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CC MINS 20080805 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING AUGUST 5, 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; Dennis McLean, Director of Finance and Information Technology; Joel Rojas, Director of Planning, Building, and Code Enforcement; Jim Bell, Director of Public Works; Greg Pfost, Deputy Planning Director; Kathryn Downs, Deputy Director of Finance and Information Technology; Ara Mihranian, Principal Planner; John Alvarez, Senior Planner; So Kim, Assistant Planner; and Carla Morreale, City Clerk. FLAG SALUTE: The Flag Salute was led by Mayor Stern. MAYOR'S ANNOUNCEMENTS: Mayor Stern presented photos of the Dolphin Statue Unveiling Ceremony at Marilyn Ryan Sunset Point Park held by the City honoring Dr. and Mrs. Ginsburg for their generous donation to the City. RECYCLE DRAWING: Mayor Stern announced that there were no winners in the current recycling drawing and urged everyone to participate in the City's recycling program. APPROVAL OF AGENDA: Mayor Pro Tem Clark moved, seconded by Councilman Wolowicz, to approve the Agenda, as amended, with Items 12 and 22 to follow immediately after the Consent Calendar. Without objection, Mayor Stern so ordered. PUBLIC COMMENTS: City Council Minutes August 5, 2008 Page 1 of 16 Robert Maxwell, Portuguese Bend Community Association, Rancho Palos Verdes, reported on the amount of land movement per year in the Portuguese Bend area and asked that more attention be paid to this problem area. CITY MANAGER REPORT: City Manager Lehr announced that the City Council meetings are simulcast live on Cox Cable Channel 33 and Verizon Fios Channel 38; gave a brief update on the information technology recommendations by Management Partners, Inc.; and invited Public Works Director Bell to provide an update on the Army Corps of Engineers' Project Permit for the McCarrell Canyon Storm Drain Project. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: Councilman Wolowciz moved, seconded by Mayor Pro Tem Clark, to approve the Consent Calendar with Items 4 and 7 removed from the Consent Calendar for separate discussion immediately after Regular Business. The motion carried on the following roll call vote: AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern NOES: 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 (301) Approved the Minutes of the March 18, 2008 Regular Meeting; April 1, 2008 Regular Meeting; and, May 10, 2008 Adjourned Regular Meeting/Community Leaders' Breakfast. Claim Against the City by Vivian Upegui (303) Rejected the claim and directed staff to notify the claimant. Border Issues Status Report (310) This item was removed from the Consent Calendar for separate consideration. Storm Drain Maps on Geographical Information System (GIS) (602) City Council Minutes August 5, 2008 Page 2 of 16 1) Amended the professional services contract with Lenocker and Associates to extend the scope of services and increase the existing contract amount of$42,000 by a maximum additional amount of$52,800 for total contract of$94,800; and, 2) Authorized the Mayor and City Clerk to sign the amendment to the professional services contract documents with Lenocker and Associates. Additions to the Consolidated Loan between the City and Redevelopment Agency for Expenses Incurred During FY07-08 (602) Received and filed this staff report, which provides information regarding FY08-09 loan additions to the Rancho Palos Verdes Redevelopment Agency in the amount of$44,485 for expenses incurred by the City during FY07-08. The Consolidated Loan Agreement dated December 1, 2003 authorizes the loan additions. Award Contract to CBM Consulting, Inc. for Professional/Technical Services (1204) This item was removed from the Consent Calendar for separate consideration. Budget Adjustment for the Marilyn Ryan Sunset Point Park Dedication Ceremony (1201) ADOPTED RESOLUTION NO. 2008-68, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2008-47, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2008-09, FOR A BUDGET ADJUSTMENT IN THE AMOUNT OF $9,000 FROM THE GENERAL FUND FOR THE MARILYN RYAN SUNSET POINT PARK DEDICATION CEREMONY. Register of Demands ADOPTED RESOLUTION NO. 2008-69, 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. # # # # # # REGULAR NEW BUSINESS: Workshop Meeting Schedule (307) Deputy City Manager Petru provided a brief update regarding the schedule and potential dates for the Team Building Workshop. Mayor Pro Tem Clark moved, seconded by Councilman Long, to select September 20, 2008 as the date for the Follow-Up Team Building Workshop. Without objection, Mayor Stern so ordered. City Council Minutes August 5, 2008 Page 3 of 16 Mayor Stern moved, seconded by Mayor Pro Tem Clark, to select September 30, 2008 as the date for the Joint Workshop with the Traffic Safety Commission (TSC). Council discussion ensued regarding the necessity of a quorum of the TSC. Mayor Pro Tern Clark moved, seconded by Councilman Gardiner, to amend the motion to include a minimum requirement of 6 of the 7 TSC members present. The amendment to the motion passed on the following roll call vote: AYES: Clark, Gardiner, Long, Wolowicz and Mayor Stern NOES: None The original motion passed on the following roll call vote: AYES: Clark, Gardiner, Wolowicz, and Mayor Stern NOES: Long Marymount College Facilities Expansion Project (ZON2005-00395) — Project Status Update and Timeline (1203) City Clerk Morreale reported that this item was moved up on the agenda at the request of Mayor Pro Tern Clark, and that late correspondence was distributed prior to the meeting on this item. Mayor Pro Tern Clark received confirmation from the City Attorney that he should recuse himself from discussion of the item and left the dais at 7:41 p.m. Councilman Long inquired if the Environmental Impact Report (EIR) certification and the final Planning Commission vote on the project would be at separate meetings. Principal Planner Mihranian provided a brief staff report on the item and explained that the Final EIR had to be certified before the Planning Commission makes any decisions on the project applications, noting that whether those actions would take place at the same meeting was dependent upon the schedule of the Planning Commission. Council and staff discussion included the following topics: a request that the EIR be released with adequate review time prior to a final Planning Commission vote; details regarding the temporary construction buildings and storage containers that would be on the project site; revisions to the project and concern that the EIR may contain information that could warrant a revision to the project; who has the responsibility to make the determination as to if a change to the project is a minor or major revision; the process regarding the circulation of the draft EIR, receipt of responses from the public, and the progress being made by staff and the consultant in responding to those comments; and, the certification of the EIR. City Council Minutes August 5, 2008 Page 4 of 16 Dr. Michael Brophy, President, Marymount College, stated that the staff report was a fair summary of what had transpired and voiced concern with any delays to the project and the costs associated with them. Lois Karp, CCC/ME, Rancho Palos Verdes, stated that she objected to the staff report due to a lack of access to the information in the Final EIR, since it is not yet available; concerns regarding construction buildings and buildings that are being described as temporary modular buildings; and, revisions that have been made to the project plans. She encouraged the Council not to receive and file the report. Tom R edfield, Rancho Palos Verdes, thanked the Council for hearing this item and highlighted his concern with the temporary modular buildings; construction buildings, and parking issues related to the Marymount project. Further Council and staff discussion included the following topics: the need to move the EIR along and a request for a conference call with the consultant (RBF) to continue that progress; receiving and filing of the staff report does not mean accepting the process or the time tables; the discretion of the Planning Commission to dictate the process and govern their calendar; the beginning of the 180 day approval timeline once the EIR is certified; and, a request to provide the Planning Commission with a copy of the Council minutes in order to communicate the Council's views on the item. Mayor Stern moved, seconded by Councilman Long, to receive and file a status and timeline update on the planning process for the Marymount College Facilities Expansion project. Councilman Gardiner moved, seconded by Councilman Wolowicz, to amend the motion to include the conference call with RBF as a requirement and to state that it is not the intent of Council to constrain the Planning Commission in any way from using the discretion they need to proceed in such matters. The amendment to the motion failed on the following roll call vote: AYES: Gardiner and Wolowicz NOES: Long and Mayor Stern ABSTAIN: None ABSENT: Clark The original motion passed on the following roll call vote: AYES: Long, Wolowicz, and Mayor Stern NOES: Gardiner ABSTAIN: None ABSENT: Clark RECESS AND RECONVENE: City Council Minutes August 5, 2008 Page 5 of 16 Mayor Stern called a brief recess from 8:43 P.M. to 8:51 P.M. Mayor Pro Tem Clark returned to the dais at 8:51 P.M. PUBLIC HEARINGS: Conformance with the 2008 Los Angeles County Congestion Management Program (CMP) (1505) 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 were no requests to speak on the item. Mayor Stern declared the public hearing open. Mayor Pro Tem Clark moved, seconded by Councilman Long, to waive the staff report. Without objection, Mayor Stern so ordered. Mayor Stern declared the public hearing closed. Mayor Pro Tem Clark moved, seconded by Councilman Long, to ADOPT RESOLUTION NO. 2008-70, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, THEREBY ADOPTING THE CITY'S 2008 LOCAL DEVELOPMENT REPORT (LDR) AND SELF-CERTIFYING THE CITY'S CONFORMANCE WITH THE 2008 CONGESTION MANAGEMENT PROGRAM (CMP) FOR LOS ANGELES COUNTY. The motion carried on the following roll call vote: AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern NOES: None Appeal of the Tree Maintenance Schedule for View Restoration Permit No. 203 [Applicants/Appellants: Dr. & Mrs. Aelony at 3632 Vigilance Drive] (1806) 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 were three requests to speak on the item. Mayor Stern declared the public hearing open. Senior Planner Alvarez provided a brief staff report on the item. Council and staff discussion included the following issues: a first-hand assessment of the view concerns by Councilman Wolowicz; the review of the Planning Commission's efforts on the item; the offer made by staff to the applicant for an Interpretation Hearing City Council Minutes August 5, 2008 Page 6 of 16 before the Planning Commission; and, a question regarding if the Council has the jurisdiction to order the tree limbs cut at this time. Ginette Aelony, appellant, Rancho Palos Verdes, reviewed the history of their view restoration permit, asserting that the actual trimming did not follow the Planning Commission's decision. Yo Aelony, Rancho Palos Verdes, appellant, reiterated that the trimming did not accomplish what had been set forth by the Planning Commission and acknowledged that they knew of their right to an interpretation of the resolution by the Planning Commission and had elected to not take advantage of that opportunity. Paul Kuljis, foliage owner, Rancho Palos Verdes, reported on the trimming efforts to date. Council and staff discussion included the following topics: if the item should be continued or not; if an agreement with conditions would necessitate the item to come before the City Council; the possibility of staff being able to facilitate an agreement between the parties; if the discussion was going beyond the scope of the item; and, a request to focus on the tree trimming maintenance schedule. Mayor Pro Tem Clark moved, second by Mayor Stern, to adopt the staff recommendation. Mayor Pro Tem Clark stated that he had heard no evidence against the staff and Planning Commission's recommended tree maintenance schedule and that the adequacy of the trimming associated with the view restoration could come back to the Planning Commission, but it would be better dealt with between the parties. Council discussion included the reasons for the current procedures on the issue, the fairness of the process, and the need to refrain from making exceptions to the procedures. Mayor Stern closed the public hearing. Mayor Pro Tem Clark moved, seconded by Mayor Stern, to ADOPT RESOLUTION NO. 2008-71, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, DENYING THE APPEAL AND THEREBY AFFIRMING THE PLANNING COMMISSION'S DECISION TO UPHOLD THE ANNUAL TREE TRIMMING MAINTENANCE SCHEDULE FOR ONE (1) MONTEREY PINE TREE LOCATED AT 3642 VIGILANCE DRIVE. The motion passed on the following roll call vote: AYES: Clark, Long, and Mayor Stern NOES: Wolowicz and Gardiner City Council Minutes August 5, 2008 Page 7 of 16 PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA: REGULAR NEW BUSINESS: Amendment to the Agreement to Purchase Additional Acreage to be included in the Palos Verdes Nature Preserve (1201) Councilman Long moved, seconded by Mayor Pro Tern Clark, to waive the staff report. Without objection, Mayor Stern so ordered. Mayor Stern moved, seconded by Mayor Pro Tern Clark, to approve the Amendment to the Purchase and Sale, Option and Donation Agreement and Joint Escrow Instructions, and authorize the Mayor to execute the amendment on behalf of the City. The motion passed on the following roll call vote: AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern NOES: None Re-Introduction of Ordinance No. 476 Prohibiting Reckless Use of Trails within the Palos Verdes Nature Preserve (1201) Mayor Pro Tern Clark recused himself from discussion of the item since he had not participated in the original discussion. Councilman Long moved, seconded by Mayor Stern, to waive the staff report. Without objection, Mayor Stern so ordered. Council and staff discussion included the following issues: the method of enforcement and enforcement specifics; ordinance wording; and, the definition of"reckless" and "wanton disregard." Councilman Wolowicz moved, seconded by Councilman Long, to adopt the staff recommendation. Council and staff discussion included the following topics: reckless behavior on the nature trails; bikes and other human encounters with small domestic animals or wild animals; and, the challenges of enforcement issues. Councilman Wolowicz moved, seconded by Councilman Long, to RE-INTRODUCE ORDINANCE NO. 476, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, PROHIBITING RECKLESS USE OF TRAILS WITHIN THE PALOS VERDES NATURE PRESERVE AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. City Council Minutes August 5, 2008 Page 8 of 16 The motion passed on the following roll call vote: AYES: Long, Wolowicz, and Mayor Stern NOES: Gardiner ABSTAIN: Clark Palos Verdes Drive East (PVDE) Bicycle Signs (1404 X 1503) Councilman Long moved, seconded by Mayor Stern, to waive the staff report. Without objection, Mayor Stern so ordered. Council and staff discussion included the following topics: assertions that the stretch of road in question was a problem area, with a potential for catastrophic accidents involving bicycles and cars; appropriateness of road usage by packs of cyclists; the rights of motorists versus cyclists; road rage and traffic safety; current signage on Palos Verdes Drive East and the likelihood of signage contributing to an accident; California Vehicle Code's provisions for cyclists; suggestions for safety signs on the roadway, including direction for bikes to ride single file; objections to suggestions of removing the current signs; staff described the road as performing as a collector, minor arterial; if the `not suitable for bicycles' signage was suggesting that bicycles were not allowed; and, the need to convey that a danger to bicyclists exists. Councilman Long moved, seconded by Councilman Wolowicz, to adopt the staff recommendation to place at appropriate locations as determined by the Traffic Engineer the signs as proposed by staff, including "Winding Road," "Share the Road," and "Slow Bikes Keep Right"; and, approve the addition of signs stating "Bicycles Ride Single File" where the road is narrow at uphill locations, as deemed appropriate by the Traffic Engineer. Further Council discussion led to a split motion. Councilman Long moved, seconded by Councilman Wolowicz, to adopt the staff recommendation to place at appropriate locations as determined by the Traffic Engineer signs as proposed by staff, including the following: "Winding Road," "Share the Road," and "Slow Bikes Keep Right." The motion passed on the following vote: AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern NOES: None Councilman Long moved, seconded by Councilman Wolowicz, to approve the addition of signs stating "Bicycles Ride Single File" where the road is narrow at uphill locations, as deemed appropriate by the Traffic Engineer. The motion passed on the following roll call vote: City Council Minutes August 5, 2008 Page 9 of 16 AYES: Clark, Gardiner, Long, and Wolowicz NOES: Mayor Stern Councilman Long moved, seconded by Mayor Pro Tern Clark, to remove the existing "Not Suitable for Bicycles" signs and replace them with signs conveying the general message of"Winding Narrow Road [number to be inserted] Miles Ahead, Cyclists Use Extreme Caution" to be refined by the Traffic Engineer regarding language and graphics. The motion passed on the following roll call vote: AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern NOES: None Automatic License Plate Recognition (ALPR) System (1206) Council and staff discussion regarding this item included the following topics: support for the staff recommendation, with the clarification of the cost of the ALPR system; the time period until a second car could be procured; the lack of future funding through California Law Enforcement Equipment Program (CLEEP) Funds or grants; disappointment with the roll out of only one or two ALPR equipped Sheriff vehicles at this time; the potential benefit to the community; the percentage and types of crime the ALPR technology would address; data and statistics to be gathered through pilot programs; and, pilot programs versus full deployment. Councilman Wolowicz moved, seconded by Mayor Pro Tern Clark, to adopt the staff recommendation with a second car deployment to be discussed after six months. Councilman Long amended the motion by suggesting the addition of a second car now. The amendment died for lack of a second. Councilman Long explained his view, leading Mayor Stern to voice support. Councilman Long moved, seconded by Mayor Stern, to amend the motion to add a second car now. Further discussion included the following issues: budget concerns; support for the original motion; the amount of cars deployed in local cities; the importance of technology in fighting crime and assisting with law enforcement; and, concern with the cost of the vehicles. The motion to amend failed on the following roll call vote: AYES: Long and Mayor Stern NOES: Clark, Gardiner, and Wolowicz City Council Minutes August 5, 2008 Page 10 of 16 Councilman Wolowicz moved, seconded by Mayor Pro Tem Clark, to authorize the use of California Law Enforcement Equipment Program (CLEEP) funds and General funds to purchase one radio car fully equipped with the Automatic License Plate Recognition (ALPR) software system, to replace the Lomita Station's Radio Car "3 David," which serves the area around Palos Verdes Drive East and Western Avenue, on a pilot program basis, with staff to return in 6 months with an assessment of the study and statistics, with the Council to consider the possibility of a 2nd car or more. The motion passed on the following roll call vote: AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern NOES: None Traffic Safety Commission (TSC) Mission Statement, FY 2008-09 Work Plan, Size of Membership and Frequency of Meetings (106 X 1502) There was no request for a staff report, and City Clerk Morreale reported there were no requests to speak on the item. Mayor Pro Tern Clark moved to adopt the staff recommendation. The motion died for lack of a second. Council and staff discussion included the following issues: an assertion that Work Plan Item E is not appropriate, C as the Council should communicate their views to Los Angeles Council members, not the TSC; public input regarding the Ponte Vista project through the Traffic Safety Commission versus the City Council; and, the possible reduction of the size of the Commission and/or the frequency of meetings. Mayor Stern moved, seconded by Councilman Wolowicz, to accept the TSC Mission Statement and the Work Plan with Item E deleted from the Work Plan. Discussion on the motion included narrowing the scope of Item E rather than striking it or having the TSC consider holding a meeting for public input on the matter before making a decision. Mayor Pro Tern Clark moved, seconded by Councilmember Gardiner, to amend the motion by narrowing Item E to allow for public input and testimony regarding the traffic impacts of the proposed Ponte Vista Project on Western Avenue at the border of Rancho Palos Verdes. Councilman Long explained his opposition to the original motion and the amendment. The amendment to the motion passed on the following roll call vote: AYES: Clark, Gardiner, and Wolowicz NOES: Long and Mayor Stern City Council Minutes August 5, 2008 Page 11 of 16 The main motion to accept the TSC Mission Statement and Work Plan, as amended, passed on the following roll call vote: AYES: Clark, Gardiner, and Wolowicz NOES: Long and Mayor Stern Councilman Wolowicz moved, seconded by Councilman Gardiner, to leave the size of the Traffic Safety Commission at seven members for the next year. The motion failed on the following roll call vote: AYES: Wolowicz and Gardiner NOES: Long, Clark, and Mayor Stern Mayor Stern moved, seconded by Mayor Pro Tem Clark, to reduce the Traffic Safety Commission to five members with reconsideration of the change at the end of one (1) year. The motion passed on the following roll call vote: AYES: Clark, Long, and Mayor Stern NOES: Gardiner and Wolowicz Councilman Wolowicz moved, seconded by Councilman Gardiner, that the Traffic Safety Commission meet monthly. Council discussion on the motion included clarification on the TSC's recommendation on the frequency of meetings, and the ability to call additional meetings if necessary in consultation with the TSC Chair. RECESS AND RECONVENE: Mayor Stern called a brief recess from 11:13 P.M. to 11:18 P.M. Traffic Safety Commission Mission Statement, FY 2008-09 Work Plan, Size of Membership and Frequency of Meetings (continued) Further Council discussion on the motion included the frequency of the meetings and the ability to revisit the schedule; the number of times members of the public appear at TSC meetings; an assertion that Council was selective about the recommendations from the TSC; and, clarification from the City Attorney that additional meetings can be called if necessary under the Brown Act. The motion regarding monthly meetings passed on the following roll call vote: AYES: Clark, Gardiner, and Wolowicz NOES: Long and Mayor Stern City Council Minutes August 5, 2008 Page 12 of 16 A request for reconsideration was made by Mayor Pro Tern Clark. The motion regarding monthly meetings failed on the following roll call vote: AYES: Gardiner and Wolowicz NOES: Clark, Long, and Mayor Stern Councilman Long moved to approve bi-monthly meetings (one every two months) with the ability to hold special meetings as approved by the City Manager or City Council. The motion died for lack of a second. Mayor Stern moved, seconded by Councilman Gardiner, to approve bi-monthly meetings with the ability to call additional meetings pursuant to the Brown Act and direct staff to return with a resolution to commemorate Council's action. Mayor Pro Tern Clark and City Attorney Lynch clarified that under the Brown Act a meeting could be called by the Chair of the TSC or by a majority of the members of the TSC. The motion passed on the following roll call vote: AYES: Clark, Long, Gardiner, and Mayor Stern NOES: Wolowicz Possible Reduction in Planning Commission Membership (106 X 1203) City Clerk Morreale reported that late correspondence was distributed prior to the meeting on this item and there were no requests to speak. Mayor Pro Tern Clark moved, seconded by Councilman Long, to waive the staff report. Without objection, Mayor Stern so ordered. Councilman Gardiner moved, seconded by Mayor Pro Tern Clark, to continue the item until the Council can discuss the issue with the Planning Commission in a Joint Workshop to be held within 6 to 9 months. Council discussion on retaining the Planning Commission size at seven members led Councilman Gardiner to withdraw his motion. Councilman Long moved, seconded by Councilman Wolowicz, to retain the size of the Planning Commission at seven members. The motion passed on the following roll call vote: AYES: Clark, Long, Gardiner, Wolowicz, and Mayor Stern City Council Minutes August 5, 2008 Page 13 of 16 NOES: None Survey on Future Solidwaste Contract Priorities (1301) Director Bell provided a brief staff report on the item. Council and staff discussion included the following topics: staffs explanation of the survey and the goals staff was seeking to accomplish with the results of the survey; an assertion that the survey was flawed; the lack of ability to choose twice a week collection; and, a call for the Franchise Waste Hauling Contract Subcommittee to handle the item. Mayor Stern moved, seconded by Mayor Pro Tem Clark, to direct the Franchise Waste Hauling Contract Subcommittee to work with staff regarding a plan on the priorities. Without objection, Mayor Stern so ordered. Approval of Agreement with ADP — Outsourcing Payroll (602) There was no request for a staff report; without objection, Mayor Stern waived the presentation of the staff report. Council and staff discussion ensued on the outsourcing of payroll through ADP and the associated implementation fees. Mayor Stern moved, seconded by Mayor Pro Tem Clark, to adopt the staff recommendation. Councilman Wolowicz moved to amend the motion to request that staff confirm that the one time implementation fee is required. The maker and seconder of the motion accepted the amendment as part of their motion. The motion to approve the attached Major Accounts Agreement and various addendums (the "Agreement") for payroll and human resource processing services to be provided by ADP, Inc. and authorize execution of the Agreement by the City Manager, with the confirmation that one-time set up fees are customary. The motion passed on the following roll call vote: AYES: Clark, Gardiner, Long, Wolowicz, and Mayor Stern NOES: None League of California Cities Annual Conference —Voting Delegates and Alternates (306) No action taken. City Council Minutes August 5, 2008 Page 14 of 16 ITEMS REMOVED FROM THE CONSENT CALENDAR: Border Issues Status Report Council and staff discussion included the following topics: Mediterranean Village, a mixed-use project in Rolling Hills Estates with two larger projects on track to being approved for the downtown area; the Mitigated Negative Declaration for the Mediterranean Village project; the statute of limitations for a lawsuit and how they would proceed with such an action; and, alternate ways to handle the situation. Councilman Long moved, seconded by Councilman Wolowicz, to direct the City Attorney to study the Mitigated Negative Declaration and advise the Council on possible courses of action. Discussion on the motion included the following issues: whether the City's Traffic Engineer could provide a credible study on the proposed Rolling Hills Estates' development in a week's time; what would be gained from the course of action of a lawsuit; an assertion that this development would be dooming residents to sit in traffic as a result of the creation of 450 to 500 new residential units; and, an assertion that the path the current Council was taking might undo years of cooperative relations between Rolling Hills Estates and Rancho Palos Verdes Councils. The motion as restated by Councilman Long instructed the City Attorney, with the Traffic Engineer, to report back if there was a meritorious claim that the Mitigated Negative Declaration was inappropriate and advise Council as to the various remedies, if any, and also to advise if there is not a basis for a claim, or if additional data is needed and depending on that result, a special meeting could be scheduled. The motion failed on the following roll call vote: AYES: Long and Wolowicz NOES: Clark, Gardiner, and Mayor Stern Councilman Wolowicz moved, seconded by Mayor Stern, to receive and file the current report on the status of border issues. Without objection, Mayor Stern so ordered. Award Contract to CBM Consulting, Inc. for Professional/Technical Services Councilman Gardiner requested that the impact of the accounting for this contract be reflected in the Estimated General Fund Reserve Report as well as the Operating Budget. Mayor Pro Tem Clark left the meeting at 12:34 A.M. City Council Minutes August 5, 2008 Page 15 of 16 Mayor Stern moved, seconded by Councilman Long, to adopt staff recommendation to 1) Authorize the award of a contract to CBM Consulting, Inc. for Professional/Technical Services up to $25,000 for assistance with a temporary staffing vacancy in the Public Works Department, Maintenance Superintendant position; 2) ADOPT RESOLUTION NO. 2008-72, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION 2008-47, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2008-09, FOR A TRANSFER OF $25,000 FROM THE GENERAL FUND TO THE PUBLIC WORKS ADMINISTRATION PROGRAM; and, 3) Authorize the Mayor and City Clerk to execute the Professional/ Technical Services Agreement with CBM Consulting, Inc. Further discussion ensued on the budget impact with a suggestion from Councilman Wolowicz on how to incorporate the numbers into the Budget. The motion passed on the following roll call vote: AYES: Gardiner, Long, Wolowicz, and Mayor Stern NOES: None ABSENT: Clark CITY COUNCIL ORAL REPORTS: Councilman Long moved, seconded by Mayor Stern, to dispense with the City Council Oral Reports. Without objection, Mayor Stern so ordered. COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS: Councilman Long suggested a future agenda item regarding to be held in a public session or Closed Session, as deemed appropriate by City Attorney Lynch, to discuss the contents of and the response to the Hildreth letter of July 16, 2008 regarding the production of emails by the City Council Members and City employees. ADJOURNMENT: At 12:40 A.M., Mayor Stern adjourned the meeting. Mayor Attest: / City Clerk W:\City Council Minutes\2008\20080805 CC MINS.doc City Council Minutes August 5, 2008 Page 16 of 16