DECEMBER 19, 2006 CITY COUNCIL MINUTES DECEMBER 19, 2006 CITY COUNCIL MINUTES















DECEMBER 19, 2006 CITY COUNCIL MINUTES

MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
DECEMBER 19, 2006

The meeting was called to order at 7:09 P.M. by Mayor Wolowicz at Fred Hesse Community Park, 29301 Hawthorne Boulevard.

City Council roll call was answered as follows:

PRESENT: Clark, Gardiner, Wolowicz and Mayor Long

ABSENT: Stern

Also present were City Manager Les Evans, City Attorney Carol Lynch, Assistant City Manager/City Clerk Carolynn Petru, Director of Finance/IT Dennis McLean, Director of Public Works Jim Bell, Director of Planning, Building and Code Enforcement Joel Rojas, Associate Planner Kristen Sohn, Deputy Planning Director Gregory Pfost, and Senior Administrative Analyst Lauren Ramezani.

FLAG SALUTE:

The Flag Salute was led by City Manager Evans.

APPROVAL OF AGENDA:

Councilman Gardiner moved, seconded by Councilman Clark, to approve the Agenda.

Without objection, Mayor Long so ordered.

CEREMONIAL:

1) Acknowledgement of the American Public Works Association Award for the Point Vicente Interpretive Center Expansion Project.

Mayor Long presented the plaque and reported that the award was dedicated to the Recreation and Parks Department.

2) Presentations to retiring City Manager Les Evans;

Mayor Long presented a proclamation to outgoing City Manager Evans and all Councilmembers expressed gratitude and wished him well in his retirement.

City Manager Evans thanked the Council and staff for their hard work for the citizens of Rancho Palos Verdes.

Bill Ailor, representing the Palos Verdes Peninsula Land Conservancy, expressed appreciation to City Manager Evans for his help over the years and presented him with a picture from the Palos Verdes Peninsula Land Conservancy so he would not forget the land he had helped to acquire for the public.

MAYOR’S ANNOUNCEMENTS:

None.

RECYCLE DRAWING:

Mayor Long announced recyclers of the month were Karim Surani and Paul Magio. He indicated that all winners received a check for $250 representing a year of free refuse service and he urged everyone to participate in the City’s recycling program.

PUBLIC COMMENTS:

Assistant City Manager/City Clerk Petru reported no requests to speak.

CITY MANAGER REPORT:

City Manager Evans indicated he had no report.

OLD BUSINESS:

Assistant City Manager/City Clerk Petru reminded the audience that items previously discussed and continued to a future Council meeting could be viewed on the City’s website at www.palosverdes.com/rpv.

NEW BUSINESS:

APPROVAL OF CONSENT CALENDAR:

Assistant City Manager/City Clerk Petru reported that she had distributed late correspondence on items 4, 8 and 10. She also reported that she had two requests to speak on item 5.

Councilman Wolowicz requested that items 4 and 10 be removed for discussion.

Councilman Gardiner moved, seconded by Councilman Wolowicz, to approve the Consent Calendar as amended with items 4, 5 and 10 removed.

A roll call vote carried as follows:

AYES: Clark, Gardiner, Wolowicz and Mayor Long NOES: None ABSENT: Stern

City Hall Lateral Rehabilitation Project (604 x 1204)

Reviewed and reconfirmed by a four/fifths (4/5) vote, the Council’s previous action on October 17, 2006, to authorize staff to proceed with repairs to the sewer lateral system at the City Hall complex.

Motion to Waive Full Reading

Adopted a motion to waive reading in full of all ordinances presented at the 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 (301)

Approved the minutes of October 3, 2006.

Status of Solid Waste Procurement Consultant, R3 Consulting Group, Inc. (1301)

This item was removed from the Consent Calendar and considered separately.

Request for Waiver of the Application Fee for a Remedial Grading Permit for Landslide Stabilization on Property Located at 2 West Pomegranate Road (Planning Case 2006-00633) (1203 x 2000)

This item was removed from the Consent Calendar and considered separately.

Joint Host for California Contract Cities Association General Meeting (1102)

1) Approved hosting the February 2007 California Contract Cities Association general dinner meeting with the Cities of Lomita and Rolling Hills Estates; and 2) ADOPTED RESOLUTION NO. 2006-94, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION 2006-41, THE BUDGET APPROPRIATION FOR FY 06-07, TO INCREASE THE COMMUNITY OUTREACH PROGRAM BUDGET IN THE AMOUNT OF $2,500.

Approve County Storm Drain Grant Agreement (604 x 1204)

ADOPTED RESOLUTION NO. 2006-95, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE MAYOR, CITY CLERK AND CITY ATTORNEY TO EXECUTE AN AGREEMENT WITH THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT FOR THE INSTALLATION OF CATCH BASIN TRASH EXCLUDERS FUNDED THROUGH THE PROPOSITION 50-SANTA MONICA BAY RESTORATION GRANT PROGRAM.

Cable Television Franchise Productions – 2007 (605)

Approved the proposed list of topics for all City-sponsored Special Event Shoots and Public Service Announcements for 2007.

Contract Extension CBM Consulting, Inc. (1402 x 1204 x 604)

This item was removed from the Consent Calendar and considered separately.

Register of Demands

ADOPTED RESOLUTION NO. 2006-96, 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.

ITEMS PULLED FROM THE CONSENT CALENDAR:

Status of Solid Waste Procurement Consultant, R3 Consulting Group, Inc. (1301)

Councilman Wolowicz felt that there were areas of concern that discouraged numerous companies from responding to the Request for Proposals (RFP) for the residential and commercial solid waste and recycling contract. He stated that the issues raised should have been taken into consideration and he did not take the request for an increase to the contract for R3 Consulting Group lightly. He expressed doubt that the additional $25,000 would carry them through the entire re-bid process and inquired if Council elected not to engage the consultant, if staff would be able to handle the issuance of the new RFP.

Councilman Gardiner pointed out that the Council would be were authorizing an amount not to exceed $25,000 which was not to say they would agree to spend $25,000. He received clarification from staff that if the money were not spent it would be returned to the General Fund and he inquired who determined the rate at which it was to be spent.

Director Bell explained that the existing contract governs the rate at which the contract is paid, based on time and material, as directed by staff.

Councilman Clark echoed the sentiments of Councilman Wolowicz noting that the Council was on a course to require the current waste hauler to live up to its current contractual obligations for the next year thereby providing time to reflect on the future needs of the community. He was not predisposed to continue the consultant’s contract and he asked for feedback from the Council’s Residential Trash Subcommittee on its meeting with Waste Management.

Senior Analyst Ramezani clarified that part of the $25,000 was for expenditures in November and December 2006 with the remainder allocated for work to be done in January 2007.

Councilman Wolowicz inquired why the original $100,000 did not cover those expenses.

Senior Analyst Ramezani reported that the consultant was been paid from the Waste Reduction Fund, not the General fund. She explained that staff originally thought the activities performed by the consultant would carry them until the contract was awarded; staff did not anticipate receiving only one proposal with rates so high that there was a great deal of required negotiation, adjustment to fees, and recalculation of revenues; and there were costs associated with the consultant’s attendance at several Council meetings in November and several subcommittee meetings to discuss the course to be taken with the proposals on hand. She explained that $25,000 would not be sufficient for a new RFP process and future action was dependent on the subcommittee recommendations.

Councilman Gardiner suggested that the consultant be paid what he was owed with the balance continued until Subcommittee reports are received in January 2007.

Councilman Gardiner moved, seconded by Councilman Clark, to 1) Increase the authorization for professional services provided by R3 Consulting Group, Inc. related to the preparation of a Request for Proposals for residential and commercial solid waste and recycling contract, evaluation and negotiations with proposers in the amount not to exceed $15,000; and 2) ADOPT RESOLUTION NO. 2006-97, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION 2006-41, THE BUDGET APPROPRIATION FOR FY06-07, TO INCREASE THE BUDGET IN THE WASTE REDUCTION FUND. A roll call vote reflected the following:

AYES: Clark, Gardiner, Wolowicz and Mayor Long

NOES: None

ABSENT: Stern

Request for Waiver of the Application Fee for a Remedial Grading Permit for Landslide Stabilization on Property Located at 2 West Pomegranate Road (Planning Case 2006-00633) (1203 x 2000)

Gordon Leon, representative of the Pony Club, spoke in favor having the Council refund the grading permit fees.

Robert Douglas, Chair of the Abalone Cove Landslide Abatement District, stated he was present to answer questions regarding the necessity of the remedial grading permit and distributed materials to the Council.

Councilman Clark moved, seconded by Councilman Wolowicz, to grant the fee waiver.

Without objection, Mayor Long so ordered.

Contract Extension CBM Consulting, Inc. (1402 x 1204 x 604)

Councilman Wolowicz inquired why staff had advised the Council to use a consultant for assistance in the administration of the Water Quality and Flood Protection Program, instead of hiring additional staff.

Director Bell explained that decision was made because staff was not sure if the program would be for an ongoing basis or just for one year; there were critical planning issues to be handled immediately; there were key components that needed to be launched with a significant amount of work to be done as soon as possible; and, there was a well-qualified consultant available to handle the project on a consulting basis.

Mayor Long received clarification that a budget adjustment would not be required.

Councilman Gardiner moved, seconded by Mayor Long, to authorize a change to the contract with CBM Consulting, Inc. to increase the dollar amount of the contract for Professional Services up to an additional $113,000 for assistance in the administration of the Water Quality and Flood Protection Program.

Without objection, Mayor Long so ordered.

# # # # #

PUBLIC HEARINGS:

Five (5) Year Extension of Conditional Large Domestic Animal Permit No. 002 (Case No. ZON2004-00433) Applicant Ride to Fly, Property Owner: George and Leanne Twidwell (1804)

Assistant City Manager/City Clerk Petru reported that the notice of public hearing was duly published, late correspondence had been distributed, and no written protests had been received.

Planner Sohn provided a brief staff report.

Councilman Gardiner received clarification that the Five-Year extension of the Conditional Large Domestic Animal Permit was consistent with previous actions with the Pony Club.

At 7:47 P.M. Mayor Long opened public hearing.

Roger Grove, representative of Ride to Fly, requested a five-year permit rather than a two-year permit so the matter did not come up so often. He added that they constantly work on parking issues with alternate parking locations provided for different members of the organization.

At 7:49 P.M. Mayor Long closed the public hearing.

Councilman Wolowicz questioned whether parking issues mentioned in emails had been resolved.

Director Rojas reported that cars overflow the site onto the street on Saturdays and there is a condition that cars are prohibited from sticking out into the street. He responded to Marva Burke, who raised the issue, and he indicated that staff would monitor the situation more carefully to ensure that cars do not stick out into the street.

Councilman Clark moved, seconded by Councilman Wolowicz, to ADOPT RESOLUTION NO. 2006-98, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING A FIVE (5) YEAR EXTENSION OF CONDITIONAL LARGE DOMESTIC ANIMAL PERMIT NO. 002, WHICH ALLOWS RIDE-TO-FLY TO MAINTAIN FOUR HORSES AND OPERATE A THERAPEUTIC RIDING PROGRAM ON A 1.16-ACRE PARCEL WITHIN THE PORTUGUESE BEND COMMUNITY (50 NARCISSA DRIVE). A roll call vote reflected the following:

AYES: Clark, Gardiner, Wolowicz and Mayor Long

NOES: None

ABSENT: Stern

CITY COUNCIL ORAL REPORTS:

Councilman Gardiner reported that the Residential Trash Subcommittee had met and would be providing an informative report in January 2007 and that he had circulated a report regarding his Saturday morning meeting with the Los Angeles Superintendent of Schools.

Mayor Long pointed out that Councilman Gardiner’s report had been posted on the City website and was available to the presidents of interested homeowners associations.

Councilman Wolowicz complimented Councilman Gardiner on his report and asked that he continue to represent the City as he was very effective.

Councilman Clark questioned if there was a window of opportunity for the City and Council to achieve the goal of making the Eastview portion of the City a part of the Palos Verdes Peninsula Unified School District.

Councilman Gardiner replied there was reason to be optimistic.

Councilman Wolowicz reported leading the pledge for the Peninsula Association of Realtors on December 6th; attending the League of California Cities to vote for the MTA representative on December 6th; attending receptions on December 7th and December 11th for Palos Verdes Estates; having lunch with Captain Jay Zuanich on December 7th; attending a tour and dinner with the Captain of the USS Los Angeles on December 8th; ringing bells for the Salvation Army on December 9th where he was reminded about the fact that the community has many volunteers; and attending the Los Angeles County Supervisors meeting on December 12th where there was recognition of outgoing City Manager Evans.

Councilman Clark reported attending many of the same holiday events as Councilman Wolowicz; attending the California Coastal Commission meeting December 13th-15th, which included a fascinating workshop on global warming.

Mayor Long reported that he and Councilman Gardiner had attended the Channel 33 Committee meeting and stated their report was part of the agenda.

REGULAR NEW BUSINESS:

Border Issues Status Reports (310)

Assistant City Manager/ City Clerk Petru reported distributing late correspondence on the item.

Councilman Gardiner stated he liked the wording of the letter regarding the Environmental Impact Report (EIR) for the Peninsula Village Overlay Zone, which he found to be firm and to the point.

Mayor Long wanted to change the name of “Peninsula Rim” to “Peninsula Center” to encompass the entire homeowners’ association area.

Councilman Wolowicz thought the letter was well crafted and pointed out that high density developments are the antithesis of the founding principles of Rancho Palos Verdes, which he noted Rolling Hills Estates had benefited from in the past. He reported that less than 400 units had been constructed in Rancho Palos Verdes in the last 10 years in comparison with the current Rolling Hills Estates proposal of 900 units in a little over 60 months. He wanted to see the cap set at the 117 already approved and not have the 312 in planning review go forward; the EIR to include comments from Rolling Hills Estates Councilmembers and residents regarding traffic concerns and the number of lanes on Palos Verdes Drive North; comments included about the impact on Covenants Church; and concerns cited regarding traffic patterns as well as the changes to traffic patterns and additional congestion impacting Palos Verdes Estates and the intersection of Silver Spur going down to Palos Verdes Drive North.

Councilman Wolowicz moved to incorporate his suggestions, review the current status of border issues, and provide direction to staff regarding draft comments on the EIR on Rolling Hills Estates Peninsula Village Overlay Zone (PVOZ).

Councilman Clark indicated that until he saw the results of the full EIR and comments he was not going to take a deliberate and final position. He expressed similar concerns with traffic, but he was not sure what position was appropriate in terms of density because of the move throughout the state to look at alternatives to accommodate new growth and livable communities.

Mayor Long spoke in favor of the motion noting that it was important to speak to the density issue now as the initial proposal was for as many as 2,000 units. He reported that the current proposal of 900 units would involve approximately 2,500 additional residents resulting in a 30% increase in the population of Rolling Hills Estates. Mayor Long reported that his neighborhood had formed an association to respond to the proposed increase in density due to already existing traffic, parking and congestion issues. He stated the additional comments were worth adding and noted that the Rolling Hills Estates City Council had been very open and responsive to Rancho Palos Verdes concerns and had not yet made a decision.

Councilman Gardiner agreed and stated it was important early on to express concerns with density, and in the process, help to shape the project.

Councilman Clark suggested forming an ad hoc Council committee to engage and communicate with members of Rolling Hills Estates to more effectively convey their concerns.

Councilman Wolowicz moved, seconded by Mayor Long, to incorporate his suggestions, review the current status of border issues, and provide direction to staff regarding draft comments on the EIR on Rolling Hills Estates Peninsula Village Overlay Zone (PVOZ).

Mayor Long seconded the motion and a roll call vote reflected the following:

AYES: Clark, Gardiner, Wolowicz and Mayor Long

NOES: None

ABSENT: Stern

RECESS/RECONVENE

Mayor Long called a brief recess from 8:17 to 8:26 P.M.

Channel 33 Governance (305)

Assistant City Manager/City Clerk Petru reported distributing additional late correspondence on this item and having no requests to speak.

Mayor Long, Councilman Wolowicz, and Councilman Clark expressed the option that the item should be continued to another meeting when Mayor Pro Tem Stern could be present as there were important policy decisions to be made.

Councilman Gardiner disagreed noting that the item had already been delayed. He provided a brief history of station operations and suggested formally approving continuing operation under the existing policies until such time as they are changed. He also suggested having staff return with a $50,000 budget adjustment for station operation at the next meeting.

Gabriella Holt, General Manager of Channel 33, Rancho Palos Verdes, indicated that originally the City Council directed testing of Channel 33 and directed her to return within six months with an update, to the operating procedures which should have occurred in June 2006, but the item had been continued several times. She reported receiving many requests from the public for programming and she sought Council direction in the matter.

Mayor Long received clarification that there was no budget adjustment on the agenda and he opined that a policy decision would influence the budget decision. He agreed that there was much to be decided including how much local programming was needed but he had not been persuaded that the decision had to be made tonight. He pointed out that the budget results from last year could be a good thing for the prospects of the station.

Councilman Clark expressed concern with burn out among those who were volunteering their time to operate the station and he suggested pulling efforts back until direction had been given. He felt the issue was important enough to schedule a workshop in order to review the issues and make good decisions in support of Channel 33 as a strong community asset.

Councilman Gardiner expressed strong exception to that approach as he felt Council’s message to the volunteers staffing Channel 33 was to slow down and lose momentum because the City could not come up with $50,000.

Councilman Wolowicz stated he did not want to preclude the workshop but he wanted Channel 33 personnel to feel the City was supportive in some sort of funding request.

Ms. Holt expressed concern about losing momentum, but she felt it was important that the decision makers have a full understanding of the scope of issues and be supportive of the station. She spoke in favor of holding a Saturday workshop regarding Channel 33.

Councilman Clark moved, seconded by Mayor Long, to 1) Direct that Channel 33 continue to operate under the Interim Policies previously adopted by City Council, until such time as they are modified by City Council; and, 2) Direct staff to schedule a Saturday workshop in late January 2007 to examine the various alternatives for interim and long-term programming and governance of Channel 33, including related budget adjustment resolutions for each alternative. A roll call vote reflected the following:

AYES: Clark, Wolowicz and Mayor Long

NOES: Gardiner

ABSENT: Stern

Establishment of an Oversight Committee for the Water Quality and Flood Protection Program (604 x 1204)

Assistant City Manager/City Clerk Petru reported that she had distributed late correspondence on the item and she had no requests to speak.

Councilman Clark moved, seconded by Mayor Long, to have the Finance Advisory Committee (FAC) continue its role for the current Fiscal Year as described in the staff report.

Responding to Councilman Wolowicz, Director McLean explained key deadlines and noted from past experience with the recruitment and appointment process that staff felt if the Council wanted to move forward, staff would be able to have a Committee in place by April 1.

Mayor Long pointed out that he and Councilman Gardiner were planning to meet and discuss a possible ballot alternative for a modified user fee that might include an oversight committee as part of a proposal and he provided an update on their progress.

Councilman Gardiner suggested that if each Councilmember nominated a person at the first January meeting there would be plenty of time to form a Committee.

The Council discussed the appointment process; timing and deadline issues related to when the Committee would actually be necessary; a suggestion that the Finance Advisory Committee (FAC) handle the task; and, concerns about losing credibility if a Committee was not appointed.

Councilman Clark amended his motion to indicate that the FAC would continue its role as oversight body for the Water Quality and Flood Protection program during Fiscal Year 2007 until and unless it is replaced by the Council with an independent separate oversight committee, which would allow for taking that responsibility from the FAC and moving it to an independent body.

Mayor Long accepted the amendment.

Councilman Gardiner suggested that the item be continued until January.

Councilman Clark withdrew his original motion and moved, seconded by Mayor Long, to continue the item to January 16, 2007.

Without objection, Mayor Long so ordered.

Purchase of Tax Defaulted Property (602 x 950)

Assistant City Manager/City Clerk Petru reported distributing late correspondence on the item.

Councilman Clark moved, seconded by Mayor Long, to waive the staff report and accept the staff recommendation.

Council discussion focused on concerns about the viability of the property located in Malaga Canyon, unknown issues associated with owning the property, liability for cleanup of toxins, and whether the property would become part of the NCCP. It was noted that there was a small amount of open space in that part of the City and this provided the opportunity to attain additional valuable open space in that area.

Assistant City Manager/City Clerk Petru indicated that the land was zoned for single family residential use and noted that the City gets preference as a public agency to purchase the property. She noted, however, that tax defaulted property could be redeemed by the owner.

City Manager Evans commented that chances are the property owner will pay the delinquent tax bill in order to retain the property, but the City should take advantage of the opportunity to acquire it if possible.

City Attorney Lynch explained that the City would be liable for any clean up of the property, but the City could obtain an inspection warrant or permission to determine if any clean up is necessary through a Phase 1 Environmental study.

Mayor Long suggested authorizing the funds for the environmental study, but not taking title until the environmental study is completed to the satisfaction of staff.

City Attorney Lynch suggested authorizing staff to conduct a Phase 1 study for the amount of $5,000.

Councilman Clark and Mayor Long agreed to the amendment.

Councilman Wolowicz stated that due to the fact that Malaga Canyon is a major drainage course, the City would be responsible to correct any drainage deficiencies and associated geological problems regardless of ownership.

Councilman Clark moved, seconded by Mayor Long, to 1) Authorize the Mayor and City Clerk to sign an agreement to purchase tax-defaulted property for five vacant parcels totaling 47.83 acres located north and south of Montelmalaga Drive, between Mossbank Road and Via Campesina; and, 2) Direct staff to conduct a Phase 1 Environmental Review of the subject property prior to purchase. A roll call vote on the motion reflected the following:

AYES: Clark, Gardiner, Wolowicz and Mayor Long

NOES: None

ABSENT: Stern

Appoint an Interim City Manager and Set a Date for Interviews of City Manager Candidates (1101 x 1202)

The Council discussed dates and locations for interviews.

Councilman Clark moved, seconded by Mayor Long, to 1) Authorize the Mayor to sign the letter appointing Paul Bussey as Interim City Manager; and, 2) Set the date of Saturday, January 20, 2007 at 9:00 A.M. at Hesse Park for interviews of City Manager Candidates.

FUTURE AGENDA ITEMS:

Councilman Clark recommended bringing back consideration of establishing a City Council ad hoc committee to interact with Rolling Hills Estates on the Peninsula Village Overlay Zone.

City Manager Evans suggested that Councilmembers communicate with staff over the holidays as to which committees they would like to serve on.

Councilman Wolowicz requested the establishment of an ad hoc committee for the Ponte Vista Development.

Councilman Gardiner requested that an item be placed on a future agenda regarding sending online streaming and archiving of Council meetings and other City meetings out to bid.

CLOSED SESSION REPORT:

City Attorney Lynch reported that a report was given regarding the Monks litigation and no action was taken. She noted that a report was given with no action taken regarding the claim concerning the property at 31 Narcissa Drive and that the City Council reviewed a list of final City Manager candidates and voted to accept the list recommended by the City Council subcommittee for final interviews with a 3-1 vote (Councilman Gardiner dissenting).

ADJOURNMENT:

At 9:45 P.M., Councilman Clark moved, seconded by Councilman Wolowicz, to adjourn the meeting in honor of Les Evans. Without objection, Mayor Long so ordered.

/s/ Thomas D. Long Mayor

Attest:

/s/ Carla Morreale

City Clerk

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