CC MINS 20090519 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
MAY 19, 2009
The meeting was called to order at 7:04 P.M. by Mayor Clark at Fred Hesse Community
Park, 29301 Hawthorne Boulevard.
City Council roll call was answered as follows:
PRESENT: Stern, Wolowicz, and Mayor Clark
ABSENT: Gardiner (excused) and Long (excused)
Also present were 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; and Carla Morreale, City Clerk.
FLAG SALUTE:
The Flag Salute was led by Eagle Scout Richie Farbman.
MAYOR'S ANNOUNCEMENTS:
Mayor Clark presented a certificate of commendation to Eagle Scout Richie Farbman
for his achievement of earning the rank of Eagle Scout.
Mayor Clark highlighted the accomplishments of Jacki Bacharach and presented her
with the Mayor's Rancho Palos Verdes Heroes award.
Councilman Stern encouraged residents to get out and vote if they have not already
done so in the State Special Election going on that day.
Mayor Pro Tem Wolowicz congratulated Mayor Clark on his re-appointment to the
California Coastal Commission.
In light of the recent earthquake in Inglewood, Mayor Clark reviewed a PowerPoint
presentation regarding Emergency Preparedness for Earthquakes and other disasters.
Deputy City Manager Petru indicated that all of the emergency preparedness
information provided on the PowerPoint presentation is available in the front of the
Palos Verdes Peninsula Directory phone book.
RECYCLE DRAWING:
Mayor Clark announced the Recyclers of the Month from the May 5, 2009 City Council
meeting: Tom Coull and Karen Gorano. 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.
City Council Minutes
May 19, 2009
Page 1 of 6
APPROVAL OF AGENDA:
Councilman Stern moved, seconded by Mayor Pro Tem Wolowicz, to approve the
Agenda.
Without objection, Mayor Clark so ordered.
PUBLIC COMMENTS:
None.
CITY MANAGER REPORT:
None.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
Mayor Pro Tem Wolowicz moved, seconded by Councilman Stern, to approve the
Consent Calendar.
The motion passed by the following roll call vote:
AYES: Stern*, Wolowicz and Mayor Clark
NOES: None
ABSENT: Gardiner and Long
*Councilman Stern abstained from the approval of the minutes of April 7, 2009 due to
his absence from that meeting.
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 April 7, 2009 Regular Meeting.
*Councilman Stern abstained from the approval of the minutes of April 7, 2009 due to
his absence from that meeting.
Western Avenue Frontage Road Name Change (1406)
City Council Minutes
May 19, 2009
Page 2of6
1) ADOPTED RESOLUTION NO. 2009-28, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RANCHO PALOS VERDES, THEREBY CHANGING THE STREET
NAME OF THAT PORTION OF WESTERN AVENUE FRONTAGE ROAD CUL-DE-
SAC AND THE PORTION BETWEEN AVENIDA APRENDA AND REDONDELA DRIVE
FROM WESTERN AVENUE FRONTAGE ROAD TO PALMERAS PLACE; and, 2)
Authorized the City Clerk to forward an official copy of the executed resolution to the
Clerk of the Board of Supervisor's of Los Angeles County.
Street Sweeping Maintenance Services (Maintenance Contract for FY09-10,
FY10-11, and FY11-12) (1405)
1) Approved plans and specifications and awarded a Street Sweeping Services
Maintenance Contract to Nationwide Environmental Services Division. of Joe's
Sweeping, Inc. for three years and the possibility of three 1-year extensions by mutual
agreement; and, 2) Authorized the Mayor and City Clerk to execute a contract with
Nationwide Environmental Services Division. of Joe's Sweeping, Inc.
Award Contract for Roadway Maintenance (1405)
1) Approved the Plans and Specifications for the Roadway Maintenance contract for
FY 2009-10 through FY 2013-14; 2) Awarded a multi-year contract to Hardy & Harper,
Inc., for the maintenance of roadways throughout the City of Rancho Palos Verdes;
3) Awarded a contract for professional services to Charles Abbott Associates for
Inspection Services; and, 4) Authorized the Mayor and City Clerk to execute contracts
with Hardy & Harper, Inc. and Charles Abbott Associates, respectively.
Citywide Landscaping and Lighting Maintenance District (901)
1) ADOPTED RESOLUTION NO. 2009-29, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RANCHO PALOS VERDES, INITIATING PROCEEDINGS FOR THE
LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE CITYWIDE
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR
2009-2010 AND ORDERING THE PREPARATION OF AN ENGINEER'S REPORT
PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, PART 2 OF
DIVISION 15 OF THE CALIFORNIA STREETS & HIGHWAYS CODE; 2) ADOPTED
RESOLUTION NO. 2009-30, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, APPROVING THE ENGINEER'S REPORT IN
CONNECTION WITH THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN
THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT FOR
FISCAL YEAR 2009-2010; and, 3) ADOPTED RESOLUTION NO. 2009-31, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
DECLARING THE CITY COUNCIL'S INTENTION TO LEVY AND COLLECT
ASSESSMENTS WITHIN THE CITYWIDE LANDSCAPING AND LIGHTING
MAINTENANCE DISTRICT FOR FISCAL YEAR 2009-2010 PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972, PART 2 OF DIVISION 15 OF THE
CALIFORNIA STREETS & HIGHWAYS CODE, AND APPOINTING A TIME AND
PLACE FOR HEARING OBJECTIONS THERETO.
City Council Minutes
May 19, 2009
Page 3 of 6
Notice of Completion - Storm Drain Lining Project (1204 X 604)
1) Accepted the work as complete; 2) Authorized the City Clerk to file a Notice of
Completion with the County Recorder; and, 3) Authorized the Director of Public Works
to release the 10% retention payment to Wesco Infrastructure Technologies, L.P. 35
days after recordation of the Notice of Completion by the County Recorder contingent
upon no claims being filed on the project bond.
Water Quality and Flood Protection Program- Public Hearing for Annual User Fee
Rate FY09-10 (602)
ADOPTED RESOLUTION NO. 2009-32, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, DESIGNATING A TIME AND PLACE FOR
HEARING PROTESTS IN CONNECTION WITH THE PROPOSED LEVY OF THE
ANNUAL STORM DRAIN USER FEE FOR FY 2009-10.
Cost Status of Terranea TOT Advisors (1804)
Authorized the City Manager to approve expenses for the continued use of consulting
services in the preparation of due diligence on the request from Lowe Enterprises for
TOT assistance for the Terranea Resort.
Register of Demands
ADOPTED RESOLUTION NO. 2009-33, 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.
# # # # # #
PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:
REGULAR NEW BUSINESS:
Interference with Trapping and Relocation of Peafowl (104)
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding this item.
City Attorney Lynch provided a summary staff report on the item and pointed out a
typographical error in the staff report.
Council and staff discussion ensued regarding the "owning" of a peafowl with the
requirement of a permit; adding peafowl to the list of animals requiring an exotic animal
permit; the addition of a section per Council's direction that makes it a crime to interfere
with the trapping and relocation of peafowl; and, the associated fines and penalties as
being consistent with the Municipal Code.
City Council Minutes
May 19, 2009
Page 4 of 6
Mayor Pro Tern Wolowicz moved, seconded by Councilman Stern, to INTRODUCE
ORDINANCE NO. 488, AS AMENDED, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, ADOPTING BY REFERENCE TITLE 10, ANIMALS, OF THE LOS
ANGELES COUNTY CODE, AMENDING CERTAIN SECTIONS THEREOF AND
AMENDING CHAPTER 6.04 OF THE RANCHO PALOS VERDES MUNICIPAL CODE.
The motion passed on the following roll call vote:
AYES: Stern, Wolowicz and Mayor Clark
NOES: None
ABSENT: Gardiner and Long
Establishment of a Written Policy for Use of City Owned Electronic Equipment
(602)
Finance Director McLean provided a summary staff report of the item. He reported that
a few cell phones have been issued to City employees, but no PDAs or Blackberry
devices have been issued to City employees or Council Members.
Ken Dyda, Rancho Palos Verdes, stated that he believed the reimbursement for some
usage of cell phones and PDAs was appropriate for some staff members.
Councilman Stern stated that he supported a non-accountable plan; recognized and
complimented staff members who have made efforts to be available at all times to the
Council and public by using their own PDA devices; and, supported the proposed
reimbursement to those employees.
Councilman Stern moved, seconded by Mayor Pro Tern Wolowicz to 1) Direct staff to
develop a written policy based on a non-accountable plan for City-owned electronic
equipment assigned to employees and City Council Members, as well as equipment
allowances paid to employees for employee-owned electronic equipment; and, 2) Direct
staff to prepare a written user policy and a revision of the salary range Resolution to
include electronic equipment allowance to certain employees.
Without objection, Mayor Clark so ordered.
Tree Trimming Maintenance Project (1204)
Public Works Director Bell provided a brief staff report on the item.
Mayor Pro Tern Wolowicz received clarification from Director Bell and City Attorney
Lynch regarding irregularities with the bids and reasons that the recommendation was
to reject all bids and start the bidding process again.
Mayor Pro Tern Wolowicz moved, seconded by Councilman Stern, to reject all bids.
Without objection, Mayor Clark so ordered.
City Council Minutes
May 19, 2009
Page 5 of 6
CITY COUNCIL ORAL REPORTS:
Mayor Pro Tern Wolowicz reported on his participation in the following events: the
California Contract Cities Executive Board Meeting on May 6, 2009; the California
Contract Cities Annual Conference from May 14-17, 2009; and, a meeting of the
Terranea Subcommittee with Bob Lowe on May 16, 2009.
Councilman Stern reported participating in the following events: a conference call on the
Land Purchase Subcommittee on May 8, 2009; a meeting with Sheriff Baca regarding
the negotiation with respect to the new Los Angeles County Sheriff's Contract on
May 12, 2009; the Peninsula Regional Law Enforcement Commission meeting on
May 14, 2009; and, the California Contract Cities Annual Conference from May 14-17,
2009.
Mayor Clark reported participating in the following events: a meeting in Sacramento with
Senator Alan Lowenthal, Senator Rod Wright, and Assemblywoman Bonnie Lowenthal
to update them on the state of the City and the City's requests for stimulus funds on
April 28, 2009; the California Contract Cities Annual Conference from May 14-17, 2009;
and, a meeting with the Terranea Subcommittee and Bob Lowe on
May 16, 2009.
COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS:
None.
CLOSED SESSION REPORT:
City Attorney Lynch reported on the following items: 1) Regarding the potential
purchase of open space, unanimous direction was given regarding the purchase of a
portion of the Upper Filiorum property; and, 2) Regarding the potential litigation, a report
was provided and no action taken, with Councilman Gardiner and Councilman Long
absent for both items.
ADJOURNMENT:
At 8:03 P.M., Mayor Clark adjourned the meeting to Tuesday, May 26, 2009 at
7:00 P.M. at Pt. Vicente Interpretive Center for an Adjourned Regular Meeting.
up
yor
Attest: _
City Clerk
W:\City Council Minutes\2009\2009051 9 CC MINS.doc
City Council Minutes
May 19, 2009
Page 6of6