CC MINS 20050531 ADJMINUTES
RANCHO PALOS VERDES CITY COUNCIL
ADJOURNED REGULAR MEETING
MAY 31, 2005
The meeting was called to order at 6:00 P.M. by Mayor Clark at Fred Hesse
Community Park, 29301 Hawthorne Boulevard, notice having been given with
affidavit thereto on file, and was immediately recessed to closed session. At 7:04
P.M., the meeting was reconvened for regular session.
Roll call was answered as follows:
PRESENT: Gardiner, Long, Stern, Wolowicz, Mayor Clark
ABSENT: None
Also present were City Manager Evans; Assistant City Manager /City Clerk Petru;
City Attorney Lynch; Director of Public Works Allison; Director of Planning, Building
and Code Enforcement Rojas; Director of Finance McLean; Senior Planner Fox;
Associate Planner Schonborn; and Recording Secretary Bothe.
FLAG SALUTE:
City Attorney Lynch led the flag salute.
On behalf of Council, Mayor Clark wished City Attorney Carol Lynch a happy
birthday that evening.
RECYCLE DRAWING:
Mayor Clark announced the name of the recycler winner from the May 17th Council
meeting: Mary C. O'Madden; stated that all winners would receive a check for
$250, which represented a year of free refuse service; and he encouraged
everyone to recycle.
APPROVAL OF AGENDA:
Assistant City Manager /City Clerk Petru requested that Council consider the 5 -year
financial model item before the budget item.
Councilman Gardiner requested that Item No. 10, Preliminary Lomita Station Audit
Report, be considered following the Consent Calendar.
Mayor pro tem Wolowicz moved, seconded by Councilman Gardiner, to approve
the Agenda, as amended. Without objection, Mayor Clark so ordered.
PUBLIC COMMENTS:
Lois Larue, 3136 Barkentine Road, commented on an unmarked piece of property
near the Seaview area; advised Council that the fence at one end of this area was
open for public access and noted that she believed this road led into the
Portuguese Bend landslide area.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
Assistant City Manager /City Clerk Petru stated that she had received one request
to speak on Item No. 7, Appeal of Case No. ZON2004- 00174; and noted that she
distributed to Council late correspondence regarding Item No. 8, Weed Abatement
Request for Lower Filiorum.
Mayor Clark pulled from the Consent Calendar Item No. 5, Gifts for Parks.
Motion to Waive Full Reading
Adopted a motion to waive reading in full of all ordinances presented at this
meeting with consent of the waiver of reading deemed to be given by all Council
Members after the reading of the title.
Approval of the Minutes (301)
Approved the Minutes of January 29, 2005.
Repair of the Tarapaca Storm Drain (604 x 1204)
Reviewed and reconfirmed by a four /fifths (4/5) vote the Council's previous action
on December 21, 2004, to authorize staff to conduct an informal bid process to
repair the Tarapaca Storm Drain.
Ridgecrest Ranchos Recreation &Parks District Appointment of Lars Skari
(1200)
Acknowledged the appointment of Lars Skari to serve on the Ridgecrest Ranchos
Recreation & Parks District for a term of office until December 2007.
Environmental Investigation of the Nike Missile Site (1101 x 1201)
1) Approved a request from the Palos Verdes Art Center to perform a Site
Investigation of the former Nike missile site for potential reuse as part of a
community art center; and, 2) Approved the Professional Services Agreement with
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May 31, 2005
Page 2 of 20
PSI for the performance of a site investigation study of Upper Point Vicente and
authorized the Mayor and City Clerk to execute the Agreement.
Councilman Stern moved, seconded by Councilman Long, to approve the Consent
Calendar, as amended. The motion carried as follows:
AYES: Long, Gardiner, Stern, Wolowicz, Mayor Clark
NOES: None
ABSTAIN: None
ABSENT: None
ITEMS PULLED FROM THE CONSENT CALENDAR:
Gifts for Parks (1201)
The staff report of May 31, 2005 recommended that Council accept the Gifts for
Parks donations and direct staff to prepare letters for the Mayor's signature
expressing the Council's thanks and appreciation.
Mayor Clark highlighted the impressive list of community donors for the Point
Vicente Interpretive Center; and noted that the remodeling project was well under
way and that he anticipated the opening would take place that fall. He noted that
additional funds were needed to put together all the exhibits and expressed his
belief that the City's fund raising effort was very creative. Mayor Clark highlighted
a generous donation from the family of Maryann and Clifford Evans, who had
donated $8,100 to provide a full -sized whale on the Teaching Terrance back patio
at the expanded Center; and he sadly noted that Mary -Anne Evans of Rancho
Palos Verdes passed away on May 19, 2005 after a long battle with cancer and
suffering from debilitating arthritis. He informed the audience that Mrs. Evans was
survived by her husband, Cliff, and her children; and stated that this very generous
donation by the Evans family would honor the memory of Mary -Anne. On behalf of
Council, the City, and the docents, he noted his gratitude and appreciation of the
generosity of the Evans family and the other donors.
Councilman Stern moved, seconded by Mayor pro tem Wolowicz, to approve staff
recommendation. Without objection, Mayor Clark so ordered.
Reso. No. 2005 -50: Appeal of Case No. ZON2004- 00174, (Site Plan Review);
Land Owner & Appellant: Lenee Barden. Subject Property: 6311 Tarragon
Road (1203)
The staff report of May 31, 2005 recommended that Council ADOPT
RESOLUTION NO. 2005- , DENYING THE APPEAL AND UPHOLDING THE
PLANNING COMMISSION'S DENIAL OF CASE NO. ZON2004 -00174 FOR A
SITE PLAN REVIEW.
City Council Minutes
May 31, 2005
Page 3 of 20
Lois Larue, RPV, expressed her opposition to the staff recommendation; stated
that the recommendation denied the appellant her appeal process; and noted that
Ms. Barden had indicated she had permits to do this work.
Councilman Long moved, seconded by Councilman Stern, to approve the staff
recommendation. Without objection, Mayor Clark so ordered; with Councilman
Gardiner abstaining, due to his absence from the meeting when this matter was
first discussed.
Addressing a comment made by Ms. Larue, Councilman Stern advised the
audience that no permits were obtained for the balcony enclosure, which was
acknowledged by Lenee Barden.
Reso. No. 2005 -51: Weed Abatement Request for Lower Filiorum - An Appeal
of the Director's Determination that a Proposed Weed Abatement Action, as
Conditioned, is Exempt from the Prohibitions of the City's Coastal Sage
Scrub Urgency Ordinance (1203)
The staff report of May 31, 2005 recommended Council ADOPT RESOLUTION
NO. 2005- , THEREBY APPROVING THE PROPOSED WEED ABATEMENT
REQUEST WITH CONDITIONS OF APPROVAL.
Barbara Sattler, Rancho Palos Verdes, expressed her belief that a new /updated
biology survey or monitoring effort would be valuable; noted that other jurisdictions
directly contract with the consultants that performed this work and did not allow
consultants and applicants to communicate with one another; asked that Condition
No. 5 be amended to not restrict the inclusion of only species covered by the
NCCP — stating that all species should be addressed; and stated that these
conditions, as drafted, limited the biologist's authority to protect various species not
on the list and that it was unduly restrictive. She added that the covered species
list was too limited, noting that there were other sensitive species throughout the
peninsula that need protection. She asked that Condition 7 be amended to direct
that the plant surveys occur in the spring, specifically April, May or June. With
regard to Condition No. 8, Ms. Sattler stated that the language should indicate
"previously disturbed area," believing it was important that there should be 3:1
replacement ratio for the removal of the cactus; and although the immediate area
to be impacted would be restored, she stated that the rest of the mitigation should
occur in areas as recommended by the City's biologist.
Councilman Stern noted that the staff report indicated that Edison claimed that it
had no crews clearing weeds around the utility poles on the property, but pointed
out in the letter received that day from Edison's attorney Scott Summer, a
statement mentioning that Southern California Edison removes these plants as a
matter of general practice. He asked staff to clarify this apparent contradiction.
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May 31, 2005
Page 4 of 20
Director Rojas responded that staff had a signed statement from a neighbor stating
that weed abatement had taken place on the property in November; noted that staff
made a site visit and determined that there clearly were some patches of cactus
removed; noted that Edison indicated they did not have crews removing /clearing
around its utility poles in November; and that the only way their line crews would
remove /clear the vegetation was if they backed their truck in to gain access to a
utility pole. He added that the locations where the cactus was removed were not
on a road that was ordinarily driven. He reiterated that Edison indicated that while
they routinely sent crews out to clear underneath utility poles, they did not have a
crew at this location in November.
Mayor Clark observed that it would not be wise to require cactus to be replanted
under the utility poles, where Edison might remove it at a later time.
Director Rojas agreed and stated that staff would like to modify the condition to
indicate that any cactus be replanted "in the general vicinity of the utility poles,
specifically not immediately underneath utility poles."
Councilman Stern suggested that the language be amended to allow the City's
biologist to select the location to replant the cactus.
Mayor pro tem Wolowicz asked staff to respond on Barbara Sattler's comments
regarding Condition 5 and her concern that it would limit the biologist's authority to
protect various species not on the NCCP list.
Director Rojas advised that there were various lists of sensitive species; noted that
the Native Plant Society had a list of what it considered to be sensitive; that the
state and federal agencies had their own lists; and explained that because of the
various lists, staff decided to use the plant list in the City's NCCP, which included
the species that were on state and federal lists, but also included species expected
to occur on the peninsula.
City Attorney Lynch stated that she would prefer using a defined list, otherwise, it
would be impossible for a biologist to know what plants he /she was supposed to be
looking for; and she suggested using the plant list in NCCP plant because it was
the guide post of what the City was trying to protect in the proposed nature
preserve area.
Mayor Clark questioned whether the language could be modified to include a list of
identified plants that the Native Plant Society could provide to the City as an
appendix.
City Attorney Lynch responded that she was uncomfortable requiring a property
that was not slated to be part of the nature preserve to protect a great number of
plants than would be required on properties that will be protected through the
NCCP.
City Council Minutes
May 31, 2005
Page 5 of 20
In response to a question from Mayor Clark about the property owner's ability to
remove acacia, City Attorney Lynch explained that on properties greater than 2
acres in size, the property owner would have to file an application to do weed
abatement and a biology study would have to be done to demonstrate that removal
of the acacia would not impact any Coastal Sage Scrub Habitat (CSS) or other
sensitive plants or animals as defined in NCCP. She added that there was no flat
prohibition against the removal of acacia in the ordinance.
City Attorney Lynch stated that staff supported two very minor clarifications to the
conditions suggested in the letter by Mr. Martin of the Sierra Club revising
Condition 5 to read as follows: "A qualified biologist selected by the City shall
conduct a grassland assessment and rare plant survey in the spring ..." and
revising Condition 3 to read: "The City proposed weed abatement can be
conducted in the presence of a single qualified biologist as selected by the City"
Mayor Clark asked that Ms. Sattler's suggested language be added specifying to
Condition 3 specifying the spring months as April, May or June. City Attorney
Lynch responded that this specific language would be included in the condition.
Director Rojas clarified that Condition 7 would be modified to read as follows: "A
qualified biologist, selected by the City, shall conduct a grassland assessment and
rare plant survey in the spring (April, May, June) after the weed abatement
activities are completed. The biologist shall submit a copy of the rare plant
assessment ... "
Director Rojas noted that Condition 8, Director Rojas would also be revised to read
as follows: "... of prickly pear cactus in the general vicinity from where the cactus
was removed as determined by the City's biologist. In no case shall replanting
occur under the utility poles."
Councilman Stern moved, seconded by Mayor pro tem Wolowicz, to approve staff
recommendation, as amended.
Without objection, Mayor Clark so ordered.
REGULAR BUSINESS:
Agenda Item No. 10 was considered out of Agenda order.
Preliminary Lomita Station Audit Report (1206)
The staff report of May 31, 2005 recommended that Council receive and file the
preliminary audit of the City's contract with the Los Angeles County Sheriffs
Department for law enforcement services with the Lomita Station.
City Council Minutes
May 31, 2005
Page 6 of 20
With the aid of a slide presentation, Captain Zuanich presented his report, which
included an overview of how units costs were calculated, the level of service
provided in the region's contract with the Sheriff for FY 2005 -2006, contract service
minutes, cost comparisons with other contract cities versus South Bay police
agencies, crime statistics, response times and input received as part of the City's
Global Needs Assessment Survey conducted in 2004.
Captain Zuanich explained that the City's cost for contract law enforcement
services included the proportionate cost of station overhead, departmental support
personnel and resources, supplies and related expenses; and he noted that while
actual costs would change annually, the categories and elements listed in the
report remained constant pursuant to cost determination practices. He advised
Council that the cost per deputy sheriff service unit was determined by such things
as salaries, employee benefits, overtime, services and supplies, general County
overhead, department overhead, Contract Law Enforcement Bureau and mobile
digital system outlets (computers in police cars). He indicated that the rates were
set by the County Auditor, not the Sheriff's Department; noted that one deputy
working 7 days a week, 3 shifts, 24 hours a day costs $262,376 per year; and that
included in the unit calculation was the cost for the deputy, as well as relief deputy,
watch deputy, investigators, sergeants, lieutenants, captains, civilian clerical staff,
automobile maintenance and replacement, and general County overhead.
Captain Zuanich explained that a formula was used to calculate each city's share
of the regional contract. The formula was based on the number of "incidents"
experienced in each city during the prior year, such as calls, assists, details and
observations. He indicated that in 2004 there were a total 34,943 incidents; noted
that the total region population was 52,482; with a population of 41,2568 RPV
made up 81 percent of the population in the regional contract. He stated that the
total number of deputy units supplied to the region was 12.8084 — noting that
RPV's portion to be paid in 2005 was 64.52 percent or 8.2646 deputies, versus
62.5 percent in 2004. He pointed out that the 60/30/10 formula used to share the
cost of the CORE deputies and traffic deputies between the three cities remained
the same from year to year.
Captain Zuanich provided an explanation of "contract minutes "; advised that the
number of minutes logged in each city had to stay two percent either side of 100
percent; noted that this number was not always 100 percent because a deputy
working in a reporting district may have to leave that district to assist elsewhere.
He noted that as of year -to -date, contract minutes were at 101.4 percent for the
region. He highlighted a sample copy of a deputy's daily worksheet, stating that
each deputy accounted for the minutes spent per shift, such as in travel time,
handling time, report writing, patrol time, incident assignments as well as in which
reporting district the activity took place, and noting that all this information was
stored in the car computers and automatically compiled in the mobile digital
terminal and transferred to Contract Law Enforcement Bureau — not to the Sheriff's
Department. He added that Contract Law accumulated those minutes and
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May 31, 2005
Page 7 of 20
provided reports of these minutes to the various stations, which were then reported
to the cities.. He noted that the Lomita Sheriff's Station has been successful in
making sure that each of the three regional cities has received its fair share of the
contract minutes per year.
Referring to an informal survey the Lomita Station conducted of other contract
cities in Los Angeles County, Captain Zuanich noted that with the exception of
Rolling Hills, RPV had the lowest crime rate in 2004 than any other city in the
survey. He explained that the cost for service in Rolling Hills was $75 per
resident; that the cost for service in RPV was $77; but because RPV paid the cost
of the CORE deputy program up front and was reimbursed later by the other two
cities in the region, if the cost was adjusted to take this into account, the actual cost
was reduced to $73 per resident, making these services the lowest cost per
resident (for a city with a population over 1,000) in the survey.
Captain Zuanich commented on the fact that Part 1 (violent) crimes in the
peninsula region had been declining over the past four years and the statistics from
the first quarter of the year seemed to indicate that the downward trend would
continue in 2005. He also discussed response times and noted that the Lomita
Station had an extremely good record of responding to routine calls in less than 30
minutes, immediate calls within 10 minutes and emergency calls in less than 7
minutes in 2004, compared to the County standard of 60 minutes, 20 minutes and
10 minutes, respectively.
Captain Zuanich referred to the independent resident survey conducted at the
request of the City's Open Space Task Force in 2004 and pointed out that 12
percent of the City's residents surveyed believed it was necessary to increase
public safety and traffic control; noted that Council was taking steps in this direction
by implementing the increased traffic controls on the Palos Verdes Drive East
Switchbacks during the summer months; and added that the independent survey
indicated that residents were very satisfied with the law enforcement services
provided by the Sheriff's Department.
In conclusion, Captain Zuanich expressed his belief that the City's $3.1 million
contract for law enforcement services was a bargain when compared to
surrounding South Bay cities. He added that RPV's crime rate was very low
compared to other contract cities and that the station's response times were the
envy of other Sheriff's stations and outside agencies. Captain Zuanich stated that
he was proud of his station's accomplishments and the consistent high quality of
service they provided for the lowest cost possible.
Mayor pro tern Wolowicz asked what decisions and policies the Council could
make that would assist the Lomita Station in keeping crime rates low in the City.
Captain Zuanich stated that even though his station had limited staffing, they were
able to leverage their available resources to respond to problems in the community,
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May 31, 2005
Page 8 of 20
but noted that because of limited staffing, the Station tended to be more reactive to
specific problems.
Councilman Gardiner questioned if the Sheriff's Station used or had considered
programmatic funding, where instead of budgeting by categories, such as number
of deputies and patrol units, a certain percentage of the budget would be allocated
for traffic enforcement, a certain percentage for patrols, etc. 'He mentioned that
one of Council's major goals was to improve traffic enforcement/safety, and
questioned what percentage of the $3.1 million contract with the Lomita Station
was used for traffic enforcement. He suggested that, when appropriate, available
resources from one part of the budget could be reallocated to another activity in
order to address problem areas. He explained that Council tended to think in terms
of what activities the Sheriff's Department performed instead of the specific
resources (i.e. types of personnel) used to get the work done.
Captain Zuanich stated that traffic enforcement continued to be a high profile
problem on the peninsula; but explained that the Station's patrol deputies focused
on to responding to Part 1 (violent) and Part 2 (property) crimes rather than on
traffic enforcement, but added that while on patrol, deputies were still required to
observe and cite for traffic issues. Highlighting the statistics, he stated that the
crime rates in the City were low as a result of the department's current system,
especially its visibility in the community while patrolling, and expressed concern
that shifting the patrol deputies to traffic enforcement would jeopardize the Station's
ability to respond to the other issues.
Councilman Gardiner asked if some of the Sheriff's resources could be reallocated
in a manner that wouldn't cause other performance indicators to deteriorate and
questioned if the City needed to provide additional funding in order to achieve the
goal of improving traffic safety.
Captain Zuanich pointed out that the Station was able to meet the City's request for
additional traffic patrols on PVDE by reassigning the traffic deputies and the CORE
deputies while school was out of session for the summer, as well as directing the
regular patrol deputies to focus on this area of the City as well. He noted, however,
that this was only a temporary shifting of resources and could not be sustained
over an extended period of time.
Mayor pro tem Wolowicz commented on the feasibility of reallocating some of
these services where there was a need for additional units; and suggested that with
the Sheriff's help, Council could decide programmatically where additional units
were needed, noting that Council may need to take separate action to establish
that objective.
Captain Zuanich expressed his strong reluctance to manipulate the existing
allocation of the patrol deputies and reiterated that the Station's staffing was very
limited.
City Council Minutes
May 31, 2005
Page 9 of 20
In response to a question from Councilman Long, Captain Zuanich expressed his
belief the existing patrol services were adequate and that he did not see a need to
increase them. He stated, however, that traffic services were sorely inadequate,
noting a need for more support in the P.M. hours and on weekends. He stated that
once the CORE deputies went back to their regular assignments at the schools in
the fall, speeding on PVDE would resume. He stated he was able to make minor
adjustments to patrol assignments, but that he did not have the staff resources to
support a major shift, as had been suggested by the Council.
Mayor Clark requested that the Sheriff's Station continue to provide the City in the
future with the same statistical analysis comparing the City's crime rates to the
other contract cities. Highlighting the low crime rate in RPV, Mayor Clark
questioned if the cost per resident shouldn't decrease as well, pointing out that a
lower crime rate meant that there were fewer calls for service, which should
translate into a lower cost for law enforcement services overall.
Councilman Stern pointed out that RPV's costs were lower than any of the other
contract cities included in the Sheriff's survey.
Mayor Clark restates his question to ask if RPV's cost per capita was a function of
the population of the City, regardless of the number of calls for service that were
received each year.
Lieutenant Herrera responded that the survey did not take the number of calls
received into consideration and only looked at the cost per resident in each of the
contract cities. He pointed out that RPV was a large city with 13.5 square miles;
noted that there was the equivalent of one deputy covering approximately 5 square
miles each day; and that in order to keep the response times and crime rates low,
RPV would need at least that many units per square mile. He added that RPV paid
for approximately 8.2 of these 24 -hour cars; that the 8.2 units RPV paid for
included regular patrol units and two dedicated traffic enforcement units; and that in
a deputy's slow time, they also performed traffic enforcement duties. He added
that for deployment and efficiency purposes, this system had worked the best for
the Sheriff's department.
While he was very impressed with the City's low crime statistics, Mayor Clark
remarked that it was clear to him how the rate formula that determined the amount
the City paid for law enforcement services was related to crime levels.
Captain Zuanich asked Mayor Clark if he was suggesting that because the Sheriff's
has done a good job of keeping the crime down in RPV, that the cost for service
should go down proportionately.
Mayor Clark affirmed that Captain Zuanich had correctly summarized his question,
and stated that in most businesses, the more efficient and effective their operation,
City-Council Minutes
May 31, 2005
Page 10 of 20
the lower the costs should be to conduct that business. Mayor Clark suggested
that Council, staff and the Sheriff's Department devote another forum to reviewing
how the rate formula was developed and how the formula was used to determine
the service rates charged to the City each year. He questioned if the rate formula
included deputy pensions, and if so, what the growth was in that pension rate.
Captain Zuanich stated that the rate formula does include deputy pensions as part
of the contract overhead; advised that he did not have any information that evening
on the exact pension rate; and mentioned that the County Supervisors were
looking into whether contract cities should be paying a larger share for all additional
regional services, such as helicopters, police dogs, arson investigations, and
SWAT.
Mayor Clark stated that he was aware that many California cities were facing
higher than expected pension costs for their safety personnel and noted that he did
not see in the report the relative proportionality cost of retirement benefits and
where that rate was headed in the future.
Captain Zuanich advised Council that the Sheriff's deputies paid a portion into their
own retirement fund and noted that there would not be a large increase in deputy
retirement benefits because that had not negotiated as part of the current contract.
Councilman Gardiner stated that he was mostly concerned with tackling the
problem at hand, which was traffic; and questioned if there was enough flexibility in
the system to move some of the existing resources to address this area, while still
maintaining enough resources to combat crime.
Because of some sensitivity concerning traffic discussion, Captain Zuanich noted a
need to have further discussion in another forum; and stated that it would be a big
mistake for any captain to reduce patrol services in order to increase traffic
services. He reiterated that patrol deputies also observed traffic and wrote tickets,
and that all deputies were proactive in traffic matters. He stated that some
flexibility was possible, but not at the expense of the routine patrols that have kept
the City safe, as evidenced by the extremely favorable crime statistics.
Councilman Gardiner questioned if the Sheriff's Department had data that indicated
crime increased when patrol units were shifted to other assignments.
Captain Zuanich stated that there were no such statistics because it was rarely
done.
City Manager Evans mentioned that the City had data indicating that increasing the
number of citations issued had no correlation with the number of traffic collisions.
Mayor pro tem Wolowicz questioned what could be done to improve RPV's traffic
enforcement index and to lower the number of traffic accidents.
City Council Minutes
May 31, 2005
Page 11 of 20
Captain Zuanich explained that a study was conducted approximately two years
earlier where an area was saturated with officers writing traffic tickets in order to
determine if issuing more tickets would reduce traffic collisions; and he advised
Council that the study indicated the number of traffic collisions increased,
concluding that because the officers were already in the area, more reports were
taken as a result of the police being present. He added that in the next quarter,
fewer tickets were written and the number of traffic collisions went down — pointing
out that this statistic bounced back and forth in just about every quarter included in
the study. He stated that deputy visibility was what made people slow down and
drive less recklessly; and that when officers were not present, motorists returned to
speeding almost immediately.
With regard to deputy pension costs, Councilman Stern pointed out that the City
was not obligated on any of these pensions; stated that if the Sheriff's pensions
increased dramatically, the City had the option of taking a different direction in
providing law enforcement services for the community. He stated that it had been
shown to be more economical to contract with the Sheriff's Department instead of
the City supporting its own police force. He added that the cost of the Sheriff's
contract had gone up slowly over the years.
City Manager Evans stated that FY 05 -06 would be the first year that the Sheriff's
contract had increased by more than 3 percent in the last 10 years.
Captain Zuanich stated that his department was ready to be as flexible as possible
to try and accommodate the City's concerns and that he was amenable to
discussing this matter further with staff and Council; but reiterated that he was very
reluctant to reallocate the regular patrol units because he believed that the current
deployment schedule was serving the City very well.
Councilman Long stated that the City must be mindful of the Captain's professional
judgment as to what was discretionary and what is not; noted his opposition to
shifting the regular patrol units to traffic enforcement at the expense of reducing
response times — stating that he would not be supportive of jeopardizing essential
services for traffic enforcement. He expressed his belief $73 per resident was a
very low fee for the residents to pay for police protection; but stated that if
something more could be done without impacting vital services, he would support
that effort, and that he was also supportive of providing traffic enforcement.
Councilman Gardiner noted his support for continuing this topic to another forum;
stated that the City should decide to either do nothing with traffic enforcement,
rearrange some of the programmatic activities of the Sheriff's Station, or put more
money into the budget to address this problem. He noted his support for a
programmatic shift without damaging any other essential performance indicators —
stating that the City needed to know whether this was possible and what it would
take to make it possible.
City Council Minutes
May 31, 2005
Page 12 of 20
Councilman Long stated that any discussion concerning the possible shifting police
service should be done in a public forum.
Mayor Clark suggested that a workshop be scheduled with the Lomita Sheriff's
Station leadership, all Council members and staff to work through some of these
topics in a different forum; and noted the importance of fully understanding the
issues associated with the City's single largest annual budget expenditure.
Captain Zuanich invited Council to visit the Lomita Station and to accompany the
officers on a ride -along so they could see firsthand the daily activity of a patrol
officer.
Councilman Stern moved, seconded by Councilman Gardiner, to accept and file
the report. Without the objection, Mayor Clark so ordered.
Border Streets Trash Collection Sub - Committee (1301 x 310)
Director Allison presented the staff report and the recommendation to establish a
Council ad hoc sub - committee to coordinate with the City of Rolling Hills Estates on
trash collection issues along border streets between the two cities.
Mayor Clark suggested that Councilman Long and Mayor pro tem Wolowicz serve
on this subcommittee.
Councilman Long accepted the invitation to serve on the subcommittee. He
advised his colleagues that his neighborhood had gone from eight trash trucks in
two days involving two different companies, to currently having one company doing
the same method of pickup with seven trucks in three days; and noted his hope
that this could be reduced to four or five trucks in two days.
Mayor pro tem Wolowicz expressed his belief it would be more advantageous for a
Council member who was participating in the automated trash collection pilot
program to serve on the subcommittee; and stated that he would not object to
serving as an alternate.
Mayor Clark concurred with Mayor pro tem Wolowicz.
Councilman Gardiner stated he was participating in the pilot program and had
experienced minimal difference between the two collection systems; and
questioned why these changes were being made when the existing program had
worked well for many years.
Councilman Long stated that the trash truck activities had long been a problem for
his neighborhood and commented on the possibility of better coordination between
RPV and RHE regarding the designated trash service days. He stated that seven
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May 31, 2005
Page 13 of 20
trucks in three days was no improvement and addressed the need to work with the
trash hauler and RHE on improved coordination.
City Manager Lynch noted that the City could not contract beyond its jurisdictional
boundaries, but indicated that a cooperative effort aimed at better coordination
could be worked out with the other cities on the peninsula.
Mayor pro tem Wolowicz moved staff recommendation, seconded by Councilman
Stern, to create the ad hoc committee and to assign Councilman Long to serve on
the committee.
By way of a friendly amendment, Mayor Clark requested that Councilman Long, in
addition to working with RHE concerning trash collection on the borders, also
provide Council with a status report on how the new automated trash collection
system was working for RHE.
There was no objection to the friendly, amendment. Without objection, Mayor Clark
so ordered the passage of the amended motion.
At this point, City Manager Evans asked that the City Attorney's Report be
presented since the City Attorney needed to leave early.
No objection was noted.
CLOSED SESSION REPORT:
City Attorney Lynch reported that Council conducted a performance evaluation of
the City Manager and City Attorney; with respect to the item for 7460 Alida Place,
she noted that Council gave further direction to the City Attorney's Office; with
respect to the negotiations on the open space purchase, she indicated that there
was no discussion or action on this item and that the matter would be brought back
at a future date.
RECESS AND RECONVENE
Mayor Clark recessed the meeting at 9:14 P.M. and reconvened the meeting at
9:24 P.M.
Five -Year Financial Model (602)
Assistant City Manager /City Clerk Petru distributed late correspondence to Council
on this item.
City Council Minutes
May 31, 2005
Page 14 of 20
The staff report of May 31, 2005 recommended that Council receive and file the
2005 Five- Year Financial Model, including the recommendation by the Finance
Advisory Committee presented at the end of the report.
Mayor Clark commended the Finance staff for the excellent summary.
Director McLean stated that the 2005 five -year financial model started with the
proposed budget for FY 05 -06 and then highlighted some of the key assumptions:
included in the model. Compared to the 2004 the five -year financial model, Mr.
McLean explained that staff had excluded any expenditures for sewers. With
respect to property taxes, he stated that when the 2004 model was prepared, the
City was in a transition year where some of its vehicle license fees revenue was
transformed into property tax; and noted that it would be very difficult to arrive at a
good estimate of property tax revenues for FY 04 -05. He stated that staff was
bringing a budget revenue adjustment to Council for FY 04 -05 of approximately
$190,000 for increased property taxes revenues; and noted that a key assumption
in regard to the budget for FY 05 -06, as well as the model in later years, was the
change in property taxes revenues, noting that the previous year, the increase in
estimated property tax revenues was 3 to 3.5 percent. He stated that for the
budget of FY 05 -06, staff was estimating that property tax revenues would increase
by approximately 6.5 percent from the prior year; and that in the second year of the
model, FY 06 -07, staff was reflecting an increase of property tax revenues of
approximately 3 percent and 2 percent for each year thereafter. In the 2005 model,
beginning with FY 06 -07, he noted that staff was expecting a restoration of property
tax revenues of approximately $350,000 -- a restoration of property tax revenues to
the City for the year just about to end, FY 04 -05; and noted that for the next year,
FY 05 -06, the City had contributed about $350,000 of property tax revenues to the
state as part of the resolution in the state budget crisis for those two respective
years, FY 04 -05 and FY 05 -06. He added that those revenues were reflected in
the model starting in FY 06 -07 as being restored.
Director McLean stated that in the 2005 model was the inclusion of approximately
$6.9 million, spread over five years, of residential roadway repairs throughout the
City — noting that this had a significant impact on the model net General Fund
revenues over General Fund expenditures. In addition, he added that the model
included the 16 -month emergency storm drain repair spending plan that City
Council approved on March 15th; and advised Council that this spending plan
included $2 million being transferred to the Water Quality and Flood Protection
Enterprise Fund as well as an additional million dollars to be spent through the
Capital Improvement Program (CIP) fund.
Director McLean stated that at the budget workshop held in February 2005, Council
looked at a rough draft of the budget which showed General fund revenues, less
expenditures, which created a deficit of about $200,000; and then on March 15t ",
Council authorized an expenditure for FY 05 -06 of approximately $600,000 for
storm cleanup and to initiate some interim storm drain projects on an expedited
City Council Minutes
May 31, 2005
Page 15 of 20
basis. For FY 05 -06, with the $600,000 being subtracted from reserves, he
advised that staff was looking at a decline of General fund reserves for FY 05 -06
pursuant to the proposed budget of about $600,000 to $700,000; in addition, that
the 2005 model, consistent with prior years, did not include any Transit Occupancy
Tax (TOT) revenues from the proposed Long Point resort hotel project. Based on
the assumptions just described, beginning of FY 05 -06, he stated that staff was
expecting the General fund reserve at the end of the current fiscal year to be
approximately $11.2 million; that based upon the proposed budget presented that
evening, he stated that General fund expenditures, including transfers to other
funds, would exceed General fund revenues by approximately $750,000; therefore,
at the end of the next fiscal year, he noted that staff anticipated General fund
reserves would be reduced to approximately $10.4 million. He mentioned that the
excess of General fund revenues over expenditures varied significantly year by
year through the duration of the financial model, primarily due to the peaks and
valleys experienced with the implementation of the City's pavement management
program. Based on the assumptions described, Director McLean stated that staff
predicted that General fund reserves would probably decline to approximately $7.2
million by the end of the fifth year, compared to the 50 percent reserve fund policy,
which would call for approximately $8.1 million. He mentioned that this model did
not include any additional expenditures for major capital projects, other than the
pavement management program, such as sewers or storm drain expenditures over
and above that which was already in the model or expected to be spent from the
Water Quality and Flood Protection Program, namely, the $2 million that Council
authorized on March 15tH.
Councilman Gardiner suggested that this model be received and filed because the
FY 07 -08, FY 08 -09 and FY 09 -10 projections were beyond what Council could
reasonably rely on at the current time and pointed out that Council would be going
into detail on the models for FY 05 -06 and FY 06 -07 during the review of the draft
two -year budget.
Councilman Long recalled that Council had only authorized $3 million to be spent
on the storm drain program
Director McLean clarified that Council had authorized $3 million on March 15th, but
the budget already included $1 million, bringing the total allocation to $4 million
from the General fund reserves to be spent on the storm drain program.
Addressing Councilman Long's inquiry regarding the County's part in maintaining
sewers, Director Allison explained that the County had indicated that it would repair
any sewer problems the County discovers.
Councilman Long questioned when staff would include the projected revenues from
Long Point project in the model.
City Council Minutes
May 31, 2005
Page 16 of 20
Director McLean stated that those figures would be included when the certificate of
occupancy was granted for the hotel, and he noted that staff had projected
approximately $5 million in annual revenue from the Long Point resort.
Mayor pro tem Wolowicz asked for further clarification on the upward trend in
pension costs and whether this had been built into the 5 -year model.
Director McLean explained that the cost of pensions /retirement was based on a
combined contribution rate of 19 percent for FY 05 -06 and FY 06 -07; that it was
expected to taper off thereafter; and noted that staff anticipated that the overall
contribution rates would decline by at least a couple percentage points during the
last three years of the model.
City Manager Evans expressed his belief that employee pension programs would
be scaled back and the method of contributions would change in the future.
Councilman Gardiner moved, seconded by Councilman Long, to adopt staff
recommendation to receive and file the report. Without exception, Mayor Clark so
ordered.
RECESS AND RECONVENE
Mayor Clark recessed the meeting at 9:48 P.M. and reconvened the meeting at
9:53 P.M.
PUBLIC HEARING:
Reso. Nos. 2005 -53 and 2005 -54: Adoption of the City Budget and Employee
Salary Ranges for Fiscal Year 2005 -2006 (602)
The staff report of May 31, 2005 recommended that Council 1) ADOPT
RESOLUTION NO. 2005 -53, APPROVING THE CITY BUDGET FOR FISCAL
YEAR 2005 -2006; 2) ADOPT RESOLUTION NO. 2005 -54, ESTABLISHING
SALARY AND HOURLY RANGES FOR COMPETITIVE AND MANAGEMENT
EMPLOYEE JOB CLASSIFICATIONS; 3) Review the Utility Users Tax analysis
and determine the Utility Users Tax is necessary, and the current rate of 3% be
maintained; and, 4) Review the Golf Tax analysis and determine the Golf Tax is
necessary, and the current rate of 10% be maintained.
Assistant City Manager /City Clerk advised Council that late correspondence (an
updated budget schedule) had been distributed to Council earlier that evening and
notice of the public hearing had been duly published.
Mayor Clark indicated that Council and staff had worked through the major
components of the two -year budget in a number of workshops and that a majority
of the issues had already been worked out at these prior meetings.
City Council Minutes
May 31, 2005
Page 17 of 20
City Manager Evans confirmed that Council had conducted several budget policy
workshops, wherein staff was given direction on various issues; he highlighted the
issues that were addressed by Council, such as employee merit increases and
bonuses, increasing Council's automobile allowance, additional community
outreach programs, residential slurry program, various discretionary one -time
expenditures items, City Clerk vacancy, Sheriff's services, etc.; advised that
Council provided staff with direction to finalize the budget using the figures Council
had already looked at and to prioritize the remaining capital items that didn't get
included in the Council's one -time expenditures; and he noted that each
department submitted their budgets for review and adjustment. City Manager
Evans stated that approximately $1,000 was left in the operating surplus — noting
that Council recently approved $14,000 in Student and the Law classes provided
by the Sheriff's Department at the local high schools. He added that this budget
showed a reduction in the General Fund reserves of $750,000, attributing that to
$605,000 for storm drains and the $150,000 for replacing the safety rails at the
Point Vicente Interpretive Center and Abalone Cove Shoreline Park.
Councilman Gardiner expressed his belief that the report indicated that the City
was operating in a balanced manner and noted he was prepared to support this
budget proposal.
Mayor pro tem Wolowicz invited City Manager Evans to recommend any projects
that should be included in the FY 05 -06 City Budget.
City Manager Evans recommended including resurfacing of the Civic Center
parking lot and adding on to the Planning Department's conference room in the FY
05 -06 Budget. He estimated these two items would cost approximately $46,500.
Councilman Gardiner moved, seconded by Councilman Stern, to adopt the
resolution approving the FY 05 -06 Budget, as presented, including an increase in
General Fund expenditures of $46,500 to resurface the parking lot at City Hall and
to expand the Planning Department's conference room.
Councilman Long pointed out that the resurfacing of the parking lot and
maintenance of the Planning Department conference room were maintenance
items rather than one -time capital improvements; and pointed out that in some
respects, the City was still spending more than it was taking in. He added that in
the five -year model, over the entire term of the 5 -year model, the one -time
expenses identified would cause a 1 /3rd decrease in funds, ultimately cutting the
General Fund Reserves in half; but that being said, he stated he would still support
the proposed FY 05 -06 budget because it was lean as it could possibly be.
City Manager Evans noted for Mayor pro tem Wolowicz that the new Planning
Technician position was still included in the budget and that it would probably not
be possible to increase the planning fees enough to completely fund that position.
City Council Minutes
May 31, 2005
Page 18 of 20
The motion carried as follows:
AYES:
Gardiner, Long, Stern,
NOES:
None
ABSTAIN:
None
ABSENT:
None
Wolowicz, Mayor Clark
Mayor Clark thanked staff for working with Council on putting together a fiscally
sound package.
City Manager Evans stated that staff would like Council to adopt the salary
resolution; to make the findings on the Utility Users Tax and Golf Tax analysis; and
to consider whether Council would be interested in funding any of the equestrian -
related improvements, even though no cost estimates had been prepared at that
point in time. He stated the equestrian community was very concerned about
Palos Verdes Drive East and the adequacy of equestrian trails along this corridor,
the difficulty for equestrians in crossing the street — noting that a traffic signal would
cost approximately $120,000 - and indicated that the suggestion to install some
kind of barriers along PVDE to protect the rider /pedestrian and to separate traffic
would also be a relatively expensive project. He stated that if Council felt there
was some merit in these types of projects, it should direct staff to prepare some
cost estimates.
Mayor Clark moved, seconded by Councilman Stern, that the current Utility Users
Tax rate of 3 percent be maintained; that the current City Golf Tax of 1.0 percent be
maintained; and to adopt the resolution establishing salary and hourly ranges for
competitive and management employee job classifications. The motion carried as
follows:
AYES:
Gardiner, Long, Stern, Wolowicz, Mayor Clark
NOES:
None
ABSTAIN:
None
ABSENT:
None
Mayor Clark asked to defer the discussion of the Equestrian Committee's
recommendations to another Council session where members of the public could
be present.
Councilman Stern suggested that representation from the Equestrian Committee
should be present at that meeting to explain what was being requested.
Mayor pro tem Wolowicz moved, seconded by Councilman Gardiner, to direct the
Traffic Safety Commission to review the Equestrian Committee's recommendations
and report back to Council.
City Council Minutes
May 31, 2005
Page 19 of 20
Mayor pro tem Wolowicz clarified that the intent of his motion was for the
Equestrian Committee to coordinate discussion of these matters with the Traffic
Safety Commission.
The motion was amended to direct the Traffic Safety Commission to work with the
Equestrian Committee and staff to review the Equestrian Committee's
recommendations as they relate to safety issues where vehicular traffic and
equestrian uses interface along Palos Verdes Drive East and to report back to
Council.
Without exception, Mayor Clark so ordered.
ADJOURNMENT:
Mayor Clark declared the meeting adjourned at 10:25 P.M.
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Mayor
Attest:
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City Council Minutes
May 31, 2005
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