JANUARY 16, 2007 CITY COUNCIL MINUTES JANUARY 16, 2007 CITY COUNCIL MINUTES JANUARY 16, 2007 CITY COUNCIL MINUTES

MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
JANUARY 16, 2007

The meeting was called to order at 7:03 P.M. by Mayor Long at Fred Hesse Community Park, 29301 Hawthorne Boulevard.

City Council roll call was answered as follows:

PRESENT: Stern, Wolowicz and Mayor Long

ABSENT: Clark and Gardiner

Also present were Interim City Manager Paul Bussey; City Attorney Carol Lynch; Assistant City Manager/City Clerk Carolynn Petru; Director of Planning, Building and Code Enforcement Joel Rojas; Director of Public Works Jim Bell; Director of Finance/ Information Technology Dennis McLean; Deputy Planning Director Greg Pfost; Associate Planner Kit Fox; and, Assistant to the City Manager Gina Park.

FLAG SALUTE:

The Flag Salute was led by Councilman Wolowicz.

APPROVAL OF AGENDA:

Mayor Pro Tem Stern moved, seconded by Councilman Wolowicz, to approve the Agenda.

Without objection, Mayor Long so ordered.

MAYOR’S ANNOUNCEMENTS:

None.

RECYCLE DRAWING:

Mayor Long announced recyclers of the month were Shirley Thompson and Martin Dodell. 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:

Mayor Long reminded everyone that this was the time to speak on items not on the agenda.

Robert Maxwell, Portuguese Bend Community Association, Rancho Palos Verdes, suggested working jointly with the adjacent cities to block off or reroute runoff water that is coming down from Del Cerro Park into the moratorium landslide area which causes many geologic problems.

CITY MANAGER REPORT:

None.

APPROVAL OF CONSENT CALENDAR:

Assistant City Manager/City Clerk Petru reported distributing late correspondence on Items 7, 8 and 9. She noted that Items 7 and 8 had changes to the recommendation included in the late correspondence and should be considered separately. She added that there was a request to speak on Item 5.

Councilman Wolowicz requested that Item 10 be pulled.

City Attorney Lynch asked that Item 12 be pulled for an amended report.

Councilman Stern asked to address Item 6 and he suggested that items pulled from the consent calendar be put at the end of the agenda.

Councilman Wolowicz moved, seconded by Mayor Pro Tem Stern, to approve the Consent Calendar with Items 5, 6, 7, 8, 10 and 12 removed. The motion carried on the following roll call vote:

AYES: Stern, Wolowicz* and Mayor Long

NOES: None

ABSENT: Clark and Gardiner

*Councilman Wolowicz abstained from the approval of the minutes of the October 17, 2006 meeting as he was not present for that meeting.

City Hall Sewer 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 July 18, 2006 and October 17, 2006.

Claim Against the City by Moon Oh (303)

Rejected the claim and directed staff to notify the claimant.

Claim Against the City by Ara Boyajian (303)

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

Channel 33 Workshop (305)

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

Hesse Park Wall Waterproofing (1201 x 1204)

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

Hesse Park ADA Compliant Restroom Remodel (1201 x 1204)

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

Mayor’s Appointment of City Council Members to Intergovernmental Organizations and Associations (306)

Appointed the members of Council to the various intergovernmental organizations and associations.

City Advisory Board Appointments (106)

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

August 2006 Treasurer’s Report (602)

Received and filed the August 2006 Treasurer’s Report for the City of Rancho Palos Verdes.

Acceptance of Two Easements that Cross the Terranea Property and Agree that these Easements Shall be Subordinate to the Easement for the Flowerfield Trail

(450 x 1804)

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

Register of Demands

ADOPTED RESOLUTION NO. 2007-01, 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.

Item 5 from the Consent Calendar was heard at this time.

Claim Against the City by Ara Boyajian (303)

Mr. Boyajian read a statement that he had distributed to the Council noting that the rejection of his claim was not valid given that the tree was grossly overgrown and the City was negligent with regard to its maintenance. He submitted pictures to the Council, indicated that the tree was subsequently trimmed in August 2006, and asked that the claim be honored.

Mayor Pro Tem Stern indicated it was his understanding that the City is liable if it is a dangerous condition that the City knew or should have known about. He explained that the City routinely inspects and trims the trees and he did not see that the City was liable under the law.

Mayor Pro Tem Stern moved, seconded by Mayor Long, to reject the claim and directed staff to notify the claimant.

Without objection, Mayor Long so ordered.

# # # # # #

PUBLIC HEARINGS

Revision BB to the Trump National Golf Course – Request to Permit an “After the Fact” 70’ Tall Flag Pole Located at the Back Tee Hole #1 (1411)

Assistant City Manager/City Clerk Petru reported that notice of the public hearing was duly published and that all written protests were included with the staff report or late correspondence distributed prior to the meeting.

Deputy Planning Director Pfost presented a brief staff report.

Mayor Pro Tem Stern was pleased that the easement to the City was back in the application as he believed there was unanimity in the Council vote that the City had to be able to control the flying of the flag. He pointed out that one of the attributes of the original motion was that the City would get the as-built construction plans.

Planner Pfost reported that the Planning Department still did not have the as-built construction plans, but he had not realized that was the direction of Council.

Responding to Councilman Wolowicz, City Attorney Lynch explained that three affirmative votes were necessary to approve a resolution, but tonight the Council was providing additional direction. She noted that since the vote had been divided, Council may want to wait until all five members were present, or they could consider the matter with those currently present.

Mayor Long clarified that the flag pole was not a memorial and he indicated he did not have a preference as to whether the matter was continued or moved forward, but he felt Council had an obligation to hear the public speakers who were present.

Councilman Wolowicz observed that those absent had an opinion different from his and he did not want their absence to affect the ultimate decision.

Vincent Stellio, Trump National, reported that they were awaiting additional information on the location of the plaque and he questioned whether the City preferred an easement or to have the land deeded over. He stated that the as-built drawings were submitted to Building Official Roy Bronold six weeks ago.

Mayor Pro Tem Stern suggested that the preferred form of deed or easement be submitted to the City Attorney.

Tom Redfield, Rancho Palos Verdes, Chair of Revival and Renaissance Coalition, shared results of inquiries taken over several months. He reported that out of several hundred people surveyed, only two were not in support of the flag at its current location; two-thirds of the people surveyed would like the Council to make a strong statement that they resent that the Trump Organization did not follow the proper procedures of the City; no one felt it was necessary to have access to the base of flag pole; there was indifference to the plaque but people felt if there was one, the most appropriate place for it would be on the side of the wall heading to the park; the public was strongly opposed to any suggestion to expand or place a putting green on any part of the park; and that the American flag be the only flag allowed to be flown at the site. Mr. Redfield reported positive feedback since Mr. Vandergoes became General Manager.

Responding to Councilman Wolowicz, City Attorney Lynch discussed government codes which indicated that there could not be an absolute prohibition of the display of the American flag on private property. She pointed out that if the flag pole on the Trump property had been 16 feet or less there would have been no restrictions that the City could impose.

Mayor Pro Tem Stern reiterated that when the Planning Commission heard the matter, virtually every Planning Commissioner made it clear to the Trump Organization that an American flag would be permitted either in a different location or size but it would be seriously erroneous for anyone to conclude that the City was prohibiting the flag.

Mayor Pro Tem Stern moved, seconded by Councilman Wolowicz, to continue the item to February 6, 2007.

Without objection, Mayor Long so ordered.

REVISION "DD" TO THE TRUMP NATIONAL GOLF CLUB PROJECT (1411)

Assistant City Manager/City Clerk Petru reported that notice of the public hearing had been duly published and she had distributed late correspondence with all written protests included.

Deputy Planning Director Pfost provided a brief staff report and noted that there was a condition added to the Conditional Use Permit (CUP) to allow residents to use the existing putting green on the golf course. He noted that the conditions also included a dress code, priority for patrons of the golf course, and a two hour limit per day for use by residents. He indicated that he had not seen data on usage, but the putting green has appeared available for use each time he has seen it.

Mayor Pro Tem Stern questioned delays associated with the geological review and received clarification that the independent geological review was not being cut back in any respect.

Councilman Wolowicz received clarification that current action did not require any demolition or loss to the current putting green. He indicated that geology was the single largest issue, indicated great concern with continuing delays and inquired if staff thought the issues could be resolved within the next 180 days.

Deputy Planning Director Pfost stated that he believed a permanent opening of the golf course could take place in 90 days and additional discussion with the peer review panel about Landslide A and the Clubhouse expansion could probably be resolved within 180 days.

Mayor Long commented that the last temporary extension was granted with the understanding that good cause would be shown for each subsequent extension and he stated that he had not yet seen good cause.

Vincent Stellio, Trump National, reported that much progress had been made and noted that the two remaining issues had to do with additional information requested by the City which they were responding to. He noted that the geology for Landslide A and the Clubhouse expansion had been an ongoing issue and he reported that they were moving forward on that as well.

Responding to Mayor Pro Tem Stern, Mr. Stellio explained costs involved in building and maintaining a public putting green and noted that the public was allowed to use the putting green without meeting a dress code. He commented that it did not take away from the park and based on proximity, he indicated a golfer would use the Trump putting green first. He explained that if the putting green was crowded, golfers might use the public green, but it would be primarily for the public. He stated that there would be signs indicating that the area was a public putting green and that Trump National could provide golf clubs for rent, or the public could bring their own.

Councilman Wolowicz inquired if Mr. Stellio thought geological issues would be resolved within 180 days.

Mr. Stellio pointed out that the process was complicated due to the differences in interpretation, but he indicated that they were trying to resolve the issues by responding to the requests of the peer panel. He asserted that golf course issues would be resolved in the next few weeks, but he could not say when the other issues would be resolved.

Betty Reidman, Rancho Palos Verdes, expressed opposition to the proposed putting green being placed in Founder’s Park because it was meant to be a passive park.

Lois Karp, Rancho Palos Verdes, expressed opposition to the proposed putting green citing potential parking issues.

Mayor Long closed the public hearing.

Mayor Pro Tem Stern moved, seconded by Councilman Wolowicz, that the issue of the proposed putting green be continued to February 6, 2007.

Without objection, Mayor Long so ordered.

RECESS/RECONVENE:

Mayor Long called a brief recess from 8:30 P.M. to 8:40 P.M.

CODE AMENDMENT (CASE NO. ZON2004-00265): AMENDMENT TO VARIOUS SECTIONS OF TITLE 17 (ZONING) TO REGULATE THE USE OF CARGO CONTAINERS ON PUBLIC AND PRIVATE PROPERTY (1801 x 1203)

Assistant City Manager/City Clerk Petru reported that the public hearing had been continued from December 5, 2006.

Associate Planner Fox presented a brief staff report.

Mayor Pro Tem Stern suggested that additional latitude be given to the Director with regard to masking and screening the cargo containers.

Director Rojas reported that there is one property with six cargo containers related to an ongoing property maintenance issue and four other properties with single containers. He indicated that most containers were not clearly visible from the street but topography creates difficulty in screening them from neighbors who can see them from above.

Mayor Pro Tem Stern received clarification that the classification of cargo containers as structures, in terms of square footage, is a policy issue.

Director Rojas stated that he recently met with Ms. Joannou and her engineer who is attempting to design a structure and stable foundation to address her property situation at 40 Cherry Hill Lane. He noted that she hired a geologist who submitted a report indicating that allowing the structure at her property site would not aggravate the landslide. He explained that the City’s geologist is reviewing Ms. Joannou’s geology report and that he is concerned because he has noticed new cracks and evidence of movement on a recent field visit to the site.

Councilman Wolowicz received clarification that cargo containers can not be used as habitable space.

City Attorney Lynch explained that unless incorporated into the design of a residence pursuant to building permits, cargo containers should not be used for human habitation and can not be stacked on top of each other.

Mayor Pro Tem Stern indicated that his understanding was cargo containers could be used as foundations or as elements of a residence using a conventional foundation.

Associate Planner Fox clarified that if cargo containers were stacked and used as habitable space they would be subject to neighborhood compatibility and all applicable building and zoning codes.

Mayor Pro Tem Stern did not feel the use of storage containers in Portuguese Bend was justified.

Councilman Wolowicz commented on differences between residences in the landslide area and in other areas and noted that he viewed the area as semi-rural. He felt cargo containers had important uses in that unique area but that they should be screened.

Mayor Long felt the constrained use being proposed was appropriate in the Portuguese Bend area and he noted that the issue could be revisited if issues of concern are raised in the future.

Councilman Wolowicz moved, seconded by Mayor Long, to 1) Provide staff with direction; and, 2) Continue the item to March 6, 2007. A roll call vote on the motion reflected the following:

AYES: Wolowicz and Mayor Long

NOES: Stern

ABSENT: Clark and Gardiner

CITY COUNCIL ORAL REPORTS

Councilman Wolowicz reported attending the Contract Cities Legislative Conferences in Sacramento and indicated that he believed it was important to participate in Contract Cities, the League of California Cities, and the South Bay Council of Governments. He stated that on January 12, 2007, he received a call from Dora DeLaRosa, the immediate past president of the Palos Verdes Peninsula Unified School District (PVPUSD) School Board, and they concluded that a meeting was necessary to have a discussion regarding school border issues and other concerns. He encouraged the City to cooperate with the PVPUSD.

Mayor Long reported that Assemblywoman Karnette had also been asked to facilitate a dialogue with the PVPUSD.

Mayor Long introduced Interim City Manager Paul Bussey who would be assisting the City until a new City Manager was selected.

Mayor Pro Tem Stern explained the term “Contract City” referred to by Councilman Wolowicz and indicated that the use of consultants was often a more economical and efficient way to facilitate projects and services for the City.

REGULAR NEW BUSINESS

Border Issues Status Report (310)

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

Mayor Long expressed support of the draft letter to be sent to the Port of Los Angeles regarding the expansion of the China Shipping project, but he requested another signatory be selected since he participates in unrelated legal work for the Port of Los Angeles.

Associate Planner Fox provided a brief staff report.

Noel Park, Rancho Palos Verdes, expressed strong support for the letter to the Port of Los Angeles and he provided maps illustrating the cancer risk model from toxic air pollution, discussed sources of diesel exhaust, and provided maps and charts containing data on increasing health risks from port pollution.

Bonnie Christensen, Board Member of the San Pedro Peninsula Homeowners United Incorporated organization and Executive Board Member of the Los Angeles Police Department Harbor Division Community Police, expressed concern with increased traffic as a result of Ponte Vista noting that 2,300 additional homes in that area were unacceptable. She reported that the Neighborhood Council had voted to keep the R-1 zoning and added that the Los Angeles Unified School District had voted for a school in the area despite the fact that their published enrollment numbers were decreasing and there were three alternative locations for the school. She expressed concern that a school in that area would bring together two rival gangs and observed that at present the 1,500 surrounding homes are relatively crime-free. She reported no public evacuation plan for San Pedro and asked the Council to approve the letter.

Janet Gunter, San Pedro, expressed support for the proposed City letter to the Port of Los Angeles regarding the China Shipping project and presented photographs illustrating that residents in Rancho Palos Verdes are directly in the view corridor of that project. She suggested that included in the City’s letter there should be a request for a public hearing so that residents can have the opportunity to speak directly to the Army Corps of Engineers regarding the project. She explained that there are more than ten expansion projects planned in the Port which will obstruct views of the coastline and additional large and polluting ships would be in the area and she encouraged the Council to make sure that representation includes the entire part of the Peninsula that is affected.

Responding to Mayor Pro Tem Stern, Ms. Gunter explained that the Army Corps of Engineers holds public hearings on the projects in Wilmington and San Pedro, but she suggested it would be beneficial to the City of Rancho Palos Verdes to have the public hearings at a location in the City so that residents could better participate. She also suggested that if hearings were held in the City there would be video coverage on the public access channels.

Don Shults, Rancho Palos Verdes, encouraged the City to be more involved with issues of harbor pollution and issues related to Ponte Vista.

Councilman Wolowicz moved, seconded by Mayor Long, to provide direction to Staff regarding draft comments on the EIR for the Ponte Vista project; and authorized Mayor Pro Tem Stern to sign the letter to the Port of Los Angeles regarding the China Shipping project.

Without objection, Mayor Long so ordered.

Councilman Wolowicz suggested that Councilman Clark might attend the next Ponte Vista meeting.

THIRD SYSTEM PERFORMANCE AUDIT OF THE 2000 CABLE TELEVISION FRANCHISE AGREEMENT WITH COX COMMUNICATIONS (605)

Mayor Long reported that he needed to recuse himself from this item as his firm does work for Cox Communications.

City Attorney Lynch pointed out that in the absence of a quorum the matter had to be continued to February 6, 2007.

EXTENSION OF MORATORIUM ON CERTAIN DEVELOPMENT WITHIN THE ENTIRE LANDSLIDE MORATORIUM AREA OUTLINED IN RED AND BLUE PENDING REVIEW OF ADDITIONAL INFORMATION (1801 x 1203)

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

Mayor Long pointed out that they were unable to act on the item as four votes were necessary for an urgency ordinance.

Director Rojas provided a brief staff report.

City Attorney Lynch explained that the Urgency Ordinance regarding this item would expire on January 23, 2007 and that staff suggests that the City geologist be directed to address applications regarding 600 square foot expansions that have been placed on hold as a result of the moratorium.

Michael Gonzales, Los Angeles, reported making a presentation at the Landslide Workshop for Charlotte Pesusich, the owner of 86 Yacht Harbor Drive and he requested that the City issue an after-the-fact permit so she could complete a remodel project that began three years ago. He asked that City staff clarify the issues to expedite the project and indicated that she is seeking a ministerial permit to legalize the property. He reported that her property was boarded up and deteriorating and he asked for Council’s permission to proceed. He explained that they were in the plan check process for a permit when the project was placed on hold.

Responding to Mayor Long, City Attorney Lynch explained that any request to legalize an illegally constructed structure was processed as if it were a new request with the addition of penalty fees.

Mayor Long questioned what the avenue of appeal was to the decision.

Director Rojas explained that staff and the applicant agreed that existing square footage was being considered but there was a disagreement regarding the square footage to be added to the property. He stated that staff believes the amount of the square footage requested could only be approved through the moratorium ordinance.

City Attorney Lynch explained that no additional square footage would be allowed to proceed on this project.

Responding to Mayor Long, Director Rojas indicated that staff would issue a determination of what they believe the unpermitted square footage should be and the applicant could appeal that to the City Council.

Councilman Wolowicz recalled that the owners were originally trying to correct an out of compliance condition.

City Manager Bussey clarified that after staff makes a determination, the Council can direct that the matter be brought back as an agenda item.

Director Rojas commented that the applicant acknowledged that 657 square feet of the home was not permitted, but even if staff agreed with that number they were still faced with the fact that the avenue to legalize that square footage is not available because of the current moratorium.

------------, Rancho Palos Verdes, reported sending additional information to Councilmembers about how the moratorium was affecting him financially and he explained how long the process had taken.

Joe Badame, Rancho Palos Verdes, indicated that the continuing extension of the moratorium was keeping him and his family from living in their home and he asked that they be allowed to finish their 600 foot addition.

Mayor Pro Tem Stern moved, seconded by Councilman Wolowicz, to continue the item to Saturday, January 20, 2007 at 10:00 A.M. in the Activity Room at Hesse Park.

Without objection, Mayor Long so ordered.

Councilman Wolowicz offered the speakers an avenue to have a conversation with the Director of Planning and City Attorney to address their concerns as they have valid stories.

RECESS/RECONVENE

Mayor Long called a brief recess from 10:20 P.M. to 10:28 P.M.

FY05-06 COMPREHENSIVE ANNUAL FINANCIAL REPORT AND INDEPENDENT AUDITORS’ REPORT ON COMPLIANCE AND INTERNAL CONTROL (602)

Director McLean presented a brief overview of the staff report.

Responding to Mayor Pro Tem Stern, Director McLean explained that there was a side fund liability that had grown from $1.5 million in June 2005 to $1.9 million in June 2006. He reminded Council that they had assigned the Finance Advisory Committee (FAC) with the task of reviewing pension alternatives and options regarding the side fund liability and that staff would be presenting several options for review at the next FAC meeting.

Interim City Manager Bussey indicated that he was not aware of any City that did not have the side fund liability or unfunded liability, but noted there were a number of options to pay off that liability. He stated that the FAC and staff were reviewing possible pay off options.

Mayor Long noted that the unfunded liability of the City of Rancho Palos Verdes was far lower than most cities and most of the City’s pension obligations were funded.

Councilman Wolowicz reported meeting with the Governor‘s Director of Communications regarding a committee to study unfunded pensions. He stated his preference of disclosing the unfunded liability in the footnotes in the future and asked staff to return with additional information regarding the unfunded liability. Councilman Wolowicz reported favorable variances in revenue and expenses but pointed out a decrease of approximately $500,000 in General Fund reserves. He observed that staff anticipated another decrease during the course of the current year and he pointed out a $17 million increase in assets for the open space that the City acquired. He received clarification that $6 million was taken out of the Construction and Maintenance which was moved to fixed assets for the Point Vicente Interpretive Center.

The Council discussed the 10% increase to the 1911 Act Fund in the current year noting that the effect of the decision to spend it down by offering rebates to residents had not taken place yet but would occur during 2006-2007. Council noted that given the way the assessments were made, it would take about 30-40 years to spend the fund down but the City Council was pleased to be able to offer some benefit from taxes.

Mayor Wolowicz encouraged reading the new statistical section of the report and he inquired if there were any violations of the internal controls.

Kevin Pulliam, audit partner of Vavrinek, Trine, Day & Company, was introduced.

Councilman Wolowicz stated that no management letter was issued by the auditors and asked Mr. Pulliam whether he had any further comments to add.

Mr. Pulliam stated that, as with any audit, they found small things throughout the process, but they did not find any significant findings that warranted a management letter and no reportable conditions were discovered to bring to the attention of the Council.

Councilman Wolowicz asked if the firm’s clients were moving towards the formation of audit committees.

Mr. Pulliam said that their government client base ranges from smaller contract cities, like the City of Rancho Palos Verdes, to large urban cities and the existence of audit committees varied. He indicated that, in general, cities like Rancho Palos Verdes do not have audit committees. Mr. Pulliam added that some cities maintain audit committees that really serve as finance committees, whereby, one or two council members meet with city management to discuss financial matters and the audit.

Councilman Wolowicz asked Mr. Pulliam if their firm had seen an increase in the formation of audit committees.

Mr. Pulliam answered that their firm had not seen an increase.

Mayor Long thanked staff for an excellent report and he recommended residents read the Comprehensive Annual Financial Report if they were interested in the financial position of the City.

Councilman Wolowicz moved, seconded by Mayor Pro Tem Stern, to 1) Receive and file the following: the FY05-06 Comprehensive Annual Financial Report of the City of Rancho Palos Verdes, and the Independent Auditors’ Report on Compliance and on Internal Control over Financial Reporting; and 2) ADOPT RESOLUTION NO. 2007-02, AMENDING RESOLUTION NO. 2006-41, THE BUDGET APPROPRIATION FOR FY06-07, TO INCREASE BUDGETED REVENUE IN THE GENERAL FUND.

A roll call vote on the motion reflected the following:

AYES: Stern, Wolowicz and Mayor Long

NOES: None

ABSENT: Clark and Gardiner

ESTABLISHMENT OF AN OVERSIGHT COMMITTEE FOR THE WATER QUALITY AND FLOOD PROTECTION PROGRAM (106 x 602)

Director McLean presented a brief staff report.

Interim City Manager Bussey expressed the prudence of establishing an Oversight Committee for the Water Quality and Flood Protection Program so the public understands the seriousness of the issues related to storm drain repairs.

Responding to Mayor Pro Tem Stern, Director McLean indicated that staff’s preference would be to have five members on the Committee.

Mayor Long indicated that Councilman Gardiner had suggested that each Councilmember appoint a committee member to speed up the process, but he stated that he did not support that type of oversight committee.

Councilman Wolowicz expressed opposition to Council members appointing members and supported the process typically used to pick Commissioners. He questioned if staff anticipated interest from any of the FAC members to join the Oversight Committee.

Director McLean indicated that option was a policy matter for the Council to decide.

Councilman Wolowicz believed it would be unusual for someone to serve on both committees, but he supported the staff recommendation and he inquired if a list of specific tasks had been developed.

Interim City Manager Bussey indicated that there was enough information available to go ahead with recruitment.

Mayor Pro Tem Stern moved, seconded by Councilman Wolowicz, to establish an Oversight Committee for the Water Quality and Flood Protection program consisting of five members selected by the full Council with staggered two-year and four-year terms; and 2) Authorize staff to begin a 30-day recruitment to fill the vacant positions. Hearing no objection, Mayor Long so ordered.

CONSIDER CANCELLATION OF THE JANUARY 20, 2007 CITY COUNCIL MEETING AND SELECTION OF A NEW DATE FOR INTERVIEWS OF CITY MANAGER CANDIDATES (307)

Councilman Wolowicz moved, seconded by Mayor Pro Tem Stern, to reschedule the date for interviews of City Manager Candidates to Saturday, February 17, 2007 at 9:00 AM at Hesse Park.

Without objection, Mayor Long so ordered.

ITEMS PULLED FROM THE CONSENT CALENDAR:

Channel 33 Workshop (305)

Mayor Pro Tem Stern and Councilman Wolowicz expressed reluctance to proceed with discussion of this item without the presence of Councilman Gardiner.

Mayor Long reported discussing the matter with Councilman Gardiner who did not want the matter delayed until late February.

Interim City Manager Bussey indicated that Councilman Gardiner wanted them to proceed.

Mayor Long suggested obtaining input from Councilman Gardiner on the staff report planned for January 27, 2007.

Mayor Pro Tem Stern moved, seconded by Mayor Long, to set the date of Saturday, January 27, 2007 starting at 9:00 A.M. at the Point Vicente Interpretive Center for a workshop on Channel 33.

Without objection, Mayor Long so ordered.

Hesse Park Wall Waterproofing (1201 x 1204)

Director Bell reported that staff pulled this item from the consent calendar because the contract for the item had not been included with the original staff report. He noted that the contract had been distributed prior to the start of the meeting as part of the late correspondence.

Mayor Pro Tem Stern requested that in future staff reports the recommendation reflect the full amount of the contract as well as the additional amount of money to be approved for unforeseen circumstances, so that the ultimate cost of the contracted work would be clear.

Councilman Wolowicz moved, seconded by Mayor Pro Tem Stern, to 1) Award a construction contract to Kronos Painting, Inc. for the waterproofing of the northeastern wall of the Hesse Park Community Center and provide an additional amount of $10,000 for unforeseen conditions; and 2) Authorize the Mayor and City Clerk to execute the contract.

Without objection, Mayor Long so ordered.

Hesse Park Restroom ADA Compliant Remodel (1201 x 1204)

Director Bell reported that staff pulled this item from the consent calendar because the contract for the item had not been included with the original staff report. He noted that the contract had been distributed prior to the start of the meeting as part of the late correspondence.

Councilman Wolowicz moved, seconded by Mayor Pro Tem Stern, to 1) Award a construction contract to Creative Home Interiors, Inc. for the remodel of the restrooms at Hesse Park Community Center to make them ADA compliant and provide an additional amount of $10,000 for unforeseen conditions; and 2) Authorize the Mayor and City Clerk to execute the contract.

City Advisory Board Recruitments (106)

Mayor Long suggested that since the establishment of an Oversight Committee had been authorized at the current meeting, Council should adopt the recommendation to direct staff to conduct all recruitments and proceed in the manner as recommended.

Councilman Wolowicz moved, seconded by Mayor Pro Tem Stern, to 1) Authorize staff to conduct recruitments for the Traffic Safety Commission and Equestrian Committee in January/February 2007; 2) Tentatively schedule interviews for the Traffic Safety Commission and Equestrian Committee between 6:00 P.M. and 7:00 P.M. prior to the March 6 and 20, 2007 City Council meetings; and 3) Authorize staff to conduct a recruitment for the Emergency Preparedness Committee in April 2007.

Without objection, Mayor Long so ordered.

Acceptance of Two Easements that Cross the Terranea Property and Agree that these Easements Shall be Subordinate to the Easement for the Flowerfield Trail (450 x 1804)

City Attorney Lynch indicated that initially staff understood that the lenders wanted subordination agreements to be executed by the County even though the City owned the easements. She explained that there was the necessary clarification made and the requested direction was for the City to authorize the Mayor to execute the subordination, so that the City will own the easement for the Flowerfield Trail, the easement for the storm drain and the easement for the sewer, so that all three easements coexist for the intended purposes. She explained that if this action were not taken, the Coastal Commission would not issue the Coastal Permit for the Terranea Property.

Mayor Pro Tem Stern moved, seconded by Councilman Wolowicz, to authorize the Mayor to sign the subordination.

Without objection, Mayor Long so ordered.

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

None.

CLOSED SESSION REPORT:

City Attorney Lynch reported that Councilmembers Gardiner and Clark were absent from closed session, but in consideration of the Monks case those members present unanimously agreed to have the City enter into remediation. She reported that with respect to the Fender matter the Council unanimously directed the City Attorney’s office to proceed to have a receiver appointed; with respect to the approval of the right of entry and hold harmless agreement for the Brunell matter, the Council unanimously directed that the documents be approved and the Mayor be authorized to sign them; and, regarding the property at 31 Narcissa Drive a report was given but no action taken. She reported that a personnel issue was discussed regarding the list of candidates for the City Manager position and the Council authorized adding additional candidates.

ADJOURNMENT:

At 11:29 P.M., the meeting was adjourned to Monday, January 22, 2007 at 6:00 P.M. at Fred Hesse Community Park, 29301 Hawthorne Boulevard for an adjourned regular meeting.

/s/ Thomas D. Long

Mayor

Attest:

/s/ Carla Morreale

City Clerk