CC MINS 20041019MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
OCTOBER 19, 2004
The meeting was called to order at 7:09 p.m. by Mayor Gardiner at Fred Hesse
Community Park, 29301 Hawthorne Boulevard, Rancho Palos Verdes.
Roll call was answered as follows:
PRESENT: Clark, Long, Wolowicz, Stern, Gardiner
ABSENT: None
Also present were City Manager Les Evans; Assistant City Manager Carolynn Petru;
City Attorney Carol Lynch; Director of Planning; Director of Public Works Dean Allison;
Senior Engineer Ron Dragoo; Deputy Planning Director Gregory Pfost; Senior Planner
Ara Mihranian; City Clerk/Administrative Services Director Jo Purcell; and, Minutes
Reporter Debra Presutti.
Ashley Hagan, of Peninsula High School, led the Pledge of Allegiance.
MAYOR'S ANNOUNCEMENTS:
None.
RECYCLE DRAWING:
None.
APPROVAL OF AGENDA:
Mayor Gardiner suggested moving Item No. 11, the Traffic Committee Member
Appointment, before Item No. 8.
Councilman Wolowicz moved, seconded by Councilman Stern, to approve the Agenda
as amended. Motion carried without objection.
PUBLIC COMMENTS:
Lois Larue, Rancho Palos Verdes, declared she does not oppose any of the proposed
additions and /or modifications her neighbor is requesting to make to her home. She
also reminded everyone of the upcoming election on November 2.
Christine Park, Ashley Hagan, and Mona Hampapura, advised they are appearing to
request Council's support of their proposal to develop Youth Council on the Peninsula.
Ms. Park explained, despite the good intentions of school leadership organizations, they
are limited in their ability to carry on projects that include the entire youth community of
the Peninsula. She indicated they are endeavoring to garner support from each of the
Peninsula's City Councils to promote the development of Peninsula -wide Youth
Council, which would encompass several committees, including, volunteering,
educational, environmental, and activities. She said they believe this will lead to an
increased level of interest and provide youth with opportunities to practice their
leadership skills and contribute to the community as a whole. She requested the City
Council's assistance in achieving this goal.
Ms. Hagan indicated the activities committee would like to organize various
entertainment events in an effort to bring youth from the various high schools on the
Peninsula together to form new friendships and unite the community; the environmental
committee would help promote awareness of different environmental issues such as
recycling.
Mona Hampapura informed her main goal is to head the education committee and
develop a tutoring system for high school and older middle school students as well as to
assist with fundraising and idea promotions for the various schools on the Peninsula.
Mayor Pro Tern Clark complimented all three young women, saying their idea is
excellent and, if the youth of the community can come together, perhaps the adults can
follow. He suggested they assemble some adult advisors to assist them in drafting a
charter for their proposed Youth Council.
The entire Council echoed the Mayor Pro Tern's compliments and acknowledged the
young women for their interest and excellent presentation.
Councilman Wolowicz remarked he believes they are on the right track, saying the
involvement and interest of young people in any community is ultimately to the benefit
of all. He suggested they develop a more detailed proposal and inquired if someone on
the City's staff might be available to assist them in organizing a presentation, which
could be brought back for further consideration.
City Manager Evans advised he has spoken to the Recreation and Parks Department
and believes assistance can be provided.
Mayor Gardiner noted the main challenge is going to be securing the involvement of all
four cities so there is support across the entire Peninsula. He indicated most things
worth doing usually take time, and recommended they come back with a more concise
picture of how the Youth Council plans to operate and how they will be looking to the
City for support, saying Council will be better prepared to assist them the more those
things are considered and developed.
Dean Garth, Rancho Palos Verdes, indicated in 2002 he attended a City Council
meeting to discuss the problem of speeding on Golden Meadow Drive, saying he left
that meeting with the understanding the City was aware of the problem. He was
subsequently told to obtain a copy of the Neighborhood Traffic Calming Program and
City Council Minutes
October 19, 2004
Page 2 of 18
follow the procedures. He indicated he procured 16 signatures on a petition addressing
the matter and returned to the Public Works Department where a gentleman at the
counter informed him the City was unaware of any problem. He remarked that any
results obtained from the sporadic enforcement employed quickly disappear along with
the presence of law enforcement. He urged Council to recognize there is a speeding
problem on Golden Meadow and requested action be taken to address it.
In response to questions from Councilman Wolowicz and Mayor Pro Tern Clark,
Director Allison indicated the matter has not been brought before the Traffic Committee
and declared he will look into the situation promptly.
Councilman Wolowicz suggested it might be helpful for staff to make a presentation on
what course of action residents can take if they feel a traffic issue needs to be
addressed.
CITY MANAGER REPORTS:
None.
OLD BUSINESS:
Mayor Gardiner informed that items previously discussed and continued to a future
meeting can be found on the City's website at www.palosverdes.com /rpv.
NEW BUSINESS:
City Manager Evans advised that staff would like to remove Item No. 6, Amendments to
the Competitive Service and Management Personnel Rules, and bring the matter back
to a future session.
Councilman Long requested Item No. 3, Engineering and Traffic Speed Surveys, be
removed for discussion.
Councilman Stern moved, seconded by Councilman Wolowicz, to approve the Consent
Calendar as amended with the removal of Item No's. 3 and 6.
The motion to approve the amended Consent Calendar carried on the following roll call
vote:
AYES: Stern, Long, Clark, Wolowicz, Gardiner
NOES: None
City Council Minutes
October 19, 2004
Page 3 of 18
APPROVAL OF CONSENT CALENDAR:
Motion To Waive Full Reading.
Adopted a motion to waive reading in full of all ordinances presented at this meeting
with consent of the waiver of reading deemed to be given by all Council Members after
the reading of the title.
Approval of the Minutes. (301)
Approved the Minutes of the October 5 Adjourned Regular Meeting.
Engineering And Traffic Speed Surveys. (1502 x 1204)
Removed from Consent Calendar. See below.
Slurry Seal Of Palos Verdes Drive East. (1404 x 1204)
(1) Approved the Plans and Specifications for the construction of the Slurry Seal of
Palos Verdes Drive East Project; (2) Awarded a Construction Contract to Roy Allen
Slurry Seal, Inc. in the amount of $158,630, for the Palos Verdes Drive East Slurry Seal
Project, and authorized staff to spend up to $19,000 for possible extra work; thereby
approving a $177,630 construction budget; (3) Authorized the Mayor and City Clerk to
execute a contract with Roy Allen Slurry Seal, Inc.; (4) Awarded a contract to Harris and
Associates, for the Construction Management and Inspection services in an amount not
to exceed $ 28,000; and, (5) Authorized the Mayor and City Clerk to execute a contract
with Harris and Associates.
Second Amended and Restated Joint Powers Agreement with the South Bay
Cities Council of Governments. (1505)
Approved the Second Amended and Restated Joint Powers Agreement between the
South Bay Cities Council of Governments (SBCCOG) and the Seventeen Agencies set
forth in Exhibit A of the agreement.
Amendments to the Competitive Service and Management Personnel Rules.
(1202)
Councilman Stern moved, seconded by Councilman Long, to remove this item from the
agenda. Motion carried without objection.
Resol. No. 2004-91: Register of Demands.
ADOPTED RESOL. NO. 2004 -91, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS
City Council Minutes
October 19, 2004
Page 4 of 18
AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID.
Resol. No. 2004 -92: Engineering and Traffic Speed Surveys. (1502 x 1204)
Councilman Long indicated it appears no speed limit had been established for PV Drive
South between Seacove and Hawthorne Boulevard and requested an explanation of
what changes have actually been made.
Director Allison explained the Resolution establishing speed limits on various streets
within the city is a cumulative document that is updated every five years. He noted in
this case all that is being changed is the speed limit around the Crestwood Elementary
School so, rather than prepare an individual resolution, it has been added to the
cumulative document which reflects all the current speed limits.
Councilman Long requested a description of how the speed limits on arterials are set.
Director Allison advised the California Vehicle Code indicates speeds limits must be set
at a reasonable speed; the City's traffic engineer uses a radar gun to measure the
speed of a certain number of vehicles; the average speed of the 85th percentile of those
vehicles is generally accepted as a reasonable speed limit; this number is then used to
determine the speed limit in that area. He indicated changes could be made in certain
instances such as an unusual roadway condition, but that is the general procedure
followed for any non - residential streets.
Councilman Long inquired what, if any, speed level adjustments have been made in the
last five to ten years.
Director Allison responded not much has been changed in the last ten years with the
exception of a correction being made to a discrepancy in speed limits traveling in
opposite directions on a segment of PV Drive South a couple years ago.
Mayor Pro Tem Clark asked why there are two different speed limits on PV Drive East.
Director Allison replied the difference originates from a speed study done in 2004.
Councilman Wolowicz questioned if each of the prevailing speed limits has gone
through an action similar to the one being taken in this instance.
Director Allison answered a speed survey was performed for each.
Councilman Stern moved, seconded by Councilman Wolowicz, to adopt staff's
recommendation of a 15 mile an hour zone around Crestwood Elementary.
City Council Minutes
October 19, 2004
Page 5 of 18
Mayor Pro Tern Clark queried if Council has actually addressed the speed limits on PV
Drive East represented in the current document.
Director Allison indicated Council took action perhaps a month or two after the July
2004 date indicated.
Councilman Long moved, seconded by Mayor Pro Tern Clark, to amend the pending
motion by adopting the staff recommendation and addressing the issues of any gap of
speed limits on PV Drive South and the level of difference through the landslide area
along with the reason for different speed limits on PV Drive East.
Mayor Gardiner advised, if speed limits are going to be discussed and manipulated,
there should be some basis for doing so which permits them to be brought forward in a
context so they can be addressed in a more systematic manner.
Councilman Stern spoke against the amendment and noted, while these are certainly
concerns to be answered, there is no basis to include them as part of a motion to
address a specific 15 mph speed limit. He suggested having staff provide backup
information in the Friday report.
Mayor Pro Tern Clark inquired how much time has elapsed since the matter of speeds
on each of the city's streets was brought before Council and the public, saying he would
like to adopt the main recommendation but would like staff to present to Council a
comprehensive review of speed limits throughout the city.
Councilman Long agreed, saying this issue certainly merits the public's hearing and
understanding. He indicated support for the recommendation but noted there appears
to be a situation where a portion of PV Drive South may have no speed limit and other
speed limits within the city raise questions. He remarked, while it is true any
Councilman could obtain these answers privately, some questions warrant going
through the process publicly and this item crosses that threshold.
Councilman Wolowicz proposed amending the motion to include directing staff to return
with a more comprehensive report including a map and other background information.
Councilman Long withdrew his previous amendment.
Mayor Gardiner suggested it would be more appropriate to have the Traffic Committee
investigate the issue of speed limits and report back in a more systematic manner.
Councilman Stern moved, seconded by Councilman Wolowicz, to ADOPT
RESOLUTION 2004 -92, ESTABLISHING A 15 MPH SPEED LIMIT WHEN CHILDREN
ARE PRESENT ON CRESTWOOD STREET, GENERAL STREET, AND BAYEND
DRIVE NEAR CRESTWOOD ELEMENTARY SCHOOL.
The motion passed without objection.
City Council Minutes
October 19, 2004
Page 6 of 18
City Manager Evans stated that staff would look into the questions raised and compile a
booklet including all the speeds from the various surveys, saying further questions, if
any, can be agendized as individual segments.
Appointment of Member to the Traffic Committee. (106 x 1502)
Mayor Pro Tern Clark indicated three of ten candidates applying for a position on the
Traffic Committee were interviewed earlier in the evening and remarked a number of
tremendously talented residents have applied for this single opening. He
recommended continuing the item until everyone expressing interest has had the
opportunity to interview before Council.
Councilman Stern suggested when the matter is brought back that it be agendized
broadly enough to include a discussion of the charter of the Traffic Committee.
Councilman Long stated he was delayed in traffic and was unable to be present for the
evening's interviews and encouraged the applicants to feel free to contact him directly.
Following Councilman Stern's suggestion, he noted he previously requested staff
explore the possibility of changing the Traffic Committee into a Traffic Commission,
which would change their charter considerably.
Mayor Gardiner recommended the City Manager bring back some alternatives, i.e. no
change, move in the direction of creating a commission, broadening the charter, et
cetera, and the pros and cons of each.
Councilman Wolowicz advised that postponement of the matter is not a negative
reflection on the qualities of the evening's candidates but rather Council's decision is
made much more difficult by the high quality of people that have been interviewed.
Mayor Gardiner characterized the postponement as a mechanism for providing the best
vehicle possible for those people to apply their extraordinary talents to in dealing with
some major challenges.
City Manager Evans stated that staff would investigate what other cities are doing in
this regard and would provide something comprehensive to Council after the first of the
year.
Councilman Stern suggested the Mayor and City Manager devise a more detailed
proposal for the next meeting.
Mayor Pro Tern Clark indicated he would like to be involved in that process.
Mayor Pro Tern Clark moved, seconded by Councilman Stern, that
(1) Interviews be continued to November 3 to interview the three candidates who could
not interview on this date; (2) Staff to prepare alternatives and options re Traffic
City Council Minutes
October 19, 2004
Page 7 of 18
Committee's charter.
Recess and Reconvene:
Mayor Gardiner recessed the meeting at 8:09 p.m. and reconvened the meeting at 8:16
p.m.
PUBLIC HEARINGS:
Cox Communications Hearing Regarding the March 2004 Notice of Non-
Compliance. (Continued from the September 21 meeting.) (605 x 305)
Councilman Long recused himself from the matter and left the Council Chambers.
Mayor Gardiner opened the Public Hearing.
Assistant City Manager Petru presented the staff memorandum of October 19, 2004
and indicated that Mr. Art Yoon, of Cox Communications, was available to answer any
questions.
Councilman Wolowicz requested information on the data verification process and
inquired if an audit of Cox's posted response time compliance has been performed by
an independent agency.
Assistant City Manager Petru indicated Cox provided the response times data. If the
Council wanted to verify the data provided by the cable operator, an independent
advisor would have to be hired to perform any investigation of those numbers.
Councilman Wolowicz inquired if there was any regulatory oversight of companies such
as Cox.
City Attorney Lynch advised the Public Utilities Commission is the regulatory oversight
body.
Councilman Wolowicz requested the City obtain information from the PUC regarding
any audits or reports on Cox's performance in Southern California and, more
specifically, the Palos Verdes Peninsula.
Councilman Stern indicated the required standard for response to customer calls is set
to be within 30 seconds and queried if there is any explanation for Cox's precipitous
drop in response times in 2003, asking if there was one particularly disastrous month.
Assistant City Manager Petru stated that a month -by -month examination showed there
were a couple very bad months, September 2003 in particular. She indicated that Mr.
Yoon may be able to supply information on the cause of the decline.
City Council Minutes
October 19, 2004
Page 8 of 18
Councilman Stern asked if there is any data indicating how much more than 30
seconds was actually taken, saying a couple seconds is not really a big difference in
this instance and knowing exactly how much time elapsed would be material.
Mayor Gardiner requested the second performance audit provide data that can be
readily translated into a format answering these questions, saying the shape of the
distribution is important information.
Mr. Yoon indicated Cox Communications had a call center system that attempts to
provide reciprocity for emergencies nationwide in the event of natural or other disasters.
With respect to the compliance numbers in 2003, he explained September was a very
bad month with the occurrence of both wild fires and hurricanes, noting all four major
cable companies experienced a similar drop in their numbers as a result. He stressed
in subsequent quarters Cox has been in compliance and stated they will work with staff
to devise a more comprehensive format for future presentation of their numbers.
Councilman Wolowicz inquired if Cox has received Federal sanctions in Southern
California.
Mr. Yoon replied they have received no sanctions whatsoever, noting cable is one of
the most regulated industries in the country. He indicated Cox had received superlative
rankings from PC World magazine and J D Power and Associates, and they are very
proud of their record.
Councilman Stern recommended Cox indicate in their reported data any anomalies
such as the ones which occurred in September and asked for an explanation of the 12-
month average of approximately 78 percent.
Mr. Yoon indicated high -speed Internet cable is a very new field, not only to customers
but also to the technicians providing service. He stated long before they were advised
by the regulatory bodies, Cox decided their numbers were unacceptable, fought to
address the matter, invested a significant amount in training, and hired much more
personnel to deal with the situation, adding their numbers have since reversed back to
the high standards they have been applauded for industry wide.
Mayor Gardiner asked if Cox currently has the ability to discern between video and
Internet services when compiling their data and why they are not required to report by
city boundaries.
Mr. Yoon replied a number of reporting improvements are in the works. He explained
the industry standard is to report only for a particular service area, noting their Orange
County system contains 17 cities all reporting a single number to the local franchise
boards. He indicated most of the major cable companies have the same reporting
standard.
City Council Minutes
October 19, 2004
Page 9 of 18
Councilman Wolowicz inquired if the City received customer complaints and, if so, what
the trend has been during the last three years.
Assistant City Manager Petru responded the City does receive complaints and the trend
has been downward, or fewer complaints, since the cable system was ungraded in
2000.
Councilman Wolowicz recommended placing something on the scrolling public
announcement board informing residents, if they are unable to resolve a problem with
their service after contacting Cox, they can register comments with the City.
Mr. Yoon indicated they would be happy to comply with whatever Council directs in that
respect and noted the information is already on their website as well as on the bills
customers receive from them.
Mayor Pro Tern Clark moved, seconded by Councilman Stern, to (1) Receive testimony
on the status of Cox Communications' Notice of Non - Compliance and continued
discussion of any remaining noncompliance issues to the Second Systems
Performance Audit which will be agendized for Council consideration before January
15, 2005; (2) Mr. Yoon to provide reports, if any, to the City that Cox has as a result of
audits; (3) Can City get copy of report that Cox has to file with PUC re Internet service.
The motion passed without objection.
Appeal of View Restoration Permit No. 123 [Appellant: John Zaccaro]. (Continued
from October 5th meeting.) (1806)
Confirmed that Saturday, November 13, 2004, would be a suitable date to meet at the
subject properties; continued the matter to that date.
Neighborhood Compatibility Code Amendment: ZON2004 -00331 (Citywide). (1203)
Mayor Gardiner declared the Public Hearing open.
Mayor Pro Tern Clark, noting that many tract homes were built with a breezeway
between the house and detached garage, questioned why the proposed change does
not include unroofed breezeways.
Planner Mihranian explained the rationale behind this differentiation was that adding
two walls to a roofed structure would most likely not cause an adverse impact in terms
of neighborhood compatibility; whereas an open space exceeding 250 square feet
between two structures with no roof could have an impact to the character, and should
therefore have to go through neighborhood compatibility.
Mayor Pro Tern Clark opined that categorical logic was flawed and queried why a
City Council Minutes
October 19, 2004
Page 10 of 18
single -story residence that does not change the roof line, is within 16 feet and not
particularly visible from the street would be required to go through neighborhood
compatibility.
Planner Mihranian indicated it would depend upon the distance between the two
structures. He stated, if the direction is to establish that as an exemption, and the
structures are within the same roof plane, you would then need to consider what
determines an adequate separation, adding there are cases where the detached
garage may be 30 feet away from the house, creating a significant enclosure to exempt.
Mayor Pro Tern Clark remarked there are many homes with a breezeway of 10 feet or
less between the garage and the home and, if the notion is to clean up the Code and
Neighborhood Compatibility, refinements should be made based on experience and
such minor exceptions should be captured.
Planner Mihranian advised that if the addition was less than 250 square feet, it would
be exempt.
Mayor Pro Tern Clark stated he did not know what was magic about 250 square feet,
noting the Chair of the Planning Commission, indicating he would be in favor of
increasing it slightly, questioned whether that is the number the Commission should
choose.
Councilman Stern commented the proposed amendment may need some changes, but
it is a good first effort and he sees no problem.
Councilman Wolowicz agreed the amendment is a step in the right direction, noting the
Planning Department or the Planning Commission considers such breezeways part of
the build -out space of a residence and in some manner that in and of itself would place
them in the position of being reviewed.
Mayor Pro Tern Clark remarked he has received a number of very positive comments
on the Neighborhood Compatibility Handbook from members of the community. He
inquired if the outreach program implemented to ensure that real estate brokers and the
community at large are aware of the handbook has been successful.
Planner Mihranian replied that the word on neighborhood compatibility is definitely out,
saying his experience at the Planning Department counter has been that people are
referring to the handbook, Realtors have informed their clients about Neighborhood
Compatibility requirements, and other jurisdictions have even contacted the City
regarding it.
Mayor Pro Tern Clark indicated the refinements to the Neighborhood Compatibility
Code Section have been skillfully thought out and well worked between staff and the
Planning Commission.
City Council Minutes
October 19, 2004
Page 11 of 18
Mayor Pro Tern Clark moved, seconded by Councilman Wolowicz, to (1) Review the
proposed draft code amendment language that proposes to establish exemptions to the
Neighborhood Compatibility review process and direct staff to prepare the appropriate
ordinance for introduction at the November 3 meeting. (2) Hearing continued to
November 3 for introduction of Ordinance. (3) Staff to consider area of concern
discussed re "uncovered" breezeway.
The motion carried on the following roll call vote:
AYES: Stern, Long, Clark, Wolowicz, Gardiner
NOES: None
City Attorney Lynch requested the Public Hearing be continued; saying staff was
seeking Council's feedback to ascertain that everyone's input and direction was
captured and that the ordinance be introduced at the next meeting.
Recess and Reconvene:
Mayor Gardiner recessed the meeting at 8:55 p.m. and reconvened the meeting at 9:01
p.m.
City Attorney Lynch reiterated the ordinance would be introduced at the next meeting.
Mayor Pro Tern Clark indicated he remained unconvinced that unroofed breezeways
should not be included as an exemption above 250 square feet.
Councilman Long called a motion to cut off debate.
The motion to cut off debate carried four to 1 o the following roll call vote:
AYES: Stern, Long, Wolowicz, Gardiner
NOES: Clark
Mayor Gardiner continued the Public Hearing.
CITY COUNCIL ORAL REPORTS:
Councilman Long indicated he would omit many things, saying another Council
members attended some of the same events so he would rely on them to cover those.
Councilman Long met with Commissioner Wood of the Public Utilities Commission to
discuss undergrounding among other things. He stated the question why utilities
cannot be required to pay for undergrounding was asked, saying the answer seems to
be, if the utilities pay, in all probability it will become part of the rate base and residents
will wind up paying anyway. He also inquired why residents should be required to pay
City Council Minutes
October 19, 2004
Page 12 of 18
for under grounded utilities, which then become an asset of the utility, saying he has
requested a letter be prepared to address this question. He indicated his
understanding of the PUC's policy is that rates for all utilities must be set as low as
possible and providers are expressly forbidden from accumulating funds to replace
worn out infrastructure, saying he found this a very shortsighted policy, which he hopes
someone will take steps to change.
Mayor Pro Tern Clark attended the fall Community Leaders' Breakfast on October 16,
saying the presentations by San Diego's Fire Chief Jeff Bowman and Councilman Jim
Madaffer provided an outstanding forum. He indicated the topic at hand was lessons
learned from the San Diego fires of 2003, which burned thousands of acres, and
hundreds of homes, noting several community leaders said afterwards it gave them
from both a community and residential perspective on things to do to prepare for such
an event.
Mayor Pro Tern Clark and City Manager Evans met with Jim Stahl, General Manager for
the Sanitation District, and discussed the potential use of Eastview Park, saying Mr.
Stahl indicated a willingness to explore the possibility of its short -term use by the City
over the next five years for youth recreation such as girls' softball.
Councilman Wolowicz attended the following meetings /events: August 19th the Waste
Management Local Representatives Luncheon and a site inspection with the developer
of 3200 PV Drive West; August 30th, with the City Manager and other elected officials of
RPV, met with Dana Rohrbacher; September 7th visited a view restoration site;
Se tember16th meetin g of the Palos Verdes Transit Authority; October 1 St and 2nd the
p
California Contract Cities meeting where there was a very significant presentation on
water; October 12th met with Rabbi Maglanic regarding proposed land use at Crestridge
and Crenshaw; October 14th, with Councilman Long, the Palos Verdes Chamber of
Commerce Citizen of the Year ceremony honoring MaryJane Schoenheider for her
contributions to RPV and the entire Peninsula.
Councilman Wolowicz noted with great pleasure that he presented Rancho Palos
Verdes' "State of the City" address October 15th, saying it was quite a privilege and an
honor to speak on behalf of the City; October 16th attended the Community Leaders'
Breakfast.
Councilman Wolowicz indicated on August 31 he attended the funeral of Victor
Vidugiris, his neighbor of 28 years, and honored him for his many noteworthy
contributions to the community at large during his lifetime. He also declared with
extreme delight that he and his wife were resent on September 12th at 2:45 a.m. to
g p
welcome the arrival of their first grandchild, Marina Mercedes Wolowicz.
City Council Minutes
October 19, 2004
Page 13 of 18
REGULAR NEW BUSINESS:
Annual Holiday Reception. (1101)
City Manager Evans presented the staff memorandum of October 19, 2004 and
confirmed that in the past few years there has been at least three or four thousand
dollars left in the travel budget, noting he did not include the upcoming trip to
Washington D.C. which would drive the budget up significantly if several Council
members decide to attend.
Mayor Pro Tern Clark remarked the Mayor's gesture to offer his portion of the travel
budget was quite magnanimous and his idea of creating a higher quality event is
certainly meritorious, saying, since there are reserves in the budget, he would prefer to
use that money.
Mayor Gardiner declared it is an occasion to celebrate and show gratitude to the staff,
residents, and volunteers of the community.
Mayor Pro Tem Clark moved, seconded by Mayor Gardiner, to select December 6 at
6:30 p.m. at Hesse Park; increase the budget for the reception with funds to be taken
from the travel budget.
Councilman Long spoke in favor of the motion but noted he does not support the
concept of taking regular expenses out of the City's reserves. He indicated, that being
said, the amount is negligible and the reasons are justified and merit doing.
Councilman Wolowicz agreed the amount is immaterial but preferred what the Mayor
proposed, saying he would rather take the money from a category that would make it
expense neutral. He indicated he believed allocating the extra $2500 from the travel
budget into the expense category would be more appropriate.
Mayor Pro Tern Clark reminded there was the monumental event of a case involving
the City being heard at the United States Supreme Court in the coming year, saying at
least a couple Council members will be interested in being present for this important
and historic occurrence. He indicated although this will take place next calendar year,
that it is still part of this year's travel budget.
Councilman Long favored Councilman Wolowicz's more consistent and methodical
approach, saying ultimately what remains in the travel budget would not be enough if
two or more Council members decide to attend the matter in Washington, D.C. so that
portion of the budget would likely need to be amended and considered on its own
merits.
Mayor Pro Tern Clark agreed there should be consistency when dealing with budgetary
matters but noted there are many items that come before Council where the reserves
City Council Minutes
October 19, 2004
Page 14 of 18
are utilized and the question of where within the budget funds could be transferred from
to make it a revenue neutral expenditure is not asked.
Councilman Long remarked he would not be concerned with taking funds from the
reserves for things such as the Interpretive Center, but he does have a problem using
them for regular expenditures.
The motion passed without objection.
November 2, 2004 City Council Meeting. (307)
Councilman Stern moved, seconded by Mayor Gardiner, to reschedule the Tuesday,
November 2, 2004 City Council meeting to 7:00 p.m. on Wednesday, November 3,
2004.
Report on the Sanitary Sewer Master Plan Study. (1402 x 901)
Director Allison presented the staff memorandum of October 19, 2004 and introduced
Senior Engineer Ron Dragoo, who conducted a PowerPoint presentation.
Councilman Stern queried how confident staff was that the samples taken are
representative of the entire system.
Engineer Dragoo answered they are fairly certain the results are close, noting samples
were taken in diverse areas, i.e. hilly and flat terrain, macerated regions, areas with
custom homes, etcetera.
Councilman Stern, indicating this is the first time in the City's 30 -year history that a
master plan had been implemented to deal with the sewer system, said it is probably
wise to plan for the future and inquired about the useful life of the system and its parts
and what might be anticipated in the years to come.
Engineer Dragoo replied the life of a clay sewer system is approximately 50 years,
noting there are clay pipes in the city that are far older with an average of about 54
years. Based on the observations from the video, he indicated the system needed to
be cleaned but otherwise appeared to be in very good condition with minimal spalling or
broken pieces of pipe as might be expected in a system this old.
City Manager Evans advised the system was installed well and consisted mainly of
vitrified clay pipe which did not deteriorate like metal or plastic pipe, saying there are
clay pipes in existence that are a hundred years old and still in good condition. He
stated a regular program of inspection and maintenance would help prevent hairline
roots from infiltrating and damaging the system, providing an almost indefinite life span.
Mayor Pro Tern Clark asked how that coincides with the average life span of
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October 19, 2004
Page 15 of 18
approximately 50 years.
City Manager Evans explained the 50 -year number is the system's design life, i.e. a
house has a design life of 30 years; a computer, 3 years.
Councilman Wolowicz requested clarification of the County's role in maintaining the
system at a $300,000 annual rate, saying there is some question as to the services they
have actually performed and will continue to provide.
City Manager Evans indicated it is very difficult to ascertain what been done in the past
since the County has a district spanning a huge area similar to that of cable television,
noting they are only able to separate their data into districts not individual areas.
Councilman Wolowicz declared that is significant information to have because it is
incumbent upon Council to decide whether there is sufficient general income, reserves,
or some combination from which to fund this without having to turn to the City's
residents for additional money.
City Manager Evans remarked he did not believe the County keeps the kinds of records
needed to make this type of determination. He indicated that many months of
negotiations will be required to settle this matter, saying the best approach now is to
devise a program of maintenance, have them videotape and clean the entire system
over the next five years, make any necessary repairs, and continue to respond to
overflows and breakages.
Councilman Wolowicz requested an explanation of the $26.6 million figure for lining.
Engineer Dragoo explained that number represents what could be done if every fine
root and minuscule crack were rectified by lining, saying staff does not anticipate doing
that but merely wanted to bring to Council's attention the "gold- plated" approach to
maintenance and repair of the system.
Mayor Gardiner remarked the $300,000 is a one -time expense to clean the system out
and asked what is anticipated to ensure the system stays in good repair.
Councilman Long indicated the videotaping and cleaning would have to be performed
on a periodic basis, although not at the same level since the system has basically been
neglected for some time, and said he would like to examine the contract with the
County.
City Manager Evans stated "County" is a misnomer; that RPV is actually contracting
with a sanitation or County Maintenance District to video and clean the entire system
once every ten years for $70,000. He indicated another $70,000 would have to be
allocated to perform the service every five years as recommended by staff.
Councilman Long inquired if the City can withdraw from that District.
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October 19, 2004
Page 16 of 18
City Manager Evans answered probably, but it would not be easy.
Councilman Long and Mayor Gardiner recommended the numbers be separated into
annual and ongoing costs.
Councilman Stern remarked the report is very good as presented with funding for the
program currently available in the City's reserves, but Council needs to know and
appreciate if the $300,000 will be needed for a recurring annual program.
Councilman Long asked if there was some mechanism to project future repairs so
funds could be set aside not only for cleaning and maintenance but to build up a
reserve so years from now money is available for necessary repairs. He commented
even with improved maintenance there is going to be some level of failures over the
next ten to twenty years.
Mayor Gardiner concurred, saying there is a formula for roads, sewers, storm drains, et
cetera: the cost to repair them, the cost to maintain them, and the money to be set
aside to replace them as the need occurs.
Director Allison indicated staff is working towards making these types of determinations
by attempting to fully understand what the District is doing, saying there are many
questions.
Mayor Pro Tern Clark stated one .of the components needed as the City moves forward
on this is a public education program to inform the community that the costs being
collected from individual property owners is not representative of what is actually
required to maintain the system.
Mayor Gardiner suggested this might be something to broadcast on a City Talk program
once Channel 33 is up and running.
Councilman Wolowicz indicated further information on the lining issue
should be presented to Council because the associated costs are significant and the
City needs to build in an early warning system to be able to anticipate them.
Mayor Gardiner moved, seconded by Mayor Pro Tern Clark, to (1) Receive and file the
report from the Director of Public Works regarding the Sanitary Sewer System Master
Plan Study; (2) staff to find out what the City's contribution to the Sanitation District is
spent on; and, (3) staff to build an early warning system in the sewer plan re necessity
of installing lining. Motion carried without objection.
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October 19, 2004
Page 17 of 18
COUNCIL DISCUSSION OF FUTURE AGENDA ITEMS & SUGGESTION OF FUTURE
AGENDA ITEMS:
None.
CLOSED SESSION REPORT:
City Attorney Lynch indicated Councilman Long was delayed in traffic and was not
present during the closed session at which no action was taken.
ADJOURNMENT:
Mayor Gardiner adjourned the meeting at 10:21 p.m. to November 3, 2004, at 6:30
p.m., to interview candidates for the Traffic Committee.
Attest:
WA2004 City Council Minutes \10192004 CC MINS.doc
&I
Mayor
City Council Minutes
October 19, 2004
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