CC MINS 20100907 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
SEPTEMBER 7, 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 7:07 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
(IT); Tom Odom, Interim Director of Recreation and Parks; Greg Pfost, Community
Development Deputy Director; Kathryn Downs, Deputy Director of Finance/IT; and Carla
Morreale, City Clerk.
FLAG SALUTE:
The Flag Salute was led by Councilman Misetich.
MAYOR'S ANNOUNCEMENTS:
Mayor Wolowicz announced the upcoming Annual Health & Resource Fair presented by
the Salvation Army Torrance Corps Facility to be held on Saturday, September 18, 2010
10:00 a.m. to 2:00 p.m. at the Torrance Corps Facility.
Mayor Wolowicz reported on the use of the City of Rancho Palos Verdes' Advanced
Surveillance And Protection Systems (ASAP) patrol car equipped with Automated
License Plate Recognition (ALPR) technology in the August 30, 2010 arrest of a murder
suspect in a triple homicide that occurred in West Hollywood.
Sergeant Rozas provided a recap of the events leading up to the Sheriff's surveillance
and arrest of the murder suspect using the ALPR patrol vehicle.
Mayor Wolowicz announced the recent passing of longtime resident, artist, and three
time Pulitzer Prize winner Paul Conrad and noted that the meeting would be adjourned
in his memory.
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September 7, 2010
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RECYCLE DRAWING:
Mayor Wolowicz announced Recyclers of the Month from the August 3, 2010 City
Council meeting: David Bence and Andrea Bedford. 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 Mayor Pro Tem Long, to approve the agenda
with Item No. 20 removed from the agenda.
Without objection, Mayor Wolowicz so ordered.
PUBLIC COMMENTS:
Mark Wells, Rancho Palos Verdes, spoke regarding the lawsuit filed by Dr. Brophy
challenging the statements made in the Argument Against Measure P and the lawsuit
filed by Jeffrey Lewis challenging the statements made in the Rebuttal to Argument
Against Measure P. He stated that having a judge make a determination regarding both
lawsuits serves the voters of Rancho Palos Verdes better than the arguments of
differing attorneys. He stated that he continued to support the Marymount College
Facilities Expansion Project, but not the Marymount Plan, noting that he was waiting for
a representative of the College to state how they will support the Council-approved
project should the November 2, 2010 Election not be decided in their favor.
Michael Brophy, President, Marymount College, Rancho Palos Verdes, announced that
Marymount College is now a four-year college, noting that 16 new faculty and staff
members have been hired. He invited the Mayor and Council Members to the following
two events: 1) the celebration of the opening of the Marymount College school year with
the presence of His-Eminence Cardinal Roger Mahoney to celebrate the Mass; and,
2) the Success-by-the-Sea Gala, a fund-raising event, to be held on the Marymount
College Campus on September 25, 2010.
Ann Shaw, reading remarks for Ken Dyda, Rancho Palos Verdes, stated that there was
an error regarding the original list of endorsements on the Saverpv.com website, noting
that as soon as the error was discovered, it was corrected. Ms. Shaw stated that Mr.
Dyda had received three phone calls asking to be removed from the endorsement list,
and he promptly apologized to those callers and deleted their names from the list. Ms.
Shaw reported that Mr. Dyda was not aware of the campaign sign requirements
regarding measures requiring the name of the sponsoring organization to be printed on
the sign and noted that labels have been ordered which will be added to the signs. She
added that volunteers have been directed to only place signs on private property. She
reported that the allegation that Jon Cartwright provided a list of the names of the
Presidents of the Council of Homeowner Associations was false noting that the list was
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September 7, 2010
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obtain from the Palos Verdes Peninsula Directory and phone calls to obtain the latest
information. She quoted Mr. Dyda as stating "I guess the high road consists of making
accusations before calling to ascertain the facts."
CITY MANAGER REPORT:
City Manager Lehr invited City Attorney Lynch to provide comments regarding two
pending court cases involving the City of Rancho Palos Verdes.
City Attorney Lynch reported that there was a hearing scheduled for the next day before
Judg e Yaffe in the Writs and Receivers Department (Department 86) in the downtown
Los Angeles Superior Court located at 111 N. Hill Street, Los Angeles. She stated that
Judge Yaffe would be making a determination about whether or not there should be
revisions made to the Argument Against Measure P and the Rebuttal to the Argument
Against Measure P. She reported that the titles to the two cases are Brophy v. Logan
and Lewis v. Morreale, noting that the judge will be making a decision tomorrow since
the documentation regarding the election will be submitted to the printers that same
afternoon in order to be ready in time for the election.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that late correspondence was distributed regarding Item
No. 13 (Traffic Engineering Services Contract) and No. 14 (Register of Demands) prior
to the meeting and there were no requests to speak on the Consent Calendar items.
Councilman Misetich and Mayor Wolowicz commented that they had submitted
questions to staff earlier which were answered satisfactorily.
Mayor Pro Tem Long moved, seconded by Councilman Misetich, to approve the
Consent Calendar.
The motion passed on the following roll call vote:
AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz
NOES: None
ABSENT: None
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September 7, 2010
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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 August 3, 2010 Regular Meeting.
Border Issues Status Report
Received and filed the current report on the status of Border Issues.
Biennial Update of the City's Conflict of Interest Code
1) Received and filed the 2010 Local Agency Biennial Notice for the City of Rancho
Palos Verdes, the Rancho Palos Verdes Redevelopment Agency, and the Rancho
Palos Verdes Improvement Authority indicating that the Conflict of Interest Code for
these agencies need to be amended; and, 2) ADOPTED RESOLUTION NO. 2010-71, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
ADOPTING A CONFLICT OF INTEREST CODE WHICH INCORPORATES BY
REFERENCE THE STANDARD CONFLICT OF INTEREST CODE PREPARED BY
THE FAIR POLITICAL PRACTICES COMMISSION AND REPEALING RESOLUTION
NO. 2008-78.
Resolution for Civic Center/Upper Point Vicente Tax-Defaulted Property Purchase
ADOPTED RESOLUTION NO. 2010-72, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, AUTHORIZING THE PURCHASE OF TAX-
DEFAULTED PROPERTY FROM THE LOS ANGELES COUNTY TAX COLLECTOR
LOCATED AT 30940 HAWTHORNE BOULEVARD IDENTIFIED AS APN 7573-002-
011, PURSUANT TO CHAPTER 8 AGREEMENT NO. 2654.
FY09-10 Continuing Appropriations and Fiscal Year-End Budget Adjustments
1) ADOPTED RESOLUTION NO. 2010-73, 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 REDUCE THE BUDGET FOR
THE APPROVED CONTINUING APPROPRIATIONS; 2) ADOPTED RESOLUTION
NO. 2010-74, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, AMENDING RESOLUTION NO. 2010-55, THE BUDGET
APPROPRIATION FOR FY10-11, TO INCREASE THE BUDGET FOR THE
APPROVED CONTINUING APPROPRIATIONS; and, 3) ADOPTED RESOLUTION NO.
2010-75, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
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September 7, 2010
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PALOS VERDES, AMENDING RESOLUTION NO. 2009-40, THE BUDGET
APPROPRIATION FOR FYO9-10, TO ADJUST THE BUDGET IN THE GENERAL
FUND, ABALONE COVE SEWER DISTRICT FUND, RPV TV FUND, GINSBURG
CULTURAL ARTS BUILDING FUND AND THE COMMUNITY DEVELOPMENT BLOCK
GRANT R FUND.
Award Contracts - Catch Basin Screen Installation Project
1) Approved the plans and specifications for the Machado Lake Drainage Area, Catch
Basin Pipe Screen Installation Project— Phase I; 2) Authorized the Mayor and City Clerk
to execute a construction contract to West Coast Storm, Inc. in the amount of $8,104.
Authorized a construction contingency of$5,400 for a total construction authorization of
$13,504; and, 3) Authorized the Mayor and City Clerk to execute a professional services
agreement to Charles Abbott Associates in an amount not to exceed $4,080 for
inspection services.
Civic Center Facility Assessment Professional Services Agreement
1) Approved the Professional Services Agreement with Gonzalez Goodale Architects to
assist the City in conducting a Civic Center Facility Assessment; and, 2) Authorized the
City Manager and City Clerk to execute the Agreement.
Mobile Emergency Operations Command Center
Approved the recommendation from the Regional Law Enforcement Committee to
contribute $18,000 to the purchase of a mobile emergency operations command center
for the Lomita Sheriff's Station.
July 2010 Monthly Report of Cash Balances
Received and filed the July 2010 Monthly Report of Cash Balances for the City of
Rancho Palos Verdes.
Construction Contract for Crenshaw Boulevard at Crestridge Road Traffic Signal
Upgrade Project (Federal Project No. HSIPL-5413(008))
1) Approved the project construction plans and specifications; and, 2) Awarded and
authorized the Mayor and City Clerk to execute a construction contract to Lincoln Pacific
Builders in the amount of $137,200 for the Crenshaw Boulevard at Crestridge Road
Traffic Signal Upgrade Project and authorized an additional 10% or $13,720 for possible
extra work and contingencies; thereby approving a $150,920 construction budget.
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September 7, 2010
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Traffic Engineering Services Contract
Awarded and authorized the Mayor and City Clerk to execute a professional services
agreement with Willdan Engineers in an amount not to exceed $56,700 for FY10-11
Traffic Engineering Services.
Register of Demands
ADOPTED RESOLUTION NO. 2010-76, 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:
Annual Cost-Based Fee Update
City Clerk Morreale reported that notice of the public hearing was duly published and no
written protests received, late correspondence was distributed prior to the meeting, and
there was one request to speak on the item.
Deputy Director of Finance/IT Downs provided a brief staff regarding the Annual Cost-
Based Fee Update.
Council and staff discussion ensued.
Mayor Wolowicz declared the public hearing open.
Christine Mei, REACH parents, Rancho Palos Verdes, stated that she was concerned
with the potential increase in fees to the participants of the REACH program for the
weekend program events, noting that some families may have difficulty .
Council and staff discussion continued regarding the fee structure for the REACH
program.
Mayor Wolowicz declared the public hearing closed.
Councilman Stern moved, seconded by Mayor Pro Tem Long, to adopt the staff
recommendation to: ADOPT RESOLUTION NO. 2010-77, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING
RESOLUTION NO. 2009-19 TO MODIFY THE FORMULA FOR CONDUCTING A
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September 7, 2010
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PERIODIC ANALYSIS OF FEES, CHARGES AND RATES, AND ADOPTING A
MASTER SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES.
The motion passed on the following roll call vote:
AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz
NOES: None
ABSENT: None
Reallocation of FY10-11 Community Development Block Grant Funding
City Clerk Morreale reported that notice of the public hearing was duly published and no
written protests received.
Mayor Pro Tem Long moved, seconded by Councilman Stern, to waive the staff report
and hear public speakers.
Mayor Wolowicz declared the public hearing open.
City Clerk Morreale reported that there were no requests to speak on the item.
Mayor Wolowicz declared the public hearing closed.
Mayor Pro Tem Long withdrew his prior motion and moved, seconded by Councilman
Stern, to waive the staff report and adopt the staff recommendation to 1) ADOPT
RESOLUTION NO. 2010-78, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, APPROVING THE CANCELLATION OF CDBG
FUNDING FOR THE REACH PROGRAM FOR DEVELOPMENTALLY DISABLED
PERSONS AND REALLOCATION OF CDBG FUNDS TO THE FY2010-2011 ADA
CURB RAMP AND SIDEWALK INSTALLATION PROJECT; and, 2) ADOPT
RESOLUTION NO. 2010-79, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2010-55, THE
BUDGET APPROPRIATION FOR FY10-11, TO ADJUST THE BUDGET IN THE
CITY'S GENERAL FUND, COMMUNITY DEVELOPMENT BLOCK GRANT FUND AND
CAPITAL IMPROVEMENT PROJECTS FUND
The motion passed on the following roll call vote:
AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz
NOES: None
ABSENT: None
PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:
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September 7, 2010
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REGULAR NEW BUSINESS:
Adopting the City Charter
City Clerk Morreale reported that late correspondence was distributed regarding this
item prior to the meeting.
City Attorney Lynch provided a brief staff report and summary of the Council
Subcommittee's proposed additions to the City Charter.
Council and staff discussion ensued.
Mayor Pro Tern Long moved, seconded by Councilman Stern, to direct the City Attorney
to modify the language of the proposed City Charter based on Council's instructions
with the document to be brought back for further Council consideration and setting of
the election at the October 5, 2010 City Council Meeting. Mayor Pro Tem Long noted
that the modifications would include the following changes: 1) At Article III, Section 100,
should read "The municipal government established by the Charter shall be the form
known as the Council-Manager form of government"; and, 2) At Article VII, Section 100,
to read, "The language contained in this Charter is intended to be permissive rather
than exclusive, except for Articles 3, 4, 5, and 6, which are intended to be exclusive or
limiting." He noted that the particular language should be recommended by the City
Attorney.
City Attorney Lynch stated that she would come back to the Council with modified
language for the proposed Charter with the general guidelines discussed this evening,
including further clarification regarding the Gifts of Public Funds issue. She requested
that Council Members notify her promptly of any other topics that they may have
concern with so that language can be prepared accordingly.
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 8:27 P.M. to 8:36 P.M.
Potential Impact Resulting from Proposed Class C Airspace Designation
Surrounding the Long Beach Airport
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September 7, 2010
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Director of Finance/IT McLean provided a staff report and PowerPoint presentation
regarding the Potential Impact Resulting from Proposed Class C Airspace Designation
Surrounding the Long Beach Airport.
Council and staff discussion ensued.
Councilman Misetich moved, seconded by Councilman Stern, to adopt the staff
recommendation as presented.
Mayor Pro Tern Long suggested that a minor change be made to paragraph No. 2 with
the deletion of the word "innocent" from the first sentence.
Councilman Misetich moved, seconded by Councilman Stern, to adopt the staff
recommendation to: 1) Receive and file the Potential Impact Statement of the Federal
Aviation Administration's Proposal to Establish Class C Airspace around Long Beach
Airport and Revise Orange County (SNA) Class C Airspace prepared by Williams
Aviation Consultants; 2) Approve the attached draft public comment letter, as amended,
to the Federal Aviation Administration for signature by the Mayor; and, 3) Authorize
Staff, with the assistance of Williams Aviation Consultants, to file a technical comments
letter expressing the City's concerns to the FAA regarding the proposed airspace
change on or before September 21, 2010.
The motion passed on the following roll call vote:
AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz
NOES: None
ABSENT: None
League of California Cities Annual Resolutions
Deputy City Manager Petru provided a summary staff report regarding the various
League of California Cities Annual Resolutions to be presented at the upcoming
Business Meeting for consideration.
Council and staff discussion ensued regarding Resolution No. 3 (AB 32/SB 375).
Councilman Stern moved, seconded by Mayor Pro Tern Long, to instruct the City's
Voting Delegate to uphold the position of the League of California Cities' Board of
Directors, and to vote no on the Desert/Mountain Conservancy Resolution.
Council discussion ensued.
The motion failed on the following roll call vote:
AYES: Long and Stern
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September 7, 2010
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NOES: Campbell, Misetich, and Mayor Wolowicz
ABSENT: None
Councilman Misetich moved, seconded by Mayor Wolowicz, to instruct the City's Voting
Delegate to support the position of the Desert/Mountain Conservancy Resolution (AB
32/SB 375).
The motion passed on the following roll call vote:
AYES: Campbell, Misetich, and Mayor Wolowicz
NOES: Long and Stern
ABSENT: None
Councilman Stern moved, seconded by Councilman Misetich to: Authorize the City
Council's Voting Delegate to vote in support of the adoption of League of California
Cities General Assembly Resolution Nos. 1 (League Bylaws), 2 (Let's Move Campaign),
4 (Responsible Banking), 5 (Unfunded State Mandates), and 6 (Public Safety While
Driving a Motor Vehicle).
The motion passed on the following roll call vote:
AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz
NOES: None
ABSENT: None
Request by Councilman Campbell to Discuss Indemnification and Defense by the
City of Elected and Appointed City Officials
This item was removed from the agenda.
CITY COUNCIL ORAL REPORTS:
Each Council Member reported on his attendance at various organization and
association meetings since the last City Council Oral Reports were provided on August
3, 2010.
CLOSED SESSION REPORT:
City Attorney Lynch reported on the following Closed Session items: 1) With respect to
the two Existing Litigations regarding the Marymount College Argument and Rebuttal in
the Dr. Michael S. Brophy v. Dean C. Logan, Registrar-Recorder/County Clerk for Los
Angeles County and Carla Morreale, City Clerk of the City of Rancho Palos Verdes et
al., and Jeffrey Lewis v. Carla Morreale, City Clerk of the City of Rancho Palos Verdes
case and the Dean C. Logan, Registrar-Recorder/County Clerk for Los Angeles County
et al. reports were provided and no action taken; and, 2) With respect to the Existing
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September 7, 2010
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Litigation regarding Monks v. City of Rancho Palos Verdes; Enstedt and the Portuguese
Bend Alliance For Safety v. City of Rancho Palos Verdes; and Lisa Dennen Monks and
Zone 2 Property Rights v. Superior Court of Los Angeles County a report was provided
and unanimous direction given to the City Attorney and special Counsel.
ADJOURNMENT:
At 9:26 P.M., Mayor Wolowicz adjourned the meeting in the memory of Paul Conrad to
Tuesday, September 21, 2010 at 6:00 P.M. at Hesse Park to conduct interviews of
applicants for the vacancy on the Finance Advisory Committee.
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City Council Minutes
September 7, 2010
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