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CC MINS 20101104 ADJ MINUTES RANCHO PALOS VERDES CITY COUNCIL ADJOURNED REGULAR MEETING NOVEMBER 4, 2010 The meeting was called to order at 6:00 P.M. by Mayor Wolowicz at Fred Hesse Community Park, 29301 Hawthorne Boulevard, notice having been given with affidavit thereto on file, and was immediately recessed into the 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); Kathryn Downs, Deputy Director of Finance/IT; Greg Pfost, Community Development Deputy Director; Tom Odom, Interim Recreation and Parks Director/Deputy Director of Public Works; Kit Fox, Associate Planner; Nicole Jules, Senior Engineer; Eric Mausser, Human Resources Manager; Paul Christman, Building Official; and Carla Morreale, City Clerk. FLAG SALUTE: The Flag Salute was led by Betty Wheaton. MAYOR'S ANNOUNCEMENTS: Director of Finance/IT McLean announced that Mr. Vegvari of Palos Verdes on the Net and Cox Communication staff recently made repairs to the audio system at Hesse Park. He reminded Council and staff members to sit near the microphones when speaking and those at the podium to adjust the microphone prior to speaking. Mayor Wolowicz provided comments and a PowerPoint presentation regarding the recent passing of Senator Jenny Oropeza. Mayor Wolowicz noted that the meeting would be adjourned in the memory of Senator Oropeza and former Mayor John McTaggart, who passed away one year ago. RECYCLE DRAWING: Mayor Wolowicz announced Recyclers of the Month from the October 19, 2010 City Council meeting: Lee Lee; and Lenn Wikstrom. He indicated that all winners receive a City Council Minutes November 4, 2010 Page 1 of 9 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 Misetich moved, seconded by Councilman Stern, to approve the agenda. Without objection, Mayor Wolowicz so ordered. PUBLIC COMMENTS: Sunshine, Rancho Palos Verdes, congratulated the Council and staff for the recent award of a grant to improve the California Coastal Trail in Rancho Palos Verdes. She stated that City staff needs to re-evaluate the different Trails Network Plans prepared by the City over time. She reported that Council policy direction was needed regarding eleven recommendations that the Open Space Task Force had presented to Council at the conclusion of its work. Lenee Bilski, Rancho Palos Verdes, stated that she had concerns regarding the proposed construction of the Annenberg Project at Lower Point Vicente Park. She opined that the City-owned coastal land should be protected from the proposed Annenberg project, and reported that the project has increased in square footage and building height since it was introduced two years ago. She stated that much of the building was dedicated to dogs and cats and not available for public use. She stated that deed and land use restrictions do not allow for the use of City parkland in this way, and that the project was not consistent with the General Plan, zoning, and coastal program. She added that the Draft Environmental Impact Report (DEIR) suggested that an alternative inland location for the project was preferable. Mike McTaggart, Rancho Palos Verdes, expressed his thanks to the City Council and community for the outpouring of concern that the family has received over the last year after his father's passing. He requested a modification to the City Council's Policy requiring a 5-year moratorium period after a person's passing before the consideration of the naming of a park or facility after that City leader. He asked that an item be agendized regarding the topic in the future. Ted Vegvari, Palos Verdes on the Net, provided brief comments about former Mayor John McTaggart and shared a video clip featuring him as he commented on the history and founding of the City of Rancho Palos Verdes. Sharon Yarber, Rancho Palos Verdes, highlighted points from a letter that she had emailed to Council Members regarding the proposed development of the Annenberg Project. She noted that several City documents indicate that Lower Pt. Vicente was zoned recreational passive which is defined as outdoor recreational and open space recreational. She stated that a private foundation project does not belong at Lower Pt. City Council Minutes November 4, 2010 Page 2 of 9 Vicente and highlighted her comments in the letter regarding the Program of Utilization for the property. CITY MANAGER REPORT: City Manager Lehr provided the following announcements: 1) A status report regarding the commitment made by Marymount College to reimburse the City of Rancho Palos Verdes for the November 2, 2010 Election costs; and, 2) A report and video regarding the City's participation in the California Great Shakeout Earthquake Drill on October 21, 2010 in the Emergency Operations Center at City Hall. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that late correspondence was distributed regarding Item No. 3 (Border Issues Status Report) prior to the meeting and there was one request to speak on that item. Mayor Pro Tem Long moved, seconded by Councilman Stern, to approve the Consent Calendar with Item No. 3 removed 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 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 October 5, 2010 Regular Meeting; October 19, 2010 Adjourned Regular Meeting (NIMS Executive Training); and October 19, 2010 Regular Meeting. Border Issues Status Report This item was removed from the Consent Calendar for separate consideration. City Council Minutes November 4, 2010 Page 3 of 9 Amendment to the FY 10-11 Community Development Block Grant Program Administration Professional Services Agreement Approved and executed the First Amendment to the professional services agreement between Diana Cho and Associates and the City of Rancho Palos Verdes, to add the provisions and requirements of the Los Angeles County Defaulted Property Tax Reduction Program. Amendment to the FY 10-11 Home Improvement Program Administration Professional Services Agreement Approved and executed the First Amendment to the professional services agreement between MDG Associates, Inc. and the City of Rancho Palos Verdes, to add the provisions and requirements of the Los Angeles County Defaulted Property Tax Reduction Program. Advance and Repayment Agreement between City and Redevelopment Agency Approved the Advance and Repayment Agreement between the City and Redevelopment Agency. September 2010 Monthly Report of Cash Balances Received and filed the September 2010 Monthly Report of Cash Balances for the City of Rancho Palos Verdes. Register of Demands ADOPTED RESOLUTION NO. 2010-100, 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: Border Issues Status Report Mayor Wolowicz suggested that the Council hear the speaker on the particular topic of interest under the Border Issues Status Report. Without objection, Mayor Wolowicz so ordered. Jeanne Lacombe, President, Rolling Hills Riviera Homeowners Association (HOA), Rancho Palos Verdes, stated that gas tanks at the Rancho LPG Facility near City Council Minutes November 4, 2010 Page 4 of 9 residences in Rancho Palos Verdes contain propane and butane gas and were originally proposed to be moved to Pier 400 in the Port of Los Angeles. She asked for City's support in having these tanks removed from the area due to the seriousness of this as a public safety issue. Associate Planner Fox provided a brief staff report regarding the Rancho LPG Butane Storage Facility. Council and staff discussion ensued. Mayor Pro Tem Long moved, seconded by Councilman Stern, to direct staff to continue to monitor the Rancho LPG Butane Tank Facility and provide status update reports to the City Council. Without objection, Mayor Wolowicz so ordered. Mayor Pro Tem Long moved, seconded by Councilman Misetich, to receive and file the report. Without objection, Mayor Wolowicz so ordered. PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA: REGULAR NEW BUSINESS: Neighborhood Permit Parking Program City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were seven requests to speak on the item. Senior Engineer Jules provided a brief staff report and PowerPoint presentation regarding the Neighborhood Permit Parking Program. Council and staff discussion of the item ensued. RECESS AND RECONVENE: Mayor Wolowicz called a brief recess from 8:39 P.M. to 8:49 P.M. Robert West, Rancho Palos Verdes, stated that he and his neighbors who live near Dodson Middle School are in support of the City's proposed Neighborhood Permit Parking Program and the proposal that those near a school would not have to pay for the permit. City Council Minutes November 4, 2010 Page 5 of 9 Kel Rhoads, Rancho Palos Verdes, stated that he and his neighbors initially were not interested in staying in the City parking program, but with Peninsula High School's recent interest in stadium lighting for nighttime football games and activities, many of his neighbors are now interested in the proposed Neighborhood Permit Parking Program. Jeanne Lacombe, Rolling Hills Riviera HOA, Rancho Palos Verdes, stated that the parking and traffic in the neighborhood around Dodson Middle School are problematic and she and many of her neighbors are looking forward to the start of the Neighborhood Permit Parking Program in their particular neighborhood. Mary Schaal, Rancho Palos Verdes, stated that she believed her neighborhood is currently in the City's Neighborhood Permit Parking Program but noted that the signs need to be updated to allow for extended hours of the permit due to changes in activities at Peninsula High School. Lenee Bilski, Rancho Palos Verdes, stated that her research indicated that the Council did not direct the staff to begin a new Neighborhood Permit Parking Program. She stated that the revised Neighborhood Parking Permit Program seems to have been generated by staff, and opined that the existing program should continue to be handled by volunteers so that there are no administrative costs. She spoke in support of no fee for parking permits in areas near schools, parks, or the beaches. Joe Lindorfer, Rancho Palos Verdes, stated that he had concerns regarding the proposed fees which were based on the hourly rate of staff labor. He suggested the reduction in fees and noted the difficulty in determining who might qualify to be exempt from fees since many people live near schools, parks, the Nature Preserve, or public trails. Marilou Lieman, Rancho Palos Verdes, stated that there is very little traffic on the lower portion of Fond du Lac on which she lives and noted that she and her immediate neighbors decided to opt out of the program. She continued that she did understand the desire of those on upper Fond du Lac, who live closer to Peninsula High School, in wanting to participate in the Neighborhood Permit Parking Program, but opined that the stadium light project will never be approved. Council and staff discussion continued. Mayor Pro Tem Long moved, seconded by Councilman Campbell, to re-confirm the Neighborhood Permit Parking Program and direct staff to proceed with preparation of a resolution to establish permit fees. The motion passed on the following roll call vote: AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz NOES: None ABSENT: None City Council Minutes November 4, 2010 Page 6 of 9 Adoption of Pension Reform (Pension Revision) City Clerk Morreale reported that late correspondence was distributed prior to the meeting. Mayor Wolowicz provided a report regarding proposed Pension Revision for future employees of the City of Rancho Palos Verdes. Council and staff discussion ensued. Mayor Pro Tem Long moved, seconded by Councilman Stern, to: 1) Select and retain a retirement plan consulting firm to assist in studying the feasibility of alternative pension plans designed to provide cost control; and, 2) Appoint a two-member City Council subcommittee consisting of Mayor Wolowicz and Mayor Pro Tem Long to: a) work with City Staff in the selection of the consulting firm; b) work with the consultant and City Staff in the analysis and recommendation of the Phase I report on feasibility of alternative plans; and, c) by March 31, 2011, or a date to be determined by the subcommittee and staff, submit a recommendation for further study as appropriate to City Council. Council discussion continued. Mayor Pro Tem Long rephrased the motion, seconded by Councilman Stern, to: 1) Select and retain a retirement plan consulting firm to assist in the identification of the feasible and viable alternative pension plans designed to provide cost control; and, 2) Appoint a two-member City Council subcommittee consisting of Mayor Wolowicz and Mayor Pro Tem Long to: a) work with City Staff in the selection of the consulting firm; b) work with the consultant and City Staff in the performance of the analysis and presentation of possible alternatives of viable pension plans for future employees to be considered for further study; and, c) by January 31, 2011, submit the results of the preliminary report to the City Council. Additional Council discussion ensued. 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 11:04 P.M. to 11:14 P.M. City Council Minutes November 4, 2010 Page 7 of 9 Introduction of Ordinance Adopting New State Building Codes and Los Angeles County Fire Code City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there was one request to speak on the item. Councilman Stern moved, seconded by Mayor Pro Tem Long, to waive the staff report and hear the speaker regarding the item. Without objection, Mayor Wolowicz so ordered. Don Norton, Rancho Palos Verdes, stated that he had concerns regarding the cost issues associated with the Los Angeles Fire Code which requires that any new single family residence built needs to include the installation of fire sprinklers. He reported that he installed fire sprinklers in his home during their recent remodel but noted that fire sprinklers require a larger pipe supply connection which proves to be a costly addition over time through California Water Service charges. He suggested the consideration of a waiver through the California Public Utilities Commission to allow for a smaller water connection for fire sprinklers, noting that the City of Redondo Beach and other South Bay Cities have acquired such a waiver. Council and staff discussion ensued. Councilman Stern moved, seconded by Mayor Pro Tem Long, to INTRODUCE ORDINANCE NO. 516, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, ADOPTING BY REFERENCE THE 2010 EDITION OF THE CALIFORNIA BUILDING, RESIDENTIAL, GREEN BUILDING, PLUMBING, ELECTRICAL AND MECHANICAL CODES, WHICH ARE CODIFIED IN TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS; THE 2011 LOS ANGELES COUNTY FIRE CODE, WHICH IS TITLE 32 OF THE LOS ANGELES COUNTY CODE, CHAPTER 7A OF TITLE 26 OF THE LOS ANGELES COUNTY CODE; THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS 1997 EDITION; THE UNIFORM HOUSING CODE 1997 EDITION; AND, THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2006 EDITION, WITH APPENDICES AND AMENDMENTS THERETO, AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. The motion passed on the following roll call vote: AYES: Campbell, Long, Misetich, Stern, and Mayor Wolowicz NOES: None ABSENT: None City Council Minutes November 4, 2010 Page 8 of 9 CITY COUNCIL ORAL REPORTS: Mayor Wolowicz reminded Council Members that the oral reports are part of the transparency of government to provide the public with information regarding persons that Council Members have met with and meetings they have attended. He noted that the reports were not optional and that they may be either oral or written. Each of the Council Members reported on his attendance at various organization and association meetings since the last City Council Oral Reports were provided on October 19, 2010. CLOSED SESSION REPORT: City Attorney Lynch reported that the Council unanimously (5-0) directed the City Attorney to advise the Trump National organization that the Council will not discuss, as part of any Closed Session, the negotiation of any Conditions of Approval or changes to the project that would require a duly noticed public hearing. She reported that she was directed to advise Mr. Trump's attorneys that they should file their brief forthwith, which is due tomorrow; and that she sent a notification email to that effect and received an acknowledgment this evening. ADJOURNMENT: At 11:43 P.M., Mayor Wolowicz adjourned the meeting in the memory of Senator Jenny Oropeza and former Mayor John McTaggart. 4. Mayor Attest: p&1, ity Clerk W:\City Council Minutes\2010\20101104 CC MINS ADJD MTG.doc City Council Minutes November 4, 2010 Page 9 of 9