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RPVCCA_CC_DM_2011_10_18_B_CC_Draft_Mins_20111004DRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING OCTOBER 4,2011 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 pre~ent were:Carolynn Petru,Deputy City Manager;Carol Lynch,City Attorney; Dennis McLean,Director of Finance/Information Technology (IT);Joel Rojas, Community Development Director;Tom Odom,Director of Public Works;Ray Holland, Deputy Director of Public Works;Eric Mausser,Human Resources Manager;Ara Mihranian,Deputy Community Development Director;Andy Winje,Associate Engineer; Abigail Harwell,Assistant Planner;Matt Waters,Senior Administrative Analyst;Katie Howe,Administrative Analyst II;and,Carla Morreale,City Clerk. FLAG SALUTE: The Flag Salute was led by Councilman Campbell. MAYOR'S ANNOUNCEMENTS: Mayor Long invited Human Resources Manager Mausser to provide a report on the Inaugural Class of the City's Leadership Academy Program. Human Resources Manager Mausser provided a brief overview of the City's Leadership Academy Program and commended each of the participants on his/her graduation from the program.Mayor Long recognized the following graduates of the Leadership Academy program and presented each with a Certificate of Completion:Jerry Duhovic, Jim Knight,Dave Emenhiser,Anthony Self,Diana Feinberg,Carol Donahue,and Dave Tomblin.A Certificate of Completion will be sent to participant Bill Gerstner,who was not able to be present. Mayor Long announced two City Council Candidate Debates scheduled for the following:October 5,2011 at 7:00 P.M.at Hesse Park sponsored by Council of Homeowners Association (CHOA)and October 12,2011 at 7:00 P.M.at Hesse Park sponsored by the Palos Verdes Peninsula/San Pedro League of Women Voters. Draft City Council Minutes October 4,2011 Page 1 of 12 B-1 Councilman Campbell announced an additional Candidate Debate to be held at Marymount College on Thursday,October 13,2011. Councilman Wolowicz provided a report on his recent attendance at the League of California Cities Annual Conference and action taken by the participating cities at the General Assembly. Mayor Long read a Letter to the Editor which was in the October 4,2011 Daily Breeze regarding the City's Pension Reform package approved by the City Council on September 20,2011;and,Councilman Stern provided information regarding staff salary increases as recently reported in the Weekly Administrative Report. Council discussion ensued. RECYCLE DRAWING: Mayor Long announced Recyclers of the Month from the September 20,2011 City Council meeting:Josephine Woods,David G.Moyers,and George Hirano.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 Stern moved,seconded by Mayor Pro Tem Misetich,to approve the agenda as presented. Without objection,Mayor Long so ordered. PUBLIC COMMENTS:(For Audience Comments for Items not on the Agenda) Dave Emenhiser,Rancho Palos Verdes,congratulated Council and staff for the receipt of the State grant for the San Ramon Canyon Project.He stated that he was hopeful that the City of Los Angeles and the County of Los Angeles would be forthcoming with additional funding for this important project. CITY MANAGER REPORT: Deputy City Manager Petru invited Deputy Director of Public Works Holland to provide presentation regarding the California Department of Water Resources Grant for the San Ramon Canyon Project. Deputy Director of Public Works Holland provided a status update report and PowerPoint presentation regarding the pending California Department of Water Resources Grant for the San Ramon Canyon Project as part of the Storm Water Flood Management funding program. Draft City Council Minutes October 4,2011 Page 2 of 12 B-2 Council and staff discussion ensued. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding Item C (Border Issues Status Report)and Item H (2011 Revised Proposal for Class C Airspace Designation Surrounding Long Beach Airport),and there were no requests to speak regarding any Consent Calendar items. Mayor Pro Tern Misetich requested that Item J (Adoption of Revised Employee Salary Ranges for Fiscal Year 2011-2012)be removed from the Consent Calendar. Councilman Wolowicz moved, seconded by Councilman Stern,to approve the Consent Calendar,as amended. The motion passed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Campbell,Misetich,Stern,Wolowicz,and Mayor Long None 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 Minutes Approved the Minutes of the September 20,2011 Regular Meeting. Border Issues Status Report Received and filed the current report on the status of Border Issues. Register of Demands ADOPTED RESOLUTION NO.2011-81,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. Draft City Council Minutes October 4,2011 Page 3 of 12 B-3 August 2011 Monthly Report of Cash Balances Received and filed the August 2011 Monthly Report of Cash Balances for the City of Rancho Palos Verdes. Appointment of Board Member to the Klondike Canyon Geologic Hazard Abatement District Board Appointed Steve Cummins to a full four-year term of office on the Klondike Canyon Geologic Hazard Abatement District Board until November 2015. Notice of Completion for the Crenshaw Blvd.at Crestridge Road Traffic Signal Upgrade Project:Federal Project No.HSIPL·5413 (008) 1)Accepted the work as complete;2)Authorized the City Clerk to file a Notice of Completion with the Los Angeles (LA)County Registrar-Recorder Office and if no claims are filed within 35 days after recordation,aAd upon the contractor posting an acceptable warranty bond,notice the surety company to exonerate the Payment and Performance bonds;and,3)Authorized the Director of Public Works to release the 10% retention payment in the amount of $13,582.80 to Lincoln Pacific Builders,Inc.35 days after recordation of the Notice of Completion by the LA County Recorder contingent upon no claims being filed on the project,and the contractor posting an acceptable warranty bond.. 2011 (Revised)Proposal for Class C Airspace Designation Surrounding Long Beach Airport 1)Received and filed the Technical Analysis report prepared by Williams Aviation Consultants regarding the Federal Aviation Administration's (FAA)revised proposal to establish Class C Airspace surrounding Long Beach Airport;and, 2)Authorized Staff to send the draft comment letter and the Technical Analysis report to the FAA regarding the revised proposal. Palos Verdes Drive South Landslide Road Maintenance Contract Award 1)Approved the plans and specifications for the Palos Verdes Drive South Landslide Road Maintenance Project;and,2)Awarded a construction contract to Hardy and Harper and authorized the Mayor and City Clerk to execute the construction contract to Hardy and Harper,Inc.in the amount of $491 ,375.Authorized a construction contingency of $8,625 for a total construction authorization of up to $500,000. Adoption of Revised Employee Salary Ranges for Fiscal Year 2011·2012 This item was removed from the Consent Calendar for separate consideration. Draft City Council Minutes October 4,2011 Page 4 of 12 B-4 Award Construction,Materials Testing,and Public Works Oversight Contracts for the Arterial Roads Rehabilitation Project -FY 2010-2011 Palos Verdes Drive West and South 1)Approved the construction plans and contract documents for the FY 2010-2011 Arterial Roads Rehabilitation Project -Palos Verdes Drive West and South;2)Awarded a construction contract to Sequel Contractors,Inc.in the amount of $1 ,858,250 for the project,which includes $1,515,675 for the base bid and $342,575 for additional bid alternate;3)Awarded a professional services contract to Twining,Inc.in the amount of $28,390 for materials testing and quality assurance services;4)Awarded a professional services contract to Charles Abbott and Associates in the amount of $21 ,000 for project inspection oversight;5)Authorized staff to utilize an additional 10%($190,764)for contingency;and,6)Authorized the Mayor and City Clerk to execute the agreements. Non-Urgency Ordinance Readopting Certain Revisions to the Landslide MoratoriLim Ordinance that previously were Adopted by Ordinance No.459U INTRODUCED ORDINANCE NO.526,AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES,REPEALING URGENCY ORDINANCE NO.459U,ORDINANCE NO. 427U,AND URGENCY ORDINANCE NO.439U,AND AMENDING SECTION 15.20.040 AND SECTION 15.20.050 OF THE RANCHO PALOS VERDES MUNICIPAL CODE.., ####### ITEM REMOVED FROM CONSENT CALENDAR: Mayor Long stated that unless there was objection from the Council,he suggested that Item J (Adoption of Revised Employee Salary Ranges for Fiscal Year 2011-2012), which was removed from the Consent Calendar by Mayor Pro Tern Misetich,be considered immediately after the Consent Calendar due to the number of employees in the audience. Without objection,Mayor Long so ordered. Adoption of Revised Employee Salary Ranges for Fiscal Year 2011-2012 Mayor Pro Tern Misetich inquired if an analysis had been performed to use a bonus instead of a salary increase for the employees as an offset to the increased Employer Paid Member Contribution (EPMC)that the employees would be paying. Discussion ensued between Council Members and staff. City Attorney Lynch stated that the City had retained legal counsel,Marcus Wu,to advise on the pension revision matter.She reported that Mr.Wu had opined that if the Draft City Council Minutes October 4,2011 Page 5 of 12 B-5 City were to consider providing employees with a bonus in lieu of salary,the City should seek written verification from CalPERS that this would be feasible.She noted that this was the only analysis of the matter of which she was aware. Councilman Stern moved,seconded by Mayor Long,to adopt the staff recommendation to:1)ADOPT RESOLUTION NO.2011-82,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,REVISING SALARY AND HOURLY RANGES FOR ALL COMPETITIVE,MANAGEMENT AND PART-TIME EMPLOYEE JOB CLASSIFICATIONS AND RESCINDING RESOLUTION NO.2011-45;and,2) Approve the First Amendment to Restated Employment Agreement between the City and City Manager to concurrently incorporate the terms and conditions regarding the pension revision decision made by the City Council on September 20,2011. The motion passed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Stern,Wolowicz,and Mayor Long Campbell and Misetich None None RECESS AND RECONVENE: Mayor Long called a brief recess from 8:18 P.M.to 8:31 P.M. PUBLIC HEARINGS: Code Amendment to Revise the Current Program that Allows Non-Commercial Organizations to Place Temporary Non-Commercial Banners in the City's Rights- of-Way City Clerk Morreale reported that this public hearing was continued from the September 20,2011 Council Meeting and late correspondence was distributed prior to the meeting. Associate Planner Harwell provided a brief staff report regarding this item. Discussion ensued between Council Members and staff. John Freeman,Pacific View Homeowners Association (HOA),Rancho Palos Verdes, stated that he was in favor of staff's recommendations and suggested that the progress and comments regarding the new program be reviewed six to nine months after adopted. Councilman Stern moved,seconded by Mayor Pro Tem Misetich,to adopt the staff recommendation and ordinance as amended in the late correspondence. Draft City Council Minutes October 4,2011 Page 6 of 12 B-6 Councilman Wolowicz suggested a friendly amendment to revisit the issue and evaluate the program in 9 to 12 months and instruct the City Attorney to come back with a definition of "non-commercial." Discussion ensued between Council Members and staff. Councilman Stern moved,seconded by Mayor Pro Tern Misetich,to:1)INTRODUCE ORDINANCE NO.527,AS AMENDED,AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES,AMENDING SECTION 17.76.050D OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO REVISE AND CLARIFY THE REQUIREMENTS FOR THE PLACEMENT OF TEMPORARY NONCOMMERCIAL BANNERS WITHIN DESIGNATED AREAS WITHIN THE PUBLIC STREET RIGHT-OF-WAYS;and, 2)Determine that the banner program should be reviewed after 9 to 12 months and continue the public hearing to October 18,2011,with staff to return with a definition of "non-commercial";and,3)Approve the following three new locations for the placement of two temporary banners within the public right-of-way:a)The intersection of Hawthorne Boulevard and Indian Peak Road;b)The intersection of Crenshaw Boulevard and Indian Peak Road;and,c)The intersection Palos Verdes Drive East and Miraleste Drive. The motion passed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Campbell,Misetich,Stern,Wolowicz,and Mayor Long None None None REGULAR BUSINESS: City Sponsored Event Banner Policy City Clerk Morreale reported that there was one request to speak regarding this item. There was no request for a staff report. Council and staff discussion ensued. John Freeman,Pacific View HOA,Rancho Palos Verdes,stated that he had three suggestions for this policy which included the following:Hesse Park should have only two temporary banner sign sites,not four banner signs;rotation of the banners at the different City parks;and,the review of the progress of the program after a period of time.He noted he was not in favor of both non-commercial and City sponsored events being advertised at both park sites and in the public rights-of-way. Discussion ensued between Council and staff. Draft City Council Minutes October 4,2011 Page 7 of 12 B-7 Councilman Wolowicz moved,seconded by Mayor Long,to approve the staff recommendation with the following clarifications:1)one banner will be at each of the two Hesse Park locations;and,2)banners are to be removed after 24 hours. Councilman Stern suggested an amendment to specify that the City,and not a co- sponsor of an event could only apply to put up a banner at a non-commercial site. City Attorney Lynch read the following language for Council's consideration to add to the ordinance:In the sole discretion of the City,not the co-sponsor,the City and the co- sponsor also may apply to the Community Development Director,pursuant to the provisions of Section 17.76.050D4 of the Rancho Palos Verdes Municipal Code,to erect a banner at one of the Council-approved locations within the City street rights-of- way.No co-sponsor of a City co-sponsored event shall have the unilateral right without the City Manager's concurrence to file the application with the Community Development Director.. Councilman Wolowicz added an amendment that the program should be reviewed after 9 to 12 months. The motion,as amended,was the following:To approve the staff recommendation with the following clarifications and amendments:1)one banner will be at each of the two Hesse Park locations;2)banners shall be removed within twenty-four hours or within one working day of the event's conclusion;3)there will be a review of the program after 9 to 12 months;and,4)the City and a co-sponsor also may jointly apply to the Community Development Director to place a banner advertizing a co-sponsored event at one ofthe Council-approved locations within the City street rights-of-way. The motion passed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Campbell,Misetich,Stern,Wolowicz,and Mayor Long None None None Selection of Park Names There was no request for a staff report. Councilman Wolowicz moved,seconded by Councilman Stern,to name the beach located below Founders Park the "Rancho Palos Verdes Beach." Council discussion ensued. The motion passed on the following roll call vote: Draft City Council Minutes October 4,2011 Page 8 of 12 B-8 AYES: NOES: ABSENT: ABSTAIN: Campbell,Misetich,Stern,Wolowicz,and Mayor Long None None None Councilman Stern moved,seconded by Mayor Pro Tem Misetich,to change the name of the former Point Vicente Fishing Access to "Pelican Cove." Discussion ensued between Council and staff members. The motion passed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Campbell,Misetich,Stern,Wolowicz,and Mayor Long None None None Proposed County Ordinance·Water Quality Parcel Fee Director of Public Works Odom introduced the item and provided a brief history of the issue previously considered. Associate Engineer Winje provided a brief staff report regarding this item,noting that this was a County proposed ordinance that would be placed before the voters of Los Angeles County if the Board of Supervisors approves the matter. Discussion ensued between Council Members and staff. Mayor Pro Tem Misetich moved,seconded by Councilman Stern,to authorize staff to submit technical comments to the County of Los Angeles in response to a proposed water quality ordinance that would implement a county-wide parcel based fee,subject to voter approval. The motion passed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Campbell,Misetich,Stern,Wolowicz,and Mayor Long None None None RECESS AND RECONVENE: Mayor Long called a brief recess from 9:32 P.M.to 9:45 P.M. Draft City Council Minutes October 4,2011 Page 9 of 12 B-9 Marymount College -Parking Management Strategies/30800 Palos Verdes Drive East City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were six requests to speak regarding this item. Deputy Community Development Director Mihranian provided a staff report regarding this item and the discussions that have been taken between staff and Marymount College to address the parking issues. Council and staff discussion ensued. Maria Elena Dunlap,Rancho Palos Verdes,stated that she submitted a petition a number of months ago from residents whose properties are adjacent to Palos Verdes Drive East (PVDE)which indicated that the residents wanted no parking restrictions along PVDE since it is used for neighborhood and overflow parking.She opined that if there is a safety issue,perhaps traffic should be slowed down and she noted the residents were opposed to parking restrictions even during the school day. Lois Karp,CCC/ME,Rancho Palos Verdes,stated that the number of cars on Palos Verdes Drive East is untenable,fluctuating between 70-90 cars a day,due to the fact that there is not enough parking on the college campus for the number of students.She stated that Marymount College needs to build an additional parking lot to accommodate the number of students on the campus. Jack Karp,Rancho Palos Verdes,stated that Marymount College entered into a contract to build a parking lot and they have not constructed it.He stated that Marymount College should not be able to secure permits unless they construct a parking lot to address the problem. George Zugsmith,Rancho Palos Verdes,stated that he agreed that this matter should come back to the City Council as an action item.He stated that the Conditional Use Permit and conditions of approval,which were documents that followed from the Environmental Impact Report stated that there would be no street parking.He stated that Marymount College should be required to honor their agreement. Tom Redfield,CCC/ME,Rancho Palos Verdes,stated that the Council should take action regarding the parking problems with Marymount College and the issues should be handled in the same manner as they are addressed on the other Marymount College campus in the City of Los Angeles. Jim Gordon,Rancho Palos Verdes,stated that he took pictures of signs regarding parking restrictions on the streets around the Palos Verdes High School campus.He noted that he has taken an audit of the student cars that are parked along the street and Draft City Council Minutes October 4,2011 Page 10 of 12 B-10 half do not have identification stickers and the other half are out of date.He stated that the students should not be parking on the streets around Marymount College. Discussion ensued between Council Members and staff. In response to Council discussion,City Attorney Lynch noted that Marymount College has until September 30,2012 to build an additional parking lot under the current Conditional Use Permit conditions of approval. Discussion continued between Council and staff. Councilman Wolowicz moved,seconded by Mayor Long,to:1)Receive and file a status update on the Parking Management Strategies being implemented by Marymount College for the Fall 2011 term;and,2)Direct staff to return with a report to Council,as expeditiously as possible,regarding the effectiveness of the modified parking management strategies and to explore alternative strategies including parking restrictions on the public streets to address the current student street parking issue. Mayor Pro Tern Misetich moved an amendment to direct staff to return to Council with this item at the November 1,2011 Council Meeting. The maker and seconder of the motion accepted the amendment. The motion,as amended,passed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Campbell,Misetich,Stern,Wolowicz,and Mayor Long None None None 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 September 20,2011.Councilman Campbell stated he would submit his report in writing;and Councilman Stern stated that he had nothing to report. ADJOURNMENT: At 10:37 P.M.,Mayor Long adjourned the meeting. Mayor Attest: Draft City Council Minutes October 4,2011 Page 11 of 12 B-11 City Clerk W:\City Council Minutes\2011\20111004 DRAFT CC MINS.doc Draft City Council Minutes October 4,2011 Page 12 of 12 B-12