RPVCCA_DM_2011_02_15_02_Draft_CC_Mins_20110118DRAFT
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
JANUARY 18,2011
The meeting was called to order at 7:03 P.M.by Mayor Pro Tem Misetich at Fred Hesse
Community Park,29301 Hawthorne Boulevard.
City Council roll call was answered as follows:
PRESENT:Campbell,Misetich,Stern,Wolowicz,and Mayor Long*
ABSENT:None
*Mayor Long was present via teleconference from 7:03 P.M.to 8:30 P.M.from the
W Hotel New York Times Square,1567 Broadway,New York,New York 10036.
Also present were Carolyn Lehr,City Manager;Carol Lynch,City Attorney;Dennis
McLean,Director of Finance/lnformation Technology (IT);Joel Rojas,Community
Development Director;Ray Holland,Director of Public Works;Senior Engineer;Ron
Dragoo,Senior Engineer;Holly Starr,Recreation Services Manager;Emily Rodin,
Recreation Leader;and Carla Morreale,City Clerk.
Also present were the following:Jewel Johnson,Supervising Ranger,Mountains
Recreation and Conservation Authority,and Alan Braatvedt,Public Works Consultant
and Senior Project Manager,San Ramon Canyon Project.
FLAG SALUTE:
The Flag Salute was led by Councilman Campbell.
MAYOR'S ANNOUNCEMENTS:
Mayor Pro Tem Misetich announced the recent passing of Glenn R.Watson,founding
partner of the law firm Richards,Watson &Gershon,who assisted with the
incorporation of the City of Rancho Palos Verdes.He provided comments regarding Mr.
Watson's life and accomplishments.
Former Councilman Ken Dyda provided comments on his memories of working with
Glenn R.Watson.
Mayor Pro Tem Misetich announced the recipients of the Clean Bay Restaurant
Certification in the City of Rancho Palos Verdes.
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January 18,2011
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Mayor Pro Tem Misetich introduced Recreation Services Manager Starr,Recreation
Leader Rodin,and Supervising Ranger Johnson who provided information and a
PowerPoint presentation regarding the upcoming Jr.Ranger Program to be offered at
Ladera Linda Community Center.
Mayor Pro Tem Misetich presented City tiles to the following three of the eight outgoing
Committee/Commission Members:Lynn Swank,Traffic Safety Commission;Shari
Weiner,Emergency Preparedness Committee;and,Shawn Nejad,Traffic Safety
Commission and thanked them for their service to the City.
RECYCLE DRAWING:
Mayor Pro Tem Misetich announced Recyclers of the Month from the December 21,
2010 City Council meeting:Pankaj Kadakia and Ronald Marinkovich.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 THE AGENDA:
Councilman Wolowicz moved,seconded by Councilman Stern,to approve the agenda.
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Campbell,Misetich,Stern,Wolowicz,and Mayor Long
None
None
PUBLIC COMMENTS:
Mark Wells,Rancho Palos Verdes,stated that residents should know that the Council
Members support the passage of Measure C -the Charter Measure.He noted that this
could be the best thing for the City and there is opposition to this Measure.He
encouraged a fair,open,honest and public debate to take the City into the future.He
referenced the cost estimate for the San Ramon Canyon Project and suggested that an
analysis be done to project if the prevailing wage issue as related to the Charter City
ballot measure is or is not in the best interest of the City of Rancho Palos Verdes,so
that the voters will be informed.
John Constantino,Rancho Palos Verdes,stated that he would like to suggest a revision
to the current procedures used by the Public Works Department regarding the approval
of cell phone tower and facility installation in the public right-of-way in the City.He
noted that there was no written notification required of the local residents regarding the
item to be installed,and noted that none of the neighbors he spoke with were informed
as to the nature of the installation proposed near his residence.He recommended the
written notification of residents within 500 feet of the installation and the requirement
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January 18,2011
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that the Public Works Department inspect the installation before the start of the 30-day
comment period.
Council and staff discussion ensued.
Carol Mueller,Rancho Palos Verdes,stated that she was not diametrically opposed to
the City becoming a Charter City,but noted that she had the following concerns:1)She
questioned the urgency of the ballot measure and why it was not placed on the ballot for
the November 2011 General Municipal Election;2)She inquired what the cost would be
to remove the measure from the March 8,2011 ballot and place it on the November
2011 ballot;and 3)She inquired what impediments Council Member Stern,Council
Member Wolowicz and Mayor Long have encountered in their years on the City Council
that would not have existed if the City were a Charter City.
Council and staff discussion ensued
Ken Dyda,Rancho Palos Verdes,stated that the Council has had the Charter City issue
on the City Council Agenda numerous times since it began as a Tactical Goal one year
ago,and noted that there was an article in the newspaper regarding the topic.He
reported that he was previously in favor of the matter being on the November 2011
Election,but has changed his mind,due to the recent events taking place at the State
level in Sacramento,with the Governor and Legislators stating that there will be raids on
local government monies,including Redevelopment Agency funds,to solve the State's
fiscal mismanagement.He noted the following provisions in the Charter:1)Retention
of the Council-Manager form of government;2)Zoning consistent with the General
Plan;3)Compensation for the Council will follow the same guidelines as currently used;
4)Total employee compensation will be a matter of transparent public record;and,
5)The ability to contract effectively for value.He concluded that he had changed his
position on the date of the election and urged a vote Yes on Measure C on the March 8,
2011 Special Election to avoid Sacramento's onslaught of the City's tax dollars.
John Cruikshank,Rancho Palos Verdes,stated that he supported Measure C to make
the City a Charter City because he has first hand knowledge of prevailing wages and
the ability for the City to have more local control to set its own local prevailing wages
and have the free market dictate what prices are paid for construction.He noted that
the City has a number of infrastructure projects that the City needs to embark on with a
limited amount of money for funding.He noted that in his private civil engineering
business when his firm works on taxpayer-funded projects that have prevailing wage he
is required to pay his employees 40%more,which is money that comes right out of
taxpayers'pockets.He indicated that this requirement did not make sense when a free
market rate can be paid.He concluded that he was in favor of more local control and
that he was not in favor of the control of the State government and bureaucrats who
have had a horrible track record.
CITY MANAGER REPORT:
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January 18,2011
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Senior Engineer Ron Dragoo provided a status update report regarding the recent
storms and clean-up process by several agencies at 25th Street/Palos Verdes Drive
South.
City Manager Lehr provided a report regarding staff's recent trip to Washington,D.C.
and the efforts made to provide key staff members of elected officials with information
regarding the infrastructure and funding needs in the City with projects such as the San
Ramon Canyon Project.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that late correspondence regarding Item Nos.4,5,and 6
were distributed prior to the meeting and there were requests to speak regarding Item
NO.4 (Adoption of Ordinance No.517,Creating a Ministerial Process to Adjust the
Landslide Moratorium Boundary Line)and Item NO.6 (Award of Contract for Services to
Prepare a Mitigated Negative Declaration for the Proposed Point View Agriculture,Golf
Course and Event Garden Master Plan Project);and suggested that Item NO.5
(Mayor's Appointment of City Council Members to Intergovernmental Organizations,
Associations and City Subcommittees)be removed from the Consent Calendar for
Council discussion in light of the late correspondence received from Councilman
Campbell.
Councilman Stern moved,seconded by Councilman Wolowicz,to approve the Consent
Calendar as amended with Item No.4 and Item No.6 to follow immediately after the
Consent Calendar and Item NO.5 to follow after the Regular Business items.
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Campbell,Misetich,Stern,Wolowicz,and Mayor Long
None
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
Approved the Minutes of the December 7,2010 Regular Meeting and December 18,
2010 Adjourned Regular Meeting.
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January 18,2011
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Traffic Safety Commission Terms of Office for Newly Appointed Commission
Members
Confirmed the appointment of the following two Traffic Safety Commission (TSC)
members for four-year terms of office until December 2014:Bryan Klatt and Anthony
Self;and the following three TSC members for two-year terms office until December
2012:Carol Donahue,David Kramer,and Joe Locascio.
Adoption of Ordinance No.517,Creating a Ministerial Process to Adjust the
Landslide Moratorium Boundary Line
This item was removed from the Consent Calendar for separate consideration.
Mayor's Appointment of City Council Members to Intergovernmental
Organizations,Associations and City Subcommittees
This item was removed from the Consent Calendar for separate consideration.
Award of Contract for Services to Prepare a Mitigated Negative Declaration for the
Proposed Point View Agriculture,Golf Course and Event Garden Master Plan
Project
This item was removed from the Consent Calendar for separate consideration.
Register of Demands
ADOPTED RESOLUTION NO.2011-01,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.
######
ITEMS REMOVED FROM THE CONSENT CALENDAR:
Adoption of Ordinance No.517,Creating a Ministerial Process to Adjust the
Landslide Moratorium Boundary Line
City Clerk Morreale reported that there was late correspondence distributed prior to the
meeting and there was one request to speak on this item.
Sharon Yarber,Rancho Palos Verdes,stated that the ordinance did not make sense as
drafted since it requires the property owner to sign the application before the City will
decide to place that property within the Landslide Moratorium area,noting that the
process should not be on a ministerial level.She expressed concern with a conflicting
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January 18,2011
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Section 15.20.100 of the Municipal Code where property to be removed from the
Landslide Moratorium when there is not a concurrent development application under
consideration is required to proceed through a lengthy process,while this proposed
ordinance will allow ministerial approval.
Council and staff discussion ensued.
Councilman Stern moved,seconded by Councilman Wolowicz,to adopt the staff
recommendation to:ADOPT ORDINANCE NO.517,AN ORDINANCE OF THE CITY
OF RANCHO PALOS VERDES,ESTABLISHING A PROCEDURE TO ADJUST THE
BOUNDARY OF THE LANDSLIDE MORATORIUM AREA.
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Campbell,Misetich,Stern,Wolowicz,and Mayor Long
None
None
Mayor Long left the meeting at 8:30 P.M.
Award of Contract for Services to Prepare a Mitigated Negative Declaration (MND)
for the Proposed Point View Agriculture,Golf Course and Event Garden Master
Plan Project
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there were three requests to speak regarding this item.
Stasys Petravicius,Point View Committee,West Portuguese Bend Community
Association,Rancho Palos Verdes,stated that the neighborhood Point View Committee
has been following the different development proposals for the Point View property and
inquired if the process could be held up until the neighboring communities could be
informed regarding the current proposal.
City Attorney Lynch and Director Rojas explained that the proposed item before Council
was the appropriate mechanism to begin the process that the speaker was requesting.
Council and staff discussion ensued.
Suzanne Griffith,Rancho Palos Verdes,stated that she has concerns with the order of
activities to have the MND prior to the discussions regarding the Conditional Use
Permit;the scope of the MND regarding noise issues and fire hazards.She requested
that the scope of the MND be increased to include the noise that would be present
during a real party at the Event Garden.
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January 18,2011
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Councilman Stern moved,seconded by Councilman Wolowicz,to adopt the staff
recommendation to:Authorize the Mayor and the City Clerk to sign a professional
services agreement in an amount not to exceed $64,707,with PCR Services
Corporation,to prepare a Mitigated Negative Declaration (MND)for the proposed Point
View Agriculture,Golf Course and Event Garden Master Plan project on property
located at 6001 Palos Verdes Drive South (known commonly as the Point View
property)that will be paid for by the applicant (York Point View Properties,LLC).
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Campbell,Stern,Wolowicz,and Mayor Pro Tem Misetich
None
Long
RECESS AND RECONVENE:
Mayor Pro Tem Misetich called a brief recess from 8:49 P.M.to 8:59 P.M.
REGULAR BUSINESS:
2011 Budget Calendar
Director of Finance/Information Technology McLean provided a brief staff report
regarding this item.
Council and staff discussion ensued.
Councilman Stern moved,seconded by Councilman Wolowicz,to approve the staff
recommendation,as amended,to:1)Schedule March 29,2011 at 7:00 P.M.,the fifth
Tuesday in March,for a Strategic Resource Allocation Workshop to consider budget
decision points,community grants,and an update of the City Council's Tactical Goals;
2)Schedule Saturday,May 21,2011 at 8:00 A.M.,for a Budget Workshop,including
use of a "Menu"for building the Draft FY11-12 Budget;and,3)Schedule June 7,2011
as the date of the public hearing to adopt the FY11-12 budget,the 2011-12 Storm Drain
User Fee,the final 2011 Five-Year Financial Model,and the final 2011 Capital
Improvement Plan.
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Campbell,Stern,Wolowicz,and Mayor Pro Tem Misetich
None
Long
Council and staff discussion continued regarding potential dates for additional meetings.
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January 18,2011
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San Ramon Canyon Project Study Report
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there was one request to speak regarding this item.
Public Works Director Holland provided a brief report and PowerPoint presentation
regarding the San Ramon Canyon Project Study Report.
Senior Engineer Dragoo provided additional comments regarding the proposed gravity
buttress which would stabilize the landslide and minimize the effects of runoff water in
the San Ramon Canyon.
Mark Wells,Rancho Palos Verdes,stated that he had confidence in the City Council
Members regarding their concern with infrastructure issues.He suggested that the
Council not opt for using the low cost alternative in the San Ramon Canyon Project
repair as it would necessitate additional repair work down the road.He noted that much
information is available regarding the project and hoped that the public would attend the
many upcoming informational meetings regarding this project.
Public Works Director Holland pointed out a typographical error noted by Ken Dyda on
Page 3 of the report,noting that Alternate 2A should be called out as Alternate 1B.He
added that Harris and Associates is currently working on an early action project to
protect the switchbacks approved by Council earlier in the year.He reported that the
staff believes that the preferred option would be a caisson type of project and that there
is no cost estimate at this time for that interim project.He noted that all of the aspects
of this project will be discussed in detail at the March 1,2011 Council Meeting.
Councilman Campbell moved,seconded by Councilman Stern,to:1)Receive and file
the Project Study Report for San Ramon Canyon Drainage;and,2)Set March 1,2011,
during the regularly scheduled City Council Meeting,as the date to conduct a Public
Workshop for the San Ramon Canyon Project Study Report.
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Campbell,Stern,Wolowicz,and Mayor Pro Tem Misetich
None
Long
City Advisory Board Chairs
Councilman Wolowicz moved to appoint all of the applicants for Chair for the respective
committees/commissions as designated in the staff report,except for the Planning
Commission.
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January 18,2011
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Councilman Campbell stated that he would like to offer a friendly amendment to the
motion to appoint David Tomblin as the Chair to the Planning Commission in light of the
following.Councilman Campbell reported that he had received an email from Planning
Commissioner Tetreault in which he stated that he had a minor family car emergency so
that he was unable to make the interview earlier this evening.He reported that
Commissioner Tetreault respectfully withdrew his name from consideration for Chair of
the Planning Commission and noted he would apply for the position in the next three
years.
Councilman Wolowicz moved,seconded by Councilman Stern,to appoint the following
as Chairs to the respective committees/commissions:1)David Tomblin as Chair of the
Planning Commission;2)Bill James as Chair of the Finance Advisory Committee;
3)Frank Lyon as Chair of the Oversight Committee;4)David Kramer as Chair of the
Traffic Safety Commission;and,5)Tim Weiner as Chair of the Emergency
Preparedness Committee.
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Campbell,Stern,Wolowicz,and Mayor Pro Tem Misetich
None
Long
ITEM REMOVED FROM THE CONSENT CALENDAR:
Mayor's Appointment of City Council Members to Intergovernmental
Organizations,Associations and City Subcommittees
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding this item.
Mayor Pro Tem Misetich reported that Councilman Campbell had stated that he could
not serve on the Palos Verdes Transit Authority.After Council discussion,Mayor Pro
Tem Misetich volunteered to be the alternate on the Palos Verdes Transit Authority.
Councilman Stern inquired if members of the community or staff members could serve
on some of the boards.
Mayor Pro Tem Misetich reported that staff was notified that the Mayor must serve as
the delegate to the City Selection Committee for the Los Angeles County Board of
Supervisors.
Councilman Wolowicz added that the Mayor could appoint a proxy to serve as the
representative when he was unable to attend a City Selection Committee meeting.
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January 18,2011
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Council directed staff to research which intergovernmental organizations would allow
the appointment of a staff member or resident to serve as the City Council's
representative.
Councilman Stern moved,seconded by Councilman Campbell,to receive and file the
appointments,as amended.
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Campbell,Stern,Wolowicz,and Mayor Pro Tem Misetich
None
Long
CITY COUNCIL ORAL REPORTS:
Each of the Council Members present reported on his attendance at various
organization and association meetings since the last City Council Oral Reports were
provided on December 21 ,2010.Councilman Campbell noted that he would submit his
City Council Oral Report in writing.
CLOSED SESSION REPORT:
City Attorney Lynch reported on the following Closed Session items:1)With respect to
the Existing Litigation regarding Joannou v.City of Rancho Palos Verdes,et aI.,a report
was provided and no action taken;and,2)With respect to the Existing Litigation
regarding VH Property Corp.and VHPS LLC v.City of Rancho Palos Verdes,a report
was provided regarding the Court ruling in favor of the City,denying the Writ of Mandate
and possible settlement of the case.She reported that the City Council unanimously
directed that if the property owner wants to amend any aspect of the project approvals,
he should proceed to file an application to do so,which would go through the normal
City processes.All Council Members were present including Mayor Long who
participated via teleconference from New York.
ADJOURNMENT:
At 9:57 P.M.,Mayor Pro Tem Misetich adjourned the meeting.
Mayor
Attest:
City Clerk
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