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RPVCCA_DM_2010_02_16_02_Draft_Mins_20100119_Reg_MtgDRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JANUARY 19,2010 The meeting was called to order at 7:14 P.M.by Mayor Wolowicz at Fred Hesse Community Park,29301 Hawthorne Boulevard. City Council roll call was answered as follows: PRESENT:Campbell,Long,Misetich,Stern,and Mayor Wolowicz ABSENT:None Also present were Carolyn Lehr,City Manager;Carolynn Petru,Deputy City Manager; Carol Lynch,City Attorney;Dennis McLean,Director of Finance/Information Technology; Joel Rojas,Director of Community Development;Kathryn Downs,Deputy Director of Finance/Information Technology;Ara Mihranian,Principal Planner;Eduardo Schonborn, Senior Planner;Ron Dragoo,Senior Engineer;and,Carla Morreale,City Clerk. FLAG SALUTE: The Flag Salute was led by Deputy Director of Finance/Information Technology Downs. MAYOR'S ANNOUNCEMENTS: Mayor Wolowicz introduced the following staff members to provide reports:1)Senior Engineer Dragoo provided a report and PowerPoint presentation regarding the recent winter storms;and,2)Director of Community Development Rojas provided an update report and PowerPoint presentation regarding the City's Purchase of Upper Filiorum Property with the Palos Verdes Peninsula Land Conservancy and the State Conservancy. Mayor Wolowicz provided a recap of the City Council Team Building Workshop held on January 9,2010 and the Sacramento Legislative Days meetings held on January 11 and 12,2010. Senior Engineer Dragoo provided a report and PowerPoint presentation regarding the restaurants in the City of Rancho Palos Verdes that were recently certified as Clean Bay Restaurants. RECYCLE DRAWING: Mayor Wolowicz announced Recyclers of the Month from the December 15,2009 City Council meeting:Young Kwon and Jeroen Sparreboom.He indicated that all winners Draft City Council Minutes January 19,2010 Page 1 of 7 2-1 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 Councilman Misetich,to approve the agenda,as presented. Without objection,Mayor Wolowicz so ordered. PUBLIC COMMENTS: Karl Liehr,Rancho Palos Verdes,stated that he would like to know the administrative procedure followed by the City regarding a View Restoration case. CITY MANAGER REPORT: City Manager Lehr commended the staff members in the Public Works and Building and Safety Departments for their prompt responses during the recent heavy rain storms. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding Item No.2 (Approval of the Minutes). Councilman Stem moved,seconded by Mayor Pro Tem Long,to approve the Consent Calendar,as presented. The motion passed on the following roll call vote: AYES: NOES: ABSENT: Campbell,Long,Misetich,Stern,and Mayor Wolowicz 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 1,2009,December 15,2009 and January 5, 2010 Regular Meetings. Draft City Council Minutes January 19,2010 Page 2 of 7 2-2 Claim Against the City by Joseph Marino Rejected the claim and directed staff to notify the claimant. Claim Against the City by Tammi Ciotti Rejected the claim and directed staff to notify the claimant. Claim Against the County Regarding the Cost of Conducting the Election on Ballot Measure TOT Received and filed the report. Register of Demands ADOPTED RESOLUTION NO.2010-03,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: Adoption of a Final General Plan Housing Element Amendment City Clerk Morreale reported that notice of the public hearing was duly published and written protests included in late correspondence distributed prior to the meeting. Mayor Wolowicz declared the public hearing open. Senior Planner Schon born provided a brief staff report regarding the update to the State mandated General Plan Housing Element.He indicated working with the State to ensure that with additional amendments to the document the Housing Element can be certified once the City Council approves the amended Housing Element.The amended Housing Element was approved by the Planning Commission in December 2009,and once the document receives Council approval,it will be forwarded for certification to the State of California. City Clerk Morreale reported that there were no requests to speak regarding this item. Mayor Wolowicz declared the public hearing closed. Mayor Pro Tem Long moved,seconded by Councilman Stern,to:1)ADOPT RESOLUTION NO.2010-04,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,THEREBY APPROVING THE FINAL HOUSING Draft City Council Minutes January 19,2010 Page 3 of 7 2-3 ELEMENT;and,2)Direct Staff to forward the City Council approved Final Housing Element to the California Department of Housing and Community Development for certification. The motion passed on the following roll call vote: AYES: NOES: ABSENT: Campbell,Long,Misetich,Stern,and Mayor Wolowicz None None Terranea Resort and Spa:ZON2009·00493 (Revision 'N'to Conditional Use Permit No.215,et.al.) City Clerk Morreale reported that notice of the public hearing was duly published and no written protests received. Mayor Wolowicz declared the public hearing open. Principal Planner Mihranian provided a brief staff report regarding Revision "N"to Conditional Use Permit No.215 for the Terranea Resort and Spa.He reported that the applicant had requested the consideration of the extension of the compliance date from January 4,2010 to April 9,2010 for nine of the Conditions of Approval to allow for additional time to complete the requirements.He noted that the applicant had requested the extension of Condition No.13A regarding the reimbursement of money to the City's trust deposit for the expenses related to the TOT Rebate Program,to allow for the restructuring and recapitalization of the Terranea Resort and Spa.He added that Condition No.124 regardin~payment to the City of Los Angeles for road improvements at Western Avenue and 25t Street would be extended to June 12,2010. In response to a question from Mayor Pro Tem Long,Principal Planner Mihranian agreed that Condition Nos.87 and 88 would also need to be extended to April 9,2010. Todd Majcher,Lowe Enterprises,reiterated that Lowe Enterprises was very close to finalizing the recapitalization effort of the Terranea Resort and Spa and requested that the extension date of Condition No.13A be made to April 9,2010 for consistency with the extensions of the other conditions. In response to a question from Councilman Campbell,Mr.Majcher stated that there are several discounts available for the residents of the City,including golf and spa discounts. Mayor Wolowicz declared the public hearing closed. Councilman Misetich moved,seconded by Councilman Campbell,to ADOPT RESOLUTION NO.2010-05,AS AMENDED,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,APPROVING REVISION 'N'TO CONDITIONAL USE PERMIT NO.215,GRADING PERMIT NO.2229,COASTAL DEVELOPMENT PERMIT NO.166,VARIANCE NO.489,AND TENTATIVE PARCEL Draft City Council Minutes January 19,2010 Page 4 of 7 2-4 MAP NO.26073 BY AMENDING THE CONDITIONS OF APPROVAL TO EXTEND THE COMPLIANCE DATE FOR COMPLETING NINE OUTSTANDING CONDITIONS. The motion passed on the following roll call vote: AYES: NOES: ABSENT: Campbell,Misetich,Stern,and Mayor Wolowicz Long None PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA: REGULAR NEW BUSINESS: FY08·09 Comprehensive Annual Financial Report City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding this item. Deputy Director of Finance/lnformation Technology Downs provided a brief staff report and PowerPoint presentation which included an overview of the City's major financial documents including the Comprehensive Annual Financial Report,which includes audited financial statements and historical information;the City's Budget for Fiscal Year 09-10,which is the current spending plan;and,the Five-Year Financial Model,which reflects the future of the City's finances and future trends based on the current spending plan.Deputy Director Downs reported that the City received a Clean Opinion from the Auditor for the FY08-09 Audited Financial Statements;there were no Management Letter comments;and,the City's General fund reserves ended up at $10.4 million,which is $1.4 million more than the reserve policy.She noted that the Ad-Hoc Audit Committee met twice during the process. Bob Callanan,Audit Partner,Diehl,Evans &Company,answered questions from the Council Members regarding the City's participation in the California Joint Powers Authority pooling of funds;the City's investment policy regarding custodial credit risks; and,the evaluation of depreciation which is being carried out regarding the City's infrastructure assets.He provided a brief explanation of the audit process. Council and staff discussion ensued regarding reserves,expenses,employee pension costs,and the statistics regarding full time and part time equivalent employee positions. Ken Dyda,Rancho Palos Verdes,asked for a clarification regarding the over $900,000 of expenditures that was saved as illustrated in the presentation. Deputy Director Downs stated that the savings are all permanent savings as a result of staff vacancies,and some savings on maintenance and small projects. Draft City Council Minutes January 19,2010 Page 5 of 7 2-5 Councilman Stern moved,seconded by Councilman Misetich,to receive and file the FY08-09 Comprehensive Annual Financial Report (CAFR)of the City of Rancho Palos Verdes,and the Independent Auditors'Report on Internal Control. The motion passed on the following roll call vote: AYES: NOES: ABSENT: Campbell,Long,Misetich,Stern,and Mayor Wolowicz None None Appointments to the Oversight Committee for Water Quality Flood Protection (WQFP)Program Mayor Pro Tem Long moved to waive the staff report and distribute the ballots. City Clerk Morreale distributed ballots for the appointments to the Oversight Committee for WQFP Program. After one round of balloting,Frank Lyon and Lowell Wedemeyer were unanimously reappointed to the Oversight Committee for WQFP Program,each with a four year term of office until January 19,2014. Mayor Wolowicz and Council Members congratulated the two appointees and thanked them for their continuing service,as well as the other two applicants who applied for the positions,and all who have volunteered to serve the City. Repeal of Chapter 2.30 of Municipal Code City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding this item. City Attorney Lynch provided a brief staff report regarding this item,noting that the late correspondence contained additional language regarding campaign expenditure limits as well as the campaign contribution limits. Councilman Misetich moved,seconded by Councilman Campbell,to INTRODUCE ORDINANCE NO.505,AS AMENDED,AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES,REPEALING CHAPTER 2.30 OF THE RANCHO PALOS VERDES MUNICIPAL CODE RELATING TO VOLUNTARY CAMPAIGN EXPENDITURE LIMITATIONS. The motion passed on the following roll call vote: AYES: NOES: ABSENT: Campbell,Long,Misetich,Stern,and Mayor Wolowicz None None Draft City Council Minutes January 19,2010 Page 6 of 7 2-6 Mayor's Appointment of City Council Member to Sanitation District No.5 and the South Bay Cities Sanitation District Councilman Misetich explained that he would not be able to serve in the capacity of Alternate to the Sanitation Districts,as previously assigned,due to a recent change involving the Sanitation Districts and his employer which has created a conflict. Mayor Wolowicz appointed Mayor Pro Tem Long to serve as the Alternate and Councilman Campbell to serve as the Temporary Alternate to the Los Angeles County Sanitation District No.5 and the South Bay Cities Sanitation District. 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 January 5,2010. COUNCIL DISCUSSION &SUGGESTION OF FUTURE AGENDA ITEMS: None. CLOSED SESSION REPORT: City Attorney Lynch reported that with respect to the two Closed Session items,a brief report was provided on each item and no action taken,with all five members of the Council present. ADJOURNMENT: At 9:16 P.M.,Mayor Wolowicz adjourned the meeting to Saturday,January 23,2010,at 9:30 A.M.at Pt.Vicente Interpretive Center for a Tactical Planning Workshop. Mayor Attest: City Clerk W:\City Council Minutes1201 01201 00119 DRAFT CC MINS.doc Draft City Council Minutes January 19,2010 Page 7 of 7 2-7