CC MINS 20060516 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
MAY 16, 2006
The meeting was called to order at 5:00 P.M. by Mayor Wolowicz at Fred Hesse
Community Park, 29301 Hawthorne Boulevard, and was immediately recessed to
closed session. At 7:31 P.M., the meeting was reconvened for regular session.
Mayor Wolowicz explained that the meeting had begun late due to an extended closed
session.
City Council roll call was answered as follows:
PRESENT: Clark, Gardiner, Stern, Long, and Mayor Wolowicz
ABSENT: None
Also present were: City Manager Les Evans, City Attorney Carol Lynch, Assistant
City Manager/City Clerk Carolynn Petru, Director of Finance/Information Technology
Dennis McLean, Director of Planning, Building & Code Enforcement Joel Rojas, Interim
Director of Public Works Ray Holland, Deputy Director of Finance/Information
Technology Kathryn Downs, and Senior Administrative Analyst Lauren Ramezani.
FLAG SALUTE:
The Flag Salute was led by Becky Clark, Chair, Finance Advisory Committee.
CEREMONIAL:
Mayor Wolowicz presented a City Tile to former Planning Commissioner Craig Mueller
and thanked him for his dedication and hard work. Dr. Mueller thanked the Mayor
adding that he had also served on the View Restoration Committee.
Mayor Wolowicz presented a City Tile to Bill Smith who he had served on the Finance
Advisory Committee. Finance Advisory Chair Clark reviewed many of the Committee's
projects and thanked Professor Smith for his many years of service. Professor Smith
thanked everyone for the honor and indicated he would be available for occasional
projects that might come up.
The proclamation for Lois LaRue was deferred to a later date.
APPROVAL OF AGENDA:
Moved by Councilman Clark and seconded by Councilman Gardiner, to approve the
Agenda. Hearing no objection, Mayor Wolowicz so ordered.
MAYOR'S ANNOUNCEMENTS:
Mayor Wolowicz pointed out that camera placement for the meeting had been
temporarily changed at the request of Cox Communications.
RECYCLE DRAWING:
Mayor Clark announced Don Stuart and Akram Baluch as recyclers of the month from
the City Council meeting of April 18th noting that all winners receive a check for $250
Y
representing a year of free refuse service and he urged everyone to participate in the
City's recycling program.
PUBLIC COMMENTS:
Assistant City Manager/City Clerk Petru reported that there were no requests to speak
and Mayor Wolowicz clarified that this was the time for the public to speak about items
not on the agenda.
CITY COUNCIL ORAL REPORTS:
Councilman Stern reported that he had attended a meeting of the Los Angeles Division
of the League of California Cities on May 4th and the topic was the issue of new
technology and the delivery of video services. Industry speakers included AT&T and
Verizon as well as the League's spokesperson from Sacramento who spoke about the
technological/political issue of the delivery of telephone and video services as
telecommunication industries merge. He reported that later in the evening they
adjourned to the City Selection meeting where representatives were appointed to
various League boards.
Councilman Stern indicated that because the Palos Verdes Arts Center was seeking to
lease property from the City, he wanted to mention that he attended their Art Show on
May 5 consisting of pieces owned by residents on the Palos Verdes Peninsula. On May
11th he attended the Regional Law Enforcement Committee meeting for the Peninsula
where crime and traffic statistics were presented and he noted that as a result of
additional traffic enforcement, a lot more traffic tickets had been issued. Councilman
Stern also reported attending the West Vector Control District Board meeting on May
11 th and he was present for the Community Leaders' Breakfast on May 13th.
Mayor Pro Tem Long stated that he had missed the League of Cities meeting but had
attended the unveiling of the Whale Sculpture at the Palos Verdes Interpretive Center
on May 13th donated by Long Family Foundation, which he clarified, he had no relation
to. He added that he was present on May 10th for the lengthy Coastal Commission
meeting when the Terranea project was heard.
Councilman Clark mentioned that he also attended the Los Angeles Division of the
League of Cities meeting, that he visited the Art Center exhibit and he attended the
California Coastal Commission meeting as a Commissioner. He complimented Mayor
Wolowicz, Mayor Pro Tem Long, Director Rojas and Principal Planner Mihranian for
their perseverance as they were at the meeting from 1:30 P.M. until 11:30 P.M. and
commented that it is not uncharacteristic for Coastal Commission meetings to last 10-12
hours.
City Council Minutes
May 16, 2006
Page 2 of 22
Councilman Clark explained that the Coastal Commission is witnessing a trend of new
and existing hotels wanting to include sellable units, similar to the proposal made by
Terranea, or to convert to condo hotels. He reported that the Coastal Commission staff
has generally been opposed to this concept, although the Coastal Commission
approved the concept for Terranea, as well as for a hotel in Encinitas. He noted that it
was the City's carefully crafted conditions of approval aimed at preserving the visitor-
serving aspects of the project that convinced the majority of the Coastal Commissioners
to support the modification to the Terranea project. He also indicated that the Coastal
Commission would be conducting a workshop on condo hotels in August 2006.
Councilman Clark stated that he would be in Sacramento on May 18th and 19th for the
League of California Cities quarterly meeting.
Councilman Gardiner reported that on June 6th the City Council would be receiving a
proposed Memo of Understanding between the Southern California Regional
Occupational Center (SCROC) and the City of Rancho Palos Verdes for the City's
multimedia studio to be used for conducting classes. He indicated that he attended the
Del Cerro Homeowners Association meeting where clearing brush was discussed and
he requested that a brush-clearing schedule be posted on the City's web site.
Mr. Evans explained that weed abatement was done throughout the City at this time of
the year by the County of Los Angeles, but that it would be difficult to post a dependable
schedule on the City's website.
Councilman Gardiner reported that paragliding had become a big issue at Del Cerro
Park and that it is was not clear to the adjacent neighbors as to whether the City is
serious about enforcing the ban. He suggested looking at the Sheriff's response time to
these complaints or perhaps encouraging the homeowners' associations and the
paragliding groups to come to an agreement to have paragliders self police their
members so as not to inconvenience the neighbors.
Mayor Wolowicz, reacting to Councilman Clark's earlier comments, indicated that it was
apparent at the Coastal Commission hearing that many of the Commissioners had
doubts in their minds about the Terranea project. He stated that he was, and the
community should be, impressed by Councilman Clark's actions, as he made the
motion that was eventually passed in favor of the project and ensured that his fellow
Commissioners understood the importance of the project to the community. He added
that Director Rojas had left no doubt with his testimony before the Commission that the
City would be actively enforcing the conditions of approval that Commissioners were
concerned about.
Mayor Wolowicz reported attending the Regional Law Enforcement Committee meeting
on May 11th and commented that other two cities had agreed to fund an additional
regional traffic deputy beginning in the next fiscal year. He felt it was important for the
region to have additional traffic enforcement and while it may not be exactly as Mayor
Pro Tem Long had previously proposed, it is a step in the right direction. On May 12th
he attended the Mayor's Breakfast where the current Mayor meets with the Chairs of
City Council Minutes
May 16, 2006
Page 3 of 22
various Commissions or Committees. Mayor Wolowicz also attended the Community
Leaders' Breakfast on May 13th.
Mayor Pro Tem Long stated that outcome of the Coastal Commission's decision on the
Terranea project was an unexpected vote of 8-1 in favor of the project. He credited
Councilman Clark's leadership as instrumental in overturning the staff recommendation.
Mayor Wolowicz pointed out that had the Coastal Commission staff prevailed there
could have been serious delays in the project.
Councilman Clark thanked Mayor Wolowicz and Mayor Pro Tem Long for their
comments noting that the Coastal Commission's Executive Director had attempted to
delay the project until after the August 2006 workshop. He felt that the presence of the
Mayor and Mayor Pro Tem at the meeting, along with staff and the developer Bob
Lowe, helped ensure that the project was approved.
CITY MANAGER REPORT:
City Manager Evans indicated that he had nothing further to report.
OLD BUSINESS:
Assistant City Manager/City Clerk Petru reminded the audience that items previously
discussed and continued to a future Council meeting can be viewed on the City's
website at www.palosverdes.com/rpv.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
Councilman Stern asked that Item No. 9, Broadcast of City Meetings at Hesse Park be
removed from the consent calendar for further discussion.
Mayor Pro Tem Long requested that Item No. 5, Citywide Landscaping and Lighting
Maintenance District; Item No. 6, Formation of an Audit Committee and Award of
Professional Services Contract for Independent Audit Services; and Item No. 7,
Renewal of Agricultural Leases with James Hatano on the Upper and Lower Point
Vicente Properties, be removed from the consent calendar for further discussion.
Councilman Clark also asked that Item Nos. 7 and 9 be removed for separate
consideration.
Mayor Wolowicz asked that Item No. 10, Del Cerro Fire Settlement Agreement, be
removed from the consent calendar for further consideration.
City Council Minutes
May 16, 2006
Page 4 of 22
Pontevedra Emergency Storm Drain Repairs (604 x 1204)
Reviewed and reconfirmed by a four/fifths (4/5) vote, the Council's previous action on
December 6, 2005 to authorize staff to conduct an informal bid process to repair the
Pontevedra storm drain line.
Motion to Waive Full Reading
Adopted a motion to waive reading in full of all ordinances presented at this meeting
with consent of the waiver of reading deemed to be given by all Council Members after
the reading of the title.
Approval of Minutes (301)
Adopted the minutes of October 22, 2005 Joint Workshop as amended by late
correspondence.
Approve Design/Professional Services Contract for the Via Colinita/Roan Road
Storm Drain Projects (604 x 1204)
1) Awarded a professional services contract to NBCE, Inc., for design services for the
Via Colinita/Roan Road storm drain projects; 2) Authorized the Mayor and City Clerk to
execute a professional services agreement contract with NBCE, Inc. in an amount not to
exceed $119,570.00; and, 3) Authorized the additional expenditure of up to $24,000.00
for unforeseen design requirements that may be required to complete the engineering,
environmental review, geotechnical recommendations and design.
Citywide Landscaping and Lighting Maintenance District (901)
This item was removed and discussed following approval of the Consent Calendar.
Formation of an Audit Committee and Award of Professional Services Contract
for Independent Audit Services (602)
This item was removed and discussed following approval of the Consent Calendar.
Renewal of the Agricultural Leases with James Hatano on the Upper and Lower
Point Vicente Properties (1109 x 1201)
This item was removed and discussed following approval of the Consent Calendar.
$37.3 Billion Package of Bond and Related Measures Approved by the California
Legislature (602)
Received and filed this report.
City Council Minutes
May 16, 2006
Page 5 of 22
Broadcast of City Meetings at Hesse Park (307 x 605)
This item was removed and discussed following approval of the Consent Calendar.
Del Cerro Fire Settlement Agreement (1201 x 1101 x 1601)
This item was removed and discussed following approval of the Consent Calendar.
Register of Demands
ADOPTED RESOLUTION NO. 2006-33, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND
DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID.
Mayor Pro Tem Long moved to approve the consent calendar with Item Nos. 5, 6, 7, 9
and 10 removed. Councilman Stern seconded the motion noting that the minutes were
approved as amended per the late correspondence. The motion carried on the
following roll call vote:
AYES: Clark, Long, Gardiner, Stern, Mayor Wolowicz
NOES: None
ABSTAIN: None
ABSENT: None
ITEMS REMOVED FROM THE CONSENT CALENDAR:
Citywide Landscaping and Lighting Maintenance District (901)
Responding to Mayor Pro Tem Long, City Manager Evans explained that General funds
were being utilized because Proposition 218 limited how much money could be raised
through the assessment districts which decreased the money available while at the
same time maintenance costs have risen.
Mayor Pro Tem Long suggested using a larger portion of the 1911 Act funds to reduce
the General fund contribution.
City Attorney Lynch explained that the City had to ensure that the money used from
1911 Act funds was commensurate with the benefit that property owners who contribute
to that fund receive.
Mayor Pro Tern Long moved to 1) ADOPT RESOLUTION NO. 2006-34, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
INVITING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS
WITHIN THE CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT
FOR FISCAL YEAR 2006-2007 AND ORDERING THE ENGINEER TO PREPARE A
REPORT IN CONNECTION THEREWITH; 2) ADOPT RESOLUTION NO. 2006-35, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
City Council Minutes
May 16, 2006
Page 6 of 22
APPROVING THE ENGINEER'S REPORT IN CONNECTION WITH THE LEVY AND
COLLECTION OF ASSESSMENTS WITHIN THE CITYWIDE LANDSCAPING AND
LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 2006-2007; and, 3) ADOPT
RESOLUTION NO. 2006-36, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES DECLARING THE CITY COUNCIL'S INTENTION TO
LEVY AND COLLECT ASSESSMENTS WITHIN THE CITYWIDE LANDSCAPING AND
LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 2006-2007 AND SETTING
A TIME AND PLACE FOR HEARING OBJECTIONS THERETO.
Councilman Stern seconded the motion and the motion carried on the following roll call
vote:
AYES: Clark, Long, Gardiner, Stern, Mayor Wolowicz
NOES: None
ABSTAIN: None
ABSENT: None
Formation of an Audit Committee and Award of Professional Services Contract
for Independent Audit Services (602)
Director McLean stated that the staff recommendation was to approve the extension of
the agreement with Vavrinek, Trine, Day & Co. to audit the current fiscal year and
consider formation of an audit committee, which should have an active role in the
selection of subsequent auditors or in retaining the current auditors for the current year
or the next fiscal year.
Director McLean provided a brief overview of the issue noting that it had been brought
to the fore as a result of Enron and WorldCom scandals. He pointed out that the public
sector has used audit committees for years but the government sector has not, as the
GFOA sets the rules and regulations for reporting in the government sector. Following
a recommendation in Spring 2006 by the Executive Board of GFOA that cities and
government agencies have audit committees, Rancho Palos Verdes is one of the first
cities to bring a matter like this to its Council. He noted that this action likely to change
the nature of the relationship between the auditors and the City Council.
Director McLean explained that staffs intent was to ascertain whether the Council
wanted to have an audit committee and if so, staff will do further research and return
with a clear recommendation. He emphasized that the most important thing to
understand about the GFOA recommendation is that the Council cannot delegate the
responsibility because while management is responsible on day-to-day basis, the
Council has the ultimate responsibility for financial reporting and the audit committee is
essential to ensure an adequate review of financial statements. He clarified that the
audit committee should be composed of no one other than the governing body.
Mayor Wolowicz indicated that he was in favor of the concept of creating an audit
committee and related that four years ago he had learned about the move toward this
when he attended his first in a series of continuing education classes about city
City Council Minutes
May 16, 2006
Page 7 of 22
government and accounting. He noted that audit committees were already in place in
some of the larger cities and he felt it was merely a matter of time before it became a
requirement for all cities. He indicated that he was heartened by the degree of
participation and interest taken by staff as he felt it to be an important matter and
supported staff returning with recommendations for the Council to consider. He favored
forming a standing audit committee consisting of two Council members, possibly with a
third person from the Finance Advisory Committee and additional participants.
Councilman Stern expressed support for the idea and Mayor Wolowicz asserted that the
current contract should be extended.
Mayor Pro Tem Long moved to 1)Approve the formation of an Audit Committee; 2)
Direct staff to provide a report identifying the alternatives regarding the composition of
an Audit Committee; and 3)Approve the Professional Services Agreement for
Independent Auditing Services with Vavrinek, Trine, Day & Co., LLP ("VTD") for an
amount "not to exceed" $34,000. Councilman Gardiner seconded the motion and the
motion carried as follows:
AYES: Clark, Long, Gardiner, Stern, Mayor Wolowicz
NOES: None
ABSTAIN: None
ABSENT: None
Renewal of the Agricultural Leases with James Hatano on the Upper and Lower
Point Vicente Properties (1109 x 1201)
Mayor Pro Tem Long pointed out that he had previously raised concerns about these
lease agreements because, while he is aware the lease can be terminated at any time,
he would prefer to see a month to month lease as a five-year term may create an
expectation in the mind of the lessee who might complain if the lease is terminated
early. He also expressed concern that there was nothing in the staff report indicating
comparable rental values and he did not support the staff recommendation.
Councilman Stern questioned the rationale for the five-year lease that is terminable on
30 days notice, noting that it is basically a month-to-month agreement.
City Attorney Lynch indicated that the lease could be month-to-month but indicated that
the City and the tenant have a longstanding relationship.
City Manager Evans noted that the tenant would not want to terminate on 30 days
notice with crops in the ground.
Councilman Gardiner moved the staff recommendation.
Mayor Wolowicz indicated that he was inclined to second but wanted to hear more.
City Council Minutes
May 16, 2006
Page 8 of 22
Councilman Clark questioned whether proceeding with the current lease would have
unintended consequences for potential use of the property in terms of the Civic Center
Master Plan.
Assistant City Manager/City Clerk Petru explained that the area being farmed on Upper
Point Vicente Park is not part of the Civic Center Master Plan, but is part of the area that
is in the NCCP preserve.
Councilman Clark asked about the lower farming area that was adjacent to the Point
Vicente Interpretive Center
Assistant City Manager/City Clerk Petru clarified that the PVIC docents had proposed to
incorporate that farming area as part of their outdoor history museum.
Responding to an inquiry from Councilman Clark, City Attorney Lynch stated that
approving the lease would not preclude other uses of the property in that the lease
could be terminated with 30 days notice.
Responding to Mayor Pro Tem Long, Assistant City Manager/City Clerk Petru indicated
that the rent was set historically, with the rent for Upper Point Vicente being the same
amount that has been charged since the early 1970s and the rent for the Lower Point
Vicente area the same rate that has been charged since the early 1980s.
Mayor Pro Tem Long questioned whether the rate was comparable for other areas in
the vicinity for farming.
Assistant City Manager/City Clerk Petru indicated that staff had not investigated
comparable rates as these are the last two properties in the City under cultivation and
the City wanted to encourage the current use as long as possible.
Mayor Pro Tem Long received clarification from City Attorney Lynch that there were no
legal issues connected with the fact that it is a for profit enterprise.
Responding to Mayor Wolowicz, Assistant City Manager/City Clerk Petru and
City Attorney Lynch indicated that they were unaware of anyone else expressing
interest in farming these two areas.
Mayor Wolowicz called for a roll call vote of the motion on the floor, which carried as
follows:
AYES: Clark, Gardiner, Stern, Mayor Wolowicz
NOES: Long
ABSTAIN: None
ABSENT: None
City Council Minutes
May 16, 2006
Page 9 of 22
Broadcast of City Meetings at Hesse Park (307 x 605)
Mayor Pro Tern Long reported that because the discussion involved Cox
Communications, which is a client of his firm, he recused himself on this matter and
removed himself from the Council Chambers.
Assistant City Manager/City Clerk Petru provided a brief staff report, noting that Cox
had raised concerns in 2003 and again in 2006 regarding possible mold problems in the
audio/video control room at Hesse Park. She reported that the City recently received a
letter from a Cox corporate attorney indicating that the cable operator did not want its
employees to use the control room due to health concerns and wanted to move
equipment to another location, which would require re-wiring the room. She indicated
that while the City and the cable operator work to resolve the matter, a stand-alone
camera is being used in Council Chambers to tape the City Council and Planning
Commission meetings until a final determination can be made.
Councilman Stern observed that staff had conducted mold testing over the years, which
indicated that the audio/video room is safer than the main room and he questioned
whether Cox disagreed with the report.
Assistant City Manager/City Clerk Petru reported that Cox had not done any of its own
testing, but has recently requested access to do just that, as they apparently disagree
with the City's findings. She indicated that Cox did not request the second mold study
until early 2006 and noted that Cox's conclusions that the room was unfit for its
employees are based on copies of the reports provided by the City and their own visual
observations.
Councilman Stern asserted that no one wanted Cox employees to be in an unhealthy
situation and questioned whether the project to re-wire the cameras to feed out to a
portable board would begin soon.
Assistant City Manager/City Clerk Petru indicated that staff would work with Cox to
make the building available, work to schedule around existing meetings and would
identify a location for the equipment to be set up during meetings.
Councilman Stern suggested taking advantage of the changes to reposition the
cameras to better angles of view for the television audience.
Councilman Clark echoed Councilman Stern's concerns noting that if there is evidence
of a real health concern it will of course be addressed. He was not happy to be reduced
to one camera, noting that the City has always had at least two cameras filming the
Council meetings. With regard to the permanent solution, he indicated that he wanted
to see the cameras positioned better with telescoping mounts so that the ceiling-
mounted cameras could be lowered to a reasonable height. He reported that residents
had commented that Council meetings from other cities are of better quality than this
City. He indicated that he wanted to see the situation corrected as quickly as possible
and was interested in hearing input from Art Yoon with Cox Communications.
City Council Minutes
May 16, 2006
Page 10 of 22
Responding to Councilman Gardiner, Assistant City Manager/City Clerk Petru explained
that the number of robotic cameras had been negotiated as part of the 2000 franchise
renewal agreement. She noted that Cox had provided one camera for the temporary
arrangement, but indicated that the City could request two cameras if one camera is not
adequate.
Councilman Gardiner felt that one camera was inadequate.
Councilman Stern agreed, adding that with one camera, a resident speaking at the
podium is only afforded an extremely close side view and he felt they should be properly
represented. He suggested that cameras should be positioned on the left and right
sides of the room, with another camera positioned behind the Council to record the
comments of the public speakers.
Councilman Gardiner agreed with Councilman Stern regarding the camera set-up.
Mayor Wolowicz commented that the list of things the City has tried to do to address the
cable operator's concerns is substantial and noted that a letter was sent to Art Yoon on
April 18, 2006 making the City's points.
Assistant City Manager/City Clerk Petru added that, in addition to the items listed in the
staff report, a verbal offer was also extended to Cox to allow it to conduct its own
investigation of the park building.
Mayor Wolowicz expressed concern that Cox had written a letter to the City on May 8,
2006, which made it sound as though they were unaware of the City's efforts.
Assistant City Manager/City Clerk Petru reported that the dialogue between the City and
the cable operator had been ongoing for several months, primarily with Mr. Yoon and
added that staff had communicated that same day with Cox about access to the room
for testing.
Art Yoon, Manager of Governmental Affairs, Cox Communications, asserted that that
the company takes the health, safety and welfare of its employees very seriously and
these concerns were based on the findings of the 2003 report and a comment included
in the 2006 report. He indicated that there were elements of the report that give them
pause and they want to determine whether there is a problem or not and work toward a
permanent solution which should result in a better arrangement than what is currently in
place as technology has progressed greatly since the existing equipment was installed
in 2001.
Mr. Yoon said that he had not been previously aware that the camera placement was a
problem but felt that now was the time to make any desired changes. He assured
Council that the temporary solution would be short in duration, noting that his system
engineer required two full days in the room and seven days to rewire the facility.
City Council Minutes
May 16, 2006
Page 11 of 22
Councilman Stern clarified that Cox wanted to move the audio/video control panel to a
portable units that would be placed somewhere behind the Council dais during
meetings.
Mr. Yoon agreed that the configuration Councilman Stern described was the initial
assessment, but indicated that Cox was looking at all the options and alternatives for
the least disruption for the City. Mr. Yoon stated that he was hesitant to put an absolute
timeline on the process as it depends on what the consultants find with their
investigation but estimated that the process could take a month.
Councilman Stern pointed out that Cox's own investigation determined that there were
no problems in the room; there would be no need to change the current configuration.
Mr. Yoon indicated that they were erring on the side of caution and he agreed to have
Cox's video engineers look at possible changes in the camera placement. He asserted
that Cox had pride in its workmanship, wanted to deliver the best product possible and
would work to find a solution as quickly as possible
Councilman Clark indicated that he wanted speedy corrections to the current situation.
Responding to an inquiry from Councilman Gardiner, Mr. Yoon asserted that the
summary findings in the 2003 report were troubling as they indicated that trained
professionals should implement mold abatement procedures in the building. He
indicated that to his knowledge these recommendations had not been followed.
Assistant City Manager/City Clerk Petru reported that the 2003 report indicated that
some mold amplification was found in Council Chambers, not in the room where the
audio/video equipment is located. She stated that in response to the 2003 report, staff
implemented some of the consultant's recommendations including installing air filters in
the room and requiring HEPA filters on the vacuums used by the City's custodial
service. She noted that these measured appeared to have mitigated the situation
because when the area was retested in 2006, no amplification of mold spores were
found in the building.
Councilman Gardiner felt that Cox should be able to have the room tested and if they do
not want to use it they do not have to.
Mr. Yoon quoted page 6 of the 2003 mold report: "Although the level is lower than
outdoors, the 80% troubles me." He noted that although there has been an assertion by
staff that things have gotten better, the 2006 study was a limited study and there was
enough in the report for Cox to want to conduct its own study. He added that any
changes made to the audio video equipment would result in better broadcasts of the
City's meetings.
Mayor Wolowicz asserted that the City was working to address the items of concern,
and that he supported Cox conducting their own testing and taking whatever action they
felt necessary. He pointed out that it was at the request of Cox Cable that the City had
not provided janitorial service inside the audio/video control room. He expressed hope
City Council Minutes
May 16, 2006
Page 12 of 22
that there would be an open dialogue and better communication as the letter from Cox's
corporate attorney, Mr. Spaulding, had sounded very stern and did not seem to
recognize the City's efforts to work with the cable operator.
Mr. Yoon thanked City staff for working with them and he asserted that Cox had no
motivation to extend the period of uncertainty. He indicated that he would work to get
everyone on the same page and put a solution in place.
Mayor Wolowicz observed that having Mr. Yoon represent Cox was a good idea, as
relations between the City and Cox had deteriorated. He indicated that he did not,
however, want to leave the meeting thinking that everything was fine and end up with
another stern letter from Cox's corporate attorney.
Councilman Gardiner thanked Mr. Yoon for his gracious attitude, noting that Mr. Yoon
had been very accommodating to the City's recent request to conduct a franchise shoot
at Founder's Park during the Mike Douglas Tournament on short notice.
Councilman Stern reiterated that the Council was not pleased with existing camera
angles.
Councilman Stern moved to receive and file the report. Councilman Clark seconded the
motion and hearing no objection, Mayor Wolowicz so ordered, absent Mayor Pro Tem
Long.
Del Cerro Fire Settlement Agreement (1201 x 1101 x 1601)
City Manager Evans summarized the material of record, noting that the City had filed a
claim with the Edison Company following the Del Cerro fire in July 2005 and after
negotiating with the utility company, a settlement figure has been agreed upon for the
Council to either accept or reject.
Councilman Gardiner reported receiving email from the public commenting on an
alleged history of problems with faulty Edison equipment starting fires in the community.
He asked if this was in fact one in a series of incidents in the City or a one-time case.
City Manager Evans indicated that he was aware of fires caused by other
circumstances, such as birds landing on live wires and starting brush fires when they fell
to the ground, but indicated that he was not aware of faulty equipment causing fires.
Councilman Stern questioned whether the City had regulatory authority over Edison.
City Attorney Lynch indicated that the Public Utilities Commission (PUC) had that
authority.
Mayor Pro Tem Long clarified that the City could not, as the email suggested, require
Edison to do certain things as a condition of the City accepting the settlement.
City Council Minutes
May 16, 2006
Page 13 of 22
Mayor Wolowicz questioned whether there had been conversation with Edison about
what could have prevented the Del Cerro fire or any lessons learned from the incident.
City Manager Evans indicated that the Los Angeles County Fire Department had
conducted an investigation and that he could get a copy of the report for Council.
Mayor Wolowicz thought that there had been another fairly recent situation on the Point
View property where Edison had caused a fire and felt that perhaps there was
something else the City could be doing to reduce the possibility of another occurrence
of this type in the future.
Councilman Stern moved to 1) Approve a settlement of$54,000 from the Southern
California Edison Company for damages stemming from the Del Cerro fire which
occurred on July 13, 2005; and 2)Authorize the Mayor and City Clerk to execute a
Release on behalf of the City. Councilman Clark seconded and hearing no objection
Mayor Wolowicz so ordered.
REGULAR NEW BUSINESS:
Review Results of Westside Pilot Area Survey (1301)
Assistant City Manager/City Clerk Petru reported that late correspondence had been
received and distributed for this item.
Mayor Pro Tem Long suggested continuing the item to try to get additional input from
the neighborhood. He pointed out that 2/3 of the people on Browndeer and Elkridge
wanted the proposed change to the trash collection schedule but the majority of people
on the other 5 streets don't want it. He referred to his comments included in the late
correspondence indicating that it would be important to know the Browndeer and
Elkridge residents would still favor the change if they know all the extra trash trucks
would be coming down their streets in any event to serve the other streets and would
the residents on the other streets favor the change if there could be a second pick up on
a day other than Saturday, or if there was only one pick up, or if the City required the
Saturday pick up to be done early or late in the day. He acknowledged that while
Council could simply go with the majority, it is a narrow majority and he felt that
obtaining more neighborhood input would be appropriate before making a decision.
Councilman Clark supported Mayor Pro Tem Long's suggestion.
Councilman Gardiner was not opposed to gathering more information but noted that
survey research is an inexact science and one is never quite sure what the results
mean.
Councilman Stern felt that the City could survey many times and would never come to a
consensus or a clear solution. He suggested changing the trash collection schedule on
the two streets that have the direct problem with Rolling Hills Estates trash collection
schedule and while that means those streets will have additional trash trucks passing
through them, maybe that is not as bad for them since the residents on the two streets
City Council Minutes
May 16, 2006
Page 14 of 22
that would seem to be most impacted are the ones that want to make the change. He
pointed out that such a decision is not necessarily permanent, but expressed concern
that surveying the residents could go on forever if Council was looking for a clear
solution to pop out.
Councilman Gardiner stated that in survey research if an outcome is close, either it is
actually close or the survey respondents did not understand the differences between the
alternatives.
Mayor Pro Tem Long pointed out that part of the issue is the strength of the preference:
do the residents strongly oppose the change or strongly support it? Or are they mildly
opposed or mildly in favor? He preferred to change the entire area and then if people
are unhappy they can see what can be done to modify the Saturday pickup. He also
wondered whether there was enough sentiment to eliminate Saturday pickup and go to
once a week.
Councilman Gardiner expressed concern that once a week pick up would really make
residents unhappy.
Mayor Pro Tem Long disagreed that the residents would be necessarily unhappy with
once a week pick up if it resulted in other benefits.
Councilman Stern observed that based on the survey comments, a Saturday pickup is
highly objectionable.
Councilman Gardiner questioned how the survey was conducted, if a resident made
multiple comments, if they were counted individually or grouped together.
Senior Administrative Analyst Ramezani explained that each line in the survey summary
represented a separate comment from a separate person so if one person made five
different comments they are grouped together.
Mayor Pro Tem Long moved to continue the matter with instruction to staff to resurvey
the residents in the Westside Pilot area posing the questions he asked in the late
correspondence along with any other questions staff might want to add. He agreed that
the objection to Saturday pick up is strong but wanted to know if residents wanted to
reduce the number of trucks, would they also be willing to go to once a week trash
collection. Councilman Gardiner seconded the motion.
Mayor Wolowicz commented that since Mayor Pro Tem Long lives in the pilot area, he
would defer to him but felt that there was a danger of over surveying and felt it was time
for Council to make a decision on this matter. Hearing no objection to the motion, Mayor
Wolowicz so ordered.
Residential and Commercial Solid Waste and Recycling Services (1301 x 1402)
Assistant City Manager/City Clerk Petru reported that additional correspondence on the
item had been previously distributed and that no requests to speak had been submitted.
City Council Minutes
May 16, 2006
Page 15 of 22
Interim Director Holland indicated that there was a comprehensive staff report available
on this complex issue; that this contract is important to the future of the City and
introduced consultant Richard Tagore-Erwin with R3 Consulting Group, Inc.
Richard Tagore-Erwin, R3 Consulting Group, Inc., distributed handouts and assured
Council that there was no conflict of interest in his firm working for the City because R3
Consulting Group does not work for garbage companies, landfills, recyclers, etc., but
rather only works for cities and counties. With the aid of a slide presentation, he
provided an overview of current programs and options available for residential and
commercial trash collection services, noting that solid waste is a complex issue and with
the City's residential contracts expiring on June 30, 2007, the City has a variety of
options that should be carefully considered.
Mayor Pro Tem Long pointed out that there are different areas in the City that had
different trash collection needs.
Mr. Tagore-Erwin indicated that those differences could be accommodated in a new
contract. He added that the key component is the amount of trash being handled,
whereas recycling and green waste is unlimited. He noted that since landfill disposal
fees and fuel costs were rising, using a refuse rate index is important because it better
reflects costs for the industry including fuel. He indicated that the index captures
changing costs, thereby creating a potential for a rate decrease as costs fluctuate.
Councilman Clark asserted that it was important to take action by December 31, 2006 in
order to preserve the Council's option to extend the current contracts or enter into a
competitive RFP process. He complimented the Council subcommittee and staff on the
work accomplished so far. He questioned whether they had explored the option of
extending the existing contract since negotiating a new contract is a major undertaking,
especially given the City's current workload. He stated that he supported the
competitive RFP process and wondered whether it might be prudent to extend the
amount of time in which the City can exercise its option to extend the existing contracts,
as he felt that more time was necessary to go through all the information and policy
options in detail.
Councilman Gardiner agreed with Councilman Clark and expressed support for a
motion to that effect.
Councilman Stern indicated that he and Councilman Gardiner had studied the
information carefully, that he felt the proposed RFP was well thought out and listed
appropriate options, and that he supported the competitive RFP process. He said that
while Council had the right to exercise its one-year extension option of the existing
contracts if it decided it was not ready to make a decision by the end of the year, he
doubted if the City could push out the date by which it had to decide to extend the
existing contracts as suggested by Councilman Clark because the existing residential
contract expires at the end of June 2007. He noted that even if the current contractor
agreed to push out the one-year extension deadline to March 31, 2007, there would not
City Council Minutes
May 16, 2006
Page 16 of 22
be enough time to bring in a new contractor by July 1, 2007, if that was the Council's
ultimate decision.
Mayor Pro Tem Long expressed support for the competitive RFP and indicated that he
wanted the Council to review it before it was released, as the new trash contract is an
important decision to the community. He commented that the City had neighborhoods
with differing needs and noted that the RFP itself would include essential policy
decisions and needed to be carefully examined with that in mind. For example, he
suggested that the expiration date might be planned to coincide with the contract
expiration date of the City of Rolling Hills Estates, so that if the cities wanted to jointly
contract in the future, that option would be possible.
Mayor Wolowicz commented that smaller companies can be quite responsive and
garner customer loyalty, as evidenced when the owners of Ivy Rubbish recently retired
and their customers from the Portuguese Bend area came to a Council meeting to
express support for them. He questioned whether the consultant had considered the
requirements of unique neighborhoods in the proposed RFP.
Mr. Tagore-Ewrin indicated that he had visited Portuguese Bend and agreed that it was
a unique area to provide service to, as large trucks cannot operate on the narrow
private streets found in this area. He explained that companies who would be
interested in responding to the City's RFP would be large enough to be able to provide
services to the City as a whole, including the areas with unique requirements.
Mayor Wolowicz related that from personal experience as a business owner, he had
had the opportunity to negotiate with different commercial hauling companies and
received startlingly different rates, some of which have been below residential rates.
Due to unique circumstances with different commercial buildings and apartment
complexes, he did not see how contracting with only one company to service the entire
City would provide fair prices to business owners.
Mr. Tagore-Erwin clarified that in the City's current contract residential services for
apartments were covered by one company, but that commercial businesses could
select from a list of City-approved firms. He indicated that contrary to what they had
initially thought, his firm found in other cities that rates have actually gone down with a
single commercial waste hauler because one contractor can better route its trucks,
knows what its revenues will be and can provide a more competitive bid to the City
because the firm understands that it will either get all or none of the commercial
business in a particular city. He also noted that some commercial waste haulers are
able to offer lower rates to a particular business chain because they have a national
contract with that company, however, in an open system like the City currently has, the
hauler cannot offer a contract to a business that is longer in duration than their
authorization to do work in the City. He cited, for example, that commercial haulers in
the City are currently limited to a one-year contract.
City Council Minutes
May 16, 2006
Page 17 of 22
Mayor Wolowicz maintained that competition among commercial waste haulers was the
best method to provide the lowest rates for businesses, and noted that he would await
the results of the RFP process on this point.
Mr. Tagore-Erwin opined that providing a uniform level of service would result in a lower
prices overall while complying with state laws. He noted that some business owners
obtain lower rates by choosing not to comply with state recycling requirements.
Mayor Wolowicz expressed concern about the RFP adequately addressing the issue of
overflow trash, including bulky items that would not fit in the trash cart and the ability for
residents to set out extra bags of garbage if their cart was full. He indicated that he was
familiar with two cities, Santa Barbara and San Francisco, which were rather restrictive
on this issue.
Mr. Tagore-Erwin indicated that he was familiar with the City of Santa Barbara's
contract and did not recommend it as a model for the City to follow. He assured Mayor
Wolowicz that provisions to address overflow trash would be written into the RFP and
suggested that an allowance be provided so that overflow trash could be picked up
occasionally, but if there is overflow trash every week the hauler would be required to
address the problem with the individual resident.
Mayor Wolowicz questioned whether there would be a benefit to separating the
community into different areas due to geographical differences and allowing the trash
companies to bid to provide service in the various districts.
Mr. Tagore-Erwin indicated that option had not been considered, but noted that
generally a city of the size of Rancho Palos Verdes is too small to divide up and still be
attractive to vendors.
Responding to a question from Councilman Clark, Mr. Tagore-Erwin explained that his
firm was recommending a base period for the contract of 7 years because this is the
minimum time necessary to fully recapture the capital outlay cost.
Mayor Pro Tem Long moved to 1)Authorize R3 Consulting Group to prepare a
proposed Request for Proposals for residential and commercial solid waste and
recycling services and to have that RFP brought back to Council for consideration with
direction that the consultant and staff should identify the various points in the RFP that
are policy decisions and provide options for Council's consideration and that the
comments of any particular Council member on any one point expressed at this meeting
are not the direction of the Council as a whole; and, 2) Direct staff to implement the
process integrity procedures.
Councilman Clark seconded the motion.
Councilman Gardiner received clarification from Mayor Pro Tem that while the Council
may stipulate certain items in the RFP, such as the duration of the contract, with
regards to other aspects, the contractors bidding on the contract may be asked to
examine several options, such as the frequency of trash pick-up during the week.
City Council Minutes
May 16, 2006
Page 18 of 22
Councilman Stern did not think that the level of information Council would get back from
the consultant and staff at the next regular meeting in two weeks would call for a lot of
policy decisions and he hoped that Council would not narrow the various options down
prematu rely.
Mayor Wolowicz requested clarification from Mayor Pro Tem that his motion would not
preclude multiple commercial proposals from being considered
Mayor Pro Tern Long stated that he expected that the draft RFP would include some
options but noted that some policy decisions would be made when the RFP was issued.
Mr. Tagore-Erwin suggested that the RFP address all of the Council's concerns
regarding the commercial side of the contract and he noted that while his firm feels that
in the long term it is better to have one contractor for commercial hauling, they
recognize that this may not be true in every case, therefore, the RFP will be written with
an option for one contract or multiple contracts.
Responding to Councilman Gardiner, Mr. Tagore-Erwin explained that an Invitation for
Bid (IFB)was essentially the same process as an RFP except that an IFB is non-
binding and indicated that the contractors responding to an IFB might not be providing
their best proposal on that account.
Councilman Clark clarified the differences between an RFP and Request for Information
(RFI), noting that many acquisition organizations use an RFI for preliminary information
gathering to help shape an RFP. He added that in his experience draft RFPs often go
out in advance to prospective bidders to illicit input before a final RFP is issued. He
questioned whether this approach had that been considered.
Mr. Tagore-Erwin noted that sending out draft RFPs was generally not done in the solid
waste industry because the proposal processes are pretty standard and not as
sophisticated as other systems.
Mayor Wolowicz requested a roll call on the motion on the floor. The motion carried as
follows:
AYES: Clark, Gardiner, Long, Stern, Mayor Wolowicz
NOES: None
ABSTAIN: None
ABSENT: None
Recess and Reconvene: Mayor Wolowicz recessed the meeting at 10:09 P.M. and
reconvened the meeting at 10:22 P.M.
Consider Opposition to Senate Bill 1778, Restriction on the Recycling of Green
Waste Materials as Alternative Daily Cover at Landfills (1301 x 306)
Responding to Councilman Stern, Interim Director Holland explained that there were
some people who supported this bill because they believe that green waste should not
City Council Minutes
May 16, 2006
Page 19 of 22
be used as daily cover in landfills, because as long as it is used in this manner, there
will be no economic incentive to develop products that will completely recycle green
waste products. He noted that there is so much green waste generated that there is
neither the market for, nor the ability to process all of the existing green waste materials.
He indicated that no longer allowing green waste to be used as alternative daily cover at
landfills will not create alternative markets or facilities to use these materials, but will
instead cause cities to pay more to dispose of it.
Councilman Clark moved to authorize the Mayor to sign an opposition letter to Senate
Bill (SB) 1778 (Alarcon). Mayor Pro Tem Long seconded the motion and hearing no
disagreement, Mayor Wolowicz so ordered.
AB 2987 "The Digital Infrastructure and Video Competition Act of 2006" [Nunez]
(602 x 306)
Councilman Stern commented that this was a complicated issue and while some parts
of the proposed legislation are objectionable, parts of it make sense. He suggested that
the City providing specific comments about items in the legislation that should be
readdressed or fixed, rather than just opposing the bill.
Councilman Clark agreed, noting that the League of California Cities opposed the bill as
it is currently written, which signals that the subject is worthwhile, but that components
of the legislation need to be changed.
Councilman Clark moved to authorize the Mayor to sign a letter opposing AB 2987,
"The Digital Infrastructure Competition Act of 2006" (Nunez) as currently drafted. The
motion was seconded by Councilman Gardiner and hearing no opposition to the motion,
Mayor Wolowicz declared that the motion stood as presented.
Format of City Council Minutes (301)
Councilman Clark recommended continuing this item until the issues with Cox
Communications regarding audio/video control room and placement of the robotic
cameras discussed earlier during this meeting are resolved.
Mayor Pro Tem Long agreed, noting that the decision regarding the format of the
minutes would be influenced by the restoration of a high quality video record of the
meetings, as opposed to temporary low quality record currently in place.
Councilman Stern agreed and suggested that the item be continued for 90 days.
Mayor Pro Tem Long moved to continue the item until the proposed relocation and
upgrade of the audio/video equipment at Hesse Park is completed.
Councilman Clark seconded the motion and, hearing no objection, Mayor Wolowicz so
ordered.
City Council Minutes
May 16, 2006
Page 20 of 22
Community Advisory Board for Ponte Vista (106)
Mayor Wolowicz suggested that when the City sent notice to the advisory board
volunteers, the notice should include the gratitude of the City Council for their work on
this project.
Mayor Pro Tern Long suggested alerting the other two HOAs, Peninsula Verde and
Rolling Hills Riviera, that they can also nominate alternates, as the Mira Vista HOA had
done.
Councilman Clark moved to 1) Appoint Dick Brunner (Peninsula Verde HOA), Mark
Wells (Mira Vista HOA) and Lucie Thorson (Rolling Hills Riviera HOA) as the City's
representatives to Councilwoman Janice Hahn's Community Advisory Board for Ponte
Vista; 2) Appoint Steve La Pine as an alternate to Mark Wells (Mira Vista HOA); and 3)
Authorize Peninsula Verde HOA and Rolling Hills Riviera HOA to nominate alternates.
Councilman Gardiner seconded the motion and, hearing no objection, Mayor Wolowicz
so ordered.
Appointment of a City Representative to the Los Angeles County West Vector
Control District Board (801)
Mayor Wolowicz moved to 1) Appoint Councilman Stern as the City's representative to
the West Vector Control District Board for a two year term; and 2) Direct the City Clerk
to notify the District of the appointment. Councilman Gardiner seconded the motion and
hearing no opposition, Mayor Wolowicz let the motion stand.
COUNCIL DISCUSSION OF FUTURE AGENDA ITEMS & SUGGESTION OF FUTURE
AGENDA ITEMS:
None.
CLOSED SESSION REPORT:
City Attorney Lynch reported that no action was taken on the Monk's case in closed
session and noted that staff was not ready to move forward with the June 3, 2006
Landslide Workshop. She suggested that Council select an alternate date with
notification sent out to the community.
Mayor Pro Tern Long moved to cancel the Landslide Moratorium Workshop scheduled
for June 3rd and instruct the City Manager and staff to return to Council with alternate
dates for this meeting. Councilman Clark seconded the motion and hearing no
opposition, Mayor Wolowicz let the motion stand.
City Attorney Lynch indicated that staff would bring back this item at the next Council
meeting, along with an extension to the temporary landslide moratorium to keep
everything in place until the workshop can be rescheduled.
City Council Minutes
May 16, 2006
Page 21 of 22
ADJOURNMENT:
Mayor Wolowicz adjourned the meeting at 10:37 P.M.
-4x11-4:‘
Mayor
Attest:
C Clerk
W:\City Council Minutes\2006\20060516 CC MINS.doc
City Council Minutes
May 16, 2006
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