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RPVCCA_DM_2011_03_15_02_Draft_CC_Mins_20110301DRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING MARCH 1,2011 The meeting was called to order at 7:01 P.M.by Mayor Long 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 Also present were Carolyn Lehr,City Manager;Carolynn Petru,Deputy City Manager; Carol Lynch,City Attorney;Joel Rojas,Community Development Director;Dennis McLean,Director of Finance/Information Technology (IT);Ray Holland,Director of Public Works;Tom Odom,Deputy Director of Public Works/Interim Director of Recreation and Parks;Ron Dragoo,Senior Engineer;Andy Winje,Associate Engineer; Eduardo Schon born,Senior Planner;and Carla Morreale,City Clerk. Also present:City Geologist James Lancaster,Kling Consulting,Inc.;Alan Braatvedt, Public Works Consultant/CBM Consulting,and Senior Project Manager,San Ramon Canyon Project;Lisa Bates,Project Geologist,GMU Geotechnical. FLAG SALUTE: The Flag Salute was led by Mark Wells. MAYOR'S ANNOUNCEMENTS: Mayor Long announced that the 2ih Annual Whale of a Day Event was to be held Saturday,March 5,2011 at the Pt.Vicente Interpretive Center from 10:00 A.M.to 4:00 P.M.with free parking at City Hall and free shuttle service to the event provided by Supervisor Knabe's Office. Camilla Townsend,Chief Executive Officer,San Pedro Peninsula Chamber of Commerce,presented an overview of the mission of the San Pedro Peninsula Chamber of Commerce and highlighted the six major initiatives of the organization. RECYCLE DRAWING: Mayor Long announced Recyclers of the Month from the February 15,2011 City Council meeting:Lawson Deming and Knef Lizaso.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. Draft City Council Minutes March 1,2011 Page 1 of 8 2-1 APPROVAL OF THE AGENDA: Mayor Long requested that Item No.12 (Request for Instruction to Staff to Develop a Policy for Council Members and City Staff to Follow in Responding to Inappropriate or Threatening Behavior)be removed from the agenda due to a threat of litigation regarding the item. City Attorney Lynch suggested that Item No.11 (Appointment of a Council Member to Serve as Alternate on the Policy Steering Committee of the Municipal Area Express at its Meeting on March 7,2011)was no longer necessary since Mayor Pro Tem Misetich informed staff that he would be available to attend the Municipal Area Express meeting. Councilman Stern moved,seconded by Councilman Wolowicz,to approve the agenda, as amended,with Item Nos.11 and 12 removed from the agenda. Without objection,Mayor Long so ordered. PUBLIC COMMENTS:(Audience comments for items not on the agenda) Mark Wells,Rancho Palos Verdes,stated that he would like to volunteer to help with the upcoming Palos Verdes Marathon.He noted that Janice Hahn is running for the 36 th Congressional District and encouraged the voters to keep that in mind when voting, because if she is elected she may be able to help secure Federal money for the San Ramon Canyon Project. Ken Dyda,Rancho Palos Verdes,stated that there were many misconceptions circulating in the community regarding Measure C.He outlined the major issues being discussed about Measure C:1)public notice and discussion of the proposed Charter; 2)protection of local taxes;3)date selected for the election;4)increased local control; 5)Federal and Coastal Commission restrictions limiting the transfer of City parkland; 6)the option and flexibility to use prevailing wage or not;7)Council compensation; 8)a quorum of three votes has been in place since the City's formation;9)Zoning and General Plan consistency;10)the low possibility on enacting election Districts;and, 11)political trust with the Sacramento legislators. Suzanne Dean,Shakespeare by the Sea,Rancho Palos Verdes,stated that she was present to request funding for two performances at Terranea Resort and Hesse Park. Rebecca Simon,Rancho Palos Verdes,stated that she was present to speak to the character of Sharon Yarber.She stated that the Sheriff's investigation concluded that there was no criminal misconduct,yet the allegations were placed on websites and constituents spoken to about the matter.She opined that Ms.Yarber stood up for the citizens and challenged the City Council's decisions regarding the Annenberg Project and Measure C,and concluded that was the reason behind the recent events. Draft City Council Minutes March 1,2011 Page 2 of 8 2-2 Sharon Yarber,Rancho Palos Verdes,stated that under a Charter the City could be divided into districts;and noted that no one can predict what topics are on the minds of the current or future Council Members.She stated that staff and the Council have forgotten their roles,and that they do not govern,but serve,the residents.She stated that on Feb.14,2011 ,she submitted a list of fifteen "frequently asked questions"to be addressed,for which she has not received answers to date.She provided examples of the questions which include the following:1)circumstances that allow the use of design- build cost savings;2)an ordinance exempting the payment of prevailing wages and the possible repeal of that ordinance in the future;3)a charter limiting or altering the powers of the City Manager under the Council-Manager form of government,or the possibility of a change in form of governance;4)the possibility of the Council to have the power to require prior service on a committee or commission as a condition of qualification in order for a candidate to run for Council office;and,5)the possibility of the Council having the power to increase the percentage of signatures required for a referenda, recall or initiative. CITY MANAGER REPORT: None. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that there was one request to speak regarding Item No.6 (Approve Change Order -Professional Services Contract KOA Corporation/CBM Consulting). Mayor Pro Tem Misetich moved,seconded by Councilman Wolowicz,to approve the Consent Calendar with Item No.6 to follow immediately after the Consent Calendar. 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 February 15,2011 Regular Meeting. Draft City Council Minutes March 1,2011 Page 3 of 8 2-3 Trails Master Plan Grant Application ADOPTED RESOLUTION NO.2011-08,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,APPROVING THE APPLICATION FOR TRANSPORTATION PLANNING FUNDS FOR THE CITY'S TRAILS MASTER PLAN FROM THE COMMUNITY-BASED TRANSPORTATION PLANNING GRANT PROGRAM OF THE CALIFORNIA DEPARTMENT OF TRANSPORTATION. Request to File a Conditional Use Permit Revision Application from T -Mobile USA Authorized the City Manager to sign the Conditional Use Permit Revision application, allowing T-Mobile USA to seek approval to install a new wireless facility on the monopole at City Hall. Household Hazardous Waste/Electronics Waste Collection Program Siting Liability Agreement with County of Los Angeles Authorized the Mayor and City Clerk to execute the Household Hazardous Waste and Electronic Waste Collection Program Siting Liability Agreement with the County of Los Angeles and County Sanitation District No.2 of Los Angeles County. Approve Change Order -Professional Services Contract KOA Corporation/ CBM ConSUlting This item was removed from the Consent Calendar for separate consideration. January 2011 Monthly Report of Cash Balances Received and filed the January 2011 Monthly Report of Cash Balances for the City of Rancho Palos Verdes. Register of Demands ADOPTED RESOLUTION NO.2011-09,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. ###### Approve Change Order -Professional Services Contract KOA Corporation/ CBM Consulting As there was no request for a staff report,Mayor Long requested that the speaker be heard regarding the item. Draft City Council Minutes March 1,2011 Page 4 of 8 2-4 Ken Goldman.Rancho Palos Verdes,stated that his comments would be more appropriate under Item No.9 (Workshop -San Ramon Canyon -Project Study Report). Councilman Stern moved,seconded Councilman Wolowicz,to approve the staff recommendation to:Approve Change Order Number 1 to the contract for Professional Services with KOA Corporation/CBM Consulting increasing the original contract in the not to exceed amount of $20,000 for Project Management services for the San Ramon Canyon Storm Drain Project. The motion passed on the following roll call vote: AYES: NOES: ABSENT: Campbell,Misetich,Stern,Wolowicz,and Mayor Long None None REGULAR NEW BUSINESS: Workshop -San Ramon Canyon -Project Study Report City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding this item. Director of Public Works Holland provided a detailed staff report and PowerPoint presentation regarding the drainage problems at San Ramon Canyon Project.He outlined the challenges of the project and itemized the following goals to:safeguard lives and property;protect the Palos Verdes Drive East (PVDE)switchbacks;provide all-weather access along Palos Verdes Drive South (PVDS)and 25th Street;minimize system maintenance;minimize environmental impacts;and,improve the quality of the water going into the ocean.He provided an overview of the steps taken in the Project StUdy Report including topographical study;geological investigations,environmental impacts,cost assessments,five preliminary designs;design evaluations;identification of the two most suitable alternatives identified;and,design of the switchback stabilization early action project. Director Holland presented an overview of Alternative 1A -Tunnel Alignment at a cost of $19.2 million,which is a system totally contained within Rancho Palos Verdes with few easement issues,no existing system limitations,and a shorter project timeline. Director Holland presented an overview of the Alternative 2A -Canyon Alignment at a cost of $17.9 million,which is a multi-jurisdictional project,utilizes existing Los Angeles storm drains with easement issues,increased environmental impacts,and a longer project timeline.He outlined the key criteria evaluated in selecting the most suitable alternatives to be considered and described the early action projects that are currently being designed and the next steps in preparation for the project. Discussion ensued between Council,staff,and City Geologist Lancaster. Draft City Council Minutes March 1,2011 Page 5 of 8 2-5 RECESS AND RECONVENE: Mayor Long called a brief recess from 8:29 P.M.to 8:41 P.M. Discussion ensued between Council,staff,and Consultant Braatvedt. Sandy Esposito,President,Federal Advocates,introduced himself and Michael Esposito,Managing Partner,and provided a background on his years in Washington, D.C.and the recent work his firm has undertaken with staff regarding the San Ramon Canyon Project.He outlined the next steps in the process and strategies the firm is concentrating on regarding possible legislation and funding for the San Ramon Canyon Project. Discussion ensued between Council and Mr.Esposito. Mark Wells,Rancho Palos Verdes,stated that the topic of the San Ramon Canyon Project has been discussed since 2002,noted that he has studied and prefers Alternative 1A as being the ultimate fix,and supported the implementation of the Early Action Project (EAP)with the addition of the relocation of the sewer line as soon as possible.He added that he did not want to see the EAP delay the implementation of the design and construction of the San Ramon Canyon Project. Robert Maxwell,Rancho Palos Verdes,stated that with all of the experts present,he would like the City to consider some attention be directed to the drainage problems at Altamira Canyon. Ken Goldman,Rancho Palos Verdes,stated that the San Ramon study project addresses the initial concern of overflow and debris affecting PVDS and threatening the stability of the PVDE switchbacks,but expressed concern for the threat of landslides which would affect the safety of the homes at the southern end of Tarapaca Road.He stated that although the tunneling is necessary,steps must be taken for the stabilization of Tarapaca Canyon which is the source of landslides and debris flowing down to PVDS,inclUding providing concrete spillways within Tarapaca Canyon to stabilize the canyon walls and minimize the effects of further landslides and debris flows. Sharon Yarber,Rancho Palos Verdes,inquired if there have been discussions yet with the property owners regarding attaining easements,and noted she did not understand the contingency components of the project costs. Lowell Wedemeyer,Rancho Palos Verdes,stated that he had technical questions about risk analysis and inquired if the canyon wall is at heightened seismic risk for collapse of a catastrophic nature with essentially no warning.He also inquired if the City of Los Angeles has a monitoring,warning,and evacuation plan along 25th Street in case of an emergency. Draft City Council Minutes March 1,2011 Page 6 of 8 2-6 Discussion continued between Council,staff,Geotechnical Consultant Bates,City Geologist Lancaster,and Gordon Teuber,Councilwoman Hahn's representative,City of Los Angeles. Councilman Wolowicz moved,seconded by Mayor Pro Tern Misetich,to:1)Identify Alternative 1A as the Preferred Alternative;2)Authorize Staff to solicit professional services for the preferred alternative design; 3)Authorize Staff to proceed with the sewer relocation design;4)Direct Staff to provide regular land movement monitoring reports;and,5)Direct Staff to continue pursuit of funding opportunities. The motion passed on the following roll call vote: AYES: NOES: ABSENT: Campbell,Misetich,Stern,Wolowicz,and Mayor Long None None RECESS AND RECONVENE: Mayor Long called a brief recess from 10:05 P.M.to 10:10 P.M. California Department of Water Resources Stormwater Flood Management Grant Councilman Wolowicz moved,seconded by Mayor Long,to waive the staff report and move to questions from the Council. Discussion ensued between Council and staff. Councilman Wolowicz moved,seconded by Councilman Stern,to:1)Authorize staff to pursue State Stormwater Flood Management Grant Funding for San Ramon Canyon Stabilization Project;and,2)ADOPT RESOLUTION NO.2011-10,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,AUTHORIZING STAFF TO PURSUE CALIFORNIA DEPARTMENT OF WATER RESOURCES STORMVVATER FLOOD MANAGEMENT GRANT FUNDING FOR THE SAN RAMON CANYON STABILIZATION PROJECT. The motion passed on the following roll call vote: AYES: NOES: ABSENT: Campbell,Misetich,Stern,Wolowicz,and Mayor Long None None Appointment of a Council Member to Serve as Alternate on the Policy Steering Committee of the Municipal Area Express at its Meeting on March 7,2011 This item was removed from the agenda. Draft City Council Minutes March 1,2011 Page 7 of 8 2-7 Request for Instruction to Staff to Develop a Policy for Council Members and City Staff to Follow in Responding to Inappropriate or Threatening Behavior This item was removed from the agenda. CITY COUNCIL ORAL REPORTS: Each Council Member reported on his attendance at various organization and association meetings since the last City Council Oral Reports were provided on February 15,2011. CLOSED SESSION REPORT: City Attorney Lynch reported on the following Closed Session items:1)With respect to the Monks and Enstedt litigation,a report was provided and the Council unanimously approved a revised covenant,and staff was directed to continue the processing of permits for the owners of the 16 lots;and,2)With respect to the Conference with Real Property Negotiators regarding the Ladera Linda Community Center,the Council unanimously provided direction to the negotiating parties for the City regarding the termination of the lease agreement,with all Council Members present for both Closed Session items. ADJOURNMENT: At 10:22 P.M.,Mayor Long adjourned the meeting. Mayor Attest: City Clerk W:\City Council Minutes\2011\2011 0301 DRAFT CC MINS.doc Draft City Council Minutes March 1,2011 Page 8 of 8 2-8