litigation against the County of Los
Angeles regarding an Election issue, the Council voted unanimously not to file a lawsuit
against the County, with all five members of the Council present.
ADJOURNMENT:
At 1:13 A.M., Mayor Clark adjourned the meeting in the memory and honor of former
Mayor and former Councilman John C. McTaggart.
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Attest:
City Clerk
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