APRIL 3, 2007 CITY COUNCIL MINUTES JAPRIL 3, 2007 CITY COUNCIL MINUTES































APRIL 3, 2007 CITY COUNCIL MINUTES

MINUTES

RANCHO PALOS VERDES CITY COUNCIL

APRIL 3, 2007


The meeting was called to order at 7:09 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 (both excused)

Also present were Carolyn Lehr, City Manager; Carol Lynch, City Attorney; Carolynn Petru, Deputy City Manager; Joel Rojas, Director of Planning, Building and Code Enforcement; Jim Bell, Director of Public Works; Dennis McLean, Director of Finance/Information Technology; Greg Pfost, Deputy Director of Planning and Carla Morreale, Deputy City Clerk.

FLAG SALUTE:

Dennis McLean, Director of Finance/Information Technology led the flag salute.

MAYOR’S ANNOUNCEMENTS:

Mayor Long announced that the City would be hosting a free composting workshop on Saturday, April 14, 2007 at the Hesse Park Fireside Room from 9 A.M. to 11 A.M.

Lieutenant Jason Lum introduced the new Captain of the Lomita Sheriff’s Station, Captain Ronene Anda.

Captain Anda introduced herself and thanked everyone for the well wishes.

RECYCLE DRAWING:

Mayor Long announced recyclers of the month Irene Miliken and Mary Horeczko. 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.

APPROVAL OF AGENDA:

Mayor Long announced that there was a lack of a quorum of Council members eligible to vote on items 13 and 18.

Moved by Mayor Pro Tem Stern and seconded by Councilman Wolowicz to approve the Agenda as amended with items 13 and 18 deferred. Hearing no objection, Mayor Long so ordered.

PUBLIC COMMENTS:

None.

CITY MANAGER REPORT:

City Manager Lehr indicated she had no report.

NEW BUSINESS

APPROVAL OF CONSENT CALENDAR:

Moved by Stern and seconded by Councilman Wolowicz to approve the Consent Calendar. The motion carried on the following roll call vote:

AYES: Stern, Wolowicz and Mayor Long

NOES: None

ABSENT: Clark and Gardiner

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 September 19, 2006 as amended by Councilman Wolowicz.

Border Issues Status Report (310)

Reviewed the current status of border issues.

Adoption of Solicitation Ordinance (202)

ADOPTED ORDINANCE NO. 453, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REGARDING SOLICITATION WITHIN THE CITY OF RANCHO PALOS VERDES AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE.

Adoption of Telecommunications Regulatory Ordinance (605)

ADOPTED ORDINANCE NO. 454, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 13.12 OF TITLE 13 OF THE RANCHO PALOS VERDES MUNICIPAL CODE BY ADDING NEW SECTIONS 13.12.140 AND 13.12.150 RELATING TO A SUPPORT FEE FOR LOCAL CABLE USAGE AND SPECIAL PROVISIONS APPLICABLE TO HOLDERS OF STATE VIDEO FRANCHISES.

Extend SCS Engineers’ Professional Services Agreement for Source Reduction and Recycling Element (SRRE) and Used Oil Block Grant Implementation, and Support Services for FY 07-08 and FY08-09 (1301)

1) Awarded a two year extension on the professional services agreement with SCS Engineers, in the amount not to exceed $25,500 for FY 07-08, and $26,500 for FY 08-09 for the implementation of the City’s Source Reduction and Recycling Element (SRRE) and Used Oil Block Grant programs, and other support services; and, 2) Authorized the Mayor and City Clerk to execute a two year extension agreement with SCS Engineers, in the amount not to exceed $25,500 for FY 07-08, and $26,500 for FY 08-09, for implementation of the SRRE and Used Oil Block Grant programs, and other support services.

Building Painting Maintenance Project [Maintenance Contract FY06-07, FY07-08 and FY08-09] (302 x 1204)

1) Awarded a Building Painting Maintenance Project Contract to A.J. Fistes in the amount of $50,000 per year for three years with three 1-year extensions by mutual agreement and adjusted with consumer price index; and, 2) Authorized the Mayor and the City Clerk to execute a contract with A.J. Fistes Corporation.

Pavement Striping Maintenance Project [Maintenance Contract FY06-07, FY07-08 and FY08-09] (1404 x 1204)

1) Awarded a Pavement Striping Maintenance Project Contract to PCI in the amount of $50,000 per year for three years with three 1-year extensions by mutual agreement and adjusted with consumer price index; and, 2) Authorized the Mayor and the City Clerk to execute a contract with PCI.

Grant for Seat Belt Compliance Campaign (602 x 1206)

Authorized the City to act as the pass-through agency for a $14,981.73 grant awarded to the Lomita Sheriff’s Station by the State Office of Traffic Safety (OTS) for the 2007 Seat Belt Compliance Campaign.

Senate Bill No. 303 – Letter of Opposition (306)

Authorized the Mayor, on behalf of the City, to send a letter in opposition to proposed Senate Bill No. 303.

February 2007 Treasurer’s Report (602)

Received and filed the February 2007 Treasurer’s Report for the City of Rancho Palos Verdes.

Register of Demands

ADOPTED RESOLUTION NO. 2007- 33, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID.

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PUBLIC HEARINGS

Code Amendment (Case No. ZON2006-00082); An Amendment to Title 17 (Zoning) to Preserve Opportunities for Future Horsekeeping in the City’s Equestrian Overlay (Q) Districts (1801 x 1808)

This item was removed from the agenda due to a lack of a quorum of Council members eligible to vote on the item.

Appeal to Planning Case No. ZON2006-00478 (Fences, Walls and Hedges Permit) at 5962 Flambeau Road [Continued from March 6, 2007] (1801)

Moved by Mayor Pro Tem Stern and seconded by Councilman Wolowicz to accept the appellant’s request to withdraw the appeal to modify the Planning Commission’s approval of a Fences, Walls and Hedges Permit (Case No. ZON2006-00478). Hearing no objection, Mayor Long so ordered.

REGULAR NEW BUSINESS

Equestrian Committee Appointments (1808)

The Council members agreed that they preferred to make the decision with at least four members present.

Deputy City Manager Petru indicated that the terms of the current Committee members ran through March 2007 but members could continue to serve until a new body was appointed.

Moved by Mayor Long and seconded by Mayor Pro Tem Stern to continue the item to April 17, 2007. Hearing no objection, Mayor Long so ordered.

Consideration of a Resolution Electing to Become Subject to the Uniform Public Construction Cost Accounting Act and an Ordinance Establishing Procedures for Bidding Procedures for Public Projects Under the Uniform Public Construction Cost Accounting Act (602 x 1204)

Councilman Wolowicz explained that the item would bring the City in line with a state act for uniform construction accounting, which raises the limits of expenditures so cities can operate more efficiently. He expressed concern about internal controls and questioned how many contracts were impacted.

Director Bell explained that the change primarily affected projects in the $5,000 to $35,000 range and he felt that having the ability to go forward without a bid document would save the City money and increase the amount of smaller jobs that could be completed. He added that the measure would reduce bureaucracy while continuing to maintain accountability and he felt it was a benefit to the community. He explained that staff solicited contractors with experience in various phases of work and the provision would increase the attention of contractors to do work in the City.

City Attorney Lynch clarified that the lists are not pre-approved but the City had a list of qualified contractors with the appropriate licenses. She indicated that those people are solicited to bid on a project and their responses and qualifications are then evaluated by the staff.

Councilman Wolowicz expressed concern that the City was foregoing internal controls. He questioned whether there were controls currently in place that would no longer be in place and whether there was any prospect that some contracts could be awarded in different phases to circumvent the intent of the contract bid limits.

City Attorney Lynch stated that project splitting to avoid the bid limit was prohibited by law.

Director McLean explained that while he delegated authorization of purchase requisition, he ultimately had to approve everything electronically before it could be forwarded on. He added that the Deputy Director of Finance and Technology reviewed every purchase requisition in the City and that staff is all mindful very mindful of not allowing contract splitting. He clarified that the system they were proposing did not change the elements of the internal control system in any way.

Moved by Councilman Wolowicz and seconded by Mayor Pro Tem Stern to 1) ADOPT RESOLUTION NO. 2007-34, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ELECTING TO BECOME SUBJECT TO THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT; and, 2) READ ORDINANCE NO. 456, “AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING TITLE 2 OF THE RANCHO PALOS VERDES MUNICIPAL CODE BY ADDING CHAPTER 2.42 TO PROVIDE FOR BIDDING PROCEDURES FOR PUBLIC PROJECTS UNDER THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT” BY TITLE ONLY, WAIVE FURTHER READING, AND INTRODUCE THE ORDINANCE. The motion passed on the following roll call vote:

AYES: Stern, Wolowicz and Mayor Long

NOES: None

ABSENT: Clark and Gardiner

Regional Housing Needs Assessment Status Report (701)

Deputy Director Pfost explained that he wanted the Council to withdraw the City’s appeal of its RHNA allocation, as he felt it could negatively affect the City’s relationship with other South Bay cities. He indicated that as a result of changes to the process, the appeal would be heard by South Bay Cities Council of Governments (SBCCOG) rather than the Southern California Association of Governments (SCAG), which meant that if the appeal was granted, the City’s 37 units would be redistributed to the other cities in the SBCCOG area, who would have to absorb them. He noted that before the process was changed, the units would have been absorbed by the entire SCAG region rather than just the South Bay area, which would have made much less of an impact. In response to a question from Mayor Long, he indicated that the major advantage of SBCCOG accepting delegation is that when the 29,000 units currently under appeal are reallocated within the SCAG region, SBCCOG would be exempt from having to accept any of these reallocated units.

Councilman Wolowicz reported attending a SBCCOG meeting where the issue was discussed and SCAG staff indicated that it had sent the matter to SBCCOG because it did not have the resources to defend itself from the lawsuits that would be filed against it by other cities unhappy with their allocations. He suggested that allocations within the SBCCOG could be beneficial to the City.

Deputy Director Pfost agreed that the City could trade within the SBCCOG area.

Moved by Councilman Wolowicz and seconded by Mayor Pro Tem Stern to Provide that the South Bay Cities Council of Governments (SBCCOG) obtain “Delegation” authority and the “Revision” process as proposed through Senate Bill No. 12 is signed by the Governor of California, direct Staff to send letters to the Southern California Association of Governments (SCAG) and the SBCCOG, notifying such agencies that the City hereby withdraws its “Appeal” of the City’s allocated RHNA construction need but still desires to pursue a change in the City’s allocated RHNA construction need through the “Revision” process. A voice vote reflected unanimous approval.

Third System Performance Audit of the 2000 Cable Television Franchise Agreement with Cox Communications (605)

This item was removed from the agenda due to a lack of a quorum of Council members eligible to vote on the item.

CITY COUNCIL ORAL REPORTS

Mayor Long deferred his Oral Report.

Councilman Wolowicz reported attending a luncheon at the Lomita Sheriff’s Station honoring Captain Zuanich on March 21st. He reported later that day he attended a Contract Cities meeting in Compton and minutes of that meeting were available to the Council. On March 22nd he met with the City Manager and Director of Finance to discuss Pension and Health cost issues and he found their comments to be helpful and insightful.

Mayor Pro Tem Stern reported a meeting on April 2nd with Joel Rojas, Melendrez representatives and Barbara Dye on the Visioning Plan and he indicated that Director Rojas would keep the Council updated on future developments.

COUNCIL DISCUSSION OF FUTURE AGENDA ITEMS

None.

CLOSED SESSION REPORT:

City Attorney Lynch reported that the City Council had directed her to negotiate a settlement regarding the City of Rancho Palos Verdes vs. Cohen; a report was given but no action was taken on People of the State of California vs. the Fenders; a report was given but no action was taken regarding Monks vs. the City; and the Council gave unanimous direction to the City Attorney regarding the State of California vs. Ms. Pangeanopolis.

ADJOURNMENT:

At 7:44 P.M., the meeting was adjourned to Saturday, April 17, 2007 at 6:00 P.M. to interview candidates for Chair of the Traffic Safety Commission and candidates for the Oversight Committee for Water Quality and Flood Protection Program in the Fireside Room at Hesse Park.

 

/s/ Thomas D. Long

Mayor

Attest:

/s/ Carla Morreale

City Clerk