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CC MINS 20090217 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING FEBRUARY 17, 2009 The meeting was called to order at 6:00 P.M. by Mayor Clark at Fred Hesse Community Park, 29301 Hawthorne Boulevard and was immediately recessed into Closed Session. The meeting reconvened at 7:02 P.M. City Council roll call was answered as follows: PRESENT: Stern, Long, Wolowicz, and Mayor Clark ABSENT: Gardiner (excused) Also present were Carolyn Lehr, City Manager; Carolynn Petru, Deputy City Manager; Carol Lynch, City Attorney; Dennis McLean, Director of Finance/IT; Joel Rojas, Director of Planning, Building, and Code Enforcement; Jim Bell, Director of Public Works; Kathryn Downs, Deputy Director of Finance/IT; Kit Fox, Associate Planner; Leza Mikhail, Associate Planner; Matt Waters, Senior Administrative Analyst; Sara Singer, Senior Administrative Analyst; Katie Howe, Administrative Analyst II; and Carla Morreale, City Clerk FLAG SALUTE: The Flag Salute was led by Retired Air Force Colonel Larry Barlock. MAYOR'S ANNOUNCEMENTS: Mayor Clark introduced the Mayor's Business Recognition of the Month: Yogurt Deck, in the Golden Cove Shopping Center, and introduced owner Jennifer Richardson. RECYCLE DRAWING: Mayor Clark announced Recyclers of the Month from the February 3, 2009 City Council meeting: Susan Dragoo and Jim Birch. 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. Mayor Clark stated that residents should contact the Lomita Sheriff's Station if they witness people pilfering from recycling bins. APPROVAL OF AGENDA: Councilman Stern moved, seconded by Mayor Pro Tem Wolowicz, to approve the Agenda as presented. Without objection, Mayor Clark so ordered. City Council Minutes February 17, 2009 Page 1of11 PUBLIC COMMENTS: None. CITY MANAGER REPORT: None. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: Mayor Pro Tern Wolowicz moved, seconded by Councilman Long, to app1th. Consent Calendar, as presented. The motion passed by the following roll call vote: } AYES: Stern, Long, Wolowicz, and Mayor Clark* NOES: None ABSENT: Gardiner Discussion between staff and the Council included the following items: clarification regarding significant savings in time and expense in the Storm Drain Lining Project; the acceleration of infrastructure work and the spending of Reserve Funds to take advantage of low costs; and, clarification that a claim submitted byra claimant who blacked out while driving southbound on Palos Verdes Drive East (north of Spinning Wheel Lane) occurred outside of the City limits. City Attorney Lynch reminded Mayor Clark to note that he abstained from voting on Item No. 6 (Appeal of the Planning Commission's Conditional Approval of the Proposed St. John Fisher Master Plan) on the Consent Calendar. * Mayor Clark abstained from voting on Item No. 6 (St. John Fisher Master Plan). 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 October 27, 2008 Adjourned Regular Meeting/TSC Joint Workshop; November 18, 2008 Regular Meeting; December 2, 2008 Regular Meeting; December 16, 2008 Regular Meeting; January 15, 2009 Adjourned Regular Meeting; and, January 31, 2009 Adjourned Regular Meeting/Community Leaders' Breakfast. City Council Minutes February 17, 2009 Page 2 of 11 Claim Against the City by Amber Dunn (303) the claim and directed staff to notify the claimant. Rejected, Y Agreement for Vehicle Purchase and Operation with the Palos Verdes Peninsula Transit Authority (PVPTA) (1505) Authorized the Mayor and City Clerk to execute the attached Agreement for Vehicle Purchase and Operation with the PVPTA. Change Order- Storm Drain Lining Project 2008— Phase I (1204 x 604) 1) Authorized a change order to the construction contract with Re-Pipe California, Inc., in order to take advantage of a unique price structure reduction due to other work that is currently underway in the City. This change to the construction contract will increase the contract amount by $356,151.50, for the installation of an additional 2,534 linear feet of cured-in-place polyethylene liner; and, 2) Authorized an increase to the contract with CBM Consulting, Inc. in the not to exceed amount of$28,000, for Construction Inspection services. Appeal of the Planning Commission's Conditional Approval of the Proposed St. John Fisher Master Plan: Conditional Use Permit (CUP) No. 96 - Revision "D," Grading Permit, Minor Exception Permit, Sign Permit, and Environmental Assessment (Case No. ZON2007-00492); Project Address: 5448 Crest Road (1804) 1) ADOPTED RESOLUTION NO. 2009-09, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, THEREBY CERTIFYING THE MITIGATED NEGATIVE DECLARATION AND APPROVING THE MITIGATION MONITORING PROGRAM FOR THE ST. JOHN FISHER MASTER PLAN CASE NO. ZON2007-00492; and, 2) ADOPTED RESOLUTION NO. 2009-10, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, THEREBY CONDITIONALLY APPROVING THE ST. JOHN FISHER MASTER PLAN, INCLUDING CUP NO. 96 — REVISION "D," GRADING PERMIT, MINOR EXCEPTION PERMIT AND SIGN PERMIT CASE NO. ZON2007-00492. Register of Demands ADOPTED RESOLUTION NO. 2009-11, 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: City Council Minutes February 17, 2009 Page 3 of 11 Prezoning Ordinance Related to the Highridge Condominiums Project, Located at 28220 Highridge Road (1411 x 701) City Clerk Morreale reported that notice of the public hearing was duly published, no written protests were received, and late correspondence was distributed prior to the meeting. Mayor Clark declared the public hearing open. Councilmember Long moved to waive the staff report, seconded by Mayor Clark. Without objection, Mayor Clark so ordered. Councilman Stern received clarification that the only revision in the ordinance was to add the date of the public hearing. City Clerk Morreale reported that there were no requests to speak on the item. Mayor Clark closed the public hearing. Councilman Stern moved, seconded by Councilman Long, to adopt the staff recommendation. Councilman Long clarified that while he had previously voted against and continued to be against the project, he supported the annexation as the next logical step of the project. Councilman Stern moved, seconded by Councilman Long, to 1) ADOPT ORDINANCE NO. 483U, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, PREZONING THE 440-SQUARE-FOOT PORTION OF THE HIGHRIDGE CONDOMINIUMS PROJECT (ASSESSOR'S PARCEL NO. 7589-007-802), LOCATED AT 28220 HIGHRIDGE ROAD, AS "RESIDENTIAL MULTI-FAMILY, 22 DWELLING UNITS PER ACRE" (RM-22), AND DECLARING THE URGENCY THEREOF; and, 2) INTRODUCE ORDINANCE NO. 484, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, PREZONING THE 440-SQUARE-FOOT PORTION OF THE HIGHRIDGE CONDOMINIUMS PROJECT (ASSESSOR'S PARCEL NO. 7589-007- 802), LOCATED AT 28220 HIGHRIDGE ROAD, AS "RESIDENTIAL MULTI-FAMILY, 22 DWELLING UNITS PER ACRE" (RM-22). The motion passed by the following roll call vote: AYES: Long, Stern, Wolowicz, and Mayor Clark NOES: None ABSENT: Gardiner General Plan Amendment Initiation Request (GPAIR) and Zone Change Amendment Initiation Request (ZCAIR) (Case No. ZON2008-00608), a Request to City Council Minutes February 17, 2009 Page 4 of 11 Obtain Direction from the City Council Regarding a Proposed Change in the General Plan Land Use Designation and Zoning of a Privately-Owned Property From Single-Family Residential Property with Dual Zoning (RS-2 and RS-5) (701) City Clerk Morreale reported that notice of the public hearing was duly published, no written protests were received, and there were no requests to speak on the item. Mayor Clark declared the public hearing open. There were no requests to speak on the item. Mayor Clark declared the public hearing closed. Councilman Long moved, seconded by Councilman Stern, to waive the staff report and approve the staff recommendation. Without objection, Mayor Clark so ordered. PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA: REGULAR NEW BUSINESS: Regulating Availability of Toilet and Hand Washing Facilities for Food Peddling from Motorized Vehicle (202 x 1801) City Clerk Morreale reported that there were three requests to speak on this item. There was no request for a summary staff report on this item. Discussion between Council and staff included the following topics: clarification that the wording for the amendment to the Peddling Ordinance was borrowed from the City of Palos Verdes Estates; the proposed regulations regarding the vendor truck parking to allow for the use of restroom facilities and hand washing facilities; concern for residents; the existing regulations that allow parking for no longer than ten minutes except at approved City facilities on City property; non-compliance and enforcement options; and, a suggestion of the possibility of restrooms on vendor trucks in order to achieve compliance. Rose Barlock, Rancho Palos Verdes, reported that neighbors favored the new ordinance due to the previous issues that the neighborhood experienced including parking problems six days a week, dangerous traffic safety issues, trash problems, and public urination. She reported an improvement for a time after the last ordinance was passed; broader latitude for cities provided by State Bill AB2588; and outlined the Lomita Sheriff's Department efforts to cite the non-complying vendors and the cost to the City to enforce the ordinance. City Council Minutes February 17, 2009 Page 5 of 11 Council Members complimented the diligence of the Neighborhood Watch group in the Los Verdes neighborhood area. Mayor Pro Tem Wolowicz suggested amending the distance of the toilet and hand washing facilities to be reduced from 250 feet to 200 feet as that would further tighten up the regulation. Mayor Pro Tem Wolowicz moved, seconded by Councilman Stern, to INTRODUCE ORDINANCE NO. 485, AS AMENDED, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, AMENDING CHAPTER 5.28 (PEDDLERS) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO REGULATE PEDDLING BY REQUIRING TOILET AND HAND WASHING FACILITIES WITHIN 200 FEET OF FOOD PEDDLING FROM A MOTORIZED VEHICLE. The motion carried by the following roll call vote: AYES: Long, Stern, Wolowicz, and Mayor Clark NOES: None ABSENT: Gardiner FY08-09 Midyear Financial Report (602) Deputy Director of Finance/IT Downs provided a summary staff report and PowerPoint presentation on the item. Council and staff discussion included the following topics: an increase in Reserve Funds; the proposed reduction in arterial street repair based on the premise that the City does not anticipate receiving the Proposition 1B (Prop 1B) funds from the State in the near future; a suggestion to keep the arterials street repair on track for maintenance repair with the use of General Fund Reserves; the probable inability to replenish expended General Funds for arterial street repair with Prop 1B Funds once received; the possibility of receiving Federal Stimulus Funds for road repairs; the suggestion to leave the Prop 1B funds in the budget and come back to Council for a request for General Funds for arterial street repair if those funds are not received; additional costs to the City for previously deferred street maintenance; reasons given for the Trump Golf tax based on revenue reduction; and, the $540,000 increase in excess reserves. Councilman Stern moved, seconded by Councilman Long, to: 1) Receive and file the FY08-09 Midyear Financial Report; and, 2) ADOPT RESOLUTION NO. 2009-12, AS AMENDED, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION 2008-47, THE BUDGET APPROPRIATION FOR FY08-09, TO ADJUST THE BUDGET IN THE GENERAL FUND, CAPITAL IMPROVEMENT PROJECTS FUND, BIKEWAYS FUND, STREET MAINTENANCE FUND, BEAUTIFICATION FUND, SUBREGION ONE FUND, MEASURE A FUND, PUBLIC SAFETY GRANTS FUND, RPV TV CHANNEL FUND, EQUIPMENT REPLACEMENT FUND, EMPLOYEE BENEFITS FUND, AND BUILDING REPLACEMENT FUND OF THE CITY. City Council Minutes February 17, 2009 Page 6 of 11 7 The motion carried on the following roll call vote: `• < SAYE : Lo Mayor Clark , Stern, Wolowicz, and Ma g Y *1. NOE.S: None , ABSENT Gardiner Cost Based Fee Report (602) Directorof Finan6e/IT introd u ed the item and re orted4that a public hearing on thi item would be forthcomin g within the'next one to two months. `} Senior Administrative Analyst Singer presented an overview of the Cost Based Fee Study and summary staff report. Council and staff discussion included the following topics: general policy guidelines regarding the expenditure of City funds; acknowledgment of the complexity of and technical knowledge necessary to prepare a Cost Based Fee Study and methodology used for the study; the need for Council consensus on what they would like to subsidize; examining the REACH program and Special Events as possible Budget Policy items due to the large amounts of money being subsidized to these two programs; unintended taxpayer subsidies; the need for useful City models and comparison of fees with other cities; the need for full cost recovery, whether phased in or immediate; revenue enhancements; and, charging for non-resident participation in the REACH program. Mayor Pro Tem Wolowicz moved, seconded by Councilman Stern, to: 1) Receive and file the Service Cost Update report dated January 22, 2009, prepared by Revenue and Cost Specialists, LLC.; and, 2) Direct staff that Council was generally in favor of full cost recovery as a concept moving forward, with clarification that if the City subsidizes any particular fees it should be with full knowledge and acceptance of these particular fees. The motion carried on the following roll call vote: AYES: Long, Stern, Wolowicz, and Mayor Clark NOES: None ABSENT: Gardiner RECESS AND RECONVENE: Mayor Clark called a brief recess from 9:08 P.M. to 9:17 P.M. Proposed Network Modification Plan and Approval of Request for Proposals for Acquisition of Primary Firewall Upgrade (602) Councilman Stern moved, seconded by Councilman Long, to waive the staff report. Without objection, Mayor Clark so ordered. City Council Minutes February 17, 2009 Page 7 of 11 Council questions and comments included the following issues: clarification on the proposed modification; points of contact between the City system and PVNET; benefits of the relationship with PVNET and advanced overall level of technology; the City's high level of effectiveness and efficiency; and, the ability for the public to view City Council meetings online. Mayor Pro Tern Wolowicz moved, seconded by Councilman Stern, to: 1) Approve Staff's recommendation to make all necessary network modifications (the "proposed Network Modification Plan") to accomplish Management Partners' recommendation #9. "to separate the City's Information Technology (`IT') assets from those of Palos Verdes on the Net (`PVNET')"; 2) Approve the attached Request for Proposals for the acquisition and implementation of the proposed upgrade of the City's current primary firewall, including installation and implementation services and staff training for the proposed SonicWALL NSA E7500 firewall (the "NSA firewall"); and, 3) Approve the transfer of certain IT equipment to/from PVNET that has little or no value, and is beyond, or near the end of, its estimated useful life. The motion carried on the following roll call vote: AYES: Long, Stern, Wolowicz, and Mayor Clark NOES: None ABSENT: Gardiner City Council's Proposal for Restructuring the Equestrian Committee (1808) City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there was one request to speak on the item. Councilman Long moved, seconded by Mayor Clark, to waive the staff report. Without objection, Mayor Clark so ordered. Wes Prunckle, Rancho Palos Verdes, voiced support for the Equestrian Committee as well as the establishment of a Trail Advisory Committee in the future; requested equal access for all trail users in the City's Preserve; and, reported on trail usage data. Councilman Long moved, seconded by Mayor Clark, to: 1) Maintain the existing make- up of the Equestrian Committee through the end of the fiscal year, June 30, 2009; and, 2) At the end of the fiscal year, Council to consider all options. The motion carried on the following roll call vote: AYES: Long, Stern, Wolowicz, and Mayor Clark NOES: None ABSENT: Gardiner City Council Minutes February 17, 2009 Page 8 of 11 City Advisory Board Chairs (106 x 1203 x 602) Mayor Pro Tern Wolowicz moved to adopt the staff recommendation. Councilman Long spoke against the motion to waive the interviews and moved to amend the motion to hold interviews of the individuals who showed interest in serving as Chair. Council discussion included an explanation of why the Vice Chair of the Planning Commission, Jeffrey Lewis, would be appointed Chair without an interview; the superb service of Frank Lyon as the Chair of the Oversight Committee and in many other capacities in the City over the years; and, the exception to waive interviews in this particular situation. Councilman Long withdrew his amendment to the motion. Mayor Pro Tem Wolowicz moved, seconded by Councilman Stern, to: appoint Jeffrey Lewis as Chair for the Planning Commission and Frank Lyon as Chair for the Oversight Committee for the Water Quality Flood Protection Program (WQFP). The motion carried on the following roll call vote: AYES: Long, Stern, Wolowicz, and Mayor Clark NOES: None ABSENT: Gardiner City Council Meeting Schedule —Tactical Planning Workshop (307) City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding this item. Council and staff discussed alternate times to hold the Tactical Planning Workshop. Due to scheduling conflicts, the Council continued this item and directed staff to select another date. CITY COUNCIL ORAL REPORTS: Councilman Wolowicz reported on his participation in the following events: a meeting with residents of the St. John Fisher Church neighborhood on November 7, 2008; a site visit at St. John Fisher Church on November 13, 2008; a meeting regarding the Crestridge property (affordable housing) on November 14, 2008; the League of Women Voters' Annual Reception on November 14, 2008; a fire on City property on November 15, 2008, which was handled very well from the command center; a conference call regarding waste hauling contract recommendations on November 17, 2008; the California Contract Cities Director's meeting in Cerritos on November 19, 2008; the Palos Verdes Peninsula Regional Law Enforcement Committee meeting on November 20, 2008; the Los Angeles County Fire Department Expo at Botanic Gardens on City Council Minutes February 17, 2009 Page 9 of 11 November 22, 2008; the City Council meeting and site visit at St. John Fisher Church on November 22, 2008; a meeting with some of the representatives of neighborhoods surrounding St. John Fisher Church on November 25, 2008; a phone conversation with Monsignor Sork on November 25, 2008; a site visit for listening to the sound system at St. John Fisher Church on December 1, 2008; the City Council meeting to conduct interviews for Committee and Commission Members on December 6, 2008; the annual Rolling Hills Estates holiday parade on December 6, 2008; a meeting with representatives of Marymount College on December 9, 2008; a meeting with representatives of the appellants of St. John Fisher Church on December 15, 2008; the California Contract Cities meetings in Sacramento on January 12-13, 2009; a discussion regarding tactical goals and CIP on January 14, 2009; a meeting with the owner and representatives of the Valero Gas Station on January 15, 2009; the Capital Improvement Plan (CIP) Workshop meeting on January 15, 2009; the Mayor's monthly breakfast on January 16, 2009; a meeting with a neighborhood group opposing the rezoning of the Valero Gas Station on January 16, 2009; a conference call with Councilman Long and the City's Auditor regarding the Auditor's Management Letter on January 19, 2009; a meeting with Mayor Clark, City Manager Lehr, and Deputy City Manager Petru to set the Mayor's and CIP goals for the year on January 20, 2009; the Palos Verdes Peninsula Transit Authority Board meeting on January 22, 2009, where a discussion occurred regarding the proposed cancellation of MTA Route 444; the Community Leaders' Breakfast on January 31, 2009; the Palos Verdes Peninsula Chamber of Commerce Installation of Officers, along with Mayor Clark and Councilman Long, on February 12, 2009; and, the South Bay Association of Chamber of Commerce's Annual Installation of Officers, where a Rancho Palos Verdes resident, Marcella Lowe, was honored as Chair on January 13, 2009. Councilman Long reported on his participation in the following events: a telephone conversation with Monsignor Sork; two meetings with Steve Kuykendall to discuss a Marymount College survey and information regarding the Valero Gas Station issue; and, the quarterly meeting of the Peninsula Regional Law Enforcement Committee, with the Deputy City Manager, on February 12, 2009. Councilman Stern stated that the activities and conversations he had participated in were previously reported when the particular City Council agenda items were discussed. Mayor Clark reported on his attendance at the following events in addition to those reported on by other Council Members: the December, January and February California Coastal Commission meetings; and, a party celebrating his January birthday. He announced an upcoming tribute to Mayor Judy Mitchell of the City of Rolling Hills Estates, to honor her as the first Peninsula representative to serve as the President of the League of California Cities. COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS: Councilman Stern stated that he would like the Council to consider an item regarding guidelines for the Council Members' role in making quasi-judicial decisions. He City Council Minutes February 17, 2009 Page 10of11 suggested that he would discuss a plan to address the topic with staff and the City Attorney prior to agendizing the matter. Mayor Pro Tem Wolowicz inquired when the following items would be agendized: a discussion on peafowl problems, and a discussion regarding City guidelines for non- profit organizations requesting grants. City Attorney Lynch provided a recap of the parameters applied prior to the granting of City funds to non-profit organizations, including that the service must be available.to City residents, so that there has not been a gift of public funds. Mayor Clark requested an item be agendized regarding the provision of a dog park on the Peninsula. CLOSED SESSION REPORT: City Attorney Lynch reported on the following items: 1) Regarding the Quong item, the Council gave direction to staff to delay action with respect to a View Restoration matter (with Councilman Stern absent, due to a work conflict); 2) Regarding the VH Property Corp. item, a status update report was provided and no action taken; and, 3) Regarding the threat of potential litigation in a letter from James Dragna, Esq. to City Attorney Lynch, the Council unanimously voted, including Councilman Stern, to waive the conflict so that Richards, Watson, and Gershon could represent the City, that the case would be tendered to the CJPIA, and that the Tolling Agreement would be approved, with Councilman Gardiner absent on all items. ADJOURNMENT: At 10:09 P.M., Mayor Clark adjourned the meeting. ayor Attest: // City Clerk W:\City Council Minutes\2009\20090217 CC MINS.doc City Council Minutes February 17, 2009 Page 11of11