CC MINS 20111206 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
DECEMBER 6, 2011
The meeting was called to order by Mayor Long at Fred Hesse Community Park, 29301
Hawthorne Boulevard at 7:02 P.M.
City Council roll call was answered as follows:
PRESENT: Campbell, Misetich, Stern, Wolowicz, and Mayor Long
ABSENT: None
Also present were: Carolyn Lehr, City Manager; Carolynn Petru, Deputy City
Manager/Interim Director of Recreation and Parks; Carol Lynch, City Attorney; Dennis
McLean, Director of Finance/Information Technology (IT); Joel Rojas, Community
Development Director; Tom Odom, Director of Public Works; Kit Fox, Senior
Administrative Analyst; and, Carla Morreale, City Clerk.
FLAG SALUTE:
The Flag Salute was led by Councilman Elect Jim Knight.
MAYOR'S ANNOUNCEMENTS:
Mayor Long provided a tribute to the late Ted Paulsen, former Planning Commissioner
and member of the PVP Library District Board, and requested that the meeting be
adjourned in Mr. Paulsen's memory, at the pleasure of the new Council. He announced
the upcoming Breakfast with Santa Event to be held on December 10, 2011 at Hesse
Park Community Center.
APPROVAL OF AGENDA:
Mayor Pro Tem Misetich moved, seconded by Councilman Stern, to approve the
agenda.
Councilman Stern inquired of City Attorney Lynch if the Approval of the Minutes should
be removed from the Consent Calendar and brought forward on the agenda, since there
will not be a majority of the remaining Council Members who would be eligible to vote
on them after the Council Reorganization.
City Attorney Lynch stated that it would be best to move Item B (Approval of the
Minutes) up on the agenda so that the current Council could vote on the matter.
City Council Minutes
December 6, 2011
Page 1 of 12
Councilman Stern moved, seconded by Mayor Long, to approve the amendment to the
motion, to move the Approval of the Minutes up on the agenda to follow immediately
after the Approval of the Agenda.
Mayor Pro Tem Misetich moved, seconded by Councilman Stern, to approve the
agenda, as amended.
City Attorney Lynch suggested that it would also be advisable to convene both the
Redevelopment Agency (RDA) Meeting to bring forward RDA Item B (Approval of the
Minutes) and the Improvement Authority (IA) Meeting to bring forward IA Item 1
(Approval of the Minutes).
The maker and seconder of the motion accepted the additional amendment.
At 7:08 P.M., Mayor Long convened the meetings of the Rancho Palos Verdes
Redevelopment Agency and Improvement Authority.
Roll call for both the Redevelopment Agency and Improvement Authority was answered
as follows:
AYES: Campbell, Misetich, Stern, Wolowicz, and Chair Long
NOES: None
Councilman Stern moved, seconded by Councilman Wolowicz, to approve the City
Council Minutes of the November 15, 2011 Regular Meeting; the Redevelopment
Agency Minutes of the November 1, 2011 Regular Meeting; and the Improvement
Authority Minutes of the November 1, 2011.
Roll call was answered as follows:
AYES: Campbell, Misetich*, Stern, Wolowicz, and Chair Long
NOES: None
*Mayor Pro Tem Misetich abstained from the City Council Minutes of November 15,
2011 as he was not present at that meeting.
At 7:11 P.M., Mayor Long recessed the Redevelopment Agency and Improvement
Authority Meetings.
Approval of Minutes (City Council)
Approved the Minutes of the November 15, 2011 Regular Meeting.
Approval of the Minutes (Redevelopment Agency)
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December 6, 2011
Page 2 of 12
Approved the minutes of the November 1, 2011 Regular Meeting of the Redevelopment
Agency.
Approval of the Minutes (Improvement Authority)
Approved the minutes of the November 1, 2011 Regular Meeting of the Improvement
Authority.
CERTIFICATION OF ELECTION:
Mayor Pro Tem Misetich thanked Mayor Long, Councilman Stern, and Councilman
Wolowicz for their years of service to the City and presented them with Rancho Palos
Verdes City Tile Plaques commemorating their service to the City. He also presented
each of the Council Members with a commemorative street sign on behalf of the City.
Mayor Pro Tem Misetich invited Deputy City Manager Petru to present Mayor Long with
the traditional gift to the City given on behalf of the City Council Members to honor the
outgoing Mayor.
Deputy City Manager Petru announced that Mayor Long was a scholar of history and
that the City had recently received a donation from community member Pete Majors of a
photograph of the Peninsula taken in 1949. She explained that the photograph will be
restored, framed and hung at City Hall in honor of Mayor Long for the enjoyment of the
public.
Councilman Wolowicz, Councilman Stern, and Mayor Long shared remarks regarding
their service on the City Council of the City of Rancho Palos Verdes. In addition,
Councilman Stern provided a PowerPoint presentation of the accomplishments of the
different Councils over his 12 years of service to the City. And Mayor Long presented
each of the new Council Members with a copy of the Constitution of the United States of
America and a book titled "The Conservative Assault on the Constitution."
Mayor Pro Tem Misetich and Councilman Campbell thanked the outgoing Council
Members for their guidance and assistance over the last two years in understanding the
workings of government at the local level and in Sacramento.
Bill Orton, representative of State Senator Roderick Wright, Inglewood, stated that he
was p resent to convey the friendship and appreciation of Senator Wright to outgoing
Councilman Stern, Councilman Wolowicz, and Mayor Long.
Rebekah Kim, representative, Los Angeles County Supervisor Don Knabe, stated that
she was present to recognize the accomplishments of the outgoing Council Members.
She presented each of the outgoing Council Members with a proclamation from
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December 6, 2011
Page 3 of 12
Supervisor Knabe.
Jeffrey Kiernan, Regional Public Affairs Manager, League of California Cities, stated
that he was present on behalf of the League of California Cities to thank the outgoing
Council Members for their service and to welcome the incoming Council Members.
Certification of Election Results
City Clerk Morreale provided a brief report regarding the Certification of Election results
declaring Susan Brooks, Jerry Duhovic and Jim Knight as the newly elected Council
Members as a result of the November 8, 2011 General Municipal Election.
Mayor Pro Tem Misetich moved, seconded by Councilman Stern, to approve the staff
recommendation to certify the Election results and ADOPT RESOLUTION NO. 2011-90,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD
IN SAID CITY ON NOVEMBER 8, 2011, DECLARING THE RESULTS THEREOF AND
SUCH OTHER MATTERS AS PROVIDED BY LAW.
The motion passed on the following roll call vote:
AYES: Campbell, Misetich, Stern, Wolowicz, and Mayor Long
NOES: None
ABSENT: None
Swearing in and Seating of Newly Elected Council Members Brooks, Duhovic, and
Knight
City Clerk Morreale administered the Oath of Office to newly elected Council Members
Susan Brooks, Jerry Duhovic, and Jim Knight
COUNCIL REORGANIZATION
Selection of Mayor
City Clerk Morreale called for nominations for the selection of Mayor.
Councilman Campbell nominated Mayor Pro Tem Misetich for Mayor. Councilwoman
Brooks seconded the motion.
The motion carried on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight and Mayor Pro Tem Misetich
NOES: None
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December 6, 2011
Page 4 of 12
ABSENT: None
Selection of Mayor Pro Tern
Mayor Misetich called for nominations for the selection of Mayor Pro Tern.
Councilwoman Brooks nominated Councilman Campbell to serve as Mayor Pro Tern.
Councilman Duhovic seconded the motion.
The motion carried on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
Mayor Misetich and Mayor Pro Tern Campbell extended congratulations to newly
seated Councilwoman Brooks, Councilman Duhovic, and Councilman Knight. Each of
the newly seated Council Members shared remarks thanking family members, friends
and residents for electing them to serve the City.
RECESS AND RECONVENE:
Mayor Misetich called a recess for a brief celebratory reception from 8:41 P.M. to 9:04
P.M.
RECYCLE DRAWING:
Mayor Misetich announced Recyclers of the Month from the November 15, 2011 City
Council meeting: Wilfred Bonnici and W. D. Woodruff. He indicated that all winners
receive a check for $250 representing a year of free refuse service and urged everyone
to participate in the City's Recycling Program. He noted that in addition to winning the
Recycler Drawing, the two individuals had also won a personal Emergency
Preparedness Kit from the City at a value of$59.95.
PUBLIC COMMENTS:
Jeanne Lacombe, President, Rolling Hills Riviera Homeowners Association, Rancho
Palos Verdes, stated that she had received a call from a homeowner who expressed
concern that he was denied a permit for a patio cover at his residence because his
home was in the Open Space Hazard area.
Councilwoman Brooks requested that this item be placed on a future City Council
agenda.
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December 6, 2011
Page 5 of 12
Community Development Director Rojas provided an update to Council regarding the
pending interpretation process regarding this matter. He noted that this issue is
currently before the Planning Commission as part of the General Plan Update and that
he anticipated bringing this item to the Council in early 2012.
CITY MANAGER REPORT:
City Clerk Morreale reported that an informational item was distributed during the recess
regarding this item.
City Manager Lehr provided a report on retroactive savings on fees of approximately
$30,000 as part of the recently approved Professional Services Agreement with Palos
Verdes on the Net.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding Item C (Border Issues Status Report) and Item E (Approval of Annual
Commercial Hauler Agreements for 2012) and there were no requests to speak
regarding Consent Calendar items.
City Attorney Lynch noted that Item B (Approval of the Minutes) was approved earlier on
the Agenda this evening.
Councilwoman Brooks requested that Item E (Approval of Annual Commercial Hauler
Agreements for 2012) be removed from the Consent Calendar for separate
consideration.
Councilwoman Brooks moved, seconded by Councilman Knight, to approve the
Consent Calendar, as amended, with Item E to be heard after Regular Business items.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight and Mayor Misetich
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk Morreale noted that Item E would be heard after the Regular Business items.
Motion to Waive Full Reading
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December 6, 2011
Page 6 of 12
Adopted a motion to waive reading in full of all ordinances presented at this meeting
with consent of the waiver of reading deemed to be given by all Council Members after
the reading of the title.
Border Issues Status Report
Received and filed the current report on the status of Border Issues.
October 2011 Monthly Report of Cash Balances
Received and filed the October 2011 Monthly Report of Cash Balances for the City of
Rancho Palos Verdes.
Approval of Annual Commercial Hauler Agreements for 2012
This item was removed from the Consent Calendar for separate consideration.
Award Construction and Construction Management/Inspection Services
Contracts for the Miraleste Plaza Access Ramps - ADA Compliance Project
1) Approved the construction plans and contract documents, on file in the Department of
Public Works, for the Miraleste Plaza Access Ramps-ADA Compliance Project;
2) Awarded a construction contract to CJ Concrete Construction, Inc. in the amount of
$56,626.50 for the project; 3) Awarded a professional services contract to Merit Civil
Engineering in the amount of$15,982 for project construction management and
inspection services; 4) Authorized staff to utilize an additional 10% ($7,260.85) for
contingency; and, 5) Authorized the Mayor and City Clerk to execute the agreements.
Register of Demands
ADOPTED RESOLUTION NO. 2011-91, 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.
Local Hazards Mitigation Program — Designation of Applicant's Agent
ADOPTED RESOLUTION NO. 2011-92, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, DESIGNATING THE APPLICANT'S
AGENT IN COMPLIANCE WITH THE CALIFORNIA EMERGENCY MANAGEMENT
AGENCY'S LOCAL HAZARD MITIGATION GRANT PROGRAM —ALL HAZARDS
MULTIJURISDICTIONAL MITIGATION PLAN PROJECT.
# # # # # # #
City Council Minutes
December 6, 2011
Page 7 of 12
ITEM REMOVED FROM THE CONSENT CALENDAR:
Approval of Annual Commercial Hauler Agreements for 2012
Mayor Misetich inquired of Councilwoman Brooks as to her intent regarding the removal
of Item E (Approval of Annual Commercial Hauler Agreements for 2012) from the
Consent Calendar.
Councilwoman Brooks stated that she requested a brief staff report on the issues
regarding one of the commercial hauler companies.
Director of Public Works Odom provided an update on staffs continuing discussions
with Universal Waste Systems, Inc. to resolve issues that have recently been raised.
He suggested the approval of eight of the annual commercial hauler agreements, with
staff to return with the Universal Waste Systems, Inc. agreement after resolution of the
pending issues.
Councilwoman Brooks moved, seconded by Councilman Knight, to: 1) Authorize the
Mayor and the City Clerk to execute one-year non-exclusive commercial refuse
collection and disposal services agreements for 2012 with the following companies:
California Waste Services LLC; CalMet Services, Inc.; Consolidated Disposal Service,
LLC; Easy Roll Off Services; EDCO Disposal Corporation; S & H Disposal Company &
Recycling Services; USA Waste of California, Inc., dba Waste Management of Los
Angeles; and West Coast Waste & Roll Off Service; 2) Directed staff to continue
discussions with Universal Waste Systems, Inc. regarding pending issues; and,
3) ADOPTED RESOLUTION NO. 2011-93, AS AMENDED, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, LIMITING THE
NUMBER OF HAULERS AUTHORIZED TO PROVIDE SOLID WASTE COLLECTION
AND RECYCLING SERVICES FROM COMMERCIAL PREMISES, AND ROLL OFF
SERVICES TO RESIDENTIAL AND COMMERCIAL PREMISES IN THE CITY OF
RANCHO PALOS VERDES IN CALENDAR YEAR 2012.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight and Mayor Misetich
NOES: None
ABSENT: None
ABSTAIN: None
PUBLIC HEARINGS:
Proposed 2012-2013 Community Development Block Grant (CDBG) Program
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December 6, 2011
Page 8 of 12
City Clerk Morreale reported that notice of the public hearing was duly published, no
written protests received, and there was one request to speak regarding this item.
Mayor Misetich declared the public hearing open.
Director of Public Works Odom provided a brief staff report regarding this item.
Ernie Obien, Rancho Palos Verdes, stated that he lives on Blackhorse Road and has
experienced difficulty gaining access to the buses in his neighborhood due to the
absence of ADA ramps. He urged support of the staff recommendation to approve the
proposed improvements through the CDBG Program.
Mayor Misetich declared the public hearing closed.
Council Member Knight moved, seconded by Council Member Brooks, to approve the
staff recommendation to: 1) Approve the proposed CDBG projects and budget;
2) Authorize the Director of Public Works to execute agreements for CDBG projects with
the Los Angeles County Community Development Commission; and, 3) Authorize the
Director of Public Works to adjust the program budget as necessary to take into account
the final CDBG allocation and any amounts unexpended at the close of the fiscal year.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
ABSTAIN: None
REGULAR NEW BUSINESS:
Modification to Rules of Procedure
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there were two requests to speak regarding this item.
Councilwoman Brooks provided a brief report regarding this item and suggested the
following modifications to the Rancho Palos Verdes City Council Rules of Procedures:
1) Elimination of the One-Hour Rule; 2) Amend the end time of the meeting to 11:00
p.m., with no new business considered after 10:15 p.m., depending on the item under
consideration, with the continuation of the meeting to the next evening in a location to
be determined; and, 3) Allow modest applause, as deemed acceptable by the Mayor.
Mark Wells, Rancho Palos Verdes, stated that he was in favor of changing the One-
Hour Rule, but noted that tasks anticipated to take longer than one hour should be
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December 6, 2011
Page 9 of 12
voted on by the Council so that there is some oversight over the work staff is
performing, which is a use of taxpayer money.
Ann Shaw, Rancho Palos Verdes, stated that she was in favor of the retention of the
One-Hour Rule as a definite standard. She noted that if a Council Member has an item
that will take more than one hour, that item should be brought to the Council for
consideration, since time is money. She stated that Council should not allow applause
in the public forum because she believes it is disruptive and less efficient.
Discussion ensued between Council Members, staff and the speaker. When asked how
staff would proceed if the One Hour Rule was eliminated, City Manager Lehr responded
that she would agendize for Council consideration any requests or directives from a
Council Member that entails significant work or dollar outlay not previously approved by
the Council.
Councilwoman Brooks moved, seconded by Mayor Misetich, to eliminate the One-Hour
Rule.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight and Mayor Misetich
NOES: None
ABSENT: None
ABSTAIN: None
Councilwoman Brooks moved, seconded by Mayor Pro Tem Campbell, to modify Rule
No. 3.2 to amend the end time of the meeting to 11:00 p.m., with no new business
considered after 10:15 p.m., depending on the item under consideration, with the
continuation of the meeting to the next evening at a location to be determined.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight and Mayor Misetich
NOES: None
ABSENT: None
ABSTAIN: None
Mayor Misetich moved, seconded by Mayor Pro Tem Campbell, to determine that
modest applause would be allowed as deemed acceptable by the Mayor, except during
public hearing items.
Discussion ensued between Council Members.
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December 6, 2011
Page 10 of 12
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, and Mayor Misetich
NOES: Duhovic and Knight
ABSENT: None
ABSTAIN: None
Council Meeting Schedule
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting.
Deputy City Manager Petru provided a brief overview of this item and the projected
dates for upcoming Council meetings.
Discussion ensued between Council Members.
Councilman Knight moved, seconded by Councilman Duhovic, to approve the staff
recommendation to: 1) Schedule a City Council Workshop for presentations by the City
Attorney's Office covering the topics of Legal Requirements for Elected Officials, and
Employee Labor Relations at 6:00 PM on Monday, December 19, 2011 in the
Community Room at City Hall; 2) Designate the regular meeting of Tuesday, January 3,
2012, at 6:00 PM at the Point Vicente Interpretive Center, as a City Council Workshop
to discuss Budget Methods, and Short Term and Long Term City Council Priorities;
3) Schedule an adjourned regular meeting on Tuesday, January 31, 2012 at 7:00 PM at
the Point Vicente Interpretive Center; and, 4) Schedule Candidate Interviews for the
Planning Commission and the Finance Advisory Committee, at 6:00 PM on Tuesday,
January 17, 2012 and Tuesday, January 31, 2012, respectively, at the Point Vicente
Interpretive Center, and schedule Candidate Interviews for the Oversight Committee
and Committee/Commission Chairs at 6:00 PM on Tuesday, February 7, 2012 at Hesse
Park.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
ABSTAIN: None
Discussion ensued between Council Members regarding the selection of a date for the
Community Leaders' Breakfast meeting.
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December 6, 2011
Page 11 of 12
Councilman Knight moved, seconded by Councilman Duhovic, to allow Council
Members to check their calendars regarding possible dates for the FY11-12 Community
Leaders' Breakfast meeting and direct staff to agendize the matter at a future meeting.
Without objection, Mayor Misetich so ordered.
CITY COUNCIL ORAL REPORTS:
Mayor Misetich suggested the deferral of this item until the next meeting. Without
objection, Mayor Misetich so ordered.
ADJOURNMENT:
At 10:16 p.m., Mayor Misetich adjourned the meeting in the memory of Ted Paulsen to
Monday, December 19, 2011 at 6:00 p.m. at the City Hall Community Room for a City
Council Workshop/Adjourned Regular Meeting.
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City Council Minutes
December 6, 2011
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