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CC MINS 20080701 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JULY 1, 2008 The meeting was called to order at 7:09 P.M. by Mayor Stern at Fred Hesse Community Park, 29301 Hawthorne Boulevard. City Council roll call was answered as follows: PRESENT: Clark, Gardiner, Long, Wolowicz, and Mayor Stern ABSENT: None Also present were Carolyn Lehr, City Manager; Carol Lynch, City Attorney; Carolynn Petru, Deputy City Manager; Joel Rojas, Director of Planning, Building, and Code Enforcement; Jim Bell, Director of Public Works; Ron Rosenfeld, Director of Recreation and Parks; Kathryn Downs, Deputy Director of Finance and Information Technology; Ron Dragoo, Senior Engineer; Gary Gyves, Senior Administrative Analyst; Lauren Ramezani, Senior Administrative Analyst; Matt Waters, Senior Administrative Analyst; Sara Singer, Senior Administrative Analyst; Alan Braatvedt, CBM Consulting; and Carla Morreale, City Clerk. FLAG SALUTE: The Flag Salute was led by Deputy Director of Finance and Information Technology Kathryn Downs. MAYOR'S ANNOUNCEMENTS: Mayor Stern announced with regret the passing of the City's first Mayor, Marilyn Ryan, who was instrumental in the formation of the City of Rancho Palos Verdes. Mayor Stern reported on the groundbreaking ceremony of the McCarrell Storm Drain Project located near the Palos Verdes Bay Club just prior to this evening's meeting. RECYCLE DRAWING: Mayor Stern announced Recyclers of the Month from the June 17, 2008 City Council meeting: Mike Quary and Mary Jo Eladi. 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 AGENDA: Mayor Pro Tem Clark moved, seconded by Councilman Long, to approve the Agenda with Item 18 moved up on the agenda to follow immediately after the Consent Calendar. City Council Minutes July 1, 2008 Page 1 of 16 Without objection, Mayor Stern so ordered. PUBLIC COMMENTS: Captain Ronene Anda announced that Deputy John Despot would be leaving the Lomita Sheriff's Station to join the Los Angeles County Advanced Surveillance and Patrol (ASAP) Team and introduced Deputy Rich Johnson who would be his replacement. She noted that Deputy Johnson has been with the Los Angeles County Sheriff's Dept. for 26 years, at the Lomita Station for 10 years, and is a veteran Community Resource (CORE) Deputy. CITY MANAGER REPORT: City Manager Lehr thanked those who attended the McCarrell Groundbreaking Ceremony prior to this evening's Regular Meeting. She provided an update on a Public Record Act request from Attorney Brian Hildreth, and a request for information from Attorney Chip Rawlings, attorney for Councilman Gardiner, noting the staff time since February 2008 totaled approximately 200 hours and expenses totaled approximately $50,000 added to the initial costs of approximately $30,000. PUBLIC COMMENTS: Michael Diehl, Rancho Palos Verdes, stated that there is a problem with the growing peacock population in the Vista Grande area and requested that the Council consider placing an item on an agenda regarding the matter, noting that residents should not be required to trap the birds for relocation. Council and staff discussion focused on the City's previous efforts to address the peafowl problem; the scope of the current problem; and, the effectiveness of the City's service with the Los Angeles County Animal Control. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that late correspondence was distributed regarding Item Nos. 6 and 7 prior to the meeting. Councilman Wolowicz moved, seconded by Mayor Pro Tern Clark, to approve the Consent Calendar with Item Nos. 4 and 11 removed from the Consent Calendar to follow Regular Business. The motion passed on the following roll call vote: AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern* City Council Minutes July 1, 2008 Page 2 of 16 NOES: None Mayor Stern abstained from voting on Item 9. 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 (301) Approved the Minutes of the February 19, 2008 Adjourned Regular Meeting. Claim Against the City by Valerie Blitz (303) Rejected the late claim application and directed staff to notify the claimant. Border Issues Status Report (310) This item was removed from the Consent Calendar for separate consideration. City Maintenance Contract Extensions (1204) Approved a one-year contract extension for FY 08-09 to Republic Electric for signal maintenance, Hardy & Harper for roadway maintenance, and Nationwide Environmental Services for street sweeping. Professional Services Agreement for FY 2008-09 and 2009-10; National Pollutant Discharge Elimination System (NPDES)/Total Maximum Daily Load (TMDL) Implementation (1402) 1) Awarded a professional services contract to John L. Hunter and Associates, Inc. (JLHA) for FY 2008-09 and 2009-10 for National Pollutant Discharge Elimination System (NPDES) for a not to exceed amount of$39,500 for FY 2008-09, and $40,500 for FY 2009-10; and up to $5,000 each fiscal year for unspecific services related to unanticipated events such as major sanitary sewer overflows, or new adopted rules and regulations based upon time and materials; and up to $8,500 annually for services related to Total Maximum Daily Load (TMDL) implementation; and, 2) Authorized the Mayor and City Clerk to execute an agreement with John L. Hunter and Associates, Inc. Ginsburg Dolphin Statue Dedication Ceremony (1201 x 1411 x 602) ADOPTED RESOLUTION NO. 2008-57, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2008-47, THE BUDGET APPROPRIATION FOR FY 08/09 FOR A BUDGET ADJUSTMENT OF City Council Minutes July 1, 2008 Page 3 of 16 $14,000 TO THE CITY'S GENERAL FUND FOR A DOLPHIN STATUE DEDICATION CEREMONY AT SUNSET POINT PARK, HONORING THE GENEROUS DONATION OF DR. ALAN AND CHARLOTTE GINSBURG. Follow-up Report on Revised Regulations for Improvements to Existing Residences and Possible Water Intrusion in the Landslide Moratorium Area (1801) Received and filed the report. Revised Resolution for Windport Canyon Tax-Defaulted Property Purchase (950) ADOPTED RESOLUTION NO. 2008-58, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, RE-AUTHORIZING THE PURCHASE OF TAX-DEFAULTED PROPERTY LOCATED IN WINDPORT CANYON IDENTIFIED AS APN 7583-039-030, PURSUANT TO CHAPTER 8 AGREEMENT NO. 2610, AND PREVIOUSLY AUTHORIZED BY RESOLUTION NO. 2008-08. May 2008 Treasurer's Report (602) Received and filed the May 2008 Treasurer's Report for the City of Rancho Palos Verdes. Annual Appropriation Limit for FY08-09 (602) This item was removed from the Consent Calendar for separate consideration. City Investment Policy— FY08-09 (602) Adopted and filed the FY08-09 investment policy for the City of Rancho Palos Verdes. Register of Demands ADOPTED RESOLUTION NO. 2008-59, 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 HEARINGS: None. On-Street Parking of Oversized Vehicles (1502) City Clerk Morreale reported that late correspondence was distributed regarding this item prior to the meeting. City Council Minutes July 1, 2008 Page 4 of 16 Mayor Pro Tern Clark moved, seconded by Councilman Long, to continue the item with concurrent information covering the issue of potential Overnight Parking Restrictions addressed at the same time. City Clerk Morreale indicated that the item was tentatively scheduled to be on the August 19, 2008 City Council Agenda. Council and staff discussed the review of issues related to overnight parking and oversized vehicle parking by the Traffic Safety Commission, Lomita Sheriff's Department, and City Attorney's Office. Stanislav Parfenov, Chair, Traffic Safety Commission, Rancho Palos Verdes, reported that the Commission had wanted to review the On-Street Parking of Oversized Vehicles at their meeting on July 28, 2008, prior to the matter returning to the City Council in August. The motion passed on the following roll call vote: AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern NOES: None PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA: REGULAR NEW BUSINESS: City's Solid Waste Collection Contingency Plan (1301) City Clerk Morreale reported that late correspondence was distributed regarding this item prior to the meeting. Senior Administrative Analyst Ramezani provided a summary staff report on the item. Councilman Wolowicz stated that he thought it important to consider the possible implementation of an early warning system from Waste Management for anticipated problems; arrangements to employ other trash haulers for situations where there are prolonged service delays or disasters; staff's plans for temporary centralized service; and, a written City policy with action items for implementation by staff. Councilman Wolowicz moved, seconded by Mayor Pro Tem Clark, to 1) Consider the City's proposed solid waste collection contingency plan for approval; and, 2) Direct staff to prepare a contract amendment to include the contingency plan in the City's residential solid waste contracts with USA Waste of California dba Waste Management of Los Angeles and Universal Waste Systems, Inc. The motion passed on the following roll call vote: City Council Minutes July 1, 2008 Page 5 of 16 AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern NOES: None Procedures for Bulk/Excess Green Waste Collection (1301) City Clerk Morreale reported that late correspondence was distributed regarding this item prior to the meeting. Senior Administrative Analyst Ramezani provided a summary staff report on the item. Council and staff discussion focused on the following issues: concerns with the importance of the hauler picking up excess green waste in order to encourage brush clearance; the rate structure for green waste vs. regular trash pickup as part of the contract; brush clearing procedures; Homeowners Associations' (HOA) organized brush clearances; multiple trucks, the size of containers, and number of containers permitted for green waste pickup; and, a suggestion to adopt staff's recommendations and monitor their effectiveness. Susan Moulton, Waste Management, responded to Council inquiries regarding the following: clarification that the rates in the staff report were based on commercial trucks; Waste Management's intent to look into providing two annual pickups for brush clearance; Waste Management's flexibility and the ability to accommodate homeowners with advance notice from neighborhoods or HOAs; clear plastic bags as optimal for green waste materials if a green container is not used; and, possible consecutive weekends for excess green waste pickup. Ms. Moulton acknowledged that there may be a need for exceptions to the rule and noted that Waste Management would be working to accommodate the residents. The Council received clarification from staff that the public was not being asked to pay anything extra for services they were already receiving, and the allowance for a longer work day for the Annual Bulk/Excess Green Waste Collection would be allowed. Mel Hughes, Rancho Palos Verdes, commented on the change to the hauler's pickup procedures and frequent late pickups, and issues related to people with a large amount of trash to be picked up. Responding to Mayor Pro Tem Clark, Susan Moulton explained that the number of trucks on the streets has been reduced due to the use of the newer Liquid Natural Gas (LNG) trucks, which are more expensive. She agreed to research the issue related to late pickups, noting that when the City was rerouted, the issue of late pickups was to be addressed. Ms. Moulton provided a customer service hotline number (1-800-774-0222) for resident questions and comments. City Manager Lehr clarified that the City requires that homeowners only place trash in front of their own homes. City Council Minutes July 1, 2008 Page 6 of 16 Councilmember Long moved, seconded by Mayor Pro Tem Clark, to 1) Review and approve the proposed procedure, process and cost for handling bulk/excess green waste; 2) Direct staff to prepare contract amendments to include the approved procedure, process and cost in the City's residential solid waste contracts with USA Waste of California dba Waste Management of Los Angeles, and Universal Waste Systems, Inc,; and, 3) Direct staff to explore whether a method could be developed to provide a second pickup in areas of the City that do not have a Homeowners Associations (HOA). The motion passed on the following roll call vote: AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern NOES: None RECESS AND RECONVENE: Mayor Stern called a brief recess from 8:38 P.M. to 8:49 P.M. Committees and Commission Status Report (106) City Clerk Morreale reported that late correspondence was distributed regarding this item prior to the meeting. City Manager Lehr provided a brief overview on the item. Senior Administrative Analyst Gyves reported that each Department would be presenting the Mission Statement and Work Plan for the Committee or Commission that it supports. Director Rojas presented the Mission Statement of the Equestrian Committee as stated by the Commission/Committee and endorsed by staff. Mayor Pro Tem Clark moved, seconded by Councilman Wolowicz, to adopt the mission statement of the Equestrian Committee. Council and staff discussed the following topics: possible formation of a Recreation Committee to replace the Equestrian and PUMP Committees; deferral of the reformation of Committees at this time; concerns raised by the Organizational Assessment Final Report regarding the core process used to form Committees/ Commissions; and, Work Plans for the Commissions and Committees. Mayor Pro Tem Clark withdrew his motion so that staff could introduce the Equestrian Committee's Work Plan. City Council Minutes July 1, 2008 Page 7 of 16 Director Rojas provided an overview of the proposed Work Plan for the Equestrian Committee for FY 08-09. City Attorney Lynch suggested adding an aspect to the Equestrian Committee Work Plan regarding the issuing of permits and undertaking review activities for the Equestrian Overlay District as set forth in the Municipal Code. Councilman Long moved, seconded by Councilman Wolowicz, to approve the Mission Statement and Work Plan of the Equestrian Committee with the addition of the duties required by the Municipal Code. The motion passed on the following roll call vote: AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern NOES: None Council and staff discussed the following issues: the optimum number of Commission/Committee Members for each advisory board; frequency of absences and the requirement for a quorum; efficiency, benefits, costs, and concerns regarding the number of Commission/Committee Members; resources devoted to the support of Commissions/Committees versus the use of resources to provide solutions to community issues; frequency of meetings; and, the costs related to staff presence at Commission/Committee meetings. Deputy Director of Finance/IT Downs provided a report on the Finance Advisory Committee's Mission Statement and Work Plan. Bill James, Chair, Finance Advisory Committee (FAC), Rancho Palos Verdes, responding to Council inquiries, reported that the FAC had been given copies of Resolution No. 93-113, the governing document regarding the FAC, but it was not discussed as the document had not been operative for the time that he has been on the FAC. He indicated that the FAC had discussed the following issues:limiting the use of staff resources per the Organizational Assessment Final Report; willingness to review and advise the City Council on economic development matters; recommendations regarding the Cost-Based Fee Study; willingness to assume duties as assigned by the City Council; and, the presentation and complexity of the Budget format. He reported that the City had a reputation among contractors as being difficult to work with based on the structure of the City regulations. Mayor Pro Tem Clark stated that he objected to the negative generalization regarding the City's reputation. He noted that the City of Rancho Palos Verdes is known for setting the standard in a disciplined process required for attaining permits and protecting the residents. Mayor Pro Tem Clark moved, seconded by Mayor Stern, to adopt the Mission Statement and the Work Plan for the Finance Advisory Committee for FY 08-09. City Council Minutes July 1, 2008 Page 8 of 16 • Council and Chair James discussed the following issues: the feasibility of the FAC examining the Budget in detail; the creation of the City's Budget as being the responsibility of staff; and, the Commissions and Committees as advisory bodies. Council and staff discussion focused on the following topics: the need for a measured approach to consider the recommendations of the Organizational Assessment Final Report; defining the scope of work for the Commissions/Committees; FAC providing policy advice that is not duplicative of staffs efforts; the method for determining the duties and costs associated with the support of the Traffic Safety Commission; spending money to determine how to spend money; staff's conservative approach to the City's Budget; the receipt of an audited financial statement for the Comprehensive Annual Financial Report (CAFR), but not the Budget, since it is a spending plan; the Budget as a working document, which is available to the public, to actively manage the City's Budget by program; and, an assertion that government accounting is an anomaly requiring that the Budget be compared to actual results. Councilman Wolowicz moved that the FAC be chartered to look at the Budget in detail and recommend specific areas for review, with the responsibility for economic development matters also placed under their purview. The motion died for a lack of a second. Further discussion included the following topics: recommendations from the Committees/Commissions to the Council regarding the addition of tasks to their Work Plans; the Five-Year Model, which is designed to track the Budget on a program level; and, direction to the FAC to focus on policy issues rather than redoing the work of financial professionals. Councilman Wolowicz moved, seconded by Councilman Long, to allow the FAC the ability to request the assignment of additional tasks to their Work Plan and the responsibility to advise the City Council on economic development matters. The motion passed on the following roll call vote: AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern NOES: None Councilman Wolowicz moved, seconded by Councilman Gardiner, to charter the FAC to review the Budget. The motion failed on the following roll call vote: AYES: Gardiner and Wolowicz NOES: Clark, Long, and Mayor Stern City Council Minutes July 1, 2008 Page 9 of 16 Mayor Pro Tern Clark moved, seconded by Councilman Long, to approve the Mission Statement and Work Plan of the Finance Advisory Committee, as amended, for FY 08- 09. The motion passed on the following roll call vote: AYES: Clark, Long, Wolowicz and Mayor Stern NOES: Gardiner City Manager Lehr stated that staff would bring revised resolutions back to the Council and would also make the necessary revisions to the Committee and Commission Handbook. Director Bell presented a brief report on the Mission Statement presented to the Traffic Safety Commission (TSC), noting that the item would be brought back to the TSC at their next meeting in July. Council and staff discussed the following topics: an assertion that the TSC Work Plan should be forward looking; comments on staffs Work Plan, which incorporates the TSC Work Plans; the need to define TSC responsibilities so that staff work is not duplicated; concern with a lack of focus; and, the suggestion that the item be deferred until additional information is available. Stanislav Parfenov, Chair, Traffic Safety Commission, Rancho Palos Verdes, clarified the action taken at the June Traffic Safety Commission meeting, noting that comments from the Commission Members regarding the Work Plan were to be submitted to staff. He stated that the TSC sought direction from the City Council in order to have a clearer focus on the issues to be addressed. Councilman Long moved, seconded by Mayor Stern, to defer action on the TSC Mission Statement and Work Plan until after the Commission Members have returned comments to staff. Without objection, Mayor Stern so ordered. Senior Administrative Analyst Gyves provided a brief staff report regarding the Mission Statement and Work Plan for the Emergency Preparedness Committee. Mel Hughes, Chair, Emergency Preparedness Committee, Rancho Palos Verdes, responded to Council's inquiries and reported that community outreach was a major focus of the Emergency Preparedness Committee. Councilman Long moved, seconded by Councilman Gardiner, to adopt the Mission Statement and Work Plan as proposed by the Emergency Preparedness Committee, as amended, with the approved Task List, for FY 08-09. City Council Minutes July 1, 2008 Page 10 of 16 Council and staff discussion focused on clarification of the elements of the Mission Statement, Work Plan, and Task List presented as part of late correspondence. Councilman Gardiner proposed a substitute motion, seconded by Mayor Pro Tem Clark, to continue the matter to the next meeting. Chair Hughes stated that he did not believe the continuation of the item was necessary, and noted that the community outreach effort was a continuing effort of the EPC. He stated that he was an advocate of five members per Committee with the exception of the Emergency Preparedness Committee, which he and the EPC recommended to remain at seven members, due to the broad expertise of the members. The substitute motion passed on the following roll call vote: AYES: Clark, Gardiner, and Mayor Stern NOES: Long and Wolowicz Council discussed the size of the Committees and Commissions and the meeting schedules. Mayor Pro Tem Clark moved, seconded by Councilman Long, to determine the membership of all Committees and Commissions to consist of five members, with the change being implemented at the beginning of the next cycle for Committee and Commission terms. Council discussed the size of the Committees and Commissions, the quasi-judicial nature of the Planning Commission, effectiveness and efficiency of the bodies based on the size of membership, and the timing and manner in which to recruit for the City's Advisory Boards. Chair Hughes stated that the EPC could function with five members, but it would limit the expertise with which the Committee could draw from, in comparison to considerations regarding the size of the Planning Commission and other Committees/Commissions. Gordon Leon, Chair, Equestrian Committee, Rancho Palos Verdes, stated that there were differences between the various Commissions and Committees and the optimum number of members depended on the nature of the duties of the group. He expressed support for retaining the number of Equestrian Committee Members at nine. Chair James opined that the FAC could work efficiently with either five or seven members and that the size of the membership had no incremental cost to the City. He expressed concern with the methodology to be considered for reduction in the size of membership. City Council Minutes July 1, 2008 Page 11 of 16 Council discussed possible equitable methods of reduction in the size of the membership of the Committees/Commissions. Chair Parfenov opined that additional members increased the costs slightly and noted that he supported the size of the TSC at seven members. City Attorney Lynch pointed out that this agenda item did not include the Planning Commission so changes to that body should not be discussed or considered at this meeting. Mayor Pro Tem Clark moved, seconded by Councilman Long, to determine that the Finance Advisory Committee will consist of five members, with the transition to be accomplished by allowing current members to reapply through an open recruitment process. The motion passed on the following roll call vote: AYES: Clark, Long, Wolowicz, and Mayor Stern NOES: Gardiner Mayor Pro Tem Clark moved, seconded by Councilman Long, to determine that the Equestrian Committee will consist of five members, with the transition to be accomplished by allowing current members to reapply through an open recruitment process. The motion passed on the following roll call vote: AYES: Clark, Long, Wolowicz, and Mayor Stern NOES: Gardiner Mayor Pro Tern Clark moved, seconded by Councilman Long, to defer the action on the Emergency Preparedness Committee's Mission Statement and Work Plan until July 15, 2008; give tentative direction to staff regarding the size of the Committee to be five members; and, direct staff to return with resolutions commemorating Council's actions. The motion passed on the following roll call vote: AYES: Clark, Long, and Mayor Stern NOES: Gardiner and Wolowicz Mayor Pro Tern Clark moved, seconded by Councilman Long, to defer the action regarding the Traffic Safety Commission's Mission Statement, Work Plan and meeting frequency until after its next meeting scheduled for July 28, 2008, and gave tentative direction to staff regarding the size of the Commission to be five members. The motion passed on the following roll call vote: City Council Minutes July 1, 2008 Page 12 of 16 AYES: Clark, Long, and Mayor Stern NOES: Gardiner and Wolowicz RECESS AND RECONVENE: Mayor Stern called a brief recess from 11:21 P.M. to 11:29 P.M. Committees and Commission Status Report (continued) Council discussed the frequency of meetings for the Committees and Commissions. Councilman Long moved, seconded by Mayor Stern, to determine the frequency of meetings for the Finance Advisory Committee (FAC) to be four meetings per year, with additional meetings authorized if necessary. The motion passed on the following roll call vote: AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern NOES: None Chair James clarified that the FAC had envisioned that additional meetings could be added if necessary. Mayor Pro Tem Clark moved, seconded by Mayor Stern, that the Equestrian Committee meet once every quarter for 2008 with review at the end of the year for the next year. Councilman Long proposed a substitute motion, seconded by Councilman Wolowicz, that the Equestrian Committee meet bi-monthly. The motion passed on the following roll call vote: AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern NOES: None Councilman Long moved, seconded by Councilman Wolowicz, that the frequency of Emergency Preparedness Committee meetings be monthly, with the ability to cancel any unnecessary meetings with the concurrence of the Committee Chair and staff liaison. The motion passed on the following roll call vote: AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern NOES: None City Council Minutes July 1, 2008 Page 13 of 16 Re-introduce a Code Amendment to Municipal Code Chapter 17.11, "Affordable Housing," Chapter 17.96, "Definitions," and Chapter 15.20, "Moratorium on Land Use Permits" (701 X 1801) Councilman Long moved, seconded by Mayor Stern, to waive the staff report. Without objection, Mayor Stern so ordered. Councilman Long moved, seconded by Mayor Pro Tem Clark, that the City Council RE- INTRODUCE ORDINANCE NO. 474, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, AMENDING CHAPTER 17.11 (AFFORDABLE HOUSING), CHAPTER 17.96 (DEFINITIONS) AND CHAPTER 15.20, (MORATORIUM ON LAND USE PERMITS) OF THE CITY'S MUNICIPAL CODE TO CONFORM TO STATE DENSITY BONUS LAWS, TO IMPLEMENT CITY COUNCIL POLICY PERTAINING TO THE LOCATION OF FUTURE AFFORDABLE HOUSING UNITS, TO MAKE CHANGES TO THE SECTION PERTAINING TO AFFORDABLE HOUSING REQUIREMENTS FOR NON-RESIDENTIAL PROJECTS, AND TO PERMIT SECOND DWELLING UNITS IN THE PORTION OF THE LANDSLIDE MORATORIUM AREA THAT IS SERVED BY SANITARY SEWERS. The motion passed on the following roll call vote: AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern NOES: None Status Update of Lower San Ramon Canyon/Tarapaca — Flooding of 25th Street (604) Councilman Long moved, seconded by Mayor Pro Tem Clark, to continue the item to a future meeting when there is more time for consideration while the public is present. Council and staff discussed concerns that none of the involved agencies were willing to commit to funding a design effort to address the flooding at the Lower San Ramon Canyon/Tarapaca/25th Street area. Councilman Wolowicz suggested that Mayor Stern contact Councilwoman Janice Hahn and Los Angeles County Supervisor Don Knabe to expedite the issue. Public Works Director Bell suggested that staff have the opportunity to present the material to the Council before Mayor Stern contacts the other agencies. The motion passed on the following roll call vote: AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern NOES: None City Council Minutes July 1, 2008 Page 14 of 16 Border Issues Status Report Councilman Wolowicz reported that there would be no further opportunity for public input on the approval of the 75-unit mixed use Mediterranean Village condominium project on Deep Valley Drive in Rolling Hills Estates. He stated that the City of Rancho Palos Verdes should take a firm stand on the next project which is a proposal for an additional project of over 100 units. Council discussed the following issues: concerns with water storage issues on the Peninsula, including a limited supply of water; lack of a global plan for the development of the downtown Rolling Hills Estates area; the absence of a forum for Peninsula-wide issues; a suggestion to send a representative from the Council to formally represent the views of the City of Rancho Palos Verdes regarding the Ponte Vista Project; and, a suggestion for the proposal of a parallel arterial street to Western Avenue to alleviate traffic issues. Councilman Long moved, seconded by Councilman Wolowicz, to receive and file the current report on the status of border issues. Without objection, Mayor Stern so ordered. Annual Appropriation Limit for FY08-09 (602) Councilman Long pointed out that the formula used to calculate the Annual Appropriation Limit begins with the assumption that the amount determining the needs of a particular government entity is set at an "appropriate" amount. He inquired as to the consequences of not adopting the resolution. City Attorney Lynch indicated that it would be a violation of the State Constitution to not adopt the resolution establishing the Annual Appropriation Limit for the City of Rancho Palos Verdes. Councilman Wolowicz moved, seconded by Councilman Long, to ADOPT RESOLUTION NO. 2008-60, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ESTABLISHING THE CITY'S APPROPRIATION LIMIT FOR FY08-09. The motion passed on the following roll call vote: AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern NOES: None CITY COUNCIL ORAL REPORTS: Councilman Long moved, seconded by Mayor Stern, to defer City Council Oral Reports to the next meeting. City Council Minutes July 1, 2008 Page 15 of 16 Without objection, Mayor Stern so ordered. Councilman Wolowicz stated that he wanted to offer recognition and support to Merrill Moses, a member of the U.S. Olympic Water Polo Team, who is a resident of the City of Rancho Palos Verdes. He suggested that Mr. Moses be invited to a future Council meeting and the Council offered its best wishes for his success. COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS: Councilman Gardiner suggested an agenda item regarding the geological conditions at Pt. Vicente Interpretive Center. Mayor Stern asked to agendize an item to discuss the size of the membership of the Planning Commission and the frequency of meetings. Councilman Wolowicz asked for an agenda item regarding peafowl management and an item to revisit the City's policy on the employee pension reform regarding a defined benefit plan vs. a defined contribution plan. ADJOURNMENT: Mayor Stern adjourned the meeting at 11:58 P.M. in memory of Marilyn Ryan, the City's First Mayor. k Mayor Attest: City Clerk W:\City Council Minutes\2008\20080701 CC MINS.doc City Council Minutes July 1, 2008. Page 16 of 16