CC MINS 20070619 SPC MINUTES
RANCHO PALOS VERDES CITY COUNCIL
SPECIAL MEETING/REGULAR MEETING
JUNE 19, 2007
The Special Meeting was called to order at 6:36 P.M. by Mayor Long at Fred Hesse
Community Park, 29301 Hawthorne Boulevard, notice having been given with affidavit
thereto on file. The Mayor had previously called a Special Meeting so that items on the
Regular Meeting agenda, other than Public Hearings, could be considered between
6:30-7:00 P.M. due to the large number of agenda items. The Regular Meeting followed
immediately after the Special Meeting with no Public Hearings held until 7:00 P.M.
City Council roll call was answered as follows:
PRESENT: Clark*, Gardiner, Stern, Wolowicz, and Mayor Long
ABSENT: None
*Councilman Clark arrived at 6:45 P.M. and left the meeting at 12:18 A.M.
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, Deputy Director of Finance/Information Technology Kathryn Downs,
Deputy Planning Director Greg Pfost, Senior Engineer Ron Dragoo, Associate Planner
Kit Fox and City Clerk Carla Morreale.
FLAG SALUTE:
The Flag Salute was led by Mayor Long.
MAYOR'S ANNOUNCEMENTS:
None.
RECYCLE DRAWING:
Mayor Long announced that the recyclers of the month from the June 5, 2007 Council
meeting were Sue Reinhart and Maria Higgins. He indicated that all winners received a
check for$250 representing a year of free refuse service and he urged everyone to
participate in the City's recycling program.
APPROVAL OF AGENDA:
Councilman Wolowicz asked that the part of Item 23 that relates to the budget be
included with the other budget items.
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June 19, 2007
Page 1 of 30
Mayor Pro Tern Stern moved, seconded by Councilman Wolowicz, to approve the
Agenda as amended with Item 22 presented in conjunction with Item 19, and Item 23 to
be taken up immediately after Item 19. Hearing no objection, Mayor Long so ordered
(absent Councilman Clark).
PUBLIC COMMENTS:
None.
CITY MANAGER'S REPORT:
Deputy Planning Director Pfost provided an update on the Trump National Clubhouse
expansion.
Deputy City Manager Petru reported on efforts to coordinate a meeting between the
Council subcommittee, Assemblywoman Karnette, Los Angeles Unified School District
Board Members, and Palos Verdes Peninsula Unified School District Board Members
regarding the School District boundary issues in the Eastview area.
Councilman Clark arrived at 6:45 P.M.
Councilman Gardiner indicated that he would be out of town on the proposed date for
the joint meeting and the Council agreed that if the date could not be changed that
Councilman Wolowicz could attend in his place.
COUNCIL DISCUSSION OF FUTURE AGENDA ITEMS:
Responding to Councilman Gardiner, City Manager Lehr reported that the Johnson
matter at 58 Avenida Corona was to be agendized in the near future.
Responding to Councilman Wolowicz, City Manager Lehr indicated that an update
regarding girls' softball fields at Upper Hesse Park were scheduled to be discussed at
the second meeting in July.
APPROVAL OF CONSENT CALENDAR:
Mayor Long requested that Item 8 be removed from the Consent Calendar for separate
consideration.
Councilman Wolowicz requested that Items 7 and 15 be discussed in conjunction with
the budget item.
Councilman Gardiner requested that Item 11 be removed from the Consent Calendar
for separate consideration and that Items 8 and 11 be considered immediately after the
Consent Calendar.
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June 19, 2007
Page 2 of 30
Mayor Pro Tern Stern received clarification from Deputy City Manager Petru that five of
the tax-defaulted lots referred to in Item 14 were fragments of private driveways or
private roads on Surrey Lane, in the Portuguese Bend area, and on Via Campesina,
which staff indicated there was no value in attempting to obtain them for public use.
Councilman Gardiner moved, seconded by Councilman Wolowicz, to approve the
Consent Calendar with Items 7, 8, 11 and 15 removed for separate consideration.
A roll call vote reflected the following:
AYES: Clark, Gardiner, Stern*, Wolowicz, and Mayor Long
NOES: None
ABSTAIN: None
ABSENT: None
*Mayor Pro Tern Stern abstained from the approval of the February 20, 2007 minutes
due to his late arrival at that meeting.
EMERGENCY ROAD RECONSTRUCTION PROJECT (1204 X 1404)
Palos Verdes Drive South Landslide (East End) Road Reconstruction
Reviewed and reconfirmed by a four/fifths (4/5) vote, the Council's previous action on
June 5, 2007, authorizing staff to proceed with emergency repairs to the roadway along
Palos Verdes Drive South within the Portuguese Bend Landslide.
OTHER CONSENT CALENDAR ITEMS:
Motion to Waive Full Reading
Adopted a motion to waive reading in full of all ordinances presented at the meeting with
consent of the waiver of reading deemed to be given by all Council Members after the
reading of the title.
Approval of the Minutes (301)
Approved the Minutes of the February 20, 2007 Regular Meeting and March 6, 2007
Regular Meeting, with Mayor Pro Tem Stern abstaining from the approval of the
February 20, 2007 Minutes.
Adopt Resolution for Residential Street Overlay and Slurry Seal Project (Area 9)
(1204 X1404)
ADOPTED RESOLUTION NO. 2007-66, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2006-41,
THE BUDGET APPROPRIATION FOR FISCAL YEAR 2006-2007, FOR A BUDGET
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June 19, 2007
Page 3of30
ADJUSTMENT OF $75,000 TO THE CAPITAL IMPROVEMENT PROJECT (CIP)
FUND AND THE GENERAL FUND.
Revisions to the Fourth Amendment to the Operating Agreement between the City
and the Palos Verdes Peninsula Land Conservancy (1203 X 1411)
Authorized the Mayor to sign a revised, amended Operating Agreement with the Palos
Verdes Peninsula Land Conservancy (PVPLC) to assign the habitat maintenance
responsibility for the portions of the open space lots in the Oceanfront Estates
community that are part of the Natural Communities Conservation Plan (NCCP)
preserve to the PVPLC.
Energy Efficient Lighting Retrofit Contract (1601)
1) Approved the Specifications and Instructions for Energy Efficient Lighting Retrofit
Services; 2) Awarded Construction Contract to Sylvania Lighting Services, Inc. in the
amount of$42,574 for the Energy Efficient Lighting Retrofit services and authorize an
expenditure of up to $8,500 for possible extra work; and, 3) Authorized the Mayor and
City Clerk to execute the contract with Sylvania Lighting Services, Inc.
Traffic Engineering Services Contract (1204 X 1502)
This item was removed from the Consent Calendar for separate consideration.
Case No. ZON2005-00536 (General Plan Amendment, Coastal Specific Plan
Amendment, Zone Change, Vesting Tentative Tract Map No. 67532, Coastal
Permit, Variance, Grading Permit [Lots 1, 2, 3, 4, and 5], Height Variation
Application [Lots 3, 4, and 5], and Environmental Assessment) and ZON2006-
00180 through 00182 (Height Variation for Lots 3 through 5); Property Owner:
Dana Ireland; Site Address: West of Nantasket Drive, between Beachview Drive
and Sea Cove Drive [APN:7573-014-013] (701 X 1203)
This item was removed from the Consent Calendar for separate consideration.
Contract for Building and Safety Services (201)
Authorized the Mayor and City Clerk to execute a professional services agreement with
Charles Abbott Associates Inc. to provide building inspection and plan check services to
the City.
Extension of View Restoration Mediator and Arborist Professional Services
Contracts (1806)
1) Authorized the Mayor and City Clerk to execute a professional services agreement
with the View Restoration Arborist, Mr. David Hayes, for professional arboriculture
services in an amount not to exceed $2,000 annually for two (2) years; and, 2)
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June 19, 2007
Page 4 of 30
Authorized the renewal of the existing contract with the City's View Restoration
Mediator, Ms. Coleen Berg, for an amount not to exceed $40,000 annually for an
additional two (2) years.
Contract Renewal for Geotechnical Consulting Services (1203)
This item was removed from the Consent Calendar for separate consideration.
Extension of Contract Service Agreement for On-Call Biological Consulting
Services (1203)
Authorized the Mayor and City Clerk to execute an extension of the professional
services agreement with David Magney Environmental Consulting to provide on-call
biological consulting services on an as-needed basis to the City for an additional one-
year period.
City Maintenance Contract Extensions (1204 X 1405 X 1407 X 701)
Approved a three-year extension on the contract for Sidewalk Grinding to Central Coast
Surface Grinding, Inc. (CCSG). Approved one year extensions on the contracts for
FY07-08 for the following companies: Republic Electric for signal maintenance, Hardy &
Harper for roadway maintenance, TruGreen Landscape for roadside and park and trail
maintenance, West Coast Arborist for tree maintenance, and Nationwide Environmental
Services for street sweeping.
Purchase of Tax Defaulted Property (950)
Authorized the Mayor and City Clerk to sign an Agreement to Purchase Tax-Defaulted
Property for a 0.17-acre vacant parcel located at the end of East Crest Road, adjacent
to the Federal radar dome facility at San Pedro Hill.
2.5% @ 55 Employee Retirement Formula Resolution of Intention (1202)
This item was removed from the Consent Calendar for separate consideration.
Register of Demands
ADOPTED RESOLUTION NO. 2007-67, 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.
# # # # # #
Items Removed from the Consent Calendar:
Case No. ZON2005-00536 (General Plan Amendment, Coastal Specific Plan
Amendment, Zone Change, Vesting Tentative Tract Map No. 67532, Coastal
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June 19, 2007
Page 5 of 30
Permit, Variance, Grading Permit [Lots 1, 2, 3, 4, and 5], Height Variation
Application [Lots 3, 4, and 5], and Environmental Assessment) and ZON2006-
00180 through 00182 (Height Variation for Lots 3 through 5); Property Owner:
Dana Ireland; Site Address: West of Nantasket Drive, between Beachview Drive
and Sea Cove Drive [APN:7573-014-013] (701 x 1203)
Mayor Long inquired if it was necessary to have a full denial of this project with the
applicant returning to the Planning Commission for consideration. He noted it was his
recollection that the Council did not intend for the applicant to start over again but rather
to have the Planning Commission take another look at the existing application and
changes the applicant might be willing to make.
Councilman Clark reported that he had previously abstained from the item and recused
himself from Council Chambers.
City Attorney Lynch reported that staff had struggled with inconsistent Council direction
but had concluded that Council granted the applicant the option to pursue the project
under the existing Commercial Recreation designation with the possibility of a Bed and
Breakfast component or similar establishment. She stated that staff's understanding
was that the Council denied the application of the change of zoning to RS-4 because
they felt it was too dense, but decided that RS-2 or RS-3 zoning was appropriate. She
added that the resolution could be amended if staff's understanding did not reflect
Council's intent.
Councilman Gardiner indicated that it was not his intent that the applicant should have
to start over and pay the fees again.
Planning Director Rojas clarified that the review process would be essentially the same
whether the project was remanded back to the Planning Commission or denied, except
for the payment of new fees.
City Attorney Lynch suggested Council deny the project without prejudice as RS-4
zoning would be allowed with a smaller scale project.
Members of the Council indicated that their issue with the project was density and
Mayor Pro Tem Stern asked that staff, in that context, suggest how to fold in a quasi-
neighborhood compatibility analysis.
Planning Director Rojas pointed out that to perform a neighborhood compatibility
analysis that involves properties in different zoning districts would require an
amendment to the City's neighborhood compatibility guidelines.
City Attorney Lynch clarified that if the applicant made the project less dense it would
match the current policies and guidelines.
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June 19, 2007
Page 6 of 30
°k.
Mayor Long moved, seconded by Councilman Gardiner, to deny the project without
prejudice and remand it back to the Planning Commission with the stipulation that the
applicant would not be required to pay additional fees and that he attempt to design a
project that would address the concerns of the Council.
Without objection, Mayor Long so ordered.
Councilman Clark returned to Council Chambers after discussion of this item.
Contract Renewal for Geotechnical Consulting Services (1203)
Councilman Gardiner noted that it had been ten years since the City had sent out a bid
for the contract for geotechnical consulting services. He stated he was not happy with
the current service or the presentation made at the Landslide Moratorium workshop.
Staff and Council discussed the contract renewal. Director Rojas explained that Zeiser
Kling had presented a short report at the workshop at staff's direction and explained that
the technical difficulties experienced there were not the fault of Zeiser Kling. He
reported that City staff has worked with Zeiser Kling for many years and they are
pleased with the day-to-day work product of the firm. He indicated that Zeiser Kling
staff is very knowledgeable of the City's requirements and has, over the years, made
procedural changes to facilitate processes for residents.
Mayor Long stated that he favored renewal of the contract with Zeiser Kling as he
indicated there was value in the knowledge the firm had regarding the issues of the area
and value to continuity. He reported that he was pleased with the independent advice
of Zeiser Kling even in the face of concerns of the community, noting that every
geologist at the workshop reaffirmed the City Geologist's opinion despite much pressure
from community members. He noted that changing consultants would send a message
that the City wanted to hear only what they wanted to hear, rather than the best
professional advice.
Councilman Gardiner stated that he disagreed that changing consultants would send
such a message and indicated that he wanted clear, science-based information from the
geologists.
Responding to Mayor Pro Tem Stern, City Attorney Lynch explained that Mr. McLarty
and Mr. Tofani, both experts in the Monks' case, were not at the Landslide Moratorium
workshop since the City wanted to insure that their independence was not
compromised.
Councilman Wolowicz acknowledged that reliability on a day-to-day basis was
important. He indicated he was not satisfied with the presentation at the workshop and
pointed out the necessity of a succinct presentation that was understandable to the
community. He agreed that an RFP should be sent out, so that residents realize the
City is not complacent.
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June 19, 2007
Page 7 of 30
Mayor Pro Tem Stern moved, seconded by Mayor Long, to approve the staff
recommendation.
Councilman Wolowicz moved to amend the motion to ensure that the contract went out
for RFP by June 30, 2009.
Councilman Clark pointed out that it was not fair to promise something for future
Councils.
Councilman Wolowicz withdrew the amendment.
Mayor Pro Tem Stern moved, seconded by Mayor Long, to authorize the Mayor and
City Clerk to execute the proposed agreement with Zeiser Kling Consultants, Inc. to
provide geology and geotechnical engineering consulting services on an as-needed
basis to the City for an additional two years.
The motion passed on the following roll call vote:
AYES: Clark, Stern, Wolowicz, and Mayor Long
NOES: Gardiner
ABSTAIN: None
ABSENT: None
PUBLIC HEARINGS:
Amendment to Revision "BB" to the Trump National Golf Course (1411)
City Clerk Morreale reported that notice of the public hearing was duly published and no
written protests were received and there were no requests to speak on the item.
Mayor Long opened the public hearing.
Responding to Mayor Pro Tem Stern, Deputy Planning Director Pfost explained that the
developer had planted trees along the western side of the driving range which violated
the conditions of the project. He indicated that the developer must either remove the
trees or amend the conditions of the project.
Councilman Gardiner stated that the trees should be removed immediately as they were
blocking the ocean views of several of the residences in the area.
Deputy Planning Director Pfost reported that the request for a permit for the trees as
well as the flagpole would be considered at the July 17, 2007 City Council meeting.
Councilman Wolowicz requested that the developer be present at that meeting.
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June 19, 2007
Page 8 of 30
Council Members expressed concern regarding the developer's trend of asking for
approval of projects after-the-fact and Mayor Pro Tem Stern suggested that the
developer have the trees removed by the July 17, 2007 City Council meeting.
Mayor Pro Tem Stern moved, seconded by Councilman Clark, to continue the public
hearing to the July 17, 2007 City Council meeting.
Without objection, Mayor Long so ordered.
Code Amendment (Case No. ZON2006-00082): An Amendment to Title 17 (Zoning)
to Preserve Opportunities for Future Horsekeeping in the City's Equestrian
Overlay (Q) Districts) [Continued from May 1, 2007] (1801 x 1808)
City Clerk Morreale reported that the public hearing was continued from May 1, 2007,
late correspondence was distributed prior to the meeting, written protests were included
with the staff report, and there were ten requests to speak on the item.
Responding to Councilman Gardiner, City Attorney Lynch advised that Mayor Pro Tem
Stern and Councilman Gardiner should recuse themselves from the discussion of this
item and leave the dais, and they did so.
Associate Planner Fox provided a summary staff report.
Warren Sweetnam, Rancho Palos Verdes, stated that he believed the current system
worked well, but if changes had to be made he indicated the current Planning
Commission proposal was reasonable, and he did not want to see mandatory
restrictions as he felt they would decrease property values.
Ray VanDinther, Rancho Palos Verdes, expressed support for the staff
recommendation noting that there was an advantage to preserving horsekeeping in
Rancho Palos Verdes and maintaining a semi-rural lifestyle in an area totally overtaken
by concrete and bricks. She stated she was disturbed by the use of the word
"mandatory" by a small group of people to make residents think they had to keep a
horse.
Mark Jacobowitz, Palos Verdes Peninsula Horsemen's Association, representing 500
members including many Rancho Palos Verdes residents, reported that they supported
the amendment as they believed a mandatory restriction was necessary. He pointed
out that the area was being eroded each time a property was built in a manner that
made the property incompatible for equestrian purposes, and over time horses would
not be allowed in the area.
Bonnie Fine, speaking on the behalf of the Smith Family Trust, stated that she did not
support mandatory provisions. She indicated support of voluntary provisions noting that
improvements and better access to trails would add to horsekeeping in the area and
stables were more user friendly than keeping horses on residential property. She
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June 19, 2007
Page 9of30
explained that residents should be able to develop property as they wish and reported
that the Planning Commission concluded there was no evidence that horsekeeping had
been lost in the area.
Responding to Mayor Long, Ms. Fine indicated that she was not aware of plans to
subdivide the Smith Family Trust property and noted that it would depend on who was
building as to whether the property would be kept for horsekeeping.
Anna Chu, Rancho Palos Verdes, supported the staff recommendation for controlling
overdevelopment of the equestrian overlay district as she saw a need to maintain the
small pocket as an equestrian zone of the City of Rancho Palos Verdes.
Michael VanHillat, Rancho Palos Verdes, noted he did not want to see a mandatory
restriction imposed in the equestrian zone and suggested that the Planning Commission
make decisions on an individual project basis. He questioned the logic of having those
Council Members who live in the area having to recuse themselves.
Doug Maupin, Rancho Palos Verdes, indicated that the Equestrian Committee came up
with good solutions regarding the importance of eliminating the 35 foot setback on
equestrian properties, which allowed more useable space on lots and encouraged
horsekeeping. He stated that there were many opportunities for horsekeeping without
making it mandatory.
Gordon Leon, Rancho Palos Verdes, indicated that the proposed modification to the
setback requirements of 35 feet would be a tremendous help for maintaining
horsekeeping in the equestrian district; and reported that the Equestrian Committee had
been actively working on the trails to provide an effective network of trails to support the
equestrians in the area.
Richard Bara, Rancho Palos Verdes, clarified that the original proposed Code
Amendment language would only affect projects of new construction, reconstruction,.
tear downs, rebuilds, and major reconstructions; but opposition letters and petitions
implied that every property would be affected. He indicated that many requirements
were gradually compromised out and staff was recommending consideration of only
new subdivisions, which equated to approximately 209 properties being affected. He
explained that there had been much discussion regarding how many horses were
currently in the area. He stated the issue was not how many horses were now present,
but instead, how many there were 10 years ago and how many there would be in the
future.
Madeline Ryan, Rancho Palos Verdes, inquired whether the Council wanted horses in
the City of Rancho Palos Verdes or not, and noted that the only way to ensure the
continuance of the equestrian "Q" zone was through restrictive measures. She reported
that four properties in the last three years engaged in lot line adjustments, which
resulted in the loss of zoning for the keeping of horses for those properties. She
suggested that homeowners who want to use every inch of their buildable space should
City Council Minutes
June 19, 2007
Page 10 of 30
be required to apply for a variance to be heard before the Planning Commission so that
the City can measure what it is losing. She pointed out that the City did not keep
records specific to equestrian areas lost, but stated it was important to preserve the
equestrian "Q" zone as the forefathers had intended, by adopting more stringent codes.
Kay Bara, Rancho Palos Verdes, stated that she hoped the Council would work towards
the adoption of more firm restrictions in the future noting that square footage restrictions
have been used effectively by other cities. She commented that much money and effort
was being put into the open space preserve, but soon there would be no horses on the
trails.
Michael Cotter, Rancho Palos Verdes, President of the Road Association, noted that
most people were not happy about restrictions being placed on their properties in order
to accommodate horses and expressed concern about the homeowners with small
houses who would not be able to increase the square footage of their homes.
Lynne Amano, Rancho Palos Verdes, expressed hope that the Council would preserve
the horsekeeping areas of the City.
Dave Wall, Rancho Palos Verdes, pointed out that the proposed legislation did not
address the topography of the lots and he saw that as a serious defect. He objected to
the proposal and cited safety issues created by pedestrians, cyclists, and horses on
Palos Verdes Drive East.
Mayor Long closed the public hearing.
Councilman Clark moved, seconded by Mayor Long, to approve the staff
recommendation.
Councilman Wolowicz commented that slightly misleading phrases had created
misunderstanding in the community. He noted that he did not support changing the
rules for property owners after-the-fact, but did support the concept of incentives and
hoped the new regulations would give people incentives to follow the rules. He
indicated that the legislation would resolve the issue and noted that the City had made a
commitment to open space and had provided opportunities for horses.
Councilman Clark stated that the proposal before Council made sense and that the time
and effort of the community, the Equestrian Committee, the Planning Commission and
staff had paid off with the proposal of a voluntary and incentive driven approach to
address the issue. He commented that only time would tell as to whether the
community wanted an equestrian "0" zone or not and suggested amending the motion
to add a sunset of five years on the Code change so Council could review the matter to
see what impact it has had on the community at that time.
Mayor Long supported the motion and wanted mandatory language included for lots to
be subdivided. He noted that he believed incentives would not work in the long run nor
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June 19, 2007
Page 11 of 30
did he believe that zoning regulations should be voluntary. He cautioned against letting
people build to the maximum possible on their lots, citing Manhattan Beach as a
negative example of such building, and pointed out that other areas like Palos Verdes
Estates had (Floor Area Ratios) FARs in order to limit development. He noted that
some people in the community wanted to preserve open space, which includes the
open space around their homes, and expressed concern that the line would become
blurred over time and that restrictions should not be limited to the "Q" district.
Councilman Clark stated that a Council subcommittee was established to deal with
neighborhood compatibility to eliminate the unintended consequences of gradual
overdevelopment by analyzing the impact on neighborhoods and residents. He noted
that a maximum square footage provision was removed because it was inequitable to
residents. He stated that the proposal was a reasonable approach to amend the current
Code in the equestrian district and to give incentives to promote the retention of
equestrian use and horsekeepinj, but it was not mandated, which was an aspect many
residents opposed.
Mayor Long clarified that the previous square footage limitation was not dependent on
the size of the lot which was the aspect that made it inequitable and observed that
Palos Verdes Estates had a FAR limit. He supported the motion though he believed it
to be ineffective as it would not succeed in preserving open space because a FAR had
not also been created.
City Attorney Lynch noted that s'nce a mandatory component was being added to the
language that was not in the proposed ordinance, the item should be continued so that
particular language could be added.
Mayor Long moved to amend the motion to add the language under Other Possible
Suggested Language section.
The amendment died for lack of a second.
Councilman Clark moved, seconded by Mayor Long, to amend the motion adding the
provision of a sunset in five years to reflect on the impact of the Code amendment to the
community.
The motion failed on the following roll call vote:
AYES: Clark and Mayor Long
NOES: Wolowicz
Councilman Clark moved, seconded by Mayor Long, to INTRODUCE ORDINANCE NO.
460, AS AMENDED, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING CHAPTER 17.46 OF TITLE 17 OF THE CITY'S MUNICIPAL CODE (CASE
NO. ZON2006-00082) TO ESTABLISH REGULATIONS FOR THE PRESERVATION
OF FUTURE HORSEKEEPING OPPORTUNITIES IN THE CITY'S EQUESTRIAN
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June 19, 2007
Page 12 of 30
OVERLAY (Q) DISTRICTS, thereby adopting Addendum No. 16 to Environmental
Assessment/Negative Declaration (EA/ND) No. 694 and approving the Planning
Commission's recommended `Q' District Code Amendment (Case No. ZON2006-
00082).
City Attorney Lynch suggested a minor edit to the ordinance, on Circle Page 6, so that it
read " ... the following incentives shall be offered to encourage compliance with ..."
which was accepted by the maker of the motion.
A roll call vote reflected the following:
AYES: Clark, Wolowicz, and Mayor Long
NOES: None
Recess and Reconvene
Mayor Long called a brief recess from 8:43 P.M. to 8:57 P.M.
Councilman Gardiner and Mayor Pro Tem Stern returned to Council Chambers.
Councilman Wolowicz clarified that all the budget issues would be discussed
simultaneously to be immediately followed by discussion of the item regarding Channel
33.
Adoption of the City Budget and Employee Salary Ranges for Fiscal Year 2007-
2008 (602 X 1202)
City Manager Lehr provided a summary staff report.
Deputy Finance Director Downs provided a presentation on the Five-Year Model.
Responding to Mayor Long, Public Works Director Bell explained that the proposed
funding plan for the paving maintenance of arterial roads was to move from 0 to 9%,
which maintains the average standard range.
Responding to Mayor Pro Tem Stern, Finance Director McLean reported that the growth
of property tax revenue has been reduced from 6% beyond 2007-2008, but that the
County of Los Angeles had provided information reflecting an expectation of growth of
property tax revenue during the 2007-2008.
Mayor Pro Tem Stern commented that the City of Rancho Palos Verdes was not like the
rest of the Los Angeles County and did not have the same amount of[property] turnover
as the County.
Councilman Wolowicz received clarification that numbers in the two-year budget
document and the five-year model were basically the same with a $15,000 difference.
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June 19, 2007
Page 13 of 30
He observed that significant assumptions were included and the ripple effect would be
enormous.
Responding to Mayor Long, Public Works Director Bell stated that the Council had been
provided a plan to keep the roads intact and explained that staff had also considered a
plan to bring the roads up to optimal condition in six years which would require
additional funding of$350,000 annually.
Finance Director McLean reported on pending legislative actions that could include
transportation funds, some of which could be allocated to Rancho Palos Verdes, and
might enable a reassessment in the near future by Public Works staff.
Mayor Pro Tem Stern indicated that residents expected good quality roads and he
questioned why staff did not recommend something as part of this budget and in the
Five-Year Model that allocated $2 million towards road maintenance.
Public Works Director Bell explained pavement indexes, noted that the standard could
be changed in the future, and commented that he supported pursuing external funding
for paving and road maintenance.
Councilman Gardiner and Mayor Long discussed methods to determine whether the
City would be in a better position to pay now or pay later.
Staff and the Council discussed whether appeals were cost recoverable and Finance
Director McLean reported that a Cost Fee Study conducted about three years ago
showed a rate of recovery of about 30% of the City costs. He estimated that the City
had increased the cost recovery of appeal costs up to approximately 10-15%.
City Attorney Lynch explained that the City was allowed to recover out of pocket
expenditures.
Councilman Gardiner received clarification about hours allocated to the Finance
Advisory Committee; ongoing and one-time expenses; transient expenses; and
assurance that there was not double counting on the General Plan Update which would
probably end within the next three years.
Responding to Mayor Long as to the annual savings of reduced overtime, Deputy
Finance Director Downs explained that quite a bit of overtime was not being claimed
and most overtime was not paid, but was instead being taken in compensation hours.
She indicated that the 2007-2008 Budget did not include a large decrease in the amount
of overtime compared to previous budgets and noted that much overtime was claimed
by exempt employees.
Mayor Pro Tem Stern was troubled by the observation of the underreporting of actual
overtime work.
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June 19, 2007
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Councilman Wolowicz expressed concern with the decrease to the budget for street
repairs.
Deputy Finance Director Downs explained that the 2006-2007 budget of$5 million for
pavement included carryovers from previous years.
Public Works Director Bell explained that in the past there had been some missed years
on paving and the arterials were not maintained properly, but that the model had been
adjusted to provide for more of a long term present value projection for residential
roadways. He summarized some of the history of the arterial maintenance and
suggested that there could be other methods and funds available to bring the arterial
standards up to a higher level.
Councilman Wolowicz commented on the uncertainty of the City receiving funding from
the State. He posed several questions to Deputy Finance Director Downs who
explained that Sheriff figures in the Five Year Model were based on 5% increases and
that the 2007-2008 budget would get them to full costs for the newly added traffic
enforcement deputies. She indicated that expenditures were not separated out in the
Five-Year Model, but they had a blending assumption. She explained that non-
employee expenditures were anticipated to increase at a rate of 3% each year with
3.25% applied to all expenditures to allow for a higher rate of increase for personnel
costs; the City Attorney reduction was due to a decrease in lawsuits; and increases to
employee benefits included the enhanced pension benefits formula, the additional
employees, and the 7% merit pool for 2007-2008.
Mayor Long requested the staff reports be presented for the next two items, the Traffic
Engineering Services Contract and the 2.5% @ 55 Employee Retirement Formula
Resolution of Intention, that are being considered in conjunction with the Adoption of the
City Budget & Employee Salary Ranges for Fiscal Year 2007-2008 and the 2007 Five-
Year Financial Model.
Traffic Engineering Services Contract (1204 X1502)
Public Works Director Bell provided a brief summary staff report.
Responding to Councilman Wolowicz, Public Works Director Bell explained that the
budget proposal included only base costs for traffic engineering services.
Mayor Pro Tem Stern received clarification that staff had been reactive in terms of the
utilization of the traffic engineer and that there was not an overall proactive game plan
to identify problems and solve them before they occurred.
Public Works Director Bell reported that due to community pressure, there had been
more concentration on neighborhood quality improvement objectives and projects,
which displaced proactive work on safety issues and the opportunity to spend time in
City Council Minutes
June 19, 2007
Page 15 of 30
the pursuit of grants. He suggested that staff could return with a menu of future
objectives to see what components the Council was interested in.
Mayor Long suggested the possibility of the Traffic Safety Commission reviewing
methods to systemically improve safety on Palos Verdes Drive East. He received
clarification that such a component was not currently included in the budget.
Public Works Director Bell emphasized the importance of examining the safety issues
and objectives related to Palos Verdes Drive East and formulating a plan of action. He
pointed out that working with the community on design efforts clearly required extra
funding. He estimated that a more detailed initial investigation of safety issues would
cost about $15,000 and that more work was needed to present a better overall design
package to the City Council, but indicated that it was reasonable to adopt the budget
with staff working on a plan as to the best methods to move forward.
Deputy Finance Director Downs explained that money had been allocated in the Fiscal
Year 2007-2008 Budget to accomplish the objectives but staff had not yet determined
whether they would prefer to hire a full time associate engineer to cover traffic safety
issues or use contract services to achieve that goal.
Councilman Wolowicz received clarification that the money was allocated in the budget
for either a full-time position or a consultant, but not both, and any necessary budget
adjustment could be requested.
2.5% @ 55 Employee Retirement Formula Resolution of Intention (1202)
Deputy City Manager Petru provided a brief staff report.
Responding to Councilman Gardiner, Finance Director McLean indicated that moving
from a 2% at 55 retirement formula to a 2.5% at 55 retirement formula would increase
the City's costs and add a future obligation.
Responding to Councilman Gardiner, Deputy City Manager Petru indicated that the
Present Value of Benefits totaling $962,677 would accrue to the existing employees and
the Accrued Liability of$449,700 applies to the City and the Plan.
Staff and the Council discussed amortization, surpluses in the employee benefits fund,
Council restricted funds, General Fund coverage of the side fund liability requirement
shortfall, and liability vs. cash flow.
Recess and Reconvene
Mayor Long called a brief recess from 10:19 P.M. to 10:27 P.M.
Mayor Long opened the public hearing for Item 19 regarding the adoption of the City
Budget and Employee Salary Ranges for FY07-08.
City Council Minutes
June 19, 2007
Page 16 of 30
There were no public speakers.
Mayor Long closed the public hearing.
Mayor Long explained that the staff reports were complete for Items 19, 22, 7, and 15
and asked Council's preference for the manner in which to proceed, noting that Item 7,
the Traffic Engineering Services Contract, and Item 15, the 2.5% at 55 Employee
Retirement Formula Resolution of Intention, were specific and suggested that action be
taken on those items first.
Mayor Pro Tem Stern moved, seconded by Councilman Gardiner, to award and
authorize the Mayor to execute the Traffic Engineering Services Contract for the City of
Rancho Palos Verdes, in the amount not to exceed $46,900 with Priority Engineering
Inc.
The motion passed on the following roll call vote:
AYES: Clark, Gardiner, Stern, Wolowicz, and Mayor Long
NOES: None
ABSTAIN: None
ABSENT: None
Mayor Pro Tem Stern moved, seconded by Councilman Clark, to approve the staff
recommendation on the 2.5% at 55 Employee Retirement Formula Resolution of
Intention.
Councilman Wolowicz proposed a substitute motion, seconded by Councilman
Gardiner, for a 2% at 55 Employee Retirement Formula.
Councilman Wolowicz expressed concern with continued increases in defined benefit
costs to the City and stated that he believed the City should hold the line on the
increase of pension costs.
Deputy City Manager Petru explained that the City's current retirement formula was 2%
at 55.
Council Wolowicz confirmed that he sought to keep the benefit formula at its present
rate.
Mayor Pro Tem Stern stated that he believed the change to the City's retirement plan to
be appropriate and while he recognized that it would cost the City money, he indicated it
would be a bad move to change course after the Council had preliminarily approved it.
Councilman Clark indicated that according to Tierra West's Retirement Benefit Survey,
adopting a 2.5% at 55 Employee Retirement Formula would elevate the City's ranking
City Council Minutes
June 19, 2007
Page 17 of 30
from near last to near the midrange compared to 21 other southern California cities
surveyed, and he believed staff deserved the modification to retirement benefits.
Mayor Long expressed frustration with the State's policy direction and noted that without
the increase in retirement benefits the City ran the risk of increased staff turnover, which
was expensive and disruptive.
Staff and the Council discussed the proposal to provide employees with post retirement
health care accounts, the City's ranking compared to other cities in terms of its benefits
package, and the Public Agency Retirement System (PARS).
The substitute motion failed on the following roll call vote:
AYES: Gardiner and Wolowicz
NOES: Clark, Stern, and Mayor Long
A roll call vote on the main motion to ADOPT RESOLUTION NO. 2007-68; A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
ADOPTING A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO
THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEE'S RETIREMENT SYSTEM AND THE CITY OF
RANCHO PALOS VERDES FOR THE 2.5% @ 55 RETIREMENT BENEFIT FORMULA
passed on the following roll call vote:
AYES: Clark, Stern, and Mayor Long
NOES: Gardiner and Wolowicz
Mayor Pro Tem Stern suggested that Item 22, the 2007 Five-Year Financial Model be
considered next.
2007 Five-Year Financial Model (602)
Mayor Pro Tem Stern moved, seconded by Councilman Clark, to approve the staff
recommendation to 1) Receive and file the 2007 Five-Year Financial Model; 2) Based
on the needs of the City and the analysis of revenues derived from the Utility Users Tax
required by Municipal Code Section 3.30.190 annually, determine that the current Utility
Users Tax rate of 3% continues to be a necessary General Fund revenue source and
the current rate of 3% should be maintained; and 3) Based on the needs of the City and
the analysis of revenues derived from the Golf Tax required by Municipal Code Section
3.40.140 every four years, determine that the current Golf Tax rate of 10% continues to
be a necessary General Fund revenue source and the current rate of 10% should be
maintained; and, 4) ADOPT RESOLUTION NO. 2007-69, A RESOLUTION OF THE
COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION
NO. 2006-41, THE BUDGET APPROPRIATION FOR FY06-07, TO INCREASE THE
GENERAL FUND REVENUE BUDGET OF THE CITY by a total of$350,000 ($150,000
for Property Tax and $200,000 for Property Tax In-Lieu of VLF Revenues).
City Council Minutes
June 19, 2007
Page 18 of 30
Responding to Councilman Gardiner, Finance Director McLean explained that the City
had prepared the Five-Year Model for approximately the last seven years. He indicated
that a trend analysis had been prepared for revenue budgeting accuracy, but not for
expenditures, and that the trend analysis was present in the Budget document.
Councilman Gardiner clarified that the Five-Year Model deals with parameters,
constants, and a model, but was not an actual budget.
The motion passed on the following roll call vote:
AYES: Clark, Gardiner, Stern, Wolowicz, and Mayor Long
NOES: None
Mayor Pro Tem Stern moved, seconded by Councilman Clark, to adopt the FY07-08
City Budget as presented. (This motion was not voted on, but was restated later in the
meeting.)
Councilman Wolowicz expressed concern about employee positions being added. He
stated that he understood the three positions of Deputy Director of Public Works,
Associate Engineer in Public Works, and Senior Information Technician in Finance were
upgrades, not new positions. He explained that he understood the new positions to be
the following: Senior Administrative Analyst in the City Manager's Office, Senior
Accountant in Finance/ Information Technology Department, Senior Administrative
Analyst in Public Works, and Open Space & Trails Manager in the Planning, Building,
and Code Enforcement Department. He inquired if there were alternatives to the new
positions, in terms of contract employees now filling the positions.
Deputy Finance Director Downs explained that the Traffic Engineering position was one
of the upgrades in the budget, and confirmed that the three position upgrades and the
new positions, as reiterated by Councilman Wolowicz, were included in the proposed
budget.
Councilman Gardiner questioned whether it was possible to save money by reordering
priorities; disagreed with hiring four people before the management audit was
conducted to determine if additional staff was necessary; pointed out that the City asked
residents to pay a Storm Drain User Fee for the repair of deteriorating storm drains, but
could find funds to hire four staff members; opined that money could be saved by
sending Information Technology (IT) out to bid; and requested that the IT portion of the
budget be voted on separately.
Councilman Gardiner proposed an amendment to the motion, seconded by Councilman
Wolowicz, to vote on the IT portion of the budget separately.
Councilman Gardiner pointed out that the price of computers had dropped, but the IT
budget had steadily increased noting that IT had not been out to bid since 1998 or 1999.
City Council Minutes
June 19, 2007
Page 19 of 30
He added that he understood that Channel 33 was supposed to be self-sustaining and
was opposed to any subsidy for Channel 33.
Mayor Pro Tern Stern indicated that additional staffing was necessary and without
appropriate staffing, the City Manager would not be able to implement the policies the
Council had worked hard to establish.
Councilman Clark expressed concern with staff burnout noting that the new City
Manager had evaluated the workload of each department and her assessment was that
City Hall was understaffed.
Mayor Long observed that in the past the Council had expressed concern with
contracting out tasks they believed the City should have the ability to handle. He
commented that the Council required a great deal of staff time and while increased
staffing could be deferred, it should be noted that staffing needs had been put off for a
number of years. He pointed out that the City had been unable to take on an
accelerated program to repair storm drains because they did not have the staff to
manage the program and discussed the issue of the user fee and utility tax. He pointed
out that much of the City's exempt staff was working excessive overtime hours which
could result in burnout and noted that City staffing should be effective and efficient so
that employees are able to provide quality service.
Councilman Wolowicz stated that he supported the Senior Administrative Analyst
position for Public Works, but did not support the other positions at this time due to
decisions that might need to be made in the November General Municipal Election.
Councilman Wolowicz proposed a second amendment to the motion, seconded by
Mayor Long, to defer all new staff positions except for Senior Administrative Analyst for
Public Works.
City Attorney Lynch suggested that Council vote on the first amendment to the motion
that was on the floor, and then move on to the second amendment.
Mayor Long inquired if Council needed further discussion on the first amendment to the
motion, which was to vote on the IT portion of the budget separately.
Responding to Councilman Wolowicz, City Manager Lehr reported that $100,000 had
been set aside for the organization-wide management audit, and it was her intention to
provide a review of the City's IT services as a part of that audit.
Council and staff discussed the IT review and Finance Director McLean indicated that it
was his understanding that the IT review would be the very first step of the management
audit.
The first amendment to the motion to vote on the IT portion of the budget separately
failed on the following roll call vote:
City Council Minutes
June 19, 2007
Page 20 of 30
AYES: Gardiner and Wolowicz
NOES: Clark, Stern, and Mayor Long
Mayor Long clarified in seconding the motion to the second amendment made by
Councilman Wolowicz, that the motion was to defer three of the proposed staff
positions, other than the Senior Administrative Analyst, until December or until such
time as the management audit was complete.
City Manager Lehr requested that if the second amendment passed, staff be given
direction to return with a list of tasks to be deferred.
Mayor Long indicated that he believed the positions were needed, but acknowledged
that the management audit could prove him wrong and was willing to look at that. He
commented that Council agreed that Public Works staff should be augmented
immediately, but noted that if voters rejected the User Fee, the City would be faced with
cutting staff positions.
Mayor Pro Tem Stern stated that the priorities established by Council were appropriate
to address the needs and desires of the community. He stated he was optimistic that
staff could take advantage of efficiencies, but noted that the audit had not even begun
and the results would not be available for at least 12 months. He indicated that he did
not want projects and priorities placed on hold and given the backlog of the work he
opined it was better to move forward and get the job done.
Councilman Clark stated it was arbitrary and capricious to support one of the positions
and not the others in light of the well-documented, detailed information provided by the
City Manager and staff.
Councilmembers discussed various items in the budget including the use of outside
contractors, staff size vs. City population, planned retirements, budget assumptions,
and break-even budgets.
Mayor Long moved, seconded by Councilman Clark, to vote on the addition of each
position separately.
Without objection, Mayor Long so ordered.
The motion passed to approve the addition of the Senior Administrative Analyst position
in the Public Works Department by the following roll call vote:
AYES: Clark, Stern, Wolowicz, and Mayor Long
NOES: Gardiner
The motion failed to approve the addition of the Senior Accountant position in the
Finance/IT Department by the following roll call vote:
City Council Minutes
June 19, 2007
Page 21 of 30
AYES: Clark and Stern
NOES: Gardiner, Wolowicz, and Mayor Long
The motion failed to approve the addition of the Senior Administrative Analyst position in
the City Manager's Office by the following roll call vote:
AYES: Clark and Stern
NOES: Gardiner, Wolowicz, and Mayor Long
The motion passed to approve the addition of the Open Space and Trails Manager
position in Planning, Building & Code Enforcement Department by the following roll call
vote:
AYES: Clark, Stern, and Mayor Long
NOES: Gardiner and Wolowicz
Councilman Clark requested the reconsideration of the vote on the Senior
Administrative Analyst position in the City Manager's Office.
Mayor Long denied the request for reconsideration.
Councilman Wolowicz moved, seconded by Mayor Long, to 1) Reevaluate the two
remaining requested positions (Senior Administrative Analyst in the City Manager's
Department and Senior Accountant in the Finance/IT Department) after the completion
of the management audit, but no sooner than December 2007; and 2) Direct the City
Manager to create a list of tasks that the City Manager and Finance/IT Departments
would not be able to perform without additional staff resources.
The motion passed on the following roll call vote:
AYES: Clark, Gardiner, Stern, Wolowicz, and Mayor Long
NOES: None
Mayor Pro Tem Stern moved, seconded by Councilman Wolowicz, to 1) ADOPT
RESOLUTION NO. 2007-70, AS AMENDED, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RANCHO PALOS VERDES, APPROVING THE CITY BUDGET FOR
FISCAL YEAR 2007-2008; and 2) ADOPT RESOLUTION NO. 2007-71, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
ESTABLISHING SALARY AND HOURLY RANGES FOR COMPETITIVE AND
MANAGEMENT EMPLOYEE JOB CLASSIFICATIONS.
Deputy City Manager Petru reiterated that included in the Budget are the three
upgraded positions previously discussed.
City Council Minutes
June 19, 2007
Page 22 of 30
Deputy Finance Director Downs read the revised numbers for the Budget with the
deletion of two of the proposed positions so that the resolutions could be adopted.
The motion passed on the following roll call vote:
AYES: Clark, Stern, Wolowicz, and Mayor Long
NOES: Gardiner
Councilman Clark moved, seconded by Mayor Long, to continue all matters not yet
addressed to the next regular Council meeting.
City Manager Lehr indicated that paid consultants were in the audience and the Council
decided to continue with the meeting after a brief recess.
Recess and Reconvene
Mayor Long called a brief recess from 11:49 P.M. to 11:53 P.M.
Channel 33 Business Plan, Operating Policies and Proposed Budget FY 2007/08
and 2008/09 (305)
City Clerk Morreale noted that late correspondence was distributed prior to the meeting
and there was one request to speak on the item.
City Manager Lehr suggested that Council defer the policy decisions and consider only
the three contract agreements. City Manager Lehr presented brief summary staff
report.
Councilman Clark noted previous discussion that the station was a form of media and
information and suggested that another alternative would be for the General Manager of
the Channel 33 Station to report to the Director of IT.
City Manager Lehr explained that option had been clearly rejected and Council had
concurred with former City Manager Bussey's report in March where he recommended
that the General Manager report to the City Manager's office.
Mayor Pro Tem Stern indicated that all departments should report to the City Manager,
noted that he did not support significant involvement of the subcommittee, and
questioned what the best organizational structure would be for handling Channel 33.
City Manager Lehr stated that she concurred with the workshop recommendation which
was that the position of General Manager and operation of Channel 33 would report to
the City Manager's office, like any other department.
Mayor Long called for the public speaker.
City Council Minutes
June 19, 2007
Page 23 of 30
Ken Dyda, Rancho Palos Verdes, stated that it had been appropriate to have a
subcommittee during the startup of the City's television station, but now that the channel
was established he believed it important to set the policy and have Channel 33 operate
as a City function reporting to the City Manager. He expressed concern that the Joint
Powers Authority (JPA) would dilute control and reported that a rate schedule in the
business plan would release the need for a JPA to provide funding. He indicated it was
a mistake to create entitlements, the channel should be treated like any other
department in terms of funding, the General Manager function should be defined in
terms of a job description, time critical programs should be given priority, a regular
schedule should be provided for program series such as City Talk, imported programs
should be avoided, an in-house training program should be developed, disagreements
with General Manager decisions should be resolved by the City Manager like other
departments, programming should be consistent with content policies and may be
submitted for airing by others, and he believed it was not necessary for station
management to commission programs as good programs would be submitted. He
observed that the current workload of the General Manager was excessive and he
indicated that part of the budget should be allocated for staff to assist her.
Gabriella Holt, Channel 33 Station Manager, commented on the tremendous workload
that existed and noted that as more managerial duties were added production time was
decreased. She indicated that the enterprise became more expensive as it became a
City department under City Council control. She stated that due to other commitments
she would not be able to continue to provide General Management duties as of the end
of the fiscal year and sought to provide the Council with information so they could make
an informed decision and understand the consequences of that decision.
Responding to Mayor Long, Ms. Holt clarified that she would not take on the additional
administrative duties that they were looking to ascribe as of July 1, 2007, but that she
would continue as a volunteer for Channel 33.
Mayor Pro Tem Stern expressed appreciation for Ms. Holt's service and he supported
City Manager Lehr being responsible for the station.
Ms. Holt stated that she agreed that the City Manager should oversee the station, but
suggested that the Council might need to reframe their thinking regarding the station
resembling a department of the City. She indicated that she agreed with the suggestion
by Mayor Long to defer the decision until December after the management audit. She
pointed out the many administrative duties necessary and cited the need for some sort
of funding stream as the end of FY 2006-2007 drew near and as the station continued
to become more automated.
Mayor Pro Tem Stern moved, seconded by Councilman Clark, to adopt the governance
model whereby the Channel 33 Studio General Manager would report to the City
Manager in the same manner as department heads.
City Council Minutes
June 19, 2007
Page 24 of 30
Responding to Councilman Wolowicz, Ms. Holt stated that the General Manager would
be the overall person who would report to the City Manager and would not be a
volunteer although the position could be part time. She indicated that she was available
in a volunteer capacity for productions and scheduling for Channel 33, but stated it was
not reasonable to expect her to do all of the extra administrative tasks.
Without objection, Mayor Long so ordered.
Councilman Clark departed the meeting at 12:18 A.M.
Responding to Mayor Pro Tem Stern, City Manager Lehr indicated that she was not
aware of problems with the SCROC agreement and that there was not a cost involved
with that agreement.
City Attorney Lynch indicated that she had reviewed the agreement.
Mayor Long clarified that the approval of the TVTN agreement that implemented the
automation of Channel 33, which was conceptually approved at the January Channel 33
workshop, would save money in the long run.
City Manager Lehr indicated that the automation feature was important since Ms. Holt
would no longer be the General Manager of the Channel 33 station.
Mayor Pro Tem Stern suggested deferring the item to give staff time to consider the
impact of Ms. Holt's departure as General Manager.
Council and staff discussed which items could be deferred and which required action.
Mayor Long moved, seconded by Mayor Pro Tem Stern, to 1) Approve the renewal of
the Southern California Regional Occupational Center (SCROC) lease agreement for
FY 07/08; 2) Approve the TelVue Corporation (TVTN) agreement; 3) Continue all other
aspects of this item to the City Council Meeting of July 3, 2007, including the following:
JPA Governance and Contributory Funding; Franchise Fees; Adoption of Channel 33
Operating Budget for FY 07-08; Approval of Channel 33 Production, Programming and
Operational Policies and Procedures; Approval of Channel 33 Business Plan; Role of
Channel 33 Cable TV/Cox Contract Renewal Subcommittee; 4) Direct that Channel 33
be included in the City's Management Audit; and, 5)Approve the FY 07-08 Budget for
Channel 33 consistent with the budget items conceptually approved at the January 27,
2007 Workshop, with no additional positions to be added until after December 2007.
A roll call vote on the motion reflected unanimous approval.
Annual Levy of Storm Drain User Fee (Fiscal Year 2007-08) (604 X 602)
City Council Minutes
June 19, 2007
Page 25 of 30
City Clerk Morreale reported that notice of the public hearing was duly published and
written protests were included in the late correspondence distributed prior to the
meeting. She indicated there were three requests to speak.
Finance Director McLean provided a brief staff report.
City Attorney Lynch clarified that the increase of the User Fee from $86.00 to $87.72
reflects the 2% increase currently authorized within the ordinance approved by the
property voters in August 2005.
Mayor Long opened the public hearing.
Frank Lyon, Chairman of the Oversight Committee, Rancho Palos Verdes, briefly
summarized the Oversight Committee's findings and recommendations noting that
available funds were inadequate to address storm drain issues and an aggressive
approach was necessary. He indicated that the Oversight Committee deferred to the
Council regarding raising the User Fee, but agreed that retention of the User Fee was
essential in the near term until such time as other sources of significant revenue
become available. He reported an Oversight Committee recommendation that staff and
the Council adjust future budgets to maintain a prudent General Fund reserve level and
that the Council prepare an information summary for the public prior to the November
election.
Responding to Mayor Pro Tem Stern, Mr. Lyon commented that the amount of the
increase was very small but it could create a negative public perception.
Councilman Wolowicz received clarification that Mr. Lyon had received any and all
information the Oversight Committee required to make their recommendations.
Don Reeves, Committee to Repeal the User Fee, Rancho Palos Verdes, asserted that
the short-term projections in the Five-Year Model were grossly erroneous; the purpose
of the Oversight Committee was not to discuss the political implications of the cost
increase; there was no cost estimate for storm drain repairs; there should be a shorter
period for the User Fee as originally proposed; and indicated a willingness to discuss
the course the Committee to Repeal the User Fee believed the City should follow.
Councilman Wolowicz took issue with Mr. Reeves' statement that there was no cost
estimate and plan for storm drain repair.
Mr. Reeves indicated that there had been no update to the basis for the User Fee.
Mr. Long offered to meet with residents and address any issues regarding the Storm
Drain User Fee, noting that he felt voters were looking for a better quality of life rather
than the stern necessities that Mr. Reeves advocated.
Mayor Long closed the public hearing.
City Council Minutes
June 19, 2007
Page 26 of 30
Responding to Councilman Gardiner, Finance Director McLean reported that the Palos
Verdes Peninsula Unified School District, the Los Angeles Unified School District, and
the Sanitation District had not paid their User Fee bills.
City Attorney Lynch reported that state entities other than the school district were
obligated to pay.
Councilman Gardiner indicated that he wanted to make sure residents were aware that
the school districts had not paid.
Mayor Pro Tem Stern asserted that the problem was real, no amount of political
philosophy would eliminate it, and did not believe that the 2% increase would turn
residents against the fee.
Mayor Pro Tem Stern moved, seconded by Councilman Wolowicz, to approve staff
recommendation to 1) Conduct a public hearing pursuant to Health and Safety Code
Section 5473.2 and Section 3.44.40 of the Rancho Palos Verdes Municipal Code on
June 19, 2007 on the Annual Report prepared by Harris & Associates and information
provided by Staff, and determined to collect the Storm Drain User Fee (the "Fee")for
Fiscal Year 2007-08, at the maximum rate allowed by law per Equivalent Residential
Unit ("ERU")for Fiscal Year 2007-08; 2) At the conclusion of the Public Hearing
determine the absence of a majority protest; 3) In the absence of a majority protest,
determine that the rate per ERU for Fiscal Year 2007-08 shall be the maximum rate of
$87.72 as set forth in the Annual Report, ADOPT RESOLUTION NO. 72; A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
FINALLY ADOPTING A REPORT, AS FILED, IN CONNECTION WITH THE STORM
DRAIN USER FEE ESTABLISHED PURSUANT TO CHAPTER 3.44 OF THE RANCHO
PALOS VERDES MUNICIPAL CODE; DETERMINING THE AMOUNT OF SUCH FEE
FOR FISCAL YEAR 2007-08; AND ORDERING THAT SUCH FEE BE COLLECTED
ON THE COUNTY OF LOS ANGELES TAX ROLL FOR FISCAL YEAR 2007-08; and
4) Continue to a future agenda the discussion of the Oversight Committee's
recommendation for the preparation of a Public Information Summary for dissemination
to the public prior to the November 2007 Election.
Councilman Gardiner stated that he preferred to take the $22,000 out of the $80,000
plus the $10,000 contingency fund requested in Agenda Item 25, Upper Point Vicente
Civic Center Site Analysis, and put that money towards the User Fee.
Mayor Long stated that he disagreed, noting that there were private donors seriously
interested in donating towards the construction of buildings at Upper Point Vicente, but
there were very few private donors interested in funding studies or funding utility
hookups and building pads for buildings.
Councilman Gardiner noted that USC's policy was that they would not accept money
from outside donors unless money was also donated for annual upkeep.
City Council Minutes
June 19, 2007
Page 27 of 30
Mayor Long stated that he believed the User Fee was too low and acknowledged that
General Fund reserves being spent was not enough on its own to cover the necessary
storm drain repairs, but hoped that there would be adequate funds to make the storm
drain repairs if combined with the User Fee. He stated that he was mindful of adding
new expenditures but was in favor of the increase of the User Fee by 2%, noting that
the voters would consider the matter in November.
Councilman Wolowicz stated that he was troubled by the outflow of cash and believed
that at some point in time if there were sufficient revenues the fees should be reduced
or suspended.
A roll call vote on the motion reflected the following:
AYES: Gardiner, Stern, Wolowicz, and Mayor Long
NOES: None
Mayor Pro Tem Stern inquired about the action to be taken regarding the authorization
by Council for the Oversight Committee to prepare an informative public information
summary regarding the Storm Drain User Fee.
City Attorney Lynch stated that this item should be brought back as a Consent Calendar
item on the July 3, 2007 City Council Agenda since it was not specifically on this
agenda.
Abalone Cove Sewer Maintenance Fee (1900)
City Clerk Morreale reported that notice of the public hearing was duly published and no
written protests were received.
Mayor Long opened the public hearing.
There were no requests to speak.
Mayor Long closed the public hearing.
Councilman Wolowicz moved, seconded by Councilman Stern, to 1) Conduct the public
hearing on the proposed levy and allocation of the annual sewer service charge for the
Abalone Cove Sewer System for Fiscal Year 2007-2008; 2) ADOPT RESOLUTION NO.
2007-73, A RESOLUTION OF THE COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, APPROVING A REPORT IN CONNECTION WITH THE SEWER SERVICE
CHARGE ESTABLISHED PURSUANT TO CHAPTER 13.06 OF THE RANCHO PALOS
VERDES MUNICIPAL CODE, DETERMINING THE AMOUNT OF SUCH CHARGE
FOR FISCAL YEAR 2007-2008, AND ORDERING THAT SUCH CHARGE BE
COLLECTED ON THE TAX ROLL.
City Council Minutes
June 19, 2007
Page 28 of 30
A roll call vote on the motion reflected the following:
AYES: Gardiner, Stern, Wolowicz, and Mayor Long
NOES: None
REGULAR NEW BUSINESS:
Upper Point Vicente Civic Center Site Analysis (1201)
Mayor Pro Tern Stern moved, seconded by Mayor Long, to continue the matter to the
July 3, 2007 City Council Meeting.
Without objection, Mayor Long so ordered.
Ordinance Amending the Storm Drain User Fee to Shorten the Duration of the Fee
from Thirty Years to Ten Years and to Establish a Resident Oversight Committee
to be Placed on the Ballot for the November 6, 2007 General Municipal Election
(602 X 604)
Mayor Long moved, seconded by Mayor Pro Tern Stern, to continue the matter to the
July 3, 2007 City Council Meeting.
Without objection, Mayor Long so ordered.
November 6, 2007 General Municipal Election (501)
Mayor Pro Tern Stern moved, seconded by Mayor Pro Tern Stern, to continue the
matter to the July 3, 2007 City Council Meeting.
Without objection, Mayor Long so ordered.
Los Angeles County Sheriff's Contract (1206)
Mayor Pro Tern Stern moved, seconded by Councilman Gardiner, to 1) Authorize the
Mayor to sign the FY 07-08 Services for the Peninsula Region (Rancho Palos Verdes,
Rolling Hills and Rolling Hills Estates); and, 2) Authorize the City Manager to sign the
FY 07-08 Rancho Palos Verdes Deployment Survey with the Los Angeles County
Sheriff's Department.
A roll call vote on the motion reflected the following:
AYES: Gardiner, Stern, Wolowicz, and Mayor Long
NOES: None
CITY COUNCIL ORAL REPORTS:
City Council Minutes
June 19, 2007
Page 29 of 30
Mayor Pro Tern Stern moved, seconded by Mayor Long, to continue Oral Reports to
July 3, 2007.
Without objection, Mayor Long so ordered.
Councilman Gardiner congratulated the Eastview citizens who collected 8,500
signatures against the development on Western Avenue.
ADJOURNMENT:
Mayor Pro Tern Stern moved to adjourn the meeting. At 1:27 A.M. Wednesday, June
20, 2007, the meeting was adjourned.
Mayor
Attest:
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City Council Minutes
June 19, 2007
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