NOVEMBER 7, 2006 CITY COUNCIL MINUTES NOVEMBER 7, 2006 CITY COUNCIL MINUTES































































NOVEMBER 7, 2006 CITY COUNCIL MINUTES

MINUTES

RANCHO PALOS VERDES CITY COUNCIL

ADJOURNED REGULAR MEETING

AUGUST 1, 2006

The meeting was called to order at 7:12 P.M. by Mayor Wolowicz at Fred Hesse Community Park, 29301 Hawthorne Boulevard.

Roll call was answered as follows:

PRESENT: Clark, Gardiner, Long, Stern and Mayor Wolowicz

ABSENT: None

Also present were Assistant City Manager/City Clerk Carolynn Petru; City Attorney Carol Lynch; Director of Finance/Information Technology Dennis McLean; Director of Planning, Building & Code Enforcement Joel Rojas; Senior Planner Ara Mihranian; and Associate Planner Kit Fox.

FLAG SALUTE:

The Flag Salute was led by Josh Cohen, Palos Verdes Peninsula News.

APPROVAL OF AGENDA:

Councilman Stern moved, seconded by Mayor Pro Tem Long, to approve the Agenda as submitted. Without objection, Mayor Wolowicz so ordered.

Presentation by Jan Perry, Los Angeles City Councilwoman

Assistant City Manager/City Clerk Petru indicated that Councilwoman Perry was not able to attend this evening’s meeting and that she requested her visit to be rescheduled.

Mayor’s Did You Know Facts

Mayor Wolowicz stated this evening’s presentation will be about Mr. Josh Cohen, Palos Verdes Peninsula News reporter who has reported on Rancho Palos Verdes City Council meetings and other matters on the peninsula for the past seven years; advised that Mr. Cohen will be getting married later this month; and that this will be Mr. Cohen’s last Rancho Palos Verdes City Council meeting, noting that he will be relocating to Oregon. Mayor Wolowicz recognized Mr. Cohen for his many accomplishments in his role as the community’s local news reporter; and he commended Mr. Cohen for the thoroughness, accuracy, and fairness in his presentation of those events. Mayor Wolowicz indicated that Ms. Amy Higgins will be his successor at the Palos Verdes Peninsula News.

With the aid of a power point presentation, Director of Finance/Information Technology McLean stated that Mr. Cohen began working at Palos Verdes Peninsula News in April 1999 and that he has continuously covered the City and peninsula news since that time; and he highlighted some slides of Mr. Cohen’s work in this community. He added that Mr. Cohen received a first place award in the 2001 California Newspaper Publisher’s Association Better Newspapers Contest for his column writing; and stated he is known throughout the South Bay for his excellent writing skills. Director of Finance/Information Technology McLean wished Mr. Cohen a fond farewell.

Each Councilmember thanked and commended Mr. Josh Cohen for his efforts while working at Palos Verdes Peninsula News; and wished him a successful future in his new marriage and new career in Oregon.

Mr. Josh Cohen stated he is overwhelmed and humbled with everyone’s warm comments; stated his work on the peninsula has been a period of growth and happiness; and he thanked City Council, staff, and former Council Members for their support through the years. He highlighted the fact that he and Director of Finance/Information Technology Dennis McLean are getting married on the same day.

RECYCLE DRAWING:

Mayor Wolowicz announced the name of the recycler winners for the July 18, 2006 City Council meeting -- F. Serrano and Mrs. Walter Schneider; stated that all winners will receive a check for $250, which represents a year of free refuse service; and he encouraged everyone to recycle.

PUBLIC COMMENTS:

None.

CITY COUNCIL REPORTS:

Councilman Gardiner reported that he recently met with the new president of Marymount College, Michael Brophy; and noted that Mr. Brophy’s intent is to individually meet with each Council Member. He advised that he and Mayor Wolowicz participated in a teleconference with the Senior Aide to Mayor Villaraigosa to discuss modifying the school district boundary in the Eastview area of the City from the Los Angeles Unified School District to the Palos Verdes Peninsula Unified School District, but leaving the two LAUSD schools out of that proposal; and he commented on the financial impacts of this proposal on the residents of Eastview.

Councilman Clark stated that he represented the City at the League of California Cities Annual Mayors and Council Members Executive Forum in Monterey; he shared with Council and staff the published session handouts; and he highlighted a variety of interesting topics addressed at that event. He encouraged increased Council participation in this annual event. Councilman Clark advised that at the end of that week in Monterey, he participated in the League State Board of Directors meeting; and stated he will present a summary of those topics at an upcoming Council meeting, which will include information on local cable franchise issues.

Councilman Long stated he attended the annual meeting of the California Joint Powers Insurance Authority; noted that the routine election process occurred; that a report of the agency’s performance suggested it needs to continue to improve; and he added the agency continues to experience underwriting gains.

Mayor Wolowicz noted his participation in the interview process with the executive search firms for a new City Manager; stated he attended the Del Cerro Homeowner’s Annual Block Party on July 23rd; and that on July 25th, he met with the City Manager Evans and Assistant City Manager/City Clerk Petru to plan this evening’s agenda.

CITY MANAGER REPORT:

Assistant City Manager/City Clerk Petru advised that the City has been informed by the Lomita Sheriff’s Station the Torrance court will be conducting a jury tour of the Abalone Cove area and the Inspiration Point area tomorrow, Wednesday, August 2nd, between 10:00 A.M. and 4:00 P.M. for the Cameron Brown murder trial; she stated that the Lomita Sheriffs will be present to create a perimeter of the affected areas; and alerted the community there will be a couple occasions when traffic will need to be stopped on Palos Verdes Drive South, in the area around Peppertree Drive, and that helicopter activity will be present in this area during the tour. She urged the public to avoid this area during these hours if at all possible.

OLD BUSINESS:

Assistant City Manager/City Clerk Petru reminded viewers they can view previously discussed and continued items on the City’s website at www.palosverdes.com/rpv.

NEW BUSINESS:

APPROVAL OF CONSENT CALENDAR:

Councilman Clark moved, seconded by Councilman Gardiner, to approve the Consent Calendar as presented. A roll call vote carried as follows:

AYES: Gardiner, Long, Stern, Clark and Mayor Wolowicz

NOES: None

ABSTAIN: None

ABSENT: 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 (301)

Approved the minutes of November 1, 2005, July 5, 2006 and July 22, 2006.

Border Issues Status Report (310)

Reviewed the current status of border issues.

Notice of Completion for the Relocation of the Storm Drain Construction at 7460 Alida Place Project (604 x 1204)

1) Accepted the work as complete; 2) Authorized the City Clerk to file a Notice of Completion with the County Recorder; and if no claims are filed within 35 days after recordation, and 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-percent retention payment to GCI Construction, Inc., 35 days after recordation of the Notice of Completion by the County Recorder contingent upon no claims being filed on the project and the contractor posting an acceptable warranty bond.

Fence Repair at PVIC and Shoreline Park (1204 x 1201)

1) Approved the plans for the construction of the Fence Repair Project for Point Vicente Interpretive Center and Shoreline Park; 2) Awarded a Construction Contract to Harris Steel Fence Co, Inc., in the amount of $129,505, for the Fence Repair Project for Point Vicente Interpretive Center and Shoreline Park and authorized staff to spend up to $20,495 for possible extra work; thereby approving a $150,000 construction budget, being the budget amount authorized by Council for this project; and, 3) Authorized the Mayor and City Clerk to execute a construction contract with Harris Steel Fence Co, Inc.

View Restoration Mediator Contract Extension (1806)

Amended the existing agreement with the City’s View Restoration Mediator, Ms. Coleen Berg, to remove the monetary cap provision contained within the existing service agreement.

Register of Demands

ADOPTED RESOLUTION NO. 2006-57, 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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PUBLIC HEARINGS:

Floodplain Management Ordinance (604)

Mayor Wolowicz opened the public hearing.

City Attorney Lynch presented staff report and the recommendation to INTRODUCE ORDINANCE NO. 441, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING FLOODPLAIN REGULATIONS AND ADDING CHAPTER 15.42 TO TITLE 15 OF THE RANCHO PALOS VERDES MUNICIPAL CODE. She stated that one change was added in two sections that amend the Development Code, which was a parenthetical that the flood plain administrator be designated as the Director of Public Works.

There being no further input, Mayor Wolowicz closed the public hearing.

Councilman Stern moved, seconded by Councilman Clark, to approve staff recommendation, as amended, introducing Ordinance No. 441, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING FLOODPLAIN REGULATIONS AND ADDING CHAPTER 15.42 TO TITLE 15 OF THE RANCHO PALOS VERDES MUNICIPAL CODE. Roll call vote carried as follows:

AYES: Clark, Gardiner, Long, Stern and Mayor Wolowicz

NOES: None

ABSTAIN: None

ABSENT: None

Planning Case No. ZON2005-00523: Two-Year Extension of Conditional Large Domestic Animal Permit No. 5 for the Portuguese Bend Pony Club (1808)

Councilman Stern mentioned that in the past, he had recused himself from consideration of Pony Club issues because his daughter was a member of the club, but stated that he will now be participating in these discussions due to his daughter no longer being affiliated with this group.

Associate Planner Fox presented staff report and the recommendation to ADOPT RESOLUTION NO. 2006-58, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES GRANTING A 5-YEAR EXTENSION OF CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 5 FOR THE PORTUGUESE BEND PONY CLUB.

Mayor Wolowicz opened the public hearing.

Gordon Leon, resident and Deputy District Commissioner of the Portuguese Bend Pony Club and the Chairman of the Equestrian Committee, asked Council to approve this resolution.

Mayor pro tem Long noted the last two-year extension expired September 16, 2005, and questioned why this is now coming before Council as opposed to earlier.

Associate Planner Fox explained that it had taken a couple months to get this item on the Equestrian Committee’s agenda; noted that there is an issue regarding some non-permitted grading that was related to storm damage; and advised that staff is still working with the Pony Club to resolve that issue. He added there is a condition of approval in the resolution to encourage the Pony Club to resolve that issue.

Mayor pro tem Long expressed his belief that it would be more efficient to approve a longer extension of time with the rationale that there doesn’t seem to be significant changes in the conditions, and believing the renewal process is more frequent than necessary.

Associate Planner Fox stated that Council could consider lengthening the time period for the permit.

Mr. Leon noted that as time goes on, there is less controversy about the use of the property and noted his support for lengthening the extension period.

Councilman Stern stated that he would support a longer extension since there are no longer any complaints from the adjacent neighbors.

There being no further input, Mayor Wolowicz closed the public hearing.

Mayor pro tem Long moved, seconded by Councilman Gardiner, to ADOPT RESOLUTION NO. 2006-58, AS AMENDED, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES GRANTING A 5-YEAR EXTENSION OF CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 5 FOR THE PORTUGUESE BEND PONY CLUB. Without objection, Mayor Wolowicz so ordered.

REGULAR NEW BUSINESS:

Presentation from Kathy Gould, Executive Director, Palos Verdes Peninsula Library District (1001)

Executive Director Kathy Gould distributed informational folders to the Council Members and noted her appreciation of the City’s support of the Library District.

She highlighted the passage of Proposition 1A, which provides the Library District a substantial amount of stability in terms of property tax revenues that make up over 95 percent of its revenue; and noted that stability along with the growth in property tax revenues due to the increasing costs in the housing market has enabled the District to expand its services and programs. She stated that the District has spent the last couple years addressing a backlog of deferred maintenance of its facilities and information technology needs; that they are projecting somewhat of a deficiency in its capital fund in 2007-2008 as they address those backlogs; and stated she is hopeful that between operational savings and continued growth in property tax revenues, they will overcome that deficit. She advised that they have introduced a number of new services to supplement their revenues, such as taking passport applications and photos at the main library and providing notary service.

Executive Director Gould stated that the Library District has over 650,000 visitors to its three libraries each year; noted that this year there has been a slight decline largely due to the repair work and limited parking at the Peninsula Center Library; reported that there are over 31,000 registered library card holders; and explained that there is a shift in people using their on-line services, noting that last month, the library’s website had over 35,000 hits.

Executive Director Gould stated that 849,000 books were checked out last year; and highlighted various programs that are offered, such as the new introduction of free wireless hotspots at all three libraries, 12 story times each week across the district, teen book group programs, summer reading program, concerts, plays, computer classes, various clubs, homework assistance, online newsletters, online subscription services, online 30-language tutoring program, etc.

Executive Director Gould stated that repairs to the Peninsula Center Library is substantially complete; advised that major structural and major system repairs were undertaken on the building; that seismic upgrades were made to the building; that a new computer network was installed; and that additional painting and refurbishment were completed, noting that new carpeting should be installed this year.

With regard to the Malaga Cove Library, Executive Director Gould identified the various upgrades necessary, including fire prevention/mitigation concerns; and stated that space planning and facility enhancements are being proposed, including the creation of a computer lounge.

With regard to the Miraleste Library, Executive Director Gould stated the children’s programs are regularly seeing 100 to 120 participants, noting they are running out of space for the library’s collection and services; stated there is a heavy demand for after school services; and noted there is a real demand in that part of the community for some of the adult programs. She stated that because of the limited space and challenging access and parking situations, they have engaged an architect to help develop a range of options to enhance this library, anticipating that this effort will be complete by the end of 2006. She advised they plan to hold community meetings to gather input on a proposed expansion of that library; and noted they are looking into the possibility of using some of the space along the boundary of the nearby intermediate school and the library.

Executive Director Gould stated the Library District works in partnership with the schools, collaborating with teachers and technology aides to start training every 6th grade student in the school district on technology/information literacy skills, educating them on valid websites and gathering information in a safe and controlled fashion. She highlighted the new live homework help service available through the website, connecting to a national network of qualified tutors who will provide assistance with homework problems in virtually any discipline aimed at 4th through 12th grade students. She stated the youth library and youth annex located in the Village Shopping Center, next to the Peninsula Center Library, is aimed for 6th to 12th grade students and is a pilot project that will last for a minimum of 18 months; stated the long-term goal is a full service family and youth center on the peninsula; and noted that funding for this library project for this fiscal year is being provided by the Peninsula Friends of the Library and by other donors and through fundraising. She stated they need continued support for the Miraleste Library expansion project, particularly with the involvement of the City’s Planning Department; that they need support for the Youth Annex; and she requested the City continue to promote the library and its services through Cable Channel 33, City newsletters, and the City’s website.

On behalf of Council, Mayor Wolowicz thanked Executive Director Gould for an informative presentation.

Request for Waiver of the Application Fee for a Landslide Moratorium Exclusion Request for Sixteen (16) Vacant Lots in the “Zone 2” Area of the Portuguese Bend Community (Planning Case No. ZON2002-00043) (1801)

Assistant City Manager/City Clerk Petru stated that late correspondence was distributed to Council on this item in the form of a request from the applicant to continue this item to the next meeting.

Mayor Wolowicz opened the public hearing.

Mayor pro tem Long moved, seconded by Councilman Clark, to continue the public hearing to the August 15, 2006 City Council meeting. Without objection, Mayor Wolowicz so ordered.

Proposed View Restoration Ordinance and Preservation Guideline Revisions (1806)

Mayor Wolowicz opened the public hearing.

Councilman Stern moved, seconded by Mayor pro tem Long, to continue this matter to the August 15, 2006 City Council meeting. Without objection, Mayor Wolowicz so ordered.

Gang Suppression, Prevention and Intervention Sales Tax Initiative (1206)

Assistant City Manager/City Clerk Petru advised Council that Captain Zuanich from the Lomita Sheriff’s Station reported to staff that the County Board of Supervisors took an action that morning to refer this item back to the Sheriff’s Department for further study, which has essentially prevented this issue from being placed on the November ballot; and noted that the Sheriff’s Department is therefore requesting this item be tabled.

Councilman Clark moved to table this item.

Councilman Stern asked if the approximate $500,000 given to the community under this proposal can wisely be earmarked, noting there is limited gang activity in this area.

Sheriff Captain Jay Zuanich agreed that there is no gang problem in Rancho Palos Verdes, but stated that there has to be a nexus between the use of that money and gang activity; he stated that the money could be used for gang-related education; noted that it can be used to stop gang graffiti which is taking place on the peninsula from gangs living elsewhere; and mentioned that the Sheriffs do make arrests of gang members who are visiting and commit crimes in this area.

Councilman Stern expressed his concern with the limitations on the package for spending the $500,000, believing there is potential to not spend the money wisely; and questioned if there is a way to broaden the breadth of those limitations for this community.

Captain Zuanich stated that he will advise his superiors of that concern.

Councilman Clark asked if any more consideration has been given to establishing a Sheriff’s substation in Rancho Palos Verdes.

Captain Zuanich stated that there has been no clearly defined discussion of that proposal.

Councilman Stern seconded the motion to table this item. Without objection, Mayor Wolowicz so ordered.

Residential Development Standards Steering Committee (RDSSC) Report on Proposed Amendments to the City’s Residential Development Standards (Title 17 of the RPVMC) (1801 x 1203)

Senior Planner Mihranian presented the staff report and the recommendation to 1) Congratulate and thank the Residential Development Standards Steering Committee; 2) Refer the Residential Development Standards Steering Committee Report to the Planning Commission for review; and, 3) Direct staff and the Planning Commission to reexamine the issues raised by Council regarding the Steering Committee’s recommendations.

On behalf of the Council, Mayor Wolowicz thanked and commended Senior Planner Mihranian for his impressive efforts in this process.

Councilman Gardiner stated that it is not clear to him how many properties will be affected by the change in setbacks, the scale being impacted, or the practical implication of an increase in setback and when it would matter.

City Attorney Lynch noted for Councilman Gardiner that if a permitted structure already has encroached into a required setback, it would be considered a legal, nonconforming structure.

Senior Planner Mihranian explained that if at some point a property owner proposes an addition/remodel to a structure that exceeds 50 percent of the original building, for example, the Code requires that any nonconformity be brought to conformity with the current Code, except in terms of nonconforming setbacks.

Councilman Gardiner questioned if limiting someone’s ability to use their property through development standards would be considered a taking.

City Attorney Lynch explained that a property owner could allege a taking, but noted that court cases say that if someone has a substantial use of their property, the fact that they might not necessarily be able to completely develop another portion of it would not be a taking; in other words, if they have a house, they are considered to have full use of their lot and property, and would not be asked to dedicate their lot for some other purpose.

RECESS AND RECONVENE

Mayor Wolowicz recessed the meeting at 9:02 PM and reconvened the meeting at 9:11 PM.

Councilman Gardiner stated that page 17 of the staff report indicates if one owns a corner lot, they are allowed to have a 6-foot fence along the street side property line, but that the proposed code would require the wall on that corner lot to be reduced to 42 inches in height; and he stated that he is not in support of that requirement because of privacy issues. He expressed his belief that Council should send this item to the Planning Commission for further refinement.

Mayor pro tem Long mentioned that the concept of square footage limitations tied to lot size has been a tool increasingly employed by a number of cities to deal with mansionization; he expressed his belief that the Committee rejected this issue too quickly without further study or direction to staff to further study the possibility of implementing such a limitation here; and stated that this is something that needs multiple tools to better control increased density. He noted his desire to see the Planning Commission study the concept of square footage limitations based on lot size, on buildable area of a lot, or some formula that makes sense; to study it in a more rigorous way than this Committee was able to do; and to provide Council with an independent recommendation on that issue as well as look at what other cities have done in this regard, why they’ve done it, and what the advantages/disadvantages are. He asked that staff distribute to Council the full minutes and full report related to the square footage limitation issue from the deliberations of the Committee, so that each Council Member can make a decision; and if enough Council members agree, that Council could ask the Planning Commission to look at this issue.

Senior Planner Mihranian noted that staff will summarize that discussion and give the background information to the Planning Commission.

Councilman Clark noted, echoed by Councilman Stern, his support to send the Committee’s report to the Planning Commission for refinement, noting that the Commission should take the appropriate amount of time to study the proposals.

Mayor pro tem Long stated it is incumbent upon Council to guide the Planning Commission on which items need further study, believing that it would over burden the Planning Commission if the majority of the Council does not have an issue with all 18 topics covered in the report.

Councilman Clark stated the Planning Commission should review the recommendations in a comprehensive manner, noting that he does not want to provide direction that may cloud the Planning Commission’s objective input.

Councilman Gardiner suggested that this matter be continued to the next City Council meeting to allow each Council Member an opportunity to take a look at the list and digest the information, and to then provide staff a list of issues each member feels needs further attention. He stated that the Planning Commission should be given some direction rather than an ambiguous charge.

Karl Price, Rancho Palos Verdes, requested and received from staff further definition on the new single-family residence 50-percent expansion rule.

Senior Planner Mihranian noted that the proposed criteria is taken from the criteria that is current applied to the entire City; noting that if a property owner was to tear down an existing structure, calculating 50 percent or more of the combined linear square footage of all exterior and interior walls, it would be considered a new residence and would have to comply with the new standards.

Mr. Price stated that the proposal for the Miravista Neighborhood is confusing and noted his concern with how this may negatively impact on-street parking, noting that parking is limited in his particular neighborhood; and noted his support to enhance properties, but stated this deserves further analysis from different angles.

Ken Dyda, Rancho Palos Verdes, commended Senior Planner Mihranian’s dedication and professionalism during the Committee’s effort. He stated that if one looks at the existing code in terms of the percentage of the lot one is allowed to build on, the percentage is always less than the property remaining after subtracting the side, front and rear setbacks. He stated that the problem of creating an issue for a property owner with rear or side setback is about location, not of size; and explained that the intent of the Committee was to take a look at those things they thought would need to be revisited from the original code without creating an undue hardship for the residents. He stated that the overall square footage is a problem, but they’ve got a percentage of lot coverage one is allowed; noting that the problem only would occur if one uses that percentage on a 2-acre parcel, for example; that if a property owner used that same percentage and complied with the current setbacks, they can build a huge structure on such a lot; and that to some extent, Mayor pro tem Long’s concern needs to be looked at for the larger properties. He stated the chart included in the staff report identified all the issues.

Mayor pro tem Long pointed out that Mr. Dyda and Lois Karp dutifully attended all the meetings and put in an enormous amount of time on this effort; and he expressed his gratitude to everyone who participated in this effort.

Councilman Stern stated that this should go to the Planning Commission without a lot of direction; and noted his desire to minimize unintended consequences/ results of these potential changes.

Mayor Wolowicz noted his support to send this to the Planning Commission with a belief that all items need to be addressed at once because each item impacts related issues.

Councilman Clark moved, seconded by Councilman Stern, to congratulate the Committee on its tremendous work effort the past couple years; to send this to the Planning Commission for its comprehensive summary review and ultimate input back to City Council in the areas where recommendations are being requested, as well as comments on other areas that did not have recommended changes to the Development Code; request that staff and the Planning Commission look at the issue of size limitation on residential structures on residential lots, taking into account prior lessons learned; and to research how other communities have successfully tackled this issue.

Councilman Gardiner stated that he would be opposed to the motion because it has only incorporated one Council Member’s comments and reservations in the instructions for the Planning Commission and had not included his concerns.

Councilman Clark stated that was not his intent and amended his motion to also have the specific comments made by any of the City Council this evening included in the report to the Planning Commission by the Director of Planning and the lead staff member as they embark upon this review.

Councilman Gardiner highlighted the following issues included in the staff report that he would like the Planning Commission to address: page 16, not to recommend excluding driveways for a flagged lot; page 17, Fences, Walls, Hedges, provide more detail on why corner lots should not be permitted 6-foot fences instead of the proposed 42 inches, noting his support for 6-foot fences; page 19, the need for clarification on the first item; and page 19, define “respect adjacent properties” and how to measure and enforce it.

Mayor pro tem Long volunteered to review the summary and assist in polishing its presentation.

Without objection to the motion, Mayor Wolowicz so ordered.

Councilman Clark departed the meeting at 10:07 P.M.

Moisture Remediation at Hesse Park (1201 x 1101)

The staff report of August 1, 2006 recommended City Council 1) Authorize staff to conduct an informal bid process to complete the proposed Interior Moisture Remediation Work Plan at Hesse Park for a total cost not to exceed $9,000; 2) Authorize staff to conduct a formal bid process to complete the proposed Exterior Moisture Remediation Work Plan at Hesse Park for a total cost not to exceed $50,000; and 3) ADOPT RESOLUTION NO. 2006-59, A RESOLUTION OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 2006-41, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2006-07, FOR A BUDGET ADJUSTMENT TO THE BUILDING REPLACEMENT FUND.

Councilman Gardiner moved, seconded by Mayor pro tem Long, to waive staff report and to approve staff recommendation. Motion carried as follows:

AYES: Gardiner, Long, Stern and Mayor Wolowicz

NOES: None

ABSTAIN: None

ABSENT: Clark

City Manager Recruitment (1101)

The staff report of August 1, 2006 recommended City Council: 1) Select Avery and Associates to conduct the recruitment for a new City Manager; 2) Direct the City Manager and City Attorney to prepare an appropriate professional services contract; and 3) Direct staff to bring the contract back for Council approval.

Mayor Wolowicz advised the public that the City Council interviewed three executive search firms for the recruitment of a new City Manager; noted that Council did not take a vote following those interviews; and mentioned that the proposed fees of each firm were in a similar range.

Councilman Stern mentioned that all three firms were very qualified.

Assistant City Manager/City Clerk Petru distributed the ballots.

City Attorney Lynch advised that it takes three votes to select a firm.

Assistant City Manager/City Clerk Petru read the ballot results as follows:

Councilman Gardiner abstained.

Councilman Stern voted for Avery & Associates.

Mayor pro tem Long voted for Avery & Associates.

Mayor Wolowicz voted for Ralph Anderson.

Councilman Gardiner asked if an abstention normally goes with the majority vote.

City Attorney Lynch confirmed that abstentions are usually counted with the majority vote.

Councilman Stern suggested casting another round of ballots.

City Attorney Lynch stated that even though it does take three votes to approve a contract, the contract will be brought back at the following meeting for final approval; and stated staff can prepare a contract based on tonight’s vote.

Mayor pro tem Long stated his vote is conditioned on the contract including all the best features suggested by each firm that was interviewed.

Assistant City Manager/City Clerk Petru distributed the ballots once again and read the ballot results as follows:

Councilman Gardiner abstained.

Mayor pro tem Long voted for Avery & Associates.

Mayor Wolowicz voted for Avery & Associates.

Councilman Stern voted for Avery & Associates.

Mayor Wolowicz noted that Avery & Associates has been selected by City Council, subject to staff bringing back the contract for final vote; and stated that if the contract is not found to be acceptable, then Council is free to reconsider the selection process.

City Attorney Lynch stated the contract will be brought back to City Council at its next meeting.

 

Closed Session Minutes (307 x 301)

Assistant City Manager/City Clerk Petru announced that as Councilman Clark departed the meeting earlier this evening, he requested that Council consider continuing this item to the next Council meeting so he would be able to participate in the discussion.

Mayor pro tem Long moved, seconded by Councilman Gardiner, to waive staff report and to continue this matter to the August 15, 2006, City Council meeting.

Councilman Gardiner stated that he was the one who originally requested minutes of the closed session meetings, but stated that he does not recall requesting verbatim minutes; and stated that preparing verbatim minutes are burdensome in this instance.

Councilman Stern stated that the staff report indicates that verbatim minutes are in fact less burdensome and less time-consuming to prepare, noting that the minute taker does not need to summarize and interpret how they will transcribe the meeting.

Councilman Gardiner stated that if no litigation issues are discussed in closed session, there should be no need for minutes.

There being no objection to the motion to continue, Mayor Wolowicz so ordered.

COUNCIL DISCUSSION OF FUTURE AGENDA ITEMS & SUGGESTION OF FUTURE AGENDA ITEMS:

Mayor Wolowicz asked that a future agenda include consideration of a noise ordinance.

Councilman Gardiner asked that a future agenda include the contemplation of summary City Council minutes.

Responding to Councilman Gardiner’s request, Assistant City Manager/City Clerk Petru stated that prior Council direction was to bring that issue back once the moisture issues with the City Council Chambers and the audio/visual equipment issues with Cox were resolved.

Responding to Mayor Wolowicz’ request, Mayor pro tem Long stated that Council has been through the noise ordinance issues before; and expressed his understanding that following that prior discussion, Council ended up not being persuaded to change anything in the Development Code.

Councilman Stern asked that staff provide Council a copy of the previous staff report on this topic for its review.

City Attorney Lynch stated that staff will bring back the former report on this matter.

Councilman Gardiner asked that a future agenda include a topic to address providing Council with periodic Public Works program management status reports; and suggested that these reports be placed on the City’s website. Councilman Gardiner also asked that a future agenda include an item to update Council on proposed planning considerations for RPV Channel 33.

CLOSED SESSION REPORT:

City Attorney Lynch advised that no action was taken on any of the items.

ADJOURNMENT:

Mayor Wolowicz adjourned at 10:30 P.M.

 

/s/ Thomas D. Long

Mayor

Attest:

 

/s/ Carla Morreale

City Clerk