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CC MINS 20100817 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING AUGUST 17, 2010 The meeting was called to order at 7:09 P.M. by Mayor Wolowicz at Fred Hesse Community Park, 29301 Hawthorne Boulevard. 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; David Snow, Assistant City Attorney; Dennis McLean, Director of Finance/Information Technology; Joel Rojas, Community Development Director; Tom Odom, Interim Director of Recreation and Parks; and Carla Morreale, City Clerk. Also present were the following: Brad Ritter, Accredited in Public Relations (APR), Brad Ritter Communications; Toni Guinyard, News Reporter, Channel 4 News Station; Lonna Calhoun, Emergency Preparedness Consultant. FLAG SALUTE: The Flag Salute was led by Councilman Stern. 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: Jean Develet, Jr., Rancho Palos Verdes, stated that the intersection at Pt. Vicente Interpretive Center (PVIC) and Palos Verdes Drive West is dangerous in both the north and south directions with cars approaching the location at high speeds. He recommended that the intersection be closed off to automobile access with appropriate signage and striping of the road; cars should exit PVIC and make a U-turn at the Terranea signal if they wish to go north; and cars wishing to enter PVIC from northbound Palos Verdes Drive South should make a U-turn at Hawthorne and head south to enter the facility. He noted that the intersection should allow emergency vehicle access only. City Council Minutes August 17, 2010 Page 1 of 10 Sunshine, Rancho Palos Verdes, stated that the current update to the General Plan is progressing and noted that the proposed General Plan Update is going to very lengthy in comparison to the current General Plan. She opined that the document contains information that is not necessary and suggested that the information be reviewed and edited to decrease the size of the document to possibly seven pages in length. Mayor Wolowicz reported that Planning Commission Chair Gerstner provided an update report on the progress of the General Plan Update at the last Mayor's Breakfast. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that late correspondence was distributed regarding Item Nos. 1, 2, 3, and 4 prior to the meeting and there were requests to speak on Item No. 2 (Trails Master Plan Grant Application) and Item No. 4 (Request for Budget Adjustment for Professional Services Regarding Proposed Class C Airspace Designation Surrounding Long Beach Airport— Potential Impact on Rancho Palos Verdes). Councilman Stern moved, seconded by Councilman Misetich, to approve Item No. 1, 3, and 5 on the Consent Calendar, with Item No. 2 and Item No. 4 to follow 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 Approval of the Minutes Approved the Minutes of the July 20, 2010 Regular Meeting, as amended. Trails Master Plan Grant Application This item was removed from the Consent Calendar for separate consideration. Approval of Agreement between the City and the Portuguese Bend Cooperative Nursery School Approved and authorized the Mayor to execute the agreement between the City and the Portuguese Bend Cooperative Nursery School. City Council Minutes August 17, 2010 Page 2 of 10 Request for Budget Adjustment for Professional Services Regarding Proposed Class C Airspace Designation Surrounding Long Beach Airport— Potential Impact on Rancho Palos Verdes This item was removed from the Consent Calendar for separate consideration. Register of Demands ADOPTED RESOLUTION NO. 2010-68, 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. # # # # # # ITEMS REMOVED FROM THE CONSENT CALENDAR: Trails Master Plan Grant Application Sunshine, Rancho Palos Verdes, stated that she would like to volunteer her services to assist with the Trails Master Plan Grant Application, noting that she has served on two of the City's Trails Committees which have almost rewritten the Trails Master Plan. She stated that in 2004 the Open Space Task Force made a motion that there was the need for decisions on eleven items, noting that Deputy City Manager Petru stated those items required Council Policy decisions. Sunshine stated that before the process goes too much further, those decisions need to be made. Mayor Pro Tem Long moved, seconded by Councilman Stern, to approve the staff recommendation to ADOPT RESOLUTION NO. 2010-69, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, THEREBY APPROVING THE APPLICATION FOR LOCAL SUSTAINABLE PLANNING FUNDS AVAILABLE THROUGH THE SUSTAINABLE COMMUNITIES PLANNING GRANT AND INCENTIVES PROGRAM FOR THE PREPARATION OF A CITYWIDE TRAILS MASTER PLAN. The motion passed on the following roll call vote: AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz NOES: None ABSENT: None Request for Budget Adjustment for Professional Services Regarding Proposed Class C Airspace Designation Surrounding Long Beach Airport— Potential Impact on Rancho Palos Verdes City Council Minutes August 17, 2010 Page 3 of 10 Mayor Pro Tern Long moved, seconded by Mayor Wolowicz, to waive the staff report and hear the speakers comments on this item. Without objection, Mayor Wolowicz so ordered. Beverly Ackerson, Rancho Palos Verdes, representative to LAX Community Noise Roundtable and member of Peninsula Aircraft Noise Safety Information Committee (PANIC), stated that Director of Finance/IT McLean had done a great deal of work and an excellent job gathering the information provided in the staff report. She stated that she was opposed to the recommendation to secure a consultant and opined that the public should work directly with the Federal Aviation Administration (FAA), noting that doing so in the past has produced excellent results. She stated that as a result of the public input with the FAA and an aide in Washington there were no longer 346 turbo props or large jets flying over the Peninsula. She stated that there were many potential problems associated with the proposed Class C Airspace Designation including the height that the planes are allowed to fly, and she opined that working directly with the FAA accomplishes more than other methods. Councilman Stern stated that he understood the proposal from staff was to obtain assistance from expert consultants to maximize the information so that the strongest case could be made to try to avoid having the problems. He continued that individuals could certainly contact the FAA, but when dealing in a technical area like this the City would benefit from expert assistance, which would not undercut any other type of efforts. He noted that aircraft flyover and noise has been a problem as long as he has been on Council. He recalled that it took more than a few phone calls and the authorization and expenditure of approximately $100,000 for a shadow radar station with other South Bay cities to track the overflights and the development of the data over a number of years. He noted that if the City did not obtain expert input now to make the strongest case during the planning stage, it may be too late to change things in the future. Ms. Ackerson opined that it would be nice if input from the surrounding cities made a difference, but other cities have unsuccessfully tried providing input in the past, noting that the FAA pays attention to communication from individual citizens. She relayed information regarding a Task Force that was formed in the past and noted that representatives from the Government Accountability Office were impressed with the caliber of the members of the Task Force Committee which was comprised of noise consultants and experts from the aerospace field who had the knowledge to deal with the problems. Councilman Campbell stated that staff's proposal was not to push Ms. Ackerson's experience, history, and relationships off to the side, but was to bring in some expertise to assist with the efforts. He noted that he would be concerned if the City took no action regarding the proposed Class C airspace designation surrounding the Long Beach airport and the changes dramatically affected the Rancho Palos Verdes airspace. City Council Minutes August 17, 2010 Page 4 of 10 Ms. Ackerson stated that the FAA works directly with the LAX Community Noise Roundtable Committee since they have the necessary expertise on the Committee. She opined that they would not do that with the separate program. Councilman Campbell stated that the last thing the Council desired was to prevent the local residents from being involved in and focused on their particular areas of expertise, and noted that the Council desired to provide additional tools to fight the potential problems. Councilman Misetich echoed that citizens should remain involved in their efforts in areas in which they have acquired an expertise, and the Council was trying to provide more assistance to better make the case in front of the FAA. He stated that the expenditure was $15,000 and his understanding was that some of the other Peninsula cities might contribute towards the expense. City Manager Lehr reported that she has reached out to other City Managers in the area. She stated that there was much concern regarding the matter, and that the information was being shared so that each city had the opportunity to assess what the relative impact would be on their particular city. She noted that a discussion was held with City Managers on the Peninsula including another representative from Palos Verdes Estates who serves on the LAX Community Noise Roundtable regarding a good faith opportunity for the other cities to make a contribution towards the expenditures to the degree that they believe they would be impacted. Ardis Prescott, Rancho Palos Verdes, commended staff and the Council for their quick involvement in the air traffic and noise issue as it could be a devastating situation for the residents of Rancho Palos Verdes if there were flights over the Peninsula. She urged the City to reach out to all of the cities on the Peninsula to become involved since the change would impact everyone and they should share in the cost of any action that needs to be taken. She stated that she understood the need to have the report completed on a deadline, and offered the assistance of the group PANIC if they could assist in any way. She expressed concern with the involvement of Mr. Whitycombe because 13 years ago when all the flights were occurring over the Peninsula, the PANIC group handed out over 750 fliers resulting in a huge turnout at a meeting in Torrance; and Mr. Whitycombe stated at that meeting that nothing had changed over the Peninsula. She reported that he was consistent with his response for the first few years and then he was transferred to another position, so she questioned his involvement since initially he did not recognize that there was a problem over the Peninsula. Mayor Pro Tem Long moved, seconded by Councilman Stern, to approve the staff recommendation to ADOPT RESOLUTION NO. 2010-70, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2010-55, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2010-2011, FOR A BUDGET ADJUSTMENT TO THE CITY'S GENERAL FUND TO City Council Minutes August 17, 2010 Page 5 of 10 PAY FOR THE COST OF PROFESSIONAL SERVICES REGARDING FEDERAL AVIATION ADMINISTRATION AIRSPACE MATTERS. Mayor Pro Tem Long stated that as discussed there was a very limited period of time to submit comments and the City was interested in the involvement of other cities. He noted that actions taken by the City do not prevent members of the public from submitting their comments, noting that the deadline for the receipt of comments is the third week in September. He stated that staff has proposed hiring the former Western Regional Manager of the FAA to assist the City in preparing its comments, noting that he could not imagine anyone more qualified to assist the City. Mayor Wolowicz stated that the consultants should be apprised by staff of the comments shared by the public regarding this matter. The motion passed on the following roll call vote: AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz NOES: None ABSENT: None REGULAR NEW BUSINESS: Professional Services Agreements for Advocacy Services to Obtain Federal Funding for the San Ramon Canyon Stabilization Project City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding this item. City Manager Lehr provided a brief staff report regarding the Professional Services Agreements for Advocacy Services to Obtain Federal Funding for the San Ramon Canyon Stabilization Project. She stated that staff had received a recommendation from the City's Grant Consulting firm, Blais and Associates, to consider hiring a professional advocacy firm to assist the City in developing a strategy to obtain Federal funding for the San Ramon Canyon Stabilization Project which is estimated to cost $19.5 million dollars. She noted that the most significant challenge in pursuing this critical project in the City is to obtain funding, and noted that the City's Grant Consultant has advised that it would be helpful for the City to have a representative in Washington D.C. to advocate on the behalf of the City. She noted that proposals were received from two highly qualified firms that had very solid local ties to the area as well as solid expertise in the areas of securing funding from Safe Accountable Flexible Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) and Water Resources Development Act (WRDA). She reported that the Subcommittee of Councilman Stern and Councilman Misetich served on the interview panel with staff from the City Manager's Office and Public Works Department to interview both firms and the panel unanimously selected Federal Advocates, Inc. City Council Minutes August 17, 2010 Page 6 of 10 Councilman Misetich stated that he and Councilman Stern interviewed the two advocacy firms for the project, noting that while the City has a Grant Consultant searching for grant opportunities, an advocacy firm that focuses on the Federal level would be an inherent benefit in seeking funds for this project. He reported that Congressman Rohrabacher had visited the site and had an understanding of the potential for devastation if a problem arose at San Ramon Canyon. He added that Federal Advocates, Inc. would not only assist Congressman Rohrabacher, but would also communicate with Committee Chairs, the Army Corps of Engineers, and others who could help the City obtain funds. He stated that the company selected, Federal Advocates, Inc. provided a superior presentation and provided a comfort level that they would be the best firm to seek Federal funds on the City's behalf. Councilman Stern stated that the interviews were lengthy and although both firms were qualified, the evaluation was based on experience and background and the decision was unanimous. He noted that the most senior gentleman, Mr. Sante Esposito, of the firm selected worked at the staff level to help write the particular Federal statutes, so he was informed as to the issues in terms of his knowledge of the law, staff, and congressional contacts. He added that the interview panel was enthusiastic about the selection of Federal Advocates, Inc. He stated that the City has made a Herculean effort over the years regarding the securing of funding for the San Ramon Canyon Stabilization Project, and Mayor Wolowicz has made a few strides forward, but there was still no revenue for this project. He opined that it is time to spend money to hire professionals to assist the City in seeking funding. He acknowledged that the City will not receive Federal funding, in all likelihood, in the next 12 months, but noted that the City could anticipate paying $50,000 a year for a few years towards this goal. Councilman Campbell inquired if the rate was negotiated with the consultants and stated that he believed the City should take the necessary steps to achieve the goal. Councilman Stern and staff confirmed that it was negotiated. Councilman Stern stated that based on the scope of work as articulated by the consultants, the fee would be approximately $4,000 per month. Mayor Wolowicz stated that since the meeting was not being taped for broadcast, he wanted to make sure that detailed minutes would be provided, so that comments by the Council Members were captured. Councilman Stern stated that it was a little late in the day to request this since he was not certain that staff had the capability to do so. Mayor Pro Tem Long commented that it was a policy decision to set the degree of minutes to be provided. City Council Minutes August 17, 2010 Page 7 of 10 Mayor Wolowicz reported that Council had stated that minutes were to be backed up by video tapes and this meeting was not being video-taped. Councilman Stern stated that this topic was not agendized, but since the video recording was the official minutes, he inquired of staff what the official minutes were to be for this meeting, since it was not being video-taped. City Clerk Morreale stated that the written minutes are the official minutes of the Council Meeting. Councilman Stern inquired if the Council meetings were not to be video-taped at all times as the official minutes. City Manager Lehr stated that the minutes that are produced are the official record of the meeting. Councilman Stern stated that he has been a proponent of detailed minutes for years and noted that his recollection was that we did away with detailed minutes a few years ago largely due to the innovation in video-taping, and as a result, the Council decided not to incur the roughly $20,000 a year expense. He noted that he thought the substitute was to be the video-tape and noted that perhaps this topic needed to be agendized. Mayor Pro Tem Long stated that the discussion was out of order since the item was not on the agenda, but he noted that staff has been reminded that when bringing back the minutes for approval there will be a need for detailed minutes in order to get enough votes to approve the Minutes. He noted that staff has essentially been told that and that there is no need for additional discussion. City Manager Lehr stated that staff was making an audio recording of the meeting and City Clerk Morreale noted that there was no guarantee as to the quality of the audio recording. Mayor Wolowicz spoke in favor of the staff recommendation, commenting that it was unfortunate that it was necessary to hire a professional Federal advocacy firm to assist the City in developing a strategy for obtain Federal funding for the San Ramon Canyon Stabilization Project. He stated that when the City started out with this project, the City believed the need for this project to move forward would be as obvious to anyone who had a source of funds as it was to the City, but there have been economic and political issues that have stood in the way of funding. He reported that he did not want to lose sight of how much detail has been reviewed, noting that the City finds itself in a complex situation now, which has led to the need for this type of advisor. He noted that there was precedent for this type of consultant, as the City used an expert advisor in Sacramento and Washington, D.C. when seeking funding for open space land acquisition. City Council Minutes August 17, 2010 Page 8 of 10 Mayor Wolowicz noted that the City has sought assistance from the following: the City's Federal representative, Congressman Dana Rohrabacher, who at the present time cannot provide assistance; neighboring Congresswoman Jane Harmon and her staff; the County of Los Angeles Public Works; and, the City of Los Angeles Public Works. He noted that the City of Los Angeles may be able to provide the City of Rancho Palos Verdes with some in-kind assistance and perhaps some monetary assistance, but the amount would not be anywhere near the $20 million needed. Mayor Wolowicz stated that he was willing to spend the $50,000 for the consultant to move the project forward due to its importance and the need to repair the storm drain, San Ramon Canyon, and switchback roads. He noted that staff has done a good job identifying the need for an advocacy firm, surfacing the issue, and bringing the matter to the attention of the Subcommittee. Councilman Stern moved, seconded by Councilman Misetich, to adopt the staff and Subcommittee recommendation to: Authorize the Mayor and City Clerk to sign a FY10- 11 Professional Services Agreement with a federal advocacy firm to seek Federal funding for the San Ramon Canyon Stabilization Project. 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 7:54 P.M. to 8:06 P.M. Crisis Communications Training City Manager Lehr provided a brief introduction to this item and introduced Brad Ritter, APR, Brad Ritter Communications and Toni Guinyard, News Reporter, Channel 4 News Station. Brad Ritter provided a PowerPoint presentation and training regarding Crisis Communications and the Council's interaction with media during a crisis. Mr. Ritter and Ms. Guinyard directed interactive role-playing exercises with Council Members and key staff members, provided tips and feedback to assist Council and staff members in their roles, and wrapped up the training session with a brief recap of the topics discussed during the training workshop. ADJOURNMENT: City Council Minutes August 17, 2010 Page 9 of 10 At 11:32 P.M., Mayor Wolowicz adjourned the meeting. 41100' - •r Attest: /*.) (--77- CA..a. Ate'l City Clerk W:\City Council Minutes\2010\20100817 CC MINS.doc City Council Minutes August 17, 2010 Page 10 of 10