CC MINS 20070904 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
SEPTEMBER 4, 2007
The meeting was called to order at 6:00 P.M. by Mayor Long at Fred Hesse Community
Park, 29301 Hawthorne Boulevard and was immediately recessed into Closed Session.
The meeting reconvened at 7:04 P.M.
City Council roll call was answered as follows:
PRESENT: Clark, Gardiner, Stern, Wolowicz, and Mayor Long
ABSENT: None
Also present were City Manager Carolyn Lehr, City Attorney Carol Lynch, Deputy City
Manager Carolynn Petru, Director of Planning, Building & Code Enforcement Joel
Rojas, Director of Public Works Jim Bell, Director of Finance/Information Technology
Dennis McLean,.Associate Planner Kit Fox, Deputy City Clerk Teresa Takaoka, and
City Clerk Carla Morreale.
FLAG SALUTE:
The Flag Salute was led by Councilman Gardiner.
MAYOR'S ANNOUNCEMENTS:
None.
RECYCLE DRAWING:
Mayor Long announced Recyclers of the Month from the August 21, 2007 Council
meeting, Raymond Woodman and Sharon Maya. 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:
Mayor Pro Tem Stern moved, seconded by Councilman Wolowicz, to approve the
Agenda.
Without objection, Mayor Long so ordered.
PUBLIC COMMENTS:
None.
CITY MANAGER REPORT:
City Manager Lehr commented on a recent article in the newspaper regarding traffic
speed and safety issues on Palos Verdes Drive East, noting that the City had not lost its
ability to enforce traffic laws in the area.
Council discussion related to this issue focused on the traffic studies and current speed
limits in the area; traffic enforcement techniques used by the Sheriffs Department; and,
the public's perception of traffic violations.
Los Angeles County Sheriff's Deputy Knox and staff provided clarification and additional
information on the item including the following: specifics on the traffic surveys; State
Administrative Rules concerning speed limits that resulted in tickets being overturned in
court; factors such as speeding and accidents that could be used to lower the speed
limit; specific areas where radar was not being used; and, the Traffic Engineer's efforts
to gather data needed to enable the use of radar in specific areas.
Council and staff discussion ensued regarding the concern that weaknesses in traffic
enforcement were being publicized; and, the need for additional data to be gathered to
strengthen criteria and enhance enforceability in specific areas.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
Councilman Clark moved, seconded by Mayor Pro Tem Stern, to approve the Consent
Calendar with Items 8 and 9 removed from the Consent Calendar for separate
consideration.
The motion carried on the following roll call vote:
AYES: Clark, Gardiner, Stern, Wolowicz and Mayor Long
NOES: None
EMERGENCY STORM DRAIN PROJECT:
Mossbank Storm Drain Rehabilitation (1204 x 604)
Reviewed and reconfirmed by a four/fifths (4/5) vote, the Council's previous action on
August 21, 2007, authorizing staff to proceed with emergency repairs to the Mossbank
Drive storm drain.
OTHER CONSENT CALENDAR ITEMS:
Motion to Waive Full Reading
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September 4, 2007
Page 2 of 12
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 the March 24, 2007 Adjourned Regular Meeting, as amended;
August 7, 2007 Adjourned Regular Meeting; and August 21, 2007 Adjourned Regular
Meeting.
Border Issues Status Report (310)
Reviewed the current status of border issues.
Notice of Completion Palos Verdes Drive South Landslide Road Reconstruction
(1204 x 1404)
1) Accepted the work as complete; and 2) Authorized the City Clerk to file a Notice of
Completion with the County Recorder.
Professional Engineering Services for Residential Streets Overlay and Slurry Seal
Program (FY 07-08) (1204 x 1404)
1) Awarded professional services to Harris & Associates in the amount of$57,660 and
authorized staff to spend an additional $11,000 to pay for additional unforeseen
conditions for a total authorization of$68,660 for the design services of Residential
Streets Overlay and Slurry Seal Programs (FY 07-08); and, 2)Authorized the Mayor
and City Clerk to execute a Professional Services Agreement with Harris & Associates.
Highway Safety Improvements Program (HSIP) Grant for: Upgrade of Traffic
(1405)
1) ADOPTED RESOLUTION 2007-95, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION 2007-70, THE
BUDGET APPROPRIATION FOR FISCAL YEAR 2007-08, FOR NEW BUDGET
APPROPRIATION IN THE AMOUNT OF $236,000, TO AMEND BUDGETS IN THE
CITY'S GENERAL FUND AND CAPITAL IMPROVEMENT PROJECTS (CIP) FUND
FOR FISCAL YEAR 2007-08; and, 2)Authorized expenditure of the above appropriation
in the amount not to exceed $9,500 to design and prepare the bid documents per the
attached proposal by Priority Engineering, Inc. and an estimated allowance of$5,000
for construction oversight for a total of$14,500 for the subject project.
Contract Extension CBM Consulting, Inc. (1204 x 604)
This item was removed from the Consent Calendar for separate consideration.
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September 4, 2007
Page 3 of 12
Additions to the Consolidated Loan between the City and Agency for Expenses
Incurred During FY06-07 (602)
This item was removed from the Consent Calendar for separate consideration.
July 2007 Treasurer's Report (602)
Received and filed the July 2007 Treasurer's Report for the City of Rancho Palos
Verdes.
Register of Demands
ADOPTED RESOLUTION NO. 2007- 96, 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:
Code Amendments (Case Nos. ZON2007-00076 and ZON2007-00311):
Miscellaneous Amendments to Title 17 (Zoning) of the City's Municipal Code to:
1) Waive Duplicate Penalty Fees for After-The-Fact Planning Applications in
Certain Specified Circumstances; 2) Expedite Planning Review and Exempt the
Reconstruction of Single-Family Residences that are Damaged or Destroyed by
Fire from the City's Neighborhood Compatibility Requirements; 3) Revise the
Noise and Vibration Standards from the City's Attached Unit Development
Standards; 4) Add a Requirement for the Construction of Temporary Framework
Silhouettes for Multi-Family Residential, Commercial, Institutional and Cemetery
Projects Requiring Approval of a Conditional Use Permit; and, 5) Clarify the
Development Standards for Legal, Vacant Extreme-Slope Lots [Continued from
August 21, 2007] (1801)
City Clerk Morreale reported that the public hearing was continued from the August 21,
2007 City Council Meeting and she had received no requests to speak on the item.
Councilman Clark moved, seconded by Mayor Long, to adopt the staff recommendation.
In response to Councilman Gardiner's request to vote no on the revision to the noise
and vibration standards, Mayor Long suggested splitting the items for separate
consideration.
Councilman Clark moved, seconded by Mayor Long, to consider the individual staff
recommendations separately.
Councilman Stern suggested changing the language in F2 on the bottom of circle page
3 to read "Deny the waiver in its entirety or grant only a partial waiver."
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September 4, 2007
Page 4 of 12
City Attorney Lynch agreed with the modification in the language.
Councilman Clark and Mayor Long accepted the amendment as the maker and
seconder of the motion.
Mayor Long closed the public hearing.
Councilman Clark moved, seconded by Mayor Long, to 1)Waive duplicate penalty fees
for after-the-fact planning applications in certain specified circumstances; 2) Expedite
planning review and exempt the reconstruction of single-family residences that are
damaged or destroyed by fire from the City's neighborhood compatibility requirements;
3) Add a requirement for the construction of temporary framework silhouettes for multi-
family residential, commercial, institutional and cemetery projects requiring approval of
a conditional use permit; and, 4) Clarify the development standards for legal, vacant
extreme-slope lots.
The motion passed with unanimous approval.
Councilman Clark moved, seconded by Mayor Long, to revise the noise and vibration
standards from the City's attached unit development standards.
The motion passed on the following roll call vote:
AYES: Clark, Stern, Wolowicz, and Mayor Long
NOES: Gardiner
Mayor Pro Tem Stern moved, seconded by Mayor Long, to: 1) INTRODUCE
ORDINANCE NO. 463, AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES, AMENDING MISCELLANEOUS PROVISIONS OF CHAPTERS 17.02, 17.06,
17.48, 17.60, 17.78 AND 17.84 OF TITLE 17 (ZONING) OF THE CITY'S MUNICIPAL
CODE (CASE NOS. ZON2007-00076 AND ZON2007-00311); and, 2) Approve the
proposed Non-Single-Family-Residential Silhouette Criteria.
The motion passed on the following roll call vote:
AYES: Clark, Stern, Wolowicz, and Mayor Long
NOES: Gardiner
PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA:
REGULAR NEW BUSINESS:
Management Consultant for the Organization-Wide Management Assessment
(1101)
City Manager Lehr provided a summary staff report.
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September 4, 2007
Page 5 of 12
Council and staff's discussion topics included the following issues: 1) the selection of
prospective consultants by the City Manager to be interviewed by the Council for final
selection in the performance of the Organization-Wide Management Assessment; 2) the
positive experience reported by the City Manager of Rolling Hills Estates regarding
Management Partners, Inc.; 3) perceived ambiguity of the objectives and the price of
the contract; 4) the proposed tasks and goals and the order in which they are to be
addressed; 5) and, the reconciliation of additional costs if the assessment reaches
beyond its original scope.
City Manager Lehr explained that the proposal presented the basic service as described
by the consultants, with the ability to add on options at the desire of Council.
Mayor Long opined that interviews with the Council should be included in the study and
stressed that the study needed to examine the organization as a whole.
Andy Belknap, Management Partners, Inc., distributed copies of an organizational
review and an action plan they did for another city. He noted that their reputation
depended on staying within the City's budget while delivering the product the client has
requested. He presented a revised proposal to Council including optional elements
based on information gathered at Council's last meeting.
Jan Perkins, Management Partners, Inc., presented a brief summary of her experience
in city government and outlined the approach she would take in conducting the
Organization-Wide Management Assessment.
Councilman Wolowicz expressed concern that the Council's objectives were not clearly
defined in the proposed plan.
Ms. Perkins explained that the Organization-Wide Management Assessment would
begin with individual interviews of all Councilmembers so that each person's objectives
would be clearly identified.
In response to a question from Councilman Clark, Ms. Perkins indicated that
Management Partners, Inc. would be focused on the implementation and practical
identification of opportunities for improvement within the organization.
Responding to Councilman Gardiner regarding the scope of comparison for best
practices, Ms. Perkins explained that Management Partners, Inc. would expand the
scope beyond that of municipal government to the private sector when appropriate. Ms.
Perkins clarified that Management Partners, Inc. would not be doing a fiscal analysis,
but may be able to provide an order of magnitude of potential savings or cost of the
implementation of a particular aspect, depending on the findings or recommendations.
Councilman Gardiner received clarification that Management Partners, Inc. would
consider mandatory vs. discretionary tasks and the distinction between one-time and
ongoing tasks.
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September 4, 2007
Page 6 of 12
Discussion between the Council and representatives of Management Partners, Inc.
focused on the following issues: 1) cost-benefit analysis; 2) strategies for departmental
smoothing of peak workloads; 3) performance measurements of existing tasks and
demonstration of area of possible streamlining; 4) establishment of policies, priorities
and goals to help determine the workflow ; 5) demand of unfunded state or federal
mandates on staff time; and,6) demand on Council and staff when dealing with requests
from the public.
Councilman Clark moved, seconded by Mayor Pro Tem Stern, to approve the staff
recommendation on hiring Management Partners, Inc. as the consultants for the City-
Wide Organizational Assessment, with interviews of Council members taking place as
early as possible in the process.
Councilman Wolowicz suggested an amendment to the motion, stating that he viewed
the base contract to include Option B (Homeowner/Board/Commission Interviews) and
Option C (On-line Board/Commission Survey). The motion to amend was seconded by
Mayor Long for discussion.
The maker and seconder of the motion accepted the amendment.
Council and consultant discussion ensued regarding the incorporation of additional fees
for interviews or online surveys to be conducted with representatives of the Council of
Homeowners Association, City Advisory Board members. Also discussed were the
particulars of the additional scope of work, the potential value of a survey and
interviews, and if that aspect was essential to the study.
The amendment to the motion passed on the following roll call vote:
AYES: Clark, Gardiner, Stern, Wolowicz, and Mayor Long
NOES: None
Councilman Gardiner moved to amend the original motion, seconded by Councilman
Wolowicz, to incorporate the Information Technology (IT) Review in the base contract.
Discussion between Council and Management Partners, Inc. consultants included the
following issues: 1) the extent of the review and the components of Option A—the
Information Technology Review; 2) importance of IT and the potential for significant
gains in productivity by streamlining IT; 2) cost and benefits related to a specific study of
IT and the type of results that study would provide; 3) consideration of evaluating IT
services in phases; 4) the City's history of a recently issued Request for Proposal (RFP)
for refuse collection including its cost and lack of results; 5) growth of the City's IT
budget and how it compares with other cities; and, 6) specific questions on Internet
services and network architecture.
Mayor Long proposed the approach of separating Option A (IT Review) into phases,
where Council would decide after Phase 1 if they would authorize a further study of IT
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September 4, 2007
Page 7 of 12
services, which would include the larger scope and more costly examination of the
subject.
Further Council discussion continued on the phasing-in process of Option A.
Mayor Long offered, as a substitute motion, to instruct the consultant to return with
Option A broken into Phase 1 (a top-level review of Information Technology) and Phase
2, such that at the end of Phase 1 the consultant would give their professional opinion
regarding if the City should proceed with Phase 2 or not. The consultant was instructed
to return to the September 18, 2007 meeting with a revised proposal regarding the
phased in approach of Option A. Mayor Pro Tem Stern seconded the motion.
Without objection, Mayor Long so ordered.
The main motion was brought forward in which Councilman Clark moved, seconded by
Mayor Pro Tem Stern, to 1) Approve the base contract with Management Partners, Inc.,
as amended, with interviews of Council members taking place as early as possible in
the process, with Option B (Homeowner/Board/Commission Interviews) and Option C
(On-line Board/Commission Survey) added.
Without objection, Mayor Long so ordered.
RECESS AND RECONVENE:
Mayor Long called a brief recess from 9:12 P.M. to 9:21 P.M.
Third System Performance Audit of the 2000 Cable Television Franchise
Agreement with Cox Communications (605)
Mayor Long recused himself from the meeting for discussion of this item, because
members of his firm perform work for Cox Communications, unrelated to the City of
Rancho Palos Verdes. Mayor Pro Tem Stern presided over the discussion of the item.
Deputy City Manager Petru provided a summary staff report. She reported that the
Third System Performance Audit found that Cox Communications was in compliance
with the system performance criteria and noted that staff recommended the optional
five-year extension of the franchise agreement with Cox Communications.
Council and staff's discussion focused on the following topics: 1) the impact of the new
state video franchise law; 2) the public's dissatisfaction with Cox Communications
moving the public access channel to Channel 35; 3) the reasoning behind the proposed
five-year extension to the franchise agreement; and, 4) the potential loss of local control
and consumer input due to state video franchise laws.
Responding to Councilman Wolowicz, Deputy City Manager Petru defined Cox
Communication's in-kind support for the City's Educational Access Channel 33 as
space on their Channel line-up and the connectivity between the Cox Communications
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September 4, 2007
Page 8 of 12
studio and the RPV TV Channel 33 studio. She reported that the City also received a
5% Franchise Fee under the current agreement, and if Cox Communications received a
state franchise there was the possibility of an additional 1% Public Education &
Government (PEG) access fee specifically for capital costs.
Further discussion between Council and staff included questioning the need and benefit
of the extension to the City; the time period in which the extension could be executed;
and the request for the Council Cable Committee to review the issues, options, and
unanswered questions.
Art Yoon, Manager of Governmental Affairs, Cox Communications, indicated that his
company had yet to make a legal determination on their on-going service obligation, but
they were operating under the assumption that they would be obligated to continue to
maintain their current level of service to the City if the extension is agreed upon by both
entities. He acknowledged that the state franchise law has significantly changed the
regulatory and competitive landscape and his company was examining all possible
options.
Further Council discussion focused on the merits of the extension and whether to
exercise it now or later.
Councilman Clark moved, seconded by Councilman Gardiner, to make the findings in
connection with the Third System Performance Audit; to refer the item back to the
Council Cable Committee for consideration and further review of the five-year extension
opportunity granted under the Franchise Agreement; and, to identify an additional
Councilmember to serve on the Committee, due to Mayor Long's stated conflict on this
item.
In response to Mayor Pro Tem Stern's questions regarding a dramatic improvement in
the service record of Cox Communications in the past year, Art Yoon reviewed the
significant technological upgrades within the company which have allowed Cox
Communications to provide better service, decrease the number of customer service
calls, and should ensure future performance is maintained at a high level.
Councilman Gardiner received clarification that future competitors of Cox
Communications would be obligated to carry the PEG Channels 33 and 35.
Based on the motion on the floor, Deputy City Manager Petru suggested modifying the
resolution to approve the performance audit, but eliminate any reference to the
extension at this time.
After additional Council discussion of the matter, City Attorney Lynch suggested
continuing the entire item to a future meeting.
Councilman Clark moved, seconded by Councilman Gardiner, to 1) Continue the item to
the September 18, 2007 meeting; and 2) Direct staff to include in the staff report a
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September 4, 2007
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•
discussion of appointing a second Councilmember to the Cox Contract Renewal
subcommittee (absent Mayor Long).
Without objection, Mayor Pro Tem Stern so ordered.
Mayor Long returned to Council Chambers. He explained that he had recused himself
from discussion of the previous item as members of his firm perform work for Cox
Communications unrelated to the City of Rancho Palos Verdes. He noted that the
Channel 33 Cable TV/Cox Franchise Renewal Committee that he has been assigned to
has only dealt with Channel 33 issues. He stated that he remains very interested in that
issue and has devoted much time to issues dealing with Channel 33. He suggested
that an item be placed on the next agenda to create a separate Council Committee to
address issues that he would not be able to deal with related to Cox Communications
and the potential extension of the Franchise Agreement.
Landslide Monitoring at Abalone Cove and Portuguese Bend; Budget
Appropriation for the Joint Powers Improvement Authority Program (2200 x 602)
Councilman Gardiner moved, seconded by Councilman Clark, to waive the staff report
and adopt staff recommendation to Adopt Resolution No. 2007-97, a Resolution of the
City Council of the City of Rancho Palos Verdes, Amending Resolution 2007-70, the
Budget Appropriation for Fiscal Year 2007-2008, for a Budget Adjustment of$20,000 to
the City's General Fund.
The motion passed on the following roll call vote:
AYES: Clark, Gardiner, Stern, Wolowicz, and Mayor Long
NOES: None
ITEMS REMOVED FROM THE CONSENT CALENDAR:
Contract Extension CBM Consulting, Inc.
City Clerk Morreale introduced the item and noted that Councilman Gardiner requested
the item be removed from the Consent Calendar.
Council discussion focused on the amount of the contract and inquired if the amount
was included in the original transfer budget package.
Public Works Director Bell explained that CBM was essentially filling a pre-existing staff
position that had not been filled. He noted that at the beginning of the year a full-time
contract employee was assigned to the Flood Control Protection Program which
substantially advanced progress on certain projects, such as the McCarrell Canyon and
Tarapaca projects.
Councilman Gardiner moved, seconded by Mayor Pro Tem Stern, to authorize a change
to the contract with CBM Consulting, Inc. to increase the dollar amount of the contract
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September 4, 2007
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for Professional Services up to an additional $125,847 for assistance in the
administration of the Water Quality and Flood Protection Program.
The motion passed on the following roll call vote:
AYES: Clark, Gardiner, Stern, Wolowicz, and Mayor Long
NOES: None
Additions to the Consolidated Loan between the City and Agency for Expenses
Incurred During FY06-07
Councilman Wolowicz voiced concern with expense recovery revenue being recorded in
the General Fund before it is actually received.
Finance Director McLean reviewed specifics of the loan and the source of the payments
noting that the revenue was not being recorded prematurely in any fund and that growth
of the tax increment used to repay the loan could result in future tax increment funds
available to pay back the General Fund loan in the future.
Mayor Long clarified the reasoning behind reporting the Consolidated Loan between the
City and the Redevelopment Agency.
Mayor Pro Tem Stern moved, seconded by Councilman Clark, to receive and file the
staff report, which provides information regarding the loan additions to the Rancho
Palos Verdes Redevelopment Agency in the amount of$22,207 for expenses incurred
by the City during FY06-07, with the Consolidated Loan Agreement dated December 1,
2003, authorizing the loan additions.
The motion passed on the following roll call vote:
AYES: Clark, Gardiner, Stern, Wolowicz, and Mayor Long
NOES: None
CITY COUNCIL ORAL REPORTS:
Councilman Clark reported on attending the Sanitation District Board of Directors
Meeting on August 15, 2007, where the Chief Engineer for the County responded to
Joan Davidson's landfill presentation stating the proposal was for a new energy
recovery system with lower emissions and no contaminant issues. He noted that the
Negative Declaration included a complete air quality emissions analysis. He indicated
that the public comment period had been extended to October 1, 2007.
Mayor Long reported on the possibility of offering staff the option of having health
insurance through a Health Savings Account (HSA) or Health Reimbursement
Account (HRA) program pending a Council committee report and
recommendation. He asserted that the options being considered would help to
control the rate of increase of the City's health insurance costs.
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September 4, 2007
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COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS:
Mayor Long stated that he would like to see an item on the next agenda regarding the
Cox Cable Franchise Extension being split from the Channel 33 Committee.
Councilman Wolowicz and Mayor Long asked to see the traffic speed survey item
agendized once the speed surveys are complete, with Mayor Long suggesting that an
item be placed on the agenda whenever the validity of a survey or speed limit is in
question. Council discussion focused on how to proceed in future instances, including
whether the item should be reviewed by the Traffic Safety Commission first, and the
possibility of holding a special meeting to prevent any delay in action.
Councilman Wolowicz asked for assistance from the City Manager in researching the
City's percentage of property tax revenue as he wanted to achieve a higher percentage.
He also wanted to review the amount of property tax dollars collected in the City that are
designated to the Los Angeles County Fire Department compared to the cost of the
City's contract with the Los Angeles County Sheriff Department. Mayor Long concurred
on the lack of data for costs associated with fire protection and supported Councilman
Wolowicz's inquiry.
Councilman Gardiner wanted to revisit the Eastview school boundary issues. Council
and staff discussion focused on the pending meeting with Assemblywoman Karnette
and representatives from the Palos Verdes Peninsula and Los Angeles School Boards.
ADJOURNMENT:
Mayor Pro Tem Stern moved to adjourn.
Mayor Long adjourned the meeting at 10:46 P.M.
Mayor
Attest:
&414-- r //&_
City Clerk
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