RPVCCA_DM_2010_08_03_02_Draft_Mins_20100706DRAFT
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
JULY 6,2010
The meeting was called to order at 6:00 P.M.by Mayor Wolowicz at Fred Hesse
Community Park,29301 Hawthorne Boulevard,and was immediately recessed into
Closed Session.The meeting reconvened at 7:20 P.M.
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/lnformation
Technology;Tom Odom,Deputy Director of Public Works/lnterim Recreation and Parks
Director;Greg Pfost,Deputy Community Development Director;Nicole Jules,Senior
Engineer;Andy Winje,Associate Engineer;and Carla Morreale,City Clerk.
FLAG SALUTE:
The Flag Salute was led by Frank Lyon,Chair of the Water Quality Flood Protection
Program Oversight Committee.
MAYOR'S ANNOUNCEMENTS:
None.
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:
Mike O'Sullivan,Rancho Palos Verdes,stated that he has submitted several
constructive suggestions regarding the View Restoration Guidelines which will be
considered on the July 20,2010 City Council agenda.He stated that he and others
have opined that the current View Restoration Guidelines are very unbalanced in favor
of the view applicants and to the detriment of the foliage owners.
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CITY MANAGER REPORT:
City Manager Lehr announced the upcoming Community Meeting to be held on
Saturday,July 17,2010,at Hesse Park,to obtain input regarding proposed conceptual
improvements to Lower Hesse and Grandview Parks;and announced that the City's
new trash hauler,EDCO,began service on July 1,2010,noting that EDCO has
responded to the request of residents to exchange larger trash containers with smaller
sized carts,which are on order.She reported that the old trash containers would be
collected during the next two Saturdays if residents wish to take advantage of that
service.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that late correspondence was distributed regarding Item
NO.3 (Five-Year Capital Improvement Plan);Item No.5 (Professional Services
Agreement -Gerard J.Quinn &Associates);and Item No.6 (Civic Center Facility
Assessment);and there was one request to speak regarding Item No.3.
Mayor Pro Tem Long moved,seconded by Councilman Misetich,to approve the
Consent Calendar,with Item No.3 (Five-Year Capital Improvement Plan)removed for
separate consideration immediately after the Consent Calendar.
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 June 1,2010 and June 15,2010 Regular Meetings.
Five-Year Capital Improvement Plan
This item was removed from the Consent Calendar for separate consideration.
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Border Issues Status Report
Received and filed the current report on the status of Border Issues.
Professional Services Agreement -Gerard J.Quinn &Associates
1)Approved the Amendment to Professional Services Agreement between the City and
Gerard J.Quinn &Associates;and,2)ADOPTED RESOLUTION NO.2010-57,A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
AMENDING RESOLUTION NO.98-99 TO ADD THE DIRECTOR OF FINANCE AND
INFORMATION TECHNOLOGY AS AN ADDITIONAL AUTHORIZED AGENT TO
EXECUTE AN APPLICATION FOR THE PURPOSE OF OBTAINING CERTAIN
FEDERAL FINANCIAL ASSISTANCE UNDER P.L.93-288 AS AMENDED AND/OR
STATE FINANCIAL ASSISTANCE UNDER THE NATURAL DISASTER RELIEF ACT.
Civic Center Facility Assessment
This item was removed from the Consent Calendar for separate consideration.
Upgrade of Network Phone System
Approved and authorized the City Manager to execute the Professional Services
Agreement with NexuslS regarding the upgrade of the City's Cisco VOIP network phone
system.
May 2010 Monthly Report of Cash Balances
Received and filed the May 2010 Monthly Report of Cash Balances for the City of
Rancho Palos Verdes.
Register of Demands
ADOPTED RESOLUTION NO.2010-58,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.
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ITEM REMOVED FROM CONSENT CALENDAR:
Five-Year Capital Improvement Plan
City Clerk Morreale reported that late correspondence had been distributed prior to the
meeting and that there was one request to speak on this item.
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Sunshine,Rancho Palos Verdes,stated that she had concerns regarding the necessary
soils engineering work for Unfunded Project No.31 (Sunnyside Ridge Trail Segment);
and inquired as to the funding for and construction of the Coastal Access Trail.She
noted that the California Coastal Trail and some Access Trails should be more correctly
referred to as the California Coastal Trail and Coastal Access Trails since some are
vertical and some are lateral trails.
Councilman Stern moved,seconded by Mayor Pro Tern Long,to adopt and file the 2010
Five-Year Capital Improvement Plan.
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Campbell,Long,Misetich,Stern,and Mayor Wolowicz
None
None
PUBLIC HEARINGS:
Water Quality and Flood Protection Program -Annual User Fee Rate -FY10-11
City Clerk Morreale reported that notice of the public hearing was duly published,no
written protests received,late correspondence was distributed prior to the meeting,and
there was one request to speak regarding the item.
Mayor Pro Tern Long moved,seconded by Councilman Stern,to waive the staff report
and hear the speaker.
Without objection,Mayor Wolowicz so ordered.
Mayor Wolowicz declared the public hearing open.
Frank Lyon,Chair,Oversight Committee for Water Quality Flood Protection Program,
provided a brief summary of the Oversight Committee's Annual Report.He reported
that the planned budget for FY09-1 0 was $2.9 million,and noted that there were three
reasons that the City spent less than the budgeted amount for projects including the
following:1)Plans to examine and develop fundamental alternatives for the San Ramon
Stabilization Project;2)Deferral of the Storm Drain Lining Project work to FY1 0-11;and,
3)the decision to spread out over several years the cost of the Storm Drain Master Plan
process.He reported that the projected cost of five projects for the upcoming FY10-11
is estimated at $3.3 million.He reported that the Oversight Committee was in support
of increasing the Storm Drain User Fee to the maximum allowed by the law.
Discussion ensued between the Council,staff,and Chair Lyon.
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Mayor Pro Tern Long moved,seconded by Councilman Stern,to adopt the staff
recommendation.
Mayor Wolowicz moved an amendment to the motion,seconded by Mayor Pro Tern
Long,to set aside 25%of the Transient Occupancy Tax (TOT)in a reserve for storm
drain repairs.
Council and staff discussion ensued.
Mayor Pro Tern Long moved a substitute motion,seconded by Mayor Wolowicz,to
adopt the staff recommendation including the 1.4%increase in the fee to establish the
Storm Drain User Fee at $90.72 per Equivalent Residential Unit (ERU),and instruct
staff to bring back to the City Council,a potential strategy to dedicate suitable portions
of the Transient Occupancy Tax (TOT)towards reducing unfunded Capital Improvement
Plan storm drain projects,as part of the FY11-12 budget.
Councilman Stern requested a split vote on the motion.
Mayor Wolowicz declared the public hearing closed.
Mayor Pro Tern Long restated the first part of the motion,seconded by Mayor Wolowicz,
to adopt the staff recommendation including the 1.4%increase in the fee to establish
the Storm Drain User Fee at $90.72 per ERU.
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Long,Stern,and Mayor Wolowicz
Campbell and Misetich
None
Mayor Pro Tern Long restated the second part of the motion,seconded by Mayor
Wolowicz,to instruct staff to bring back to Council,as a part of next year's budget,a
strategy to dedicate suitable portions of the Transient Occupancy Tax (TOT)to be
targeted towards the reduction of the unfunded CIP storm drain projects.
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Campbell,Long,Misetich,and Mayor Wolowicz
Stern
None
RECESS AND RECONVENE:
Mayor Wolowicz called a brief recess from 8:35 P.M.to 8:45 P.M.
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ITEM REMOVED FROM CONSENT CALENDAR:
Civic Center Facility Assessment
City Clerk Morreale reported that there was one request to speak that she had
overlooked prior to the approval of the Consent Calendar.She requested that the
Council reconsider Item No.6 (Civic Center Facility Assessment)to allow the speaker to
speak regarding the item.
Mayor Pro Tem Long moved,seconded by Councilman Stern,to reconsider Item No.6.
Without objection,Mayor Wolowicz so ordered.
Richard Hess,Rancho Palos Verdes,stated that he received a copy of the item
regarding the evaluation of the existing Civic Center buildings,noting he was a little
confused regarding the reuse of existing buildings versus the building of new buildings.
He stated that the project should be done in phases,with the structural evaluation of the
buildings considered from the safety seismic standpoint of whether or not they can be
used as part of the Civic Center expansion.
Deputy City Manager responded that the RFP was written so that all of the components
and options for the Civic Center Facility are presented for consideration.
Mayor Pro Tem Long moved,seconded by Councilman Stern,to adopt the staff
recommendation to authorize staff to distribute a Request for Proposals (RFP)seeking
professional services to develop probable costs to renovate City Hall facilities.
Without objection,Mayor Wolowicz so ordered.
PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:
REGULAR NEW BUSINESS:
Benefits of Becoming a Charter City
Councilman Stern reported that he viewed the DVD provided by staff of the June 29,
2010 City Council meeting where this item was discussed.
City Attorney Lynch stated that the staff report provided was the same as that provided
at the last meeting with the addition of a cover memorandum.She reported that late
correspondence was distributed prior to the meeting to answer the Council's previous
questions regarding revisions to the General Plan.She noted that in her research she
was not able to find evidence that cities have reverted from a Charter City to a General
Law City;and,that there was no evidence that Charter Cities have weathered the
economic difficulties in a more favorable manner than General Law Cities,although
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Charter Cities have greater control their expenditures in a time when revenue is
decreased.
Councilman Misetich moved,seconded by Councilman Stern,to:1)Receive and file the
staff report;2)Determine that the City should initiate the process of drafting a charter;
3)Appoint a Council Subcommittee of Mayor Wolowicz and Mayor Pro Tem Long to
lead the process of having the charter adopted by the City's voters at a consolidated
election that would be held on March 8,2011;and,4)Direct that the Council as a whole
select five Committee Members to assist the Council Subcommittee.
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Campbell,Long,Misetich,Stern,and Mayor Wolowicz
None
None
Palos Verdes Drive East (PVDE)Safety Improvements Implementation Plan
Councilman Stern reported that he would need to recuse himself from the discussion of
Priority Project No.3,since that particular project is near his residence.
Senior Engineer Jules provided a summary staff report regarding the proposed Palos
Verdes Drive East Safety Improvements Implementation Plan.
Council and staff discussion ensued.
David Kramer,Commissioner,Traffic Safety Commission (TSC),Rancho Palos Verdes,
stated that the TSC was in favor of staff's proposal regarding the PVDE Safety
Improvements Implementation Plan.He commented on the use of sharrows as
suggested by staff on the uphill section of roadway where the shoulder is very narrow.
He noted that as a bicyclist he was in favor of not installing bicycle lanes on any part of
PVDE,but to have a widened shoulder to the extent that is possible on the uphill
sections,and to have minimal shoulder on the downhill side,with the use of sharrows
indicating that it is a safe and legal use for bicyclists and motorists to share the
roadway.
Councilman Stern moved,seconded by Mayor Pro Tem Long,to approve the Palos
Verdes Drive East (PVDE)Priority Project Nos.6 through 9 for inclusion into the City's
Capital Improvement Program -Unfunded Projects List,recognizing Priority Project
Nos.1 through 5,as being included in the upcoming PVDE Arterial Resurfacing Project
scheduled for FY 11-12,except for Project No.3,which will be considered separately.
The motion passed on the following roll call vote:
AYES:Campbell,Long,Misetich,Stern,and Mayor Wolowicz
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NOES:None
ABSENT:None
Councilman Stern recused himself from the discussion of Priority Project No.3 and left
the dais at 9:48 P.M.
Mayor Pro Tem Long moved,seconded by Councilman Campbell,to waive additional
staff report on the item and adopt the staff recommendation for Priority Project NO.3 as
recommended in the upcoming PVDE Arterial resurfacing.
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Campbell,Long,Misetich,and Mayor Wolowicz
None
Stern (recused)
Councilman Stern returned to the dais at 9:50 P.M.at the conclusion of the discussion.
FY10-11 Los Angeles County Sheriff's Contract
Deputy City Manager Petru provided a brief staff report regarding the FY10-11 Los
Angeles County Sheriff's Contract.
Council and staff discussion ensued.
Councilman Stern moved,seconded by Councilman Misetich,to adopt staff
recommendation to:1)Authorize the Mayor to sign the FY 10-11 Services for the
Peninsula Region (Rancho Palos Verdes,Rolling Hills and Rolling Hills Estates);and,
2)Authorize the City Manager to sign the FY 10-11 Rancho Palos Verdes Deployment
Survey with the Los Angeles County Sheriff's Department.
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Campbell,Long,Misetich,Stern,and Mayor Wolowicz
None
None
CITY COUNCIL ORAL REPORTS:
Several Council Members presented brief oral reports on their attendance at various
organization and association meetings since the last City Council Oral Reports were
provided on June 29,2010.
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CLOSED SESSION REPORT:
City Attorney Lynch reported on the following Closed Session items:1)With respect to
the VH Property Corp.and VHPS LLC v.City of Rancho Palos Verdes,et ai,direction
was given to the City Attorney regarding litigation (4-1,with Councilman Stern
dissenting);and,2)With respect to the Potential Litigation item,a report was provided
and no action was taken.
ADJOURNMENT:
At 10:13 P.M.,Mayor Wolowicz adjourned the meeting.
Mayor
Attest:
City Clerk
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