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CC MINS 20100706 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JULY 6, 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 7:20 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; Tom Odom, Deputy Director of Public Works/Interim Recreation and Parks Director; Greg Pfost, Deputy Community Development Director; Nicole Jules, Senior Engineer; Andy Winje, Associate Engineer; and Carla Morreale, City Clerk. FLAG SALUTE: The Flag Salute was led by Frank Lyon, Chair of the Water Quality Flood Protection Program Oversight Committee. MAYOR'S ANNOUNCEMENTS: None. 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: Mike O'Sullivan, Rancho Palos Verdes, stated that he has submitted several constructive suggestions regarding the View Restoration Guidelines which will be considered on the July 20, 2010 City Council agenda. He stated that he and others have opined that the current View Restoration Guidelines are very unbalanced in favor of the view applicants and to the detriment of the foliage owners. City Council Minutes July 6, 2010 Page 1 of 9 CITY MANAGER REPORT: City Manager Lehr announced the upcoming Community Meeting to be held on Saturday, July 17, 2010, at Hesse Park, to obtain input regarding proposed conceptual improvements to Lower Hesse and Grandview Parks; and announced that the City's new trash hauler, EDCO, began service on July 1, 2010, noting that EDCO has responded to the request of residents to exchange larger trash containers with smaller sized carts, which are on order. She reported that the old trash containers would be collected during the next two Saturdays if residents wish to take advantage of that service. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that late correspondence was distributed regarding Item No. 3 (Five-Year Capital Improvement Plan); Item No. 5 (Professional Services Agreement— Gerard J. Quinn &Associates); and Item No. 6 (Civic Center Facility Assessment); and there was one request to speak regarding Item No. 3. Mayor Pro Tem Long moved, seconded by Councilman Misetich, to approve the Consent Calendar, with Item No. 3 (Five-Year Capital Improvement Plan) removed for separate consideration immediately after the Consent Calendar. 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 June 1, 2010 and June 15, 2010 Regular Meetings. Five-Year Capital Improvement Plan This item was removed from the Consent Calendar for separate consideration. Border Issues Status Report City Council Minutes July 6, 2010 Page 2 of 9 Received and filed the current report on the status of Border Issues. Professional Services Agreement— Gerard J. Quinn & Associates 1) Approved the Amendment to Professional Services Agreement between the City and Gerard J. Quinn &Associates; and, 2) ADOPTED RESOLUTION NO. 2010-57, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 98-99 TO ADD THE DIRECTOR OF FINANCE AND INFORMATION TECHNOLOGY AS AN ADDITIONAL AUTHORIZED AGENT TO EXECUTE AN APPLICATION FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL FINANCIAL ASSISTANCE UNDER P.L. 93-288 AS AMENDED AND/OR STATE FINANCIAL ASSISTANCE UNDER THE NATURAL DISASTER RELIEF ACT. Civic Center Facility Assessment This item was removed from the Consent Calendar for separate consideration. Upgrade of Network Phone System Approved and authorized the City Manager to execute the Professional Services Agreement with NexuslS regarding the upgrade of the City's Cisco VOIP network phone system. May 2010 Monthly Report of Cash Balances Received and filed the May 2010 Monthly Report of Cash Balances for the City of Rancho Palos Verdes. Register of Demands ADOPTED RESOLUTION NO. 2010-58, 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 CONSENT CALENDAR: Five-Year Capital Improvement Plan City Clerk Morreale reported that late correspondence had been distributed prior to the meeting and that there was one request to speak on this item. City Council Minutes July 6, 2010 Page 3 of 9 Sunshine, Rancho Palos Verdes, stated that she had concerns regarding the necessary soils engineering work for Unfunded Project No. 31 (Sunnyside Ridge Trail Segment); and inquired as to the funding for and construction of the Coastal Access Trail. She noted that the California Coastal Trail and some Access Trails should be more correctly referred to as the California Coastal Trail and Coastal Access Trails since some are vertical and some are lateral trails. Councilman Stern moved, seconded by Mayor Pro Tem Long, to adopt and file the 2010 Five-Year Capital Improvement Plan. The motion passed on the following roll call vote: AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz NOES: None ABSENT: None PUBLIC HEARINGS: Water Quality and Flood Protection Program —Annual User Fee Rate — FY10-11 City Clerk Morreale reported that notice of the public hearing was duly published, no written protests received, late correspondence was distributed prior to the meeting, and there was one request to speak regarding the item. Mayor Pro Tem Long moved, seconded by Councilman Stern, to waive the staff report and hear the speaker. Without objection, Mayor Wolowicz so ordered. Mayor Wolowicz declared the public hearing open. Frank Lyon, Chair, Oversight Committee for Water Quality Flood Protection Program, provided a brief summary of the Oversight Committee's Annual Report. He reported that the planned budget for FY09-10 was $2.9 million, and noted that there were three reasons that the City spent less than the budgeted amount for projects including the following: 1) Plans to examine and develop fundamental alternatives for the San Ramon Stabilization Project; 2) Deferral of the Storm Drain Lining Project work to FY10-11; and, 3) the decision to spread out over several years the cost of the Storm Drain Master Plan process. He reported that the projected cost of five projects for the upcoming FY10-11 is estimated at $3.3 million. He reported that the Oversight Committee was in support of increasing the Storm Drain User Fee to the maximum allowed by the law. Discussion ensued between the Council, staff, and Chair Lyon. City Council Minutes July 6, 2010 Page 4 of 9 Mayor Pro Tern Long moved, seconded by Councilman Stern, to adopt the staff recommendation. Mayor Wolowicz moved an amendment to the motion, seconded by Mayor Pro Tern Long, to set aside 25% of the Transient Occupancy Tax (TOT) in a reserve for storm drain repairs. Council and staff discussion ensued. Mayor Pro Tern Long moved a substitute motion, seconded by Mayor Wolowicz, to adopt the staff recommendation including the 1.4% increase in the fee to establish the Storm Drain User Fee at $90.72 per Equivalent Residential Unit (ERU), and instruct staff to bring back to the City Council, a potential strategy to dedicate suitable portions of the Transient Occupancy Tax (TOT) towards reducing unfunded Capital Improvement Plan storm drain projects, as part of the FY11-12 budget. Councilman Stern requested a split vote on the motion. Mayor Wolowicz declared the public hearing closed. Mayor Pro Tern Long restated the first part of the motion, seconded by Mayor Wolowicz, to adopt the staff recommendation including the 1.4% increase in the fee to establish the Storm Drain User Fee at $90.72 per ERU. The motion passed on the following roll call vote: AYES: Long, Stern, and Mayor Wolowicz NOES: Campbell and Misetich ABSENT: None Mayor Pro Tern Long restated the second part of the motion, seconded by Mayor Wolowicz, to instruct staff to bring back to Council, as a part of next year's budget, a strategy to dedicate suitable portions of the Transient Occupancy Tax (TOT) to be targeted towards the reduction of the unfunded CIP storm drain projects. The motion passed on the following roll call vote: AYES: Campbell, Long, Misetich, and Mayor Wolowicz NOES: Stern ABSENT: None RECESS AND RECONVENE: Mayor Wolowicz called a brief recess from 8:35 P.M. to 8:45 P.M. City Council Minutes July 6, 2010 Page 5 of 9 ITEM REMOVED FROM CONSENT CALENDAR: Civic Center Facility Assessment City Clerk Morreale reported that there was one request to speak that she had overlooked prior to the approval of the Consent Calendar. She requested that the Council reconsider Item No. 6 (Civic Center Facility Assessment) to allow the speaker to speak regarding the item. Mayor Pro Tem Long moved, seconded by Councilman Stern, to reconsider Item No. 6. Without objection, Mayor Wolowicz so ordered. Richard Hess, Rancho Palos Verdes, stated that he received a copy of the item regarding the evaluation of the existing Civic Center buildings, noting he was a little confused regarding the reuse of existing buildings versus the building of new buildings. He stated that the project should be done in phases, with the structural evaluation of the buildings considered from the safety seismic standpoint of whether or not they can be used as part of the Civic Center expansion. Deputy City Manager responded that the RFP was written so that all of the components and options for the Civic Center Facility are presented for consideration. Mayor Pro Tem Long moved, seconded by Councilman Stern, to adopt the staff recommendation to authorize staff to distribute a Request for Proposals (RFP) seeking professional services to develop probable costs to renovate City Hall facilities. Without objection, Mayor Wolowicz so ordered. PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA: REGULAR NEW BUSINESS: Benefits of Becoming a Charter City Councilman Stern reported that he viewed the DVD provided by staff of the June 29, 2010 City Council meeting where this item was discussed. City Attorney Lynch stated that the staff report provided was the same as that provided at the last meeting with the addition of a cover memorandum. She reported that late correspondence was distributed prior to the meeting to answer the Council's previous questions regarding revisions to the General Plan. She noted that in her research she was not able to find evidence that cities have reverted from a Charter City to a General Law City; and, that there was no evidence that Charter Cities have weathered the economic difficulties in a more favorable manner than General Law Cities, although City Council Minutes July 6, 2010 Page 6 of 9 Charter Cities have greater control their expenditures in a time when revenue is decreased. Councilman Misetich moved, seconded by Councilman Stern, to: 1) Receive and file the staff report; 2) Determine that the City should initiate the process of drafting a charter; 3) Appoint a Council Subcommittee of Mayor Wolowicz and Mayor Pro Tem Long to lead the process of having the charter adopted by the City's voters at a consolidated election that would be held on March 8, 2011; and, 4) Direct that the Council as a whole select five Committee Members to assist the Council Subcommittee. The motion passed on the following roll call vote: AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz NOES: None ABSENT: None Palos Verdes Drive East (PVDE) Safety Improvements Implementation Plan Councilman Stern reported that he would need to recuse himself from the discussion of Priority Project No. 3, since that particular project is near his residence. Senior Engineer Jules provided a summary staff report regarding the proposed Palos Verdes Drive East Safety Improvements Implementation Plan. Council and staff discussion ensued. David Kramer, Commissioner, Traffic Safety Commission (TSC), Rancho Palos Verdes, stated that the TSC was in favor of staff's proposal regarding the PVDE Safety Improvements Implementation Plan. He commented on the use of sharrows as suggested by staff on the uphill section of roadway where the shoulder is very narrow. He noted that as a bicyclist he was in favor of not installing bicycle lanes on any part of PVDE, but to have a widened shoulder to the extent that is possible on the uphill sections, and to have minimal shoulder on the downhill side, with the use of sharrows indicating that it is a safe and legal use for bicyclists and motorists to share the roadway. Councilman Stern moved, seconded by Mayor Pro Tem Long, to approve the Palos Verdes Drive East (PVDE) Priority Project Nos. 6 through 9 for inclusion into the City's Capital Improvement Program — Unfunded Projects List, recognizing Priority Project Nos. 1 through 5, as being included in the upcoming PVDE Arterial Resurfacing Project scheduled for FY 11-12, except for Project No. 3, which will be considered separately. The motion passed on the following roll call vote: AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz City Council Minutes July 6, 2010 Page 7 of 9 NOES: None ABSENT: None Councilman Stern recused himself from the discussion of Priority Project No. 3 and left the dais at 9:48 P.M. Mayor Pro Tem Long moved, seconded by Councilman Campbell, to waive additional staff report on the item and adopt the staff recommendation for Priority Project No. 3 as recommended in the upcoming PVDE Arterial resurfacing. The motion passed on the following roll call vote: AYES: Campbell, Long, Misetich, and Mayor Wolowicz NOES: None ABSENT: Stern (recused) Councilman Stern returned to the dais at 9:50 P.M. at the conclusion of the discussion. FY10-11 Los Angeles County Sheriffs Contract Deputy City Manager Petru provided a brief staff report regarding the FY10-11 Los Angeles County Sheriffs Contract. Council and staff discussion ensued. Councilman Stern moved, seconded by Councilman Misetich, to adopt staff recommendation to: 1) Authorize the Mayor to sign the FY 10-11 Services for the Peninsula Region (Rancho Palos Verdes, Rolling Hills and Rolling Hills Estates); and, 2) Authorize the City Manager to sign the FY 10-11 Rancho Palos Verdes Deployment Survey with the Los Angeles County Sheriffs Department. The motion passed on the following roll call vote: AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz NOES: None ABSENT: None CITY COUNCIL ORAL REPORTS: Several Council Members presented brief oral reports on their attendance at various organization and association meetings since the last City Council Oral Reports were provided on June 29, 2010. City Council Minutes July 6, 2010 Page 8 of 9 CLOSED SESSION REPORT: City Attorney Lynch reported on the following Closed Session items: 1) With respect to the VH Property Corp. and VHPS LLC v. City of Rancho Palos Verdes, et al, direction was given to the City Attorney regarding litigation (4-1, with Councilman Stern dissenting); and, 2) With respect to the Potential Litigation item, a report was provided and no action was taken. ADJOURNMENT: At 10:13 P.M., Mayor Wolowicz adjourned the meeting. 41111, _■I -.age, " yor Attest: &JAL 1 City Clerk W:\City Council Minutes\2010\20100706 CC MINS.doc City Council Minutes July 6, 2010 Page 9 of 9