CC MINS 20100803 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
AUGUST 3, 2010
The meeting was called to order at 6:15 P.M. by Mayor Wolowicz at Fred Hesse
Community Park, 29301 Hawthorne Boulevard.
City Attorney Lynch reported that it was necessary to add an item to the Closed Session
agenda due to the immediate need to take action regarding correspondence that has
been received over the last 24 hours after the posting of the agenda, and meetings that
were being requested regarding the VH Property Corp. and VHPS LLC v. City of
Rancho Palos Verdes lawsuit.
Councilman Stern moved, seconded by Councilman Campbell, to add an item to the
Closed Session agenda regarding the VH Property Corp. and VHPS LLC v. City of
Rancho Palos Verdes case.
The motion passed on the following roll call vote:
AYES: Campbell, Misetich, Stern, and Mayor Wolowicz
NOES: None
ABSENT: Long
The meeting was recessed into Closed Session at 6:17 P.M.
The meeting was reconvened into Open Session at 7:11 P.M.
City Council roll call for the Open Session 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, Community Development Director; Tom Odom, Interim Director
of Recreation and Parks; Ara Mihranian, Principal Planner; and Carla Morreale, City
Clerk.
Also present was Alan Braatvedt, consultant, Public Works Department.
FLAG SALUTE:
The Flag Salute was led by Mayor Pro Tern Long.
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August 3, 2010
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MAYOR'S ANNOUNCEMENTS:
Mayor Wolowicz announced that Jonathan Hanson, a participant in the City of Rancho
Palos Verdes' "Pitch, Hit and Run" event, qualified for the National Competition and
presented him with a Certificate of Recognition.
Mayor Wolowicz invited Councilman Stern to provide an overview and PowerPoint
presentation featuring Barbara and John Dye's activities on the Peninsula. He
highlighted the many contributions that Barbara and John made to the Peninsula and
announced that they will be joining the Peace Corps for two years.
Mayor Wolowicz announced the recent passing of Angela Hollingsworth, wife of former
Councilman and Mayor Tom Hollingsworth.
RECYCLE DRAWING:
Mayor Wolowicz announced Recyclers of the Month from the July 20, 2010 City Council
meeting: Robert Chapkis and Kichul Lee. 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:
Ken Dyda, Rancho Palos Verdes, suggested that Item No. 12 (Adopting the City
Charter) should be placed before Item No. 11 (Appointment of Charter City Committee
Members) on the agenda.
Michael Brophy, President, Marymount College, Rancho Palos Verdes, commented on
the City Council and Planning Commission actions over the last 10 years resulting in the
placement of the Marymount College Master Plan on the upcoming November 2, 2010
ballot. He stated that the Master Plan has no hidden agendas and that if the Master
Plan is approved by the voters, there will be more certainty about the future of the
Marymount College property than any other property in the City. He stated that
Marymount College and City Hall need to work together to advance the quality of life in
Rancho Palos Verdes, noting that the College makes a commitment that there will be no
personal attacks made by the College on the Council Members, City, or citizens of the
City of Rancho Palos Verdes.
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August 3, 2010
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CITY MANAGER REPORT:
City Manager Lehr announced that the new trash and recycling carts have been
distributed by EDCO throughout the City, and provided a review of the regulations
regarding storage of the carts and placement of trash carts at the curbside for pick-up.
City Manager Lehr introduced Alan Braatvedt, consultant for the Public Works
Department, who provided an update report and PowerPoint presentation regarding the
San Ramon Canyon Stabilization Project.
Director of Finance and Information Technology McLean announced that the City of
Rancho Palos Verdes has enhanced its website so that residents can obtain
Emergency Notification via Text Messaging and Twitter.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that late correspondence was distributed regarding Item
Nos. 5 and 6 prior to the meeting and there were no requests to speak on the Consent
Calendar items.
Councilman Misetich requested that Item No. 8 (Professional Services Agreement for
Grant Management) be removed from the Consent Calendar for separate consideration.
Councilman Campbell requested that Item No. 4 (Approve a One-Year Contract
Extension with Bennett Enterprises, Inc. dba Bennett Landscape for City Right-of-Way
and Median Landscape Maintenance) be removed from the Consent Calendar for
separate consideration.
Mayor Pro Tern Long moved, seconded by Councilman Stern, to approve the Consent
Calendar, as amended, with Item Nos. 4 and 8 to be placed after the conclusion of
Regular Business items.
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.
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August 3, 2010
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Approval of the Minutes
Approved the Minutes of the June 29, 2010 Adjourned Regular Meeting and July 6,
2010 Regular Meeting.
Adoption of Ordinance -Amendments to Administrative Penalty Ordinance
ADOPTED ORDINANCE NO. 512, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, AMENDING CHAPTER 1.08 (GENERAL PENALTY) AND CHAPTER
1.16 (ADMINISTRATIVE PENALTIES) OF TITLE 1 (GENERAL PROVISIONS) OF THE
RANCHO PALOS VERDES MUNICIPAL CODE RELATING TO THE
ADMINISTRATIVE CITATION ORDINANCE.
Approve a One-Year Contract Extension with Bennett Enterprises, Inc. dba
Bennett Landscape for City Right-of-Way and Median Landscape Maintenance
This item was removed from the Consent Calendar for separate consideration.
Palos Verdes Landfill Dog Park Proposal
Supported efforts to locate a dog park at the former Palos Verdes Landfill site, and
directed staff to send a letter to the Los Angeles County Board of Supervisors' Office
demonstrating the City Council's support.
Construction Contract for Residential Streets Resurfacing Project (Area 4 and a
Portion of Area 8)
1) Approved the project construction plans and specifications; 2) Awarded a
$1,218,105.31 construction contract, as amended, to Sully-Miller Contracting Company
for the Residential Streets Resurfacing Project (Area 4 and a portion of Area 8) and
authorize an additional 10% or $121,810.53 for possible extra work and contingencies;
thereby approving a $1,339,915.84 construction budget; and, 3) Authorized the Mayor
and City Clerk to execute a construction contract with Sully-Miller Contracting Company.
Budget Appropriation and Extension of Contract for Multi-Family Beverage
Recycling Grant
1) ADOPTED RESOLUTION NO. 2010-66, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION 2010-55,
THE BUDGET APPROPRIATION FOR FISCAL YEAR 2010-11, FOR A BUDGET
ADJUSTMENT TO THE CITY'S WASTE REDUCTION FUND; 2) Authorized
amendment of the Professional Services Agreement with SCS Engineers to extend the
scope of services and increase its existing FY 10-11 contract in the amount not to
exceed $30,000 for implementation of the City's AB 939 programs and mandates, Used
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August 3, 2010
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Oil Payment Program and other support services by a maximum additional amount of
$3,500 for a total contract amount of$33,500; and, 3) Authorized the Mayor to execute
the Third Amendment to Professional Services Agreement between SCS Engineers and
the City of Rancho Palos Verdes.
Professional Services Agreement for Grant Management
This item was removed from the Consent Calendar for separate consideration.
June 2010 Monthly Report of Cash Balances
Received and filed the June 2010 Monthly Report of Cash Balances for the City of
Rancho Palos Verdes.
Register of Demands
ADOPTED RESOLUTION NO. 2010-67, 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.
# # # # # #
PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:
REGULAR NEW BUSINESS:
Appointment of Charter City Committee
City Manager Lehr provided a brief staff report regarding this item.
Council and staff discussion ensued.
Mayor Pro Tem Long moved, seconded by Councilman Stern, to appoint the 7 residents
as noted in the staff report to serve with the Council Subcommittee of Mayor Wolowicz
and Mayor Pro Tem Long to facilitate a public outreach program that will educate
residents on a ballot initiative to change Rancho Palos Verdes from a General Law City
to a Charter City.
Councilman Misetich moved a substitute motion, seconded by Councilman Campbell, to
appoint all residents suggested by all Council Members, as long as they are willing to
serve.
Council and staff discussion continued.
Councilman Misetich withdrew his substitute motion.
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August 3, 2010
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Mayor Pro Tern Long moved a substitute motion, seconded by Councilman Stern, to:
1) Appoint the 7 residents as noted in the staff report to serve with the Council
Subcommittee of Mayor Wolowicz and Mayor Pro Tern Long to facilitate a public
outreach program that will educate residents on a ballot initiative to change Rancho
Palos Verdes from a General Law City to a Charter City; and, 2) Direct the Council
Subcommittee to vet the additional four names suggested by Council Members that are
not on the list to see if they are willing to serve and if they meet the criteria, with the
complete list to be brought back for Council consideration at the next meeting.
Without objection, Mayor Wolowicz so ordered.
Councilman Stern moved, seconded by Mayor Pro Tem Long, to appoint Mayor
Wolowicz as the Chair of the Committee and Mayor Pro Tern Long as the Vice Chair of
the Committee.
Without objection, Mayor Wolowicz so ordered.
RECESS AND RECONVENE:
Mayor Wolowicz called a brief recess from 8:48 P.M. to 8:56 P.M.
Adopting the City Charter
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there were three requests to speak regarding this item.
City Attorney Lynch provided a brief staff report regarding this item.
Council and staff discussion ensued.
Ken Dyda, Rancho Palos Verdes, stated that he was confused on a couple of points,
noting that the Committee's charge is not as an advisory committee but instead an
outreach committee. He stated that transparency is a major issue which requires
extraordinary action; there are benefits of a Charter City; a Charter should be structured
very carefully; he did not understand the urgency of placing the Charter City on a ballot;
and agreed that the suggestion to start the Charter work after the November 2010
Election was a good strategy.
Mark Wells, Rancho Palos Verdes, stated that he was not aware of public support or
opposition to the City becoming a Charter City; the Committee is being constructed to
affirm the Council's assertions regarding a Charter City, noting that the City was
creating a Committee of volunteer lobbyists; and opined that with the upcoming costly
future projects, the removal of the prevailing wage requirements could cause questions
regarding the quality, oversight and control of those projects. He noted that the City is a
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August 3, 2010
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quality community that should demonstrate leadership and expect the best from those
who provide the City with goods and services.
Bob Nelson, Rancho Palos Verdes, stated that he was opposed to the City becoming a
Charter City. He stated that the City of Rancho Palos Verdes has functioned well as a
General Law City for 35 years. He noted that salaries and prevailing wages had been
discussed by Council, and referenced a comparison chart from the League of California
Cities which highlighted the differences between Charter and General Law Cities
including the following topics: municipal elections; procedures for an initiative;
procedures for adopting ordinances; compensation for City officers and employees;
processes associated with City contracts; financing public improvements; making
charitable gifts of public funds for public purposes; term limits of Council Members; land
use; and zoning decisions.
Mayor Pro Tem Long moved, seconded by Councilman Stern, to: 1) Review and
approve the attached draft of the City Charter of the City of Rancho Palos Verdes to
propose to the City's voters for adoption at an upcoming election; and 2) Instruct the
Charter Committee and staff to formulate language regarding the concept of
transparency and memorializing existing practices pertaining to employee
compensation.
The motion passed on the following roll call vote:
AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz
NOES: None
ABSENT: None
RECESS AND RECONVENE:
Mayor Wolowicz called a brief recess from 10:11 P.M. to 10:19 P.M.
Marine Life Protection Act Update
Mayor Pro Tem Long moved, seconded by Councilman Stern, to waive the staff report
and address questions of staff.
City Clerk Morreale reported that there were two requests to speak on the item.
Councilman Misetich requested a brief staff report.
Mayor Pro Tem Long withdrew his motion.
Deputy City Manager Petru provided a brief staff report and PowerPoint presentation
regarding the item.
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August 3, 2010
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Council and staff discussion ensued.
Dr. Joe Farlo, Watermens Alliance, Manhattan Beach, stated that he has been involved
in the implementation of the Marine Life Protection Act Initiative which was a privately
run process funded by environmentalists. He noted that he started a petition to keep
Rocky Point open for fishing and provided background information regarding the
process to date. He noted that the fisherman in the Palos Verdes area and San Pedro
are in support of the Integrated Preferred Alternative highlighted by staff to keep Rocky
Point open for fishing.
Council and staff discussion continued.
Mayor Pro Tem Long moved, seconded by Councilman Campbell, to adopt the staff
recommendation to: 1) Receive and file the Marine Life Protection Act Update report;
and, 2) Direct staff to analyze the Draft Environmental Impact Report once it is released
and provide a report to the City Council with recommended comments on the document,
including the possibility of allowing shore-based fishing to continue at the Point Vicente
Fishing Access.
The motion passed on the following roll call vote:
AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz
NOES: None
ABSENT: None
Noise Ordinance Alternatives
City Attorney Lynch provided a brief staff report regarding the item.
Council and staff discussion ensued.
Mayor Pro Tem Long moved, seconded by Mayor Wolowicz, to direct the City Attorney
to bring back to Council for consideration a general noise ordinance based on objective
standards such as unreasonable, loud, unusual, disturbing, raucous, and/or excessive
noise.
The motion passed on the following roll call vote:
AYES: Campbell, Long, and Mayor Wolowicz
NOES: Misetich and Stern
ABSENT: None
ITEMS REMOVED FROM THE CONSENT CALENDAR:
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Approve a One-Year Contract Extension with Bennett Enterprises, Inc. dba
Bennett Landscape for City Right-of-Way and Median Landscape Maintenance
City Clerk Morreale reported that Councilman Campbell requested that this item be
removed from the Consent Calendar for separate consideration.
Councilman Campbell stated that he had a quick question regarding this item which he
discussed with Deputy Director of Public Works Odom during the break, noting that he
was satisfied with the item.
Mayor Pro Tem Long moved, seconded by Councilman Stern, to adopt the staff
recommendation to approve and execute the First Amendment to the Weed
Abatement/Control & Landscape Maintenance for City Street Rights-of-Way and
Medians, which extends the original contract for the period of August 7, 2010 to June
30, 2011.
The motion passed on the following roll call vote:
AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz
NOES: None
ABSENT: None
Professional Services Agreement for Grant Management
City Clerk Morreale reported that Councilman Misetich requested that this item be
removed from the Consent Calendar for separate consideration.
Councilman Misetich inquired as to the benefits being provided by Blais & Associates in
the area of grant management.
City Manager Lehr provided a brief update on the services that have been provided and
those grants currently being pursued with the assistance of Blais &Associates.
Councilman Misetich moved, seconded by Councilman Stern, to authorize the Mayor
and City Clerk to sign the proposed FY10-11 Professional Services Agreement with
Blais & Associates to provide grant management services to the City.
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:
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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 July 20,
2010.
CLOSED SESSION REPORT:
City Attorney Lynch reported that the Council added an item to the Closed Session
agenda, with a 4-0 vote, Councilman Long not yet present, due to the immediate need
to take action regarding correspondence that has been received over the last 24 hours
after the posting of the agenda, and meetings that were being requested regarding the
VH Property Corp. and VHPS LLC v. City of Rancho Palos Verdes lawsuit. She stated
that with respect to that item, a report was provided and the Council gave unanimous
direction to direct all communications regarding the case to the City Attorney's Office,
and Council Members were directed not to meet individually with representatives of the
VH Property Corp.
City Attorney Lynch reported on the remaining Closed Session items: 1) With respect to
the Existing Litigation regarding the State of California Department of Finance, State
Water Resources Control Board, and California Regional Water Quality Control Board,
Los Angeles Region, Petitioners, v. Commission on State Mandates, Respondent,
County of Los Angeles and the Cities of Artesia, Azusa, Bellflower, Beverly Hills,
Carson, Commerce, Covina, Downey, Monterey Park, Norwalk, Rancho Palos Verdes,
Signal Hill, Vernon, and Westlake Village, Real Parties in Interest, a report was provided
and no action taken; and, 2) With respect to the Potential Initiation of Litigation
regarding a slope failure, a report was provided and unanimous direction given to staff
to continue to conduct further investigation of the slope failure (5-0).
ADJOURNMENT:
At 11:20 P.M., Mayor Wolowicz adjourned the meeting in the memory of Angela
Hollingsworth.
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City Clerk
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