CC MINS 20091104 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
NOVEMBER 4, 2009
The meeting was called to order at 7:04 P.M. by Mayor Clark at Fred Hesse Community
Park, 29301 Hawthorne Boulevard.
City Council roll call was answered as follows:
PRESENT: Dyda, Long, Stern, Wolowicz, and Mayor Clark
ABSENT: None
Also present were Carolyn Lehr, City Manager; Carolynn Petru, Deputy City Manager;
Carol Lynch, City Attorney; Dennis McLean, Director of Finance/Information
Technology; Joel Rojas, Director of Community Development; Ray Holland, Interim
Director of Public Works; Ara Mihranian, Principal Planner; Lauren Ramezani, Senior
Administrative Analyst; and, Carla Morreale, City Clerk.
Also present was Laith Ezzet, Senior Vice President, HF&H Consultants, LLC.
FLAG SALUTE:
The Flag Salute was led by Councilman Elect Brian Campbell.
MAYOR'S ANNOUNCEMENTS:
Mayor Clark congratulated Council Members Elect Brian Campbell and Anthony
Misetich on their victories in the recent election and complimented each of the other five
residents who ran for City Council office in the election. He reported that Former
Councilman and recent candidate John McTaggart was in ill health, and noted that the
meeting would be adjourned in his honor.
Mayor Clark recognized Hilltop Automotive and Miraleste Automotive as the Businesses
of the Month; and announced the recruitment for 4 seats on the Planning Commission
and 2 seats on the Oversight Committee for Water Quality Flood Protection Program.
RECYCLE DRAWING:
Mayor Clark announced Recyclers of the Month from the October 6, 2009 City Council
meeting: Lisa Lehman and Allison Holcher. He indicated that all winners receive a
check for $250 representing a year of free refuse service and urged everyone to
participate in the City's Recycling Program.
APPROVAL OF AGENDA:
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November 4, 2009
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Mayor Clark requested that Item No. 10 (Select a Residential Solid Waste Provider for
Service Area 1) be moved to follow immediately after the Public Hearing item.
Councilman Dyda moved, seconded by Mayor Pro Tem Wolowicz, to approve the
agenda, as amended.
Without objection, Mayor Clark so ordered.
PUBLIC COMMENTS:
Mark Wells, Rancho Palos Verdes, spoke regarding the low voter turn-out in the last
election, commented on the campaign of the candidate who received the most votes
being the person who has volunteered the least for the City of Rancho Palos Verdes,
yet received the highest number of votes; and noted his opinion regarding which
candidates adhered to their pledge to conduct ethical campaigns.
CITY MANAGER REPORT:
None.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding Item No. 2 (Approval of the Minutes).
Councilman Stern moved, seconded by Mayor Pro Tem Wolowicz, to approve the
Consent Calendar, with the incorporation of the proposed amendments to the Minutes.
The motion passed on the following roll call vote:
AYES: Dyda, Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: None
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)
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November 4, 2009
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Approved the Minutes of the September 29, 2009 Adjourned Regular Meeting and
October 17, 2009 Adjourned Regular Meeting/Community Leaders' Breakfast, as
amended.
Border Issues Status Report (310)
Received and filed the current report on the status of border issues.
August 2009 Monthly Report of Cash Balances (602)
Received and filed the August 2009 Monthly Report of Cash Balances for the City of
Rancho Palos Verdes.
September 2009 Monthly Report of Cash Balances (602)
Received and filed the September 2009 Monthly Report of Cash Balances for the City of
Rancho Palos Verdes.
Register of Demands
ADOPTED RESOLUTION NO. 2009-79, 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.
# # # # # #
PUBLIC HEARINGS:
Terranea Resort and Spa: ZON2009-00401 (Revision "M" to Conditional Use
Permit No. 215) (1804)
City Clerk Morreale reported that notice of the public hearing was duly published, no
written protests were received, and late correspondence was distributed prior to the
meeting regarding this item.
Mayor Pro Tem Wolowicz moved, seconded by Mayor Clark, to waive the staff report.
Without objection, Mayor Clark so ordered.
Mayor Clark declared the public hearing open.
Michael Tande, Long Point Development, LLC, reported that Long Point requested the
extension of the Conditions of Compliance date for eight conditions of approval from
November 1, 2009 to January 4, 2010, including the extension of Condition 13A which
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November 4, 2009
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pertains to the reimbursement of the City's third party's costs that stemmed from Long
Point Development's request of the TOT Rebate program.
Mayor Clark declared the public hearing closed.
Councilman Dyda moved, seconded by Mayor Pro Tem Wolowicz, to ADOPT
RESOLUTION NO. 2009-80, AS AMENDED, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RANCHO PALOS VERDES, APPROVING REVISION "M" TO
CONDITIONAL USE PERMIT NO. 215, GRADING PERMIT NO. 2229, COASTAL
DEVELOPMENT PERMIT NO. 166, VARIANCE NO. 489, AND TENTATIVE PARCEL
MAP NO. 26073 BY AMENDING THE CONDITIONS OF APPROVAL TO EXTEND
THE COMPLIANCE DATE FOR COMPLETING OUTSTANDING CONDITIONS FROM
NOVEMBER 1, 2009 TO JANUARY 4, 2010.
The motion passed on the following roll call vote:
AYES: Dyda, Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: None
REGULAR NEW BUSINESS:
Select a Residential Solid Waste Provider for Service Area 1 (1301)
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding this item.
Mayor Clark reported that he and Councilman Stern served on the Franchise Waste
Hauling Subcommittee with staff regarding the selection of a residential solid waste
provider for the City. He invited Councilman Stern to provide a historical summary
perspective.
Councilman Stern provided a historical summary of the process leading up to the
selection of a residential solid waste provider for Service Area 1 in the City of Rancho
Palos Verdes. He highlighted the following aspects of the process: the Pilot Trash
Program with automated trash pickup, the Pilot Trash Program Survey, and the steps
leading up to the issuance of an RFP.
Laith Ezzet, HF&H Consultants, LLC, provided an overview and PowerPoint
presentation regarding the selection of the new residential solid waste provider. He
stated that with the approval of one of the two contracts the City will reduce the rates of
the solid waste provider saving the residents millions of dollars over the term of the
contract; increase the amount of recycling; improve the appearance of neighborhoods;
and have an enhanced contract. He highlighted the RFP Process; the companies who
submitted proposals; key modifications to the current contract services; proposed rates
and key proposal terms of the contract; single family and multi-family monthly rates;
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November 4, 2009
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number of trash containers and selection of cart size; and, similarities between the two
final companies selected for interviews.
Council discussion focused on the following issues: cart size and number of carts
available to the residents; the criteria by which the proposals were evaluated; the
proposal that represents the greatest value to the City; rate adjustment caps; annual
rate adjustments and extraordinary rate adjustments; the possibility of a company
defaulting on its contract; landfill issues; no knowledge of prior improprieties by Athens
Services (Athens) or EDCO Disposal Corporation (EDCO); past campaign contributions
by Athens; and the provisions of bonds for performance and binding nature of contracts.
Dennis Chiappetta, Executive Vice President, Athens Services, introduced employees
of Athens, provided an overview and PowerPoint presentation regarding his
organization, and answered questions from Council Members.
RECESS AND RECONVENE:
Mayor Clark called a brief recess from 9:05 P.M. to 9:16 P.M.
Frank Zerunyan, Council Member of Rolling Hills Estates, shared the experiences of the
City of Rolling Hills Estates regarding the change to automated trash pickup, savings in
street maintenance based on the reduction of trucks, and an increase in the City's trash
diversion rate as a result of recycling.
Steve South, President & Chief Executive Officer, EDCO Disposal Corporation,
introduced employees of EDCO, provided an overview regarding his organization, and
answered questions from Council Members.
Council discussion focused on the different charges for different trash cart sizes; the
rate structure based on the trash container size selected by a residence; monthly
savings to be realized by residents with the two companies under consideration;
concerns and risks associated with a possible extraordinary rate with Athens; no
defaults by Athens in their history; pricing and the quality of service by both EDCO and
Athens; significant savings of$7 million with Athens over EDCO over the life of the
contract; rate caps and savings with EDCO of$12 million; and, savings of an additional
$7 million with Athens, even if there is the risk of extraordinary costs.
Mayor Clark moved, seconded by Councilman Dyda, to select EDCO as the City's
designated hauler for Service Area 1.
The motion passed on the following roll call vote:
AYES: Dyda, Wolowicz, and Mayor Clark
NOES: Long and Stern
ABSENT: None
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November 4, 2009
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Council discussion ensued regarding the two options for trash containers manufactured
by Rehrig or Toter.
In response to Mayor Pro Tem Wolowicz's question, Mr. Ezzet stated that the Toter and
Rehrig containers were both high quality containers that meet the specifications of the
agreement with no cost differential, so the only issue would be the appearance.
RECESS AND RECONVENE:
Mayor Clark called a brief recess from 10:31 P.M. to 10:36 P.M. to allow the Council
Members to look at the two different automated trash containers.
Councilman Stern moved, seconded by Councilman Dyda, to use the granite colored
Toter trash container with the City's logo with the new residential waste hauling contract
with EDCO.
Mr. South, EDCO Disposal, responded to Council questions and reported the following
points: the granite finish was a preference; the City logo could be added to the
containers; the Rehrig and Toter carts were both excellent and premium containers that
come with a 10-year manufacturer's warranty; the Toter cart was nestable and
manufactured in the yard, which is easier for the delivery process; with several types of
the Rehrig containers manufactured the wheels are installed on the street; the
appearance of the carts was somewhat of an individual preference; cart width of both
are approximately 28 inches, which allows for the smaller gate movement; and, both
carts adequately perform and handle the grippers.
The motion passed on the following roll call vote:
AYES: Dyda, Long, Stern, Wolowicz, and Mayor Clark
NOES: None
ABSENT: None
Mayor Clark left the meeting at 10:45 P.M.
LAX Community Noise Roundtable Update (310)
Deputy City Manager Petru reported that there were two draft letters that were included
in late correspondence distributed prior to the meeting regarding this item.
Beverly Ackerson, representative to the LAX Community Noise Roundtable, stated that
there have been recent increases in noise related to low flying planes over the
Peninsula.
Council discussion focused on flight paths, Instrument Flight Rules (IFR) and routes,
Federal Aviation Administration (FAA) rules, and the issues to be addressed in a letter
to the authorities.
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Councilman Long moved, seconded by Councilman Stern, to take no action on the
matter at the current time.
Without objection, Mayor Pro Tem Wolowicz so ordered.
Extension to Terms of Office for the Finance Advisory Committee, Traffic Safety
Commission, and Emergency Preparedness Committee (306)
Councilman Stern moved, seconded by Councilman Dyda, to waive the staff report.
Without objection, Mayor Pro Tem Wolowicz so ordered.
Councilman Long moved, seconded by Mayor Pro Tem Wolowicz, to take no action.
Council discussion ensued regarding the recruitment and staggering of terms at the end
of the terms of office in December 2010.
Without objection, Mayor Pro Tem Wolowicz so ordered.
Contract Addendum No. 6 for the Marymount College Facilities Expansion Project
Environmental Impact Report (EIR) (1203)
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding this item.
Principal Planner Mihranian provided a brief staff report regarding the RBF Consulting
(RBF) cost proposal and scope of work for the EIR to address the Marymount
Expansion Project in light of the program modification from a two to four year program.
Council and staff discussion focused on an alternate location for the athletic field
Dr. Michael Brophy, Marymount College, stated that Marymount has concerns regarding
the time and costs associated with the approval of the project. He noted that
Marymount College is not interested in building the athletic field in the location the
Council directed to be studied in September. He stated that the Marymount College's
proposed program changes would bring no new students, no additional square footage,
no extra seats, and no new faculty and staff.
In response to Councilman Stern's question, Dr. Brophy stated that Marymount
College's proposal for the athletic field shifts the location of the tennis courts resulting in
the athletic field moving 60 feet further away from the road than the original plan
indicated.
Don Davis, attorney for Marymount College, stated that due to time constraints,
Marymount College is prepared to accept RBF Addendum No. 6 with the specified
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November 4, 2009
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scope of work, with the caveats that the budget is not to be exceeded by RBF, with a
public hearing set as early as possible after the new Council is seated to review items
not on the agenda this evening.
Tom Redfield, Concerned Citizens Coalition/Marymount Expansion (CCC/ME), Rancho
Palos Verdes, commented on the last minute letter from Dr. Brophy of Marymount
College, noting that they disagreed with the five actions requested in that letter. He
stated that many of the numerous delays over nine years have been caused by the
changes proposed by Marymount College.
Jim Gordon, CCC/ME, Rancho Palos Verdes, stated that he was concerned with the
letter from Dr. Brophy and noted that he did not understand the reason why the
Marymount College did not want to move forward as directed at the September 12,
2009 Council Meeting.
Lois Karp, CCC/ME, Rancho Palos Verdes, stated that she objected to the letter from
Marymount College that she received at 3:15 P.M. that afternoon, which did not allow
enough time for the CCC/ME organization to notify its counsel for representation. She
stated that the last minute changes proposed by Marymount College were
unreasonable; noted that a 45-day comment period was agreed upon and anything
other than that would not be in compliance with CEQA; and opined that the process
should move forward as previously discussed without any further changes.
Councilman Long moved, seconded by Councilman Stern, to adopt the staff
recommendation to approve Contract Addendum No. 6 to the Agreement for Consulting
Services between the City of Rancho Palos Verdes and RBF Consulting (RBF) for the
preparation of additional California Environmental Quality Act (CEQA) analysis for the
Marymount College Facilities Expansion Project, in the amount of$107,813, with the
study of the alternate locations for the athletic field and direction to staff to closely
monitor the costs to keep them as low as possible.
The motion passed on the following roll call vote:
AYES: Dyda, Long, Stern, and Mayor Pro Tem Wolowicz
NOES: None
ABSENT: Clark
CITY COUNCIL ORAL REPORTS:
Mayor Pro Tem Wolowicz moved, seconded by Councilman Stern, to defer this item
until the next Council Meeting.
Without objection, Mayor Pro Tem Wolowicz so ordered.
Councilman Long left the meeting at 11:47 P.M.
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November 4, 2009
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COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS:
Mayor Pro Tern Wolowicz moved, seconded by Councilman Stern, to defer this item
until the next Council Meeting.
Without objection, Mayor Pro Tern Wolowicz so ordered.
ADJOURNMENT:
Mayor Pro Tern Wolowicz adjourned the meeting, at 11:48 P.M. in honor of former
Councilman John C. McTaggart.
Attest:
City Clerk
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