JANUARY 30, 2007 CITY COUNCIL MINUTES JANUARY 30, 2007 CITY COUNCIL MINUTES JANUARY 30, 2007 CITY COUNCIL MINUTES

MINUTES
RANCHO PALOS VERDES CITY COUNCIL
ADJOURNED REGULAR MEETING
JANUARY 30, 2007

The meeting was called to order at 7:11 P.M. by Mayor Long at Fred Hesse Community Park, 29301 Hawthorne Boulevard. Roll call was answered as follows:

PRESENT: Clark, Stern, Wolowicz and Mayor Long

ABSENT: Gardiner

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

FLAG SALUTE:

The Flag Salute was led by Councilman Clark.

APPROVAL OF AGENDA:

Councilman Wolowicz moved, seconded by Councilman Clark, to approve the Agenda. Without objection, Mayor Long so ordered.

MAYOR’S ANNOUNCEMENTS:

None.

RECYCLE DRAWING:

Mayor Long announced recyclers of the month Michael Moschos and Jim Sarner. 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:

Sunshine, Rancho Palos Verdes, encouraged the Council to make policy decisions so that the Open Space Planning Recreation and Parks Task Force could move forward on updating the conceptual trails plan and trails network plan.

CITY MANAGER REPORT:

None.

APPROVAL OF CONSENT CALENDAR:

Councilman Wolowicz requested that Item 4 be pulled for discussion.

Mayor Pro Tem Stern moved, seconded by Councilman Clark, to approve the Consent Calendar with Item 4 moved to the end of the agenda for discussion. The motion carried on the following roll call vote:

AYES: *Clark, Stern, Wolowicz and Mayor Long

NOES: None

ABSENT: Gardiner

*Councilman Clark abstained from voting on the minutes of March 7, 2006 as he was not present at that meeting.

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 March 7, 2006 and March 21, 2006.

Notice of Completion – City Hall Sewer Lateral Rehabilitation (1204 x 604)

1) Accepted the work as complete; 2) Authorized the City Clerk to file a Notice of Completion with the County Recorder; 3) ADOPTED RESOLUTION NO. 2007-05, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION 2006-41, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2006-2007, FOR A BUDGET ADJUSTMENT OF $9,959.85 TO THE CITY’S GENERAL FUND FOR THE REPAIR OF SEWER LATERALS AT THE CITY HALL COMPLEX; and, 4) Authorized the Director of Public Finance to release payment in full to Bob and Marc Plumbing in the amount of $60,359.85.

Notice of Completion – McCarrell Canyon Channel Improvements (1204)

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

Notice of Completion for the Fence Repair Project at PVIC and Abalone Cove Shoreline Park (1204 x 1201)

1) Accepted the work done by Harris Steel Fence for the repair of the cliff top fence at PVIC and Abalone Cove Shoreline Park as completed; 2) Authorized the City Clerk to file the attached Notice of Completion with the Los Angeles County Recorder; and if no claims are filed within 35 days of recordation of the Notice, City Clerk shall notify Harris Steel Fence to exonerate both the Payment and Performance Bonds; and, 3) Authorized the Director of Public Works to release the 10% retention payment to Harris Steel Fence, 35 days after recordation of the Notice of Completion by the City Clerk at the Los Angeles County Recorder’s office, contingent on no claims being filed against the project.

Approval of Membership in the California JPIA for Area B Disaster Management (401)

Authorized the Mayor, as the City Council’s delegate to the California Joint Powers Insurance Agency, to vote in favor of Area B Disaster Management being accepted as a new member.

OTS Grant Application (1204 x 602 x 1502)

Accepted the attached Office of Traffic Safety grant application and approved its use should the grant be awarded; and, ADOPTED RESOLUTION NO. 2007-06, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES SUPPORTING THE APPLICATION TO THE STATE OFFICE OF TRAFFIC SAFETY GRANT APPLICATION.

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PUBLIC HEARINGS:

Appeal of Approval Planning Case No. ZON2006-00227-Revision (Non-Commercial Amateur Radio Antenna Permit): Request to Overturn the Planning Commission’s Approval of a 112.67-Foot-Tall Amateur Radio Antenna Tower and 280-Square-Foot Emergency Communications Center Adjacent to the “Palos Verdes On The Net” Studio Building in Upper Point Vicente Park (1801 x 1201)

Associate Planner Fox provided a summary of the staff report. Mayor Pro Tem Stern received clarification that the height of the tower would be consistent with the prior resolution, except when it was extended for testing.

At 7:25 P.M. Mayor Long declared the public hearing open.

Will Bollard, attorney for the La Cresta Pointe Homeowners Association, reiterated their request to relocate the antenna tower to San Pedro Hill. He requested that if the tower could not be relocated it be reduced in height to a four section tower which fully extends to a maximum of 100 feet since the tower being considered exceeds the original Council recommendation. He asserted that the permit as approved did not fairly balance the effects of the tower on the character of the neighborhood and he did not appreciate the increased girth of the tower as the height of the tower increases. He requested that the less intrusive alternative be chosen; noting that a visual impact study had not been done for a height of 112 feet.

Councilman Wolowicz pointed out that in other than an emergency situation, the tower would be fully extended to its maximum height only six times per year for maintenance, and when possible that extension would occur only at night. He stated that he appreciated the request to place the tower in an alternate location, but noted that the purpose of the tower was for use in emergencies and the most effective placement of the tower would be close to the current location of the central system.

The Council discussed the actual height of the tower; aesthetic issues vs. the purpose of the tower; the distance of the homes closest to the tower; possible relocation of the tower vs. weakening the ability to communicate; and the tower as it related to the view restoration and preservation ordinance. Jack Karp, Planning Commissioner, Rancho Palos Verdes, spoke in favor of the staff recommendation. Mel Hughes, Emergency Preparedness Committee Member, Rancho Palos Verdes, asserted that the proposed location provided the most effective communication to the largest area and that the visual impact of the latest proposal would be an improvement over the original consideration. He expressed concern about costs associated with a heavier duty tower and suggested using the middle weight tower because large antennas were not proposed to be used. Dale Hanks, Disaster Communications Officer for the County of Los Angeles in Rancho Palos Verdes, distributed a survey and photograph to illustrate the visual impact and effectiveness of the antenna. He explained that the ability to communicate with the northern area of the city is very much affected by the height of the antenna and when the tower is at its nested height of 72 feet it already meets criteria and does not need to be increased in size. Responding to Councilman Wolowicz regarding whether the antenna was designed to cover residents along Palos Verdes Drive South, Mr. Hanks clarified that the shadow of San Pedro Hill would be a problem no matter what choice was made. At 7:50 P.M. Mayor Long declared the public hearing closed.

Council discussion centered on costs of the different sizes of the towers, structural stability and integrity, and balancing visual impacts with emergency response ability.

Councilman Clark stated that he believed staff had effectively worked to dramatically mitigate visual concerns for the neighborhood.

Councilman Wolowicz did not discount neighborhood concerns, but stated that the element of safety was of higher importance than issues regarding the view.

Mayor Pro Tem Stern moved, seconded by Councilman Wolowicz, to ADOPT RESOLUTION NO. 2007-07, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION’S APPROVAL OF THE REQUESTED NON-COMMERCIAL AMATEUR RADIO ANTENNA PERMIT, as amended to increase the structural strength of the antenna tower as recommended by staff. The motion passed on the following roll call vote: AYES: Clark, Stern, Wolowicz and Mayor Long

NOES: None

ABSENT: Gardiner

CITY COUNCIL ORAL REPORTS:

Councilman Wolowicz reported on attending the following: a meeting with Jack Cameron and Greg Delgado on January 17, 2007, regarding the proposed Nantasket Drive subdivision; a meeting with Interim City Manager Bussey that same day; the Palos Verdes Peninsula Transit Authority Board meeting on January 18, 2007; and an Advisory Committee Meeting related to the Ponte Vista Project on January 18, 2007. He noted that the City of Rancho Palos Verdes had great concern about the size of the Ponte Vista project, and while the City does not have a formal vote on the matter they are represented by three homeowners associations in the vicinity of Western Avenue, and information from the meeting would be transmitted to Councilwoman Janice Hahn. Councilman Wolowicz reported that the City Council held a special meeting regarding the landslide moratorium on January 22, 2007 and he attended the South Bay Cities Council of Governments meeting on January 25, 2007.

Mayor Long reported meeting with the Assistant City Manager/City Clerk Petru and Interim City Manager Bussey to discuss the agenda and he attended the opening of the Peninsula Senior Center. Mayor Pro Tem Stern reported on attending the following: the Los Angeles West Vector Control Board meeting on January 11, 2007; a meeting with the negotiating team regarding the acquisition of land for open space on January 23, 2007; and he participated with the Mayor in a full day of discussion regarding the Monks case on January 24, 2007.

Councilman Clark reported on his attendance at the following events: visiting the new Peninsula Senior Center on January 20, 2007, at Upper Point Vicente Park; attending the grand opening of the model home for the Tuscan Village, which is the 13 residential subdivision project on Palos Verdes Drive West adjacent to the border of Palos Verdes Estates, on January 26, 2007; and, attending a very effective City Council Workshop regarding Channel 33 on January 27, 2007.

RECESS/RECONVENE

Mayor Long called a brief recess from 8:07 P.M. to 8:19 P.M.

REGULAR NEW BUSINESS:

FORRESTAL MANAGEMENT PLAN (1201)

Principal Planner Mihranian presented the staff report and provided a brief history of the Forrestal Management Plan.

Responding to Mayor Long, Principal Planner Mihranian explained that some trails were closed because of safety concerns and once the trail repairs were complete, staff planned to place the issue regarding the consideration of bike use on the trails on an agenda. He explained that there were concerns with visibility and steepness on the Pirate Trail, visibility problems along the Mariposa Trail, and a sharp curve and a cliff by the Flying Mane Trail. Councilman Wolowicz received clarification about which trails were open to bikes.

Responding to Councilman Clark, Principal Planner Mihranian clarified that staff recommended delaying the opening of all of the trails to bikes in order to allow the Public Use Master Plan (PUMP) Committee to make their review as they may have a different perspective. He explained that staff did not want to cause confusion or prejudge what the PUMP Committee might recommend by opening all trails for bike use. Responding to safety concerns raised by Councilman Wolowicz with regard to cement drainage swales, Principal Planner Mihranian explained that City staff had considered removing them, but when the options were reviewed, the optimal choice was to retain and repair the swales so they were operable. Director Bell reported that the swale repair work was complete and he planned an upcoming site inspection.

Councilman Wolowicz requested that the City geologist examine Klondike Canyon before repairs are made to one trail.

Principal Planner Mihranian explained that before any work commenced, a site visit with the City geologist would be scheduled. He added that the areas where the swale had deteriorated have been piped so that water could continue to flow without interruption, and there were plans to stabilize the slope by planting vegetation which would also help screen the drainage swales. Mayor Long inquired why an additional study was necessary before the opening of all the trails to bike use on a trial basis.

Councilman Clark stated that the real issue with respect to the seven trails was if they were to be opened on a trial basis the PUMP Committee would still be reviewing them.

Speakers who supported opening the trails included: Barbara Dye, Becky Harper, Katie Endicott, Bob Endicott, Mark Mattews, John Heely, Dan Lindberg, James Riley, George Hicks, Ruth Braswell, Don McCammick, Mary Elwell, Brad House, David Tom, and Troy Braswell. Speakers indicated that the approved management plan called for a yearly review with recommendations for changes; suggested comment forms to receive feedback for additional monitoring; reported that a Cal State University Long Beach professor was interested in studying trail uses to monitor impacts of different recreational uses on the wildlife around the trails which would help in the creation of guidelines; noted that bikers had worked hard to improve the trails to make them safe; noted that opening the trails would be beneficial to PUMP to see how bikes impact the upper trails; indicated that it was unfair to segregate the trails; pointed out an historical precedent of multi-use of the trails for many years with little conflict; questioned why safety concerns were mentioned as a reason for having the trails closed when there have been no reports of bike injuries on the trails at all; noted that a large amount of trail work was done by hikers and bikers based on the recommendations of advisory committees with the promise that the trails would be opened once repairs were made; and, acknowledged current safety issues with the Pirate Trail and the Flying Mane Trail.

Ann Shaw, PUMP Committee Member, Rancho Palos Verdes, reported that the PUMP Committee is a City Committee appointed to determine trail usage. She expressed regret that the item had not been on the PUMP Committee agenda at the last meeting, which meant they could not make a recommendation, but she indicated that the Committee was opposed to the CORBA recommendation on a temporary basis until they have had the opportunity to study the entire preserve. Dave Wiggins, Sierra Club spokesman, indicated that the Sierra Club supports the adoption of the staff recommendation to wait for the decision from the PUMP Committee regarding comprehensive trail use throughout the Portuguese Bend Nature Preserve. He indicated there were safety and habitat concerns that could be addressed by the PUMP Committee and he asked the Council to follow their own policy established two years ago.

Councilman Clark questioned what kind of monitoring could be used to effectively study the issues related to trail use. Director Rojas explained that PUMP Committee members and the Palos Verdes Peninsula Land Conservancy (PVPLC) would monitor the trail use and he could request public feedback from a listserve group comprised of interested parties including homeowner associations in the area.

Councilman Clark moved, seconded by Mayor Long, to approve the trial use of the seven trails that have been improved and identified in the staff report concurrent with forwarding the recommendation to the PUMP Committee for further analysis in review of the overall comprehensive plan for the Forrestal Nature Preserve and include a monitoring program to provide some consistency and diversity of input to the PUMP Committee in terms of that trial usage. Councilman Wolowicz expressed disappointment that a representative from the equestrian community was not present to provide insight into the issue and he queried whether equestrians would be allowed to use Trail L1-4 and if they were aware that action was being taken. Principal Planner Mihranian reported that he had not received inquiries from the Equestrian Community. He indicated that in 2004 the neighborhood around the Forrestal Nature Preserve had wanted limited access for equestrian use and a compromise was struck so that the back half could be used for that purpose. Councilman Wolowicz expressed safety concerns with the narrowness of certain trails and he questioned whether repairs had been made to prevent a potential encounter between a biker and a horse. Principal Planner Mihranian indicated that, Richard Bara who serves on the Forrestal Advisory Board and Equestrian Committee had voted in favor of the trail changes.

Mayor Long received clarification that improvements were made to address safety concerns and there were no safety issues that warranted keeping the trails closed.

Principal Planner Mihranian stated that the only area of concern would be the steepness of the slope on the Pirate Trail. He indicated that downhill riders might need to walk their bikes in that location and only ride uphill. He suggested that Council should receive additional input from Barbara Dye with the PVPLC to see if there were other concerns.

Barbara Dye, Executive Director of the PVPLC, indicated that the PVPLC was comfortable with the work that had been done on the trails and discussed improvements and specific areas of concern. Responding to concerns raised by Councilman Wolowicz about usurping the PUMP Committee’s decision, Ms. Dye felt it prudent to let the process go forward. She stated that the process was working and she had nothing but compliments for the PUMP Committee which was looking at trail configurations and usages throughout the area including trails at Trump National and Shoreline Park. Mayor Pro Tem Stern indicated that public comment was helpful and he supported opening the trails on a trial basis because he believed that would help staff formulate the final decision regarding which trails should be open for which uses, instead of relying on assumptions. He noted that the PUMP Committee was expected to evaluate all aspects related to the trails and the Council was not suggesting any particular outcome. He stated that the final Forrestal Management Plan might not include all aspects that are included at this point and he requested that there be more discussion on making the Quarry Trail pedestrian only and the addition of some restrictions on the Pirate Trail.

Councilman Clark clarified that his motion did not take away any responsibility and review capability from the PUMP Committee and he pointed out that the situation would be different if Council was approving the permanent opening of the trails for bike use. He expressed willingness to modify his motion to include requirements to walk bikes downhill in appropriate areas on the Pirate and Quarry Trails in order to address safety concerns. Mayor Long accepted the amendment as the seconder of the motion. He pointed out that bike use was always subject to review and any use that abused the trail would cause a problem. He noted that he did not want to take responsibility away from the PUMP Committee and he hoped the review would be done without bias. He stated that the trial period would allow judgment of uses to be based upon the facts of how the uses actually work in the area. Director Rojas indicated that temporary use of the trails would last until the PUMP Committee conducted a review and made its recommendation in the Fall of 2007. Councilman Wolowicz inquired about the necessity of closing some of the trails during the rainy season or right after storms.

Principal Planner Mihranian indicated that type of review was part of the continuous monitoring program and trails would be closed during or after the rainy season if necessary.

Ms. Dye clarified that such a determination was the responsibility of the PVPLC.

Councilman Clark moved, seconded by Mayor Long, to 1) Approve bicycle use on the Flying Mane (A14), Mariposa (A15), Cristo Que Viento (A16), Pirate (L1), Coolheights (L2), and Basalt (L4) trail segments, with the restriction that bicycles shall be walked downhill on designated portions of the Pirate (L1) trail segment and that the Quarry (L3) trail segment shall be limited to pedestrian use only; 2) forward these trail segments to the PUMP Committee for review as part of the overall Portuguese Bend Nature Preserve; and, 3) direct staff to implement a monitoring program of bicycle use on the six trails listed above during the PUMP Committee’s review. The motion passed on the following roll call vote:

AYES: Clark, Stern, Wolowicz and Mayor Long

NOES: None

ABSENT: Gardiner

Councilman Wolowicz reiterated his concerns about the swales. Principal Planner Mihranian clarified that when the report was prepared by the PVPLC the repair work had not started, but subsequently the work was completed. He added that the Crystal Trail is a trail the City would like to complete as it would provide the equestrians with a trail loop. He indicated that since the repair work has been completed, staff would research the construction of a trail in the area which would include an environmental review.

Mayor Long inquired if staff still wanted the project list approved because the rerouting had not taken place.

Councilman Wolowicz reiterated that he did not want to see any work proceeding on the Klondike Crossing without the City geologist being involved since he believed that any earth movement could impact the area.

Principal Planner Mihranian indicated that typically staff would not consult a geologist for Project 14, but since Councilman Wolowicz had raised the concern staff would add that aspect of review. He explained that moving a barrel or two of earth was very minor, but staff could consult with the City geologist over the phone and the matter would not take considerable review.

Mayor Pro Tem Stern moved, seconded by Councilman Clark, to 1) Amend the Trails Network Plan to reroute the Canyon View Trail (A13), as recommended by the Forrestal Advisory Board; 2) Approve the proposed 2007 Trails Project List; and, 3) Receive and file the 2005-2006 Annual Management Report submitted by the Palos Verdes Peninsula Land Conservancy. A roll call vote reflected the following:

AYES: Clark, Stern, Wolowicz and Mayor Long

NOES: None

ABSENT: Gardiner

RECESS/RECONVENE

Mayor Long called a brief recess from 10:01 P.M. to 10:13 P.M.

Authorization for the Palos Verdes Peninsula Land Conservancy to File a Sign Permit Application to Install a Permanent Sign on City Property (305 x 1203)

Assistant City Manager/City Clerk Petru reported that staff had requested a continuance of this item.

Mayor Pro Tem Stern moved, seconded by Mayor Long, to continue the item with direction to staff to work with the Palos Verdes Peninsula Land Conservancy to address the issues raised by the City of Rolling Hills Estates.

Without objection, Mayor Long so ordered.

Oversight Committee for the Water Quality and Flood Protection Program – Scope of Responsibilities (602)

Director McLean provided a brief summary report. Councilman Clark moved, seconded by Mayor Pro Tem Stern, to adopt the proposed scope of responsibilities of the Oversight Committee for the Water Quality and Flood Protection program. Without objection, Mayor Long so ordered.

Emergency Center Communication Antenna (1801 x 1201)

Assistant to the City Manager Park provided a brief staff report.

Mayor Pro Tem Stern moved, seconded by Councilman Wolowicz, to ADOPT RESOLUTION NO. 2007-08, AS AMENDED, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 2006-41, THE BUDGET APPROPRIATION FOR FY06-07, TO INCREASE THE EMERGENCY PREPAREDNESS PROGRAM BUDGET BY $29,300 FOR THE EMERGENCY COMMUNICATION CENTER ANTENNA ASSEMBLY. The motion passed on the following roll call vote:

AYES: Clark, Stern, Wolowicz and Mayor Long

NOES: None

ABSENT: Gardiner

Clarification of the City’s Expense Reimbursement Policies for City Officials

(306 x 1202)

Mayor Long reported that Councilman Gardiner had originally raised this issue and he suggested continuing the item to a time when Councilman Gardiner was present.

City Attorney Lynch stated that the proposed resolution augmented existing City policy which was consistent with State law although there could be differences of opinion regarding the automobile reimbursement issue. She reported that AB1234 requires actual documentation for all expenses, but another section of the Government Code allows for a flat reimbursement for auto expenses. She stated that Council should decide if they want to be conservative regarding this matter or continue the existing flat monthly auto allowance.

Mayor Pro Tem Stern stated it was his understanding that AB1234 failed entirely to address the code provision addressing the auto allowance.

City Attorney Lynch indicated that she was waiting to see if the State Legislature would correct that issue.

Mayor Pro Tem Stern observed that one of the virtues of the flat reimbursement was time savings over small amounts of money, but he did not want to swap out a simple method for a burdensome method and inadvertently impose cost on the public while attempting to lessen costs. Director McLean estimated that it would take 10 additional staff hours per month to process 10 requests for reimbursement. Interim City Manager Bussey agreed that processing takes time as there are always questions or receipts missing. Councilman Clark suggested the Council reasonably update the monthly stipend for gasoline costs and that City Attorney Lynch investigate how other cities are interpreting the matter. City Attorney Lynch stated that some cities eliminated flat reimbursement and converted to the processing of receipts and others retained the use of a flat rate for auto allowance. She pointed out that the Council should consider if a sufficient amount has been allotted for the auto allowance. Mayor Pro Tem Stern moved, seconded by Councilman Clark, to continue the item to a date when all five Council members would be present to discuss the matter. Without objection, Mayor Long so ordered.

City Council Rules of Procedures (307)

Assistant City Manager/City Clerk Petru reported that a revised resolution had been provided on this item in the late correspondence materials. She stated an amendment had been made to Section 4 to state that the resolution amends the specified sections of Resolution 2006-06. Mayor Long pointed out that City Council Oral Reports was to be moved down to be considered prior to the Closed Session Report. Mayor Pro Tem Stern and Mayor Long expressed support for the change to the rule that when items are removed from the Consent Calendar, they should be placed at the end of the agenda, unless there are speakers. Mayor Long proposed placing City Council Oral Reports toward the end of the agenda. He noted that the general purpose of the proposed changes is to get to the items on the agenda that are of interest to the public more quickly so that people submitting speaker slips will not give up and go home because it takes so long to get to the items. Councilman Clark suggested Councilmembers reflect upon ways to more efficiently and effectively communicate their thoughts in a timely manner.

Councilman Wolowicz stated that he viewed City Council Oral Reports as a chance to inform Councilmembers and the public of decisions made by boards of other governmental agencies and organizations. He expressed concern that the public might not be watching the meeting if the Oral Reports are moved to a later spot on the agenda. He appreciated the suggestion that Councilmembers submit written reports, but noted he did not have time to write the reports and indicated he would be submitting the minutes for the other boards he sits on instead. Mayor Long pointed out the Council rule that no new business item be considered after 11:00 P.M. and no business be conducted after midnight unless a majority of Councilmembers present voted in favor of waiving the rules. He suggested that if there was an important item that should be discussed before the Oral Reports section, a request could be made and the item reported on during the Mayor’s Announcements.

Mayor Pro Tem Stern indicated that it was important to make information available to the public, but many items tend to be routine and much of the information is for the sole benefit of the Council. Mayor Pro Tem Stern moved, seconded by Councilman Wolowicz, to ADOPT RESOLUTION NO. 2007-09, AS AMENDED, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING THE CITY COUNCIL RULES OF PROCEDURE AND AMENDING RESOLUTION NO. 2006-06. The motion passed on the following roll call vote:

AYES: Clark, Stern, Wolowicz and Mayor Long

NOES: None

ABSENT: Gardiner

Notice of Completion – McCarrell Canyon Channel Interim Improvements (1204)

Councilman Wolowicz indicated that he was concerned with any additional costs associated with the McCarrell Canyon Channel Improvements Project and he inquired where the project stood in relation to the budget. Director Bell explained that this interim McCarrell Canyon Project is complete. He added that the interim improvements were necessary as a preliminary method ahead of the ultimate design to control the flow of boulders down the wash, and while it would not solve the overall drainage problems or protect the Bayside Property, it would address an important part of the problem with the greater solution coming forward shortly.

City Attorney Lynch explained that the City was still in the acquisition process of the property and that the trial is set for May and the Director of Public Works was still evaluating what needed to be done with respect to the larger project.

Councilman Wolowicz moved, seconded by Mayor Pro Tem Stern, to 1) Accept the work as complete; 2) Authorize 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) Authorize the Director of Public Works to release the 10% retention payment, to S.P. Pazargad Engineering 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.

Without objection, Mayor Long so ordered.

COUNCIL DISCUSSION OF FUTURE AGENDA ITEMS AND SUGGESTION OF FUTURE AGENDA ITEMS

Councilman Clark asked that staff agendize the appointment of advisory board chairs for 2007 that were unaffected by the current recruitments and the selection of a date for the Council’s Tactical Planning Workshop.

Councilman Wolowicz requested that an update on the City’s RHNA allocation be agendized for a future meeting.

CLOSED SESSION REPORT: City Attorney Lynch reported that an update was given on the Monks Trial but no action was taken; there was a discussion regarding the price and terms of payment on the Filiorum property, but no action was taken on that item.

ADJOURNMENT:

At 10:54 PM, the meeting was adjourned to Tuesday, February 6, 2007 at 6:00 P.M. at Fred Hesse Community Park, 29301 Hawthorne Boulevard.

 

/s/ Thomas D. Long Mayor

Attest:

 

/s/ Carla Morreale

City Clerk