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CC MINS 20100302 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MARCH 2, 2010 The meeting was called to order at 6:00 P.M. by Mayor Wolowicz at Fred Hesse Community Park, 29301 Hawthorne Boulevard, and was immediately recessed into Closed Session. The meeting reconvened at 7:35 P.M. City Council roll call was answered as follows: PRESENT: Campbell, Long, Misetich, Stern, and Mayor Wolowicz 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; Ray Holland, Director of Public Works; Kathryn Downs, Deputy Director of Finance/Information Technology; Eric Mausser, Human Resources Manager; Nicole Jules, Senior Engineer; Sara Singer, Senior Administrative Analyst; and, Carla Morreale, City Clerk. Also present was Associate City Attorney Shiri Klima. FLAG SALUTE: The Flag Salute was led by Marvin Jackmon, who introduced himself as the new Regional Manager with Southern California Edison. MAYOR'S ANNOUNCEMENTS: Mayor Wolowicz announced the arrival of a new baby daughter for Director of Community Development Rojas and his wife. Mayor Pro Tem Long presented Mayor Wolowicz with license plate holders to commemorate his year as Mayor of the City of Rancho Palos Verdes, on behalf of all of the Council Members. Councilman Stern announced that late correspondence received by noon on Monday the day prior to the Council Meeting will be scanned and distributed by email on Monday to the Council Members. He encouraged the public to take advantage of this procedure to ensure that the Council has ample time to consider their written comments regarding an agenda item prior to the Council meeting. RECYCLE DRAWING: City Council Minutes March 2, 2010 Page 1 of 9 Mayor Wolowicz announced Recyclers of the Month from the February 16, 2010 City Council meeting: Paul Wheeler and Leo Rippo. 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 Stern moved, seconded by Councilman Misetich, to approve the agenda, as presented. Without objection, Mayor Wolowicz so ordered. PUBLIC COMMENTS: Robert Maxwell, Liaison for the Portuguese Bend Community Association, Rancho Palos Verdes, stated that during the recent rains, the runoff from some of the Monks' Plaintiffs lots and the Upper Filiorum area have resulted in flooded areas in the Portuguese Bend Community. He stated that the Board of Directors was making an official request that rain water runoff into the Portuguese Bend Community Association from the Monks' Plaintiffs lots and the Upper Filiorum property be examined as part of the upcoming EIR for this area. Council and staff discussion ensued regarding the EIR that has already been approved for the lots in the Zone 2 area including the Monks' lots, which will evaluate drainage issues for those lots and any cumulative impacts of Future development in the area. Lenee Bilski, Rancho Palos Verdes, stated that she and her neighbors in the Seaview Community were surprised that a new ordinance had been adopted in June regarding changes to the parking permit program. She reported that the current parking permit program in the Seaview area was handled by volunteer residents and worked well; stated that two resolutions had previously been passed regarding the limits and procedures for permit parking in the Seaview area and inquired if that program could remain in effect; noted that the new program did not address weekend parking, which was the period that the Seaview area has its greatest parking problems; and suggested that the neighborhood permit parking program be reevaluated and placed on a future agenda before it was enforced. CITY MANAGER REPORT: City Manager Lehr announced that the temporary closure of the burn area of the Portuguese Bend Preserve due to the August 2, 2009 wildfire has been lifted. She noted that the temporary closure, public education, and enforcement measures have contributed significantly to the recovery of the burn area. City Council Minutes March 2, 2010 Page 2 of 9 COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS: City Manager Lehr reviewed the Future Agenda Items and the estimated time frame for the items to be placed on an agenda for Council consideration, noting that some of the items proposed are to be prepared and presented by individual Council Members. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: Councilman Stern moved, seconded by Councilman Misetich, to approve the Consent Calendar, as presented. Mayor Wolowicz requested the opportunity to make a brief comment regarding Item No. 3 (Border Issues Status Report). He reported that there was a proposal for reuse of a portion of the former Navy Housing site on Western Avenue as a homeless facility consisting of 76 units. He asked that staff continue to monitor the progress on the developments for the site. The motion passed on the following roll call vote: AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz 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 January 23, 2010 Adjourned Regular Meeting; and, the February 16, 2010 Adjourned Regular Meeting (Interviews). Border Issues Status Report Received and filed the current report on the status of border issues. Household Hazardous Waste/Electronics Waste Collection Siting Liability Agreement with County of Los Angeles City Council Minutes March 2, 2010 Page 3 of 9 Authorized the Mayor and City Clerk to execute the attached Household Hazardous Waste and Electronic Waste Collection Siting Liability Agreement with the County of Los Angeles and County Sanitation District No. 2 of Los Angeles County. Additions to the Consolidated Loan between the City and the Redevelopment Agency for Expenses Incurred during FY08-09 Received and filed this staff report, which provides information regarding FY09-10 loan additions to the Rancho Palos Verdes Redevelopment Agency in the amount of $86,831 for expenses incurred by the City during FY08-09. The Consolidated Loan Agreement dated December 1, 2003 authorizes the loan additions. January 2010 Monthly Report of Cash Balances Received and filed the January 2010 Monthly Report of Cash Balances for the City of Rancho Palos Verdes. Register of Demands ADOPTED RESOLUTION NO. 2010-14, 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 HEARING: Oversized Vehicle and Neighborhood Permit Parking Fee Establishment City Clerk Morreale reported that notice of the public hearing was duly published and written protests were included with late correspondence which was distributed prior to the meeting. City Manager Lehr reintroduced Director of Public Works Ray Holland who brings a wealth of experience to the City of Rancho Palos Verdes. Senior Engineer Jules provided a staff report and PowerPoint presentation regarding the item. She provided an overview of the Oversized Vehicles Parking Permit program and the associated set up costs and the proposed fees to be charged for the permits. Ms. Jules provided an overview of the Neighborhood Parking Permit program which was initiated in the late 1970s and revised in June 2009 as a City administered program and the associated set up costs and proposed fees to be charged for the permits. Council and staff discussion ensued. City Council Minutes March 2, 2010 Page 4 of 9 Mayor Wolowicz declared the public hearing open. Ernest Giannioses, Good Sam Family Motor Coach Association, Rancho Palos Verdes, opined that the City of Rancho Palos Verdes should bear the cost of the Oversized Vehicle Parking Permit fee since the owners of recreational vehicles have to pay for parking their vehicles in storage parking areas. Mike Nitz, Rancho Palos Verdes, stated that he has owned some type of recreational vehicle for the 36 years he has lived in the City of Rancho Palos Verdes and was opposed to Oversized Vehicle Parking Permits, noting that the cost of the permit was too high. Joe Lindorfer, Rancho Palos Verdes, stated that he was present to address the Neighborhood Parking Permit Fees, noting that he believed the permit parking was still necessary along Palos Verdes Drive South. He reported that an annual fee of$9.00 is 700 percent higher than the current fee of$1.25; suggested ways to decrease costs of the program; and questioned discrepancies in costs which were included in the staff reports. Lenee Bilski, Rancho Palos Verdes, stated that restricted parking was still necessary along Palos Verdes Drive South; noted that the costs were high due to staff administration of the program; reported that the fees were too high compared to neighboring cities; and, suggested that residents should be able to continue to manage their neighborhood parking programs. Rudy Maus, Rancho Palos Verdes, stated that he would like Clipper Drive to be opted out of the program, because street parking is necessary there. Lynn Swank, Chair, Traffic Safety Commission (TSC), Rancho Palos Verdes, stated that when the TSC initially began examining the program, there was difficulty identifying the program citywide since it existed in different areas under different rules. She stated that the TSC reviewed several issues including citywide consistency, public safety and enforcement, City administration of the program, and reasonable fees. Lowell Wedemeyer, Rancho Palos Verdes, stated that in his neighborhood there has been a lack of understanding in as to the factors used for City staff to arrive at the fees for the Neighborhood Permit Parking program. He commented on the inconsistency with signs in his neighborhood with the City resolutions governing the parking restrictions in that area. Mayor Wolowicz declared the public hearing closed. Council and staff discussion ensued regarding the proposed fees based on the cost; the City subsidizing the fees; inconsistencies with the approved resolutions and signs in City Council Minutes March 2, 2010 Page 5 of 9 neighborhoods; the proposed multi-year discounted rate; and the option for neighborhoods to opt in or opt out of these programs due to changes over the years. Mayor Pro Tem Long moved, seconded by Councilman Campbell, to continue the Neighborhood Permit Parking Fee Program portion of this item until staff returns with a means by which a neighborhood can participate in and reapply for the permit parking program with a calculation of the full cost of providing the program, including enforcement and the assessment of petitions. After Council and staff discussion, City Attorney Lynch suggested the removal of the enforcement from the motion, since the cost should be based upon the cost of starting and implementing the program. Mayor Pro Tem Long amended the motion to remove the enforcement from the motion. The motion passed on the following roll call vote: AYES: Campbell, Long, Misetich, and Stern NOES: Mayor Wolowicz ABSENT: None Councilman Stern moved, seconded by Mayor Wolowicz, to adopt the staff recommendation to set the fees as proposed the staff recommendation at $100 for the initial permit, and $60 per year for renewal permits. Council and staff discussion ensued regarding the establishment of fees for Oversized Vehicle Permit Parking versus parking fines. The motion failed on the following roll call vote: AYES: Stern and Mayor Wolowicz NOES: Campbell and Misetich ABSTAIN: Long ABSENT: None Councilman Stern moved to set the fees at $99 for the initial permit, and $59 per year for renewals. The motion died for a lack of a second. Mayor Wolowicz moved, seconded by Councilman Stern, to 1) Set the fees at $50 for the initial permit, $30 per year for renewals, $50 for guest permit, and the decal replacement at $1.25; and, 2) ADOPT RESOLUTION NO. 2010-15, AS AMENDED, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ESTABLISHING FEES FOR THE OVERSIZED VEHICLE PERMIT PARKING PROGRAM. City Council Minutes March 2, 2010 Page 6 of 9 The motion passed on the following roll call vote: AYES: Campell, Stern, and Mayor Wolowicz NOES: Misetich ABSTAIN: Long ABSENT: None RECESS AND RECONVENE: Mayor Wolowicz called a brief recess from 10:06 P.M. to 10:14 P.M. REGULAR NEW BUSINESS: Appointment of Chair to the Planning Commission Mayor Pro Tern Long moved, seconded by Councilman Stern, to waive the staff report and appoint Bill Gerstner as Chair to the Planning Commission. The motion passed on the following roll call vote: AYES: Campell, Long, Misetich, Stern, and Mayor Wolowicz NOES: None ABSTAIN: None ABSENT: None FYO9-10 Mid-Year Financial Report City Clerk Morreale reported that late correspondence was distributed prior to the meeting on this item. Deputy Director of Finance/IT Downs provided a brief staff report and PowerPoint presentation regarding the Fiscal Year 2009-10 Mid-Year Financial Report. Council and staff discussion ensued. Councilman Stern moved, seconded by Councilman Misetich, to adopt the staff recommendation to: 1) Receive and file the FY09-10 Mid-Year Financial Report; and, 2) ADOPT RESOLUTION NO. 2010-16, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2009-40, THE BUDGET APPROPRIATION FOR FY09-10, TO ADJUST THE BUDGET IN VARIOUS FUNDS OF THE CITY. The motion passed on the following roll call vote: AYES: Campell, Long, Misetich, Stern, and Mayor Wolowicz City Council Minutes March 2, 2010 Page 7 of 9 NOES: None ABSTAIN: None ABSENT: None Five-Year Capital Improvement Plan Mid-Year Review City Clerk Morreale reported that late correspondence was distributed prior to the meeting on this item. Senior Administrative Analyst Singer provided a brief overview and PowerPoint presentation regarding the Five-Year Capital Improvement Plan. Council and staff discussion ensued. Councilman Misetich moved, seconded by Councilman Stern, to adopt the updated FY09-10 Five-Year Capital Improvement Plan. Without objection, Mayor Wolowicz so ordered. Amendments to City's Graffiti Prevention and Removal Ordinance Associate City Attorney Klima provided a brief staff report regarding the item. Council and staff discussion ensued. Councilman Stern moved, seconded by Councilman Campbell, to INTRODUCE ORDINANCE NO. 506, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, AMENDING CHAPTER 9.28 OF TITLE 9 OF THE RANCHO PALOS VERDES MUNICIPAL CODE REGARDING THE CITY'S PROCEDURES FOR PREVENTION AND REMOVAL OF GRAFFITI. The motion passed on the following roll call vote: AYES: Campell, Long, Misetich, Stern, and Mayor Wolowicz NOES: None ABSTAIN: None ABSENT: None CITY COUNCIL ORAL REPORTS: Mayor Pro Tem Long moved, seconded by Councilman Campbell, to defer this item until the next Regular City Council meeting. RECESS TO CLOSED SESSION: City Council Minutes March 2, 2010 Page 8 of 9 At 11:05 P.M., Mayor Wolowicz recessed the meeting to Closed Session. RECONVENE TO OPEN SESSION: At 1:15 A.M. on March 3, 2010, Mayor Wolowicz reconvened the meeting to Open Session. CLOSED SESSION REPORT: City Attorney Lynch reported that with respect to the Closed Session item, the City Council discussed the City Manager's Performance Evaluation and gave unanimous direction to the City Attorney to prepare a contract amendment to place on the Consent Calendar at the next Regular City Council meeting. ADJOURNMENT: At 1:16 A.M. on March 3, 2010, Mayor Wolowicz adjourned the meeting. 1111V 'tom /Mr yor Attest: t /, 1 , l/ City Clerk W:\City Council Minutes\201 O\20100302 CC MINS.doc City Council Minutes March 2, 2010 Page 9 of 9