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CC MINS 20081118 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING NOVEMBER 18, 2008 The meeting was called to order at 7:00 P.M. by Mayor Stern at Fred Hesse Community Park, 29301 Hawthorne Boulevard. City Council roll call was answered as follows: PRESENT: Clark, Long, Wolowicz, and Mayor Stern ABSENT: Gardiner (excused) 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; Ara Mihranian, Principal Planner; Leza Mikhail, Associate Planner; Lauren Ramezani, Senior Administrative Analyst; Robert Arthur, Senior Information Technician; and Carla Morreale, City Clerk. Also present was Planning Commissioner Stephen Perestam. FLAG SALUTE: The Flag Salute was led by Mayor Pro Tem Clark. MAYOR'S ANNOUNCEMENTS: Mayor Stern provided a presentation on the Council sponsored Staff Appreciation Breakfast held on November 11, 2008, at the Point Vicente Interpretive Center. He announced that the City was recruiting for four of its advisory boards and that the deadline for filing an application was Friday, November 21, 2008, and Air Force Week, Los Angeles would be held from November 14-21. RECYCLE DRAWING: Mayor Stern announced Recyclers of the Month from the November 6, 2008 City Council meeting: Lynn Bridgman and Barbara Supernaugh. 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: Councilman Wolowicz moved, seconded by Mayor Pro Tem Clark, to approve the Agenda. Without objection, Mayor Stern so ordered. City Council Minutes November 18, 2008 Page 1 of 13 PUBLIC COMMENTS: Michael O'Sullivan, Rancho Palos Verdes, voiced concern with the construction of his neighbor's deck, including issues with noise and Code compliance. CITY MANAGER REPORT: City Manager Lehr reported on a brush fire near City Hall on Saturday, November 15, 2008, which burned 10 acres of open space in 90 minutes. She reported that no structures were damaged, and extended thanks to the Los Angeles County Fire Department personnel and Lomita Sheriff's Department staff for a swift and aggressive response. Division Chief Anthony Iacono, Commanding Officer, L.A. County Fire Department, provided a report on the incident and stated that the origin of the fire was a hawk, which was electrocuted by power lines then fell into brush. Council Members extended their thanks to the L.A. County Fire Department and Lomita Sheriffs Department staff for the quick response to the fire. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that there were requests to speak on Items 4 and 6, and late correspondence was distributed on Item 4 and 9 prior to the meeting. Councilman Wolowicz moved, seconded by Councilman Long, to approve the Consent Calendar with Item 4 (Award of Contract for Services to Prepare an Environmental Impact Report for the Crestridge Estates Senior Condo/Senior Center Project for Vacant Property Located Adjacent to the Existing Belmont Assisted Living Facility) and Item 6 (Adoption of Ordinance No. 481 — Code Amendment to Encourage "Green Building" Construction) removed for separate consideration immediately after the Consent Calendar. The motion to approve the Consent Calendar passed on the following roll call vote: AYES: Clark, Long, Wolowicz*, and Mayor Stern NOES: None ABSENT: Gardiner *Councilman Wolowicz voted "no" on Item No. 7. Motion to Waive Full Reading City Council Minutes November 18, 2008 Page 2 of 13 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 July 1, 2008 Regular Meeting. Claim Against the City by Darren Haworth (303) Rejected the claim and directed staff to notify the claimant. Award of Contract for Services to Prepare an Environmental Impact Report for the Crestridge Estates Senior Condo/Senior Center Project for Vacant Property Located Adjacent to the Existing Belmont Assisted Living Facility (1900) This item was removed from the Consent Calendar for separate consideration. Award of Contract for the FY 2008-2009 Sidewalk Repair Program (1405) 1) ADOPTED RESOLUTION NO. 2008-109, A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2008- 47, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2008-2009, FOR A BUDGET ADJUSTMENT TO INCREASE THE SIDEWALK MAINTENANCE APPROPRIATION IN THE STREET MAINTENANCE FUND BY $142,293; 2) Approved the construction plans and specification; 3) Awarded a contract for the construction of the Sidewalk Repair Project to CJ Construction, Inc. for the contract bid amount of$325,700, and authorized staff to spend up to an additional $50,000 for possible extra work or unforeseen conditions, for a total authorization of$375,700; 4)Authorized the Mayor and City Clerk to execute a contract with CJ Construction, Inc.; 5)Awarded a contract to CBM Consulting, for the Contract Management, and Inspection Services in an amount of $27,450 and authorized staff to spend up to an additional $2,550 for possible extra work for total authorization not to exceed $30,000; and, 6) Authorized the Mayor and City Clerk to execute a contract with CBM Consulting. Adoption of Ordinance No. 481 — Code Amendment (Case No. ZON2007-00598), A Request to Amend Title 15 (Building Code) and Title 17 (Development Code) of the City's Municipal Code to Encourage "Green Building" Construction (1801) This item was removed from the Consent Calendar for separate consideration. City Council Rules of Procedure — "One-Hour Rule" (307) *Councilman Wolowicz voted "no" on this item. ADOPTED RESOLUTION NO. 2008-110, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, REVISING RULE 13 OF THE CITY City Council Minutes November 18, 2008 Page 3 of 13 COUNCIL RULES OF PROCEDURE, WHICH ESTABLISHES THE PROTOCOL TO REQUEST INFORMATION FROM CITY STAFF. Award a Contract for Landslide Monitoring at Abalone Cove and Portuguese Bend (1900) 1) Awarded a contract to Charles Abbott Associates, Inc. in the amount of$50,000, to perform a GPS survey of all existing points within the Portuguese Bend/Abalone Cove Landslide area and to prepare the associated reports; and, 2)Authorized the expenditure of$50,000 for the required survey and associated report, and authorized the expenditure of up to $1,500 (3%) as a project contingency in the event additional work is identified during the field survey and is determined to be required by the Director of Public Works. Joint City/School Workshop for the South Bay (306) Agreed to participate in the proposed Joint City/School Workshop for the South Bay on April 30, 2009 and directed staff to notify the South Bay Cities Council of Governments of the City's interest. Register of Demands ADOPTED RESOLUTION NO. 2008-111, 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. # # # # # # Award of Contract for Services to Prepare an Environmental Impact Report for the Crestridge Estates Senior Condo/Senior Center Project for Vacant Property Located Adjacent to the Existing Belmont Assisted Living Facility As there was no Council request for a staff report, Mayor Stern proceeded to public comments on the item. Ken Dyda, Rancho Palos Verdes, expressed a concern with the proposed square footage of the Senior Facility, which is a component of this project, and view issues related to grading for the project. Councilman Wolowicz moved, seconded by Mayor Pro Tem Clark, to authorize the Mayor and the City Clerk to sign a professional services agreement in an amount not to exceed $94,930, with RBF Consulting, to prepare an Environmental Impact Report (EIR) for the Crestridge Estates Senior Condo/Senior Center Project on vacant property located adjacent to the existing Belmont Assisted Living facility. The motion passed on the following roll call vote: City Council Minutes November 18, 2008 Page 4 of 13 AYES: Clark, Long, Wolowicz, and Mayor Stern NOES: None ABSENT: Gardiner Adoption of Ordinance No. 481 — Code Amendment (Case No. ZON2007-00598), A Request to Amend Title 15 (Building Code) and Title 17 (Development Code) of the City's Municipal Code to Encourage "Green Building" Construction (1801) As there was no Council request for a staff report, Mayor Stern proceeded to public comments on the item. Ken Dyda, Rancho Palos Verdes, stated that he wanted to highlight the item and applaud the cooperation of the Council with its residents. Councilman Wolowicz moved, seconded by Mayor Pro Tem Clark, to ADOPT ORDINANCE NO. 481, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, AMENDING TITLE 15 (BUILDING CODE) AND TITLE 17 (DEVELOPMENT CODE) OF THE CITY'S MUNICIPAL CODE TO ESTABLISH A VOLUNTARY GREEN BUILDING PROGRAM AND TO ESTABLISH SPECIFIC MANDATORY GREEN PRACTICES AND DEVELOPMENT STANDARDS (CASE NO. ZON2007-00598). The motion passed on the following roll call vote: AYES: Clark, Long, Wolowicz, and Mayor Stern NOES: None ABSENT: Gardiner PUBLIC HEARINGS: Terranea Resort and Spa -ZON2008-00555 (Revision `J' to Conditional Use Permit No. 215, et. al) (1804) City Clerk Morreale reported that notice of the public hearing was duly published, no written protests received, late correspondence was distributed prior to the meeting, and there were four requests to speak on the item. Principal Planner Mihranian provided a summary staff report on the item. Discussion between Council and staff included an assurance that the temporary opening would not place an additional burden on staff, the City would not lose leverage with the Developer and the August 1, 2009 deadline would ensure that the temporary status would not go on indefinitely. Mayor Stern declared the public hearing open. Bob Lowe, applicant, Terranea Resort, Rancho Palos Verdes, clarified the purpose of operating under the non-profit corporation status. He explained that they were asking to p g City Council Minutes November 18, 2008 Page 5 of 13 occupy the casitas and villas under the Temporary Certificate of Occupancy (TCO) and before the final Certificate of Occupancy was issued on the entire resort. He noted that they were also asking to occupy and operate, for the public, the hotel, casitas, villas and associated amenities of the resort, after the receipt of the TCO on each building as it is completed, with the understanding that TCOs will not be issued until each building has passed full inspection on life and safety issues with the City's Building Safety Department and Los Angeles County Fire Department personnel. He stated that this would enable Terranea Resort to furnish the buildings, install fixtures, and train staff on schedule before opening in June 2009, which would generate important c ash flow to both Terranea Resort and the City. Discussion between the Mr. Lowe and Mayor Stern ensued on the number of board members of the non-profit entity with Mayor Stern recommending an additional three members from the Land Conservancy for a total of nine members, and Mr. Lowe preferring a six member board as proposed. Timi Hallem, attorney for the Terranea Resort, explained the non-profit designation of the entity and the transfer assessment as proposed which would be collected during escrow on the transfer of property, while the entity would also be able to receive charitable donations for trail work. Councilman Wolowicz warned of the consequences if the proposed transaction was challenged and asked it the applicant would provide their position on the non-profit status in writing. He inquired if the fees would cover the costs of the committees. Bob Nelson, representing the Seabluff Homeowners Association, Rancho Palos Verdes, reported that Terranea Resort had offered two of its large water tankers to the Fire Department during the recent brush fire, and spoke in favor of granting Revision J to the Conditional Use Permit. Mayor Stern voiced support for City Attorney Lynch's idea that a seventh member be appointed to the Board of Directors in order to prevent deadlock and make a challenge less likely. Mayor Pro Tem Clark stated that he would be willing to include that in his motion. Mayor Pro Tem Clark moved, seconded by Councilman Wolowicz, to adopt the staff recommendation, including the creation of the Board of Directors of the non-profit entity to add a seventh Board member selected by the six members of the Board. Additional Council discussion included the following topics: support for the TCO for the Terranea Resort; support for a seventh Board Member to break a deadlock; potential challenges to the non-profit status of the entity; and, the fiduciary responsibilities of Board Members serving on the non-profit entity. Mayor Stern closed the public hearing. City Council Minutes November 18, 2008 Page 6 of 13 Mayor Pro Tern Clark moved, seconded by Councilman Wolowicz, to 1) ADOPT RESOLUTION NO. 2008-112, AS AMENDED, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING REVISION TO CONDITIONAL USE PERMIT NO. 215, ET. AL., BY AMENDING THE COUNCIL ADOPTED CONDITIONS OF APPROVAL TO ALLOW: A) THE ISSUANCE OF TEMPORARY CERTIFICATES OF OCCUPANCY FOR SPECIFIC PROJECT BUILDINGS TO ALLOW HOTEL STAFF TRAINING AND A "SOFT OPENING" OF THE RESORT HOTEL PRIOR TO THE ISSUANCE OF ANY FINAL CERTIFICATES OF OCCUPANCY; AND, B) THE APPLICANT TO FORM A NONPROFIT CORPORATION AS PART OF THE REQUIREMENTS FOR THE "FOR-SALE" UNITS AS STATED IN CONDITION NO. 40, WITH THE ADDITION OF A 7TH BOARD MEMBER. The motion passed on the following roll call vote: AYES: Clark, Lcng, Wolowicz, and Mayor Stern NOES: None ABSENT: Gardiner Mr. Lowe stated, for the record, that the water trucks mentioned earlier were owned by their contractor, Turner Construction. Appeal of the Planning Commission's Conditional Approval of the Proposed St. John Fisher Master Plan: Conditional Use Permit No. 96 — Revision "D" Grading Permit, Minor Exception Permit, Sign Permit and Environmental Assessment Case No. ZON2007-00492); Project Address: 5448 Crest Road (1804) City Clerk Morreale reported that notice of the public hearing was duly published, written protests included in the staff report and late correspondence distributed prior to the meeting, and there were numerous requests to speak on the item. Mayor Stern requested that the speakers keep in mind the amount of material the City Council had reviewed concerning this item and urged speakers to be brief and helpful in their comments. Mayor Pro Tern Clark made a procedural motion to take public input, allot an hour to each side, and then continue the hearing to a site visit at St. John Fisher Church, with the matter ther continued to a third meeting for final input, deliberation, and to make a decision on the appeal. Councilman Wolowicz stated that he would second the motion but wanted to hear the staff report. Mayor Stern declared the public hearing open. Associate Planner Mikhail provided a summary staff report on the item. Council and staff discussion included the following topics: property uses and parking requirements; requirements for the applicant to submit a final photometric plan for the parking area to include light shielding and limitations on the permitted wattage use; the City Council Minutes November 18, 2008 Page 7 of 13 new parking configuration on the site and safety of the children on the playground; potential on street parking restrictions; review of the lighting after six months; the submittal and review of the landscaping plan with the ability cf the public to comment on it; the removal of shrubbery during construction, with large mature trees to be maintained along the southern side by Crenshaw Boulevards, per the conditions of approval; the requirement for stairs from the street to the church as a requirement and approved design by the Fire Department; lighting of the steeple and the cross with ground mounted lights directed upward; review of the lighting after six months; the possibility of the removal of windows in the old sanctuary building after its conversion to a gymnasium and related privacy and noise issues. Councilman Wolowicz seconded the procedural motion for discussion purposes and asked for the time to be increased to 90 minutes for each side. Mayor Pro Tem Clark accepted the amendment to the motion. Council discussion ensued on the reasons for an additional site visit. The motion passed on the following roll call vote. AYES: Clark, Wolowicz, and Mayor Stern NOES: Long ABSENT: Gardiner Councilman Long highlighted toe notable issues that the speakers might focus their comments on including noise, lighting, size and mass, landscaping, and parking. He opined that the neighborhood compatibility rules for residential districts d not appy, nor should there be redesign of the project to relocate the sanctuary. Council discussion included the following issues: the location selected for the new sanctuary; justification for the height and location of the sanctuary; a silhouette which was erected for a two week period; the possible need for a silhouette for the Council site visit; and, the minority concern of two Planning Commissioners regarding the location of the new sanctuary. Mark Easton, appellants' representative, Rancho Palos Verdes, explained that he had been chosen to present the appellants' concerns, which included the impact of the St. John Fisher project on the neighborhood and its natural surroundings, State and local compliance issues, and the approval of the St. John Fisher Master Plan as creating a bad precedent for the City. He reported that over 50% of the area residents had sent letters of concern to the Planning Commission and noted that while all concerns could be mitigated there was a lack of cooperation from the church. He asserted that the church had been allowed to short circuit the silhouette process, by constructing a partial silhouette, which was erected for only two weeks. He stated that the project was likened to a 10-story building being lit at all hours of the night, with noise being broadcast all day long, seven days a week and overflow parking of cars on the surrounding streets. He stated that the project was incompatible with the residential City Council Minutes November 18, 2008 Page 8 of 13 • l neighborhood :ncdpresented visual simulations illustrating the size of the new sanctuary. He asked the City to require the following of St. John Fisher: the construction of a full silhouette for a suitable period of time; a decrease in height and size of the san tuary; an increase in the setback areas; and the consideration of alternate locations for the new sanctuary on the property. He voiced concern with landscaping a d mature tree removal and made mitigation requests. He also voiced concern with t e following aspects of the project: the daily ringing of bells; evening activities; outdoor lighting including the brightness, light direction and hours of use; parking and tr.ffic impacts; and, the stairway leading to unsafe passenger drop-offs. He outlined problems with the planning process; major deviations, such as the lack of an Environmental Impact Report (EIR); the Mitigated Negative Declaration as lacking; the areas in which the project is not compliant with the Rancho Palos Verdes Development Code; and, the project as inconsistent with the City's General Plan. He reviewed the appellants' mitigation requests. Discussion be een the Council and the speaker included the following issues: the legal impacts of the appellants' mitigation requests; the possibility of a threat of litigation; the u e of a Mitigated Negative Declaration versus an EIR and the circumstances that determine the need for an EIR; a decibel reading on the bells at less than 50db at tile property line; the height of the current sanctuary building; concern with the location of the speakers and amplification of the bells; the alternate locations for the placement of the new sanctuary the property p rY on and the applicant's preference; the speaker's interretation of the Development Code as it pertains to the parking requirements; end, the impact of the location of the new sanctuary on the school. Planning Director Rojas reported that the Planning Commission had approved bells for St. John Fisher Church in 1994, but the applicant withdrew their request after an appeal was filed. Doris Sung,, architect for the appellants, clarified the basis for her selection of alternative locations for the new sanctuary and provided the basis for her renderings of the project. RECESS ANDS RECONVENE: Mayor Stern called a brief recess from 9:38 P.M. to 9:51 P.M Al Edgerton, Rancho Palos Verdes, voiced concern with the location of the proposed stairs, safety of school children near the parking lot, the number of parking spaces required, and the brief period the silhouette was erected on the property. Planner Mikhail clarified for Councilman Long that the Code provided for the requirement of two parking spaces for each classroom. Shelly Hyndman,, applicant's architect, provided a PowerPoint presentation to illustrate project specifi s and explain why alternative locations for the new sanctuary would not be acceptable. She reported that the applicant had revised the plan to increase the setbacks; reported on their landscaping and grading plans; refuted concerns regarding City Council Minutes November 18, 2008 Page 9 of 13 ti noise generation from evening activities; provided clarification of the parking areas; reported on the reduced building height in the revised plan, noting that residential hei ht standards did not apply to this project; explained the justification for the height of the sanctuary as compared to other Catholic churches in the area; reported that the locati n of the stairs and ADA accessible ramp was determined using the applicable Code an Fire Department requirements; and, addressed the issues regarding lighting concerns! Discussion between the Council and speaker included the following topics: the impact of alternative locations for the sanctuary on the entire plan; the proposed landscaping plans and expected height of the trees; the differences and accuracy of the silhouette depictions and visual simulations as presented by the appellants; clarification on the parking and lighting requirements; the calculations used to evaluate the brightness an impact of the proposed lighting; the proposed sanctuary height in the tallest building i the City; the appellants' assertion that the proposed building would be 74 to 90 feet tall in a residential area; and, how the church plan arrived at the proposed height for the sanctuary. Monsignor David Sork, St. John Fisher, Rancho Palos Verdes, reviewed the process or arriving at the proposed Master Plan and stated that one of the driving forces for the project was that the Plan would provide much needed facilities for area youth activitie . He reported that the church provided town hall meetings to discuss the Master Plan. He reviewed the issues presented against the project and defended the church's position regarding the Master Plan. Discussion between the Council and the speaker included the possibility of a reductio in the number of masses in the future and the required on site parking. RECESS AND RECONVENE: Mayor Stern called a recess from 11:07 P.M. to 11:10 P.M. Further discussion between the Council and the speaker focused on the St. John Fisher Church's consultation efforts and meetings with neighbors from the surrounding neighborhoods. Joan Ortolano, Rancho Palos Verdes, voiced opposition to Condition No. 73, regarding the use of Barrett Hall, stating that the Church should not have to restrict the routine activities that have taken place for years, nor pay for a special use permit for those activities. Dave Kurt, Rancho Palos Verdes, reported on the current practice for lighting of the parking lots and noted that they have never received a complaint regarding the lightin . Lisa Counts, Rancho Palos Verdes, Building Committee Chair, reported that the project created no view impairment of oceans, mountains, or city lights and that their plans were in compliance with the View Restoration Ordinance. City Council Minutes November 18, 2008 Page 10 of 13 John McTaggart, Rancho Palos Verdes, spoke about the construction impact on the school; asserted that the City should not restrict the lighting and the current lighting on the site is insufficient; and, reported that the Crestridge Road traffic and parking issues were related to the Belmont Village employees parking on the street 7 days a week. Ken Dyda, Rancho Palos Verdes, asked that a Condition No. 60 be modified to remove the requirement of continuous review by a consultant to measure the sound. He commented on the amplification of the church bells on the outside of the sanctuary and asserted that to not have the bells amplified outside would be a denial of an element of their religious celebrations, such as the Palm Sunday procession. Sean Armstrong, Rancho Palos Verdes, Member of the Building Committee, reported on the parish's status in the community and their efforts to accommodate the neighbor's concerns by providing a sound study, shadow and light study, and traffic and parking analysis of the proposed project. He noted that the Church also revised the plans of the new sanctuary and added additional landscaping and screening to address the neighbors concerns. Grant Hungerford, Rancho Palos Verdes, Music Director of St. John Fisher Church, demonstrated what 50 decibels sounds like. Council and speaker discussion included the following topics: a request to replicate the speaker for an onsite demonstration; and, clarification on where the speakers were to be located and direction they would be pointed. Bob Trujillo, Rolling Hills, asserted that he has never heard a complaint about the traffic, noise, or parking in the years he has attended the Church and noted that church attendance had decreased. John Slaught, Rancho Palos Verdes,stated that there has never been a problem with parking even on the most crowded of masses, except for Christmas and Easter, and there were no new parishioners expected even after the expansion. He noted that there has been a shortage of meeting spaces for existing parishioners for years. George Fink, Rancho Palos Verdes, stated that he supported the approval of the St. John Fisher Church Master Plan, noting that churches should not be invisible as they are an integral part of a community. Lenee Bilski, Rancho Palos Verdes, spoke in support of the St. John Fisher Church Master Plan, noting that the number of parishioners and activities will not increase. Council discussion ensued on the possible date for an onsite visit to St. John Fisher Church. Councilman Wolowicz moved, seconded by Mayor Pro Tem Clark, to require a demonstration of the bells at the onsite visit. City Council Minutes November 18, 2008 Page 11 of 13 Discussion included the reason for and importance of another onsite visit and whether or not another demonstration of the bells was necessary. The motion failed on the following vote: • AYES: Clark and Wolowicz NOES: Long and Stern ABSENT: Gardiner Discussion ensued on the particular details and suggested time for the onsite visit of the church property. Mayor Stern moved, seconded by Mayor Pro Tem Clark, to 1) Continue the public hearing to an adjourned regular meeting to be held on Saturday, November 22, 2008 at g J g g 1:30 P.M. to begin at the project site, St. John Fisher Church located at 5448 Crest Road, to familiarize the City Council with the site and the proposed improvements, to be followed by site visits in the surrounding neighborhoods; and 2) Select a date for a third meeting to deliberate and make a final decision on the item. Without objection, Mayor Stern so ordered. PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA: REGULAR NEW BUSINESS: Council discussed the late hour and the remaining items on the agenda. City Manager Lehr reported that a consultant was present to speak regarding the Decisions on Key Solid Waste Procurement Issues Decisions on Key Solid Waste Procurement Issues (1301) Mayor Pro Tem Clark moved, seconded by Councilman Long, to continue the item to the December 2, 2008 City Council Meeting. Without objection, Mayor Stern so ordered. Palos Verdes Drive South —Altamira Canyon Storm Drain Rehabilitation (604 x 602) Councilman Long inquired about an email regarding the responsibility of the cost for the repair belonging to the City or Abalone Cove Landslide Abatement District (ACLAD) and why the item was an emergency. Senior Engineer Dragoo reported that the storm drain repair work being performed w4 in the City-owned portion of the pipeline and explained the reason why the item was an emergency request. City Council Minutes November 18, 2008 Page 12 of 13 Councilman Wolowicz moved, seconded by Mayor Stern, that 1) Based on the facts set forth in the report, that an emergency exists which will not permit a delay from a competitive solicitation for bids and that the actions taken below are necessary to respond to the emergency; 2) Authorized the Director of Public Works to approve a Change.Order to an existing contract with Performance Pipeline Technologies, Inc. to repair a failed, existing storm drain line approximately 600 feet in length and rehabilitate an outlet structure at the terminus of the line; 3) Authorized the Director of Public Works to approve a contract with Charles Abbott Associates, Inc. for inspection services related to the proposed emergency work; and, 4) Authorized the expenditure of up to $108,575 for the storm drain and outlet rehabilitation construction work and up to $10,000 for inspection services. The motion passed on the following vote: AYES: Clark, Long, Wolowicz, and Mayor Stern NOES: None ABSENT: Gardiner CITY COUNCIL ORAL REPORTS: Councilman Long moved, seconded by Mayor Stern, to defer the item. Without objection, Mayor Stern so ordered. COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS: Councilman Long suggested a future agenda item to consider computer modeling instead of silhouetting of proposed development projects. Councilman Wolowicz suggested a future agenda item to consider a Noise Ordinance. ADJOURNMENT: At 12:22 A.M., Mayor Stern adjourned the meeting to Saturday, November 22, 2008 at 1:30 P.M. to St. John Fisher Church located at 5448 Crest Road and the surrounding neighborhoods in order to conduct a site visit associated with CUP No. 96 Revision "D," et al. for the proposed St. John Fisher Master Plan. -4-ayor Attest: adittk ; /1 City Clerk W:\City Council Minutes\2008\20081118 CC MINS.doc City Council Minutes November 18, 2008 Page 13 of 13