CC MINS 20120117 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
JANUARY 17, 2012
The meeting was called to order by Mayor Misetich at Pt. Vicente Interpretive Center,
31501 Palos Verdes Drive West at 7:06 P.M.
City Council roll call was answered as follows:
PRESENT: Brooks, Campbell, Duhovic, Knight and Mayor Misetich
ABSENT: None
Also present were: Carolyn Lehr, City Manager; Carolynn Petru, Deputy City
Manager/Interim Director of Recreation and Parks; Carol Lynch, City Attorney; Joel
Rojas, Community Development Director; Tom Odom, Director of Public Works; Greg
Pfost, Deputy Community Development Director; Kathryn Downs, Deputy Director of
Finance/Information Technology (IT); Eric Mausser, Human Resources Manager; and,
Carla Morreale, City Clerk.
Also present was: Diana Cho, Consultant, Community Development Block Grant
Program and Bob Callanan, Audit Partner, White Nelson Diehl Evans, LLP.
FLAG SALUTE:
The Flag Salute was led by Councilman Jim Knight.
MAYOR'S ANNOUNCEMENTS:
Mayor Misetich announced the City's continuing partnership with the Santa Monica Bay
Restoration Commission and named the 22 restaurants in the City that have recently
been re-certified as part of the Clean Bay Restaurants Program.
He congratulated resident Natalie Pack on her recent success in being named 2012
Miss California USA and presented her with a small gift of congratulations on behalf of
the City of Rancho Palos Verdes.
RECYCLE DRAWING:
Mayor Misetich announced Recyclers of the Month from the December 20, 2011 City
Council meeting: Alvin Serpa and Ethel T. Harai. 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
City Council Minutes
January 17, 2012
Page 1 of 19
Recycler Drawing, the two individuals had also won a personal Emergency
Preparedness Kit from the City Emergency Preparedness Division at a value of$59.95.
APPROVAL OF AGENDA:
Councilman Knight moved approval of the Agenda, as presented.
City Manager Lehr requested the continuance of Item No. 6 (Overview— Professional/
Technical Services Agreement for Services Regarding the Information Technology
System — Palos Verdes on the Net) to the February 7, 2012 Council Meeting.
Councilwoman Brooks offered an amendment to reverse the order of the two Public
Hearing Items, so that Item 2 (Revision "ZZ" to the Trump National Golf Course Project-
Proposed Hedge on Driving Range) is heard before Item 1 (Proposed Community
Development Block Grant (CDBG) Program Reallocation of Funds).
Councilman Knight accepted the amendment.
Councilman Knight moved, seconded by Councilwoman Brooks, to approve the agenda,
as amended, with Item No. 6 continued to the February 7, 2012 Council Meeting, and
the two Public Hearing items to be heard in reverse order.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight and Mayor Misetich
NOES: None
ABSENT: None
ABSTAIN: None
PUBLIC COMMENTS:
None.
CITY MANAGER REPORT:
Community Development Director Rojas provided a Status Report Update regarding the
Southern California Association of Governments (SCAG) Compass Blueprint Grant to
pay for consultant services for the Western Avenue Corridor Strategy Plan which will
enhance the economic vitality and aesthetics of that corridor.
City Manager Lehr provided a report regarding the Median Landscape Spraying of
Round-Up Pro for purposes of weed abatement along Palos Verdes Drive South.
City Council Minutes
January 17, 2012
Page 2 of 19
City Manager Lehr announced the upcoming fun and educational Jr. Ranger Program to
be held one Saturday each month beginning in January 2012 through June 2012. She
noted that the free program is led by Interpretive Staff of the Mountains Recreation and
Conservation Authority and will include hikes in the Forrestal Nature Reserve and a trip
to the Abalone Cove Tidepools. She noted that interested participants can contact the
Recreation and Parks Department for a registration form or more information.
City Manager Lehr invited Los Angeles County Fire Department Representative Richard
Luke to provide a brief overview regarding the Crest Fire in McCarrell Canyon on
January 9, 2012. Mr. Luke noted that the fire that began in McCarrell Canyon was able
to be quickly handled due to the time of day and favorable weather conditions. He
reported that seven engines and two water-dropping helicopters worked the fire to
enable a quick containment.
Public Works Director Odom provided an update regarding the status of the electrical,
gas, water utilities, and sewer lines at the Ladera Linda Community Center. He
reported on the maintenance and repair of the indoor and outdoor facilities.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that Late Correspondence was distributed prior to the
meeting regarding Item C (Adopt Ordinance No. 530 - Ordinance Prohibiting Overnight
Camping within the Palos Verdes Nature Preserve and the Abandonment of Animals on
City Property) and Item F (Initiation of a Code Amendment to Restrict the Number of
Residential Garage Sales), and there was one request to speak regarding Item E
(Agency Shop Agreement between the City of Rancho Palos Verdes and the Rancho
Palos Verdes Employees Association).
Councilwoman Brooks reported that she had a quick question regarding Item F
(Initiation of a Code Amendment to Restrict the Number of Residential Garage Sales)
and requested that the following Items be removed from the Consent Calendar for
separate consideration: Item G (City Council Meeting Schedule— Interviews of
Applicants for City Advisory Boards & Chair of Each of the Five City Advisory Boards),
Item K (Disclosure of Communications between the City Manager and Individual
Members of the City Council), Item L (Ascertain the Current Amount of the City's
Unfunded Pension Liability), and Item M (Conduct a Confidential Employee Workplace
Satisfaction Survey of Current and Former City Employees).
Councilwoman Brooks moved, seconded by Councilman Knight, to approve the agenda,
with Item G (City Council Meeting Schedule— Interviews of Applicants for City Advisory
Boards & Chair of Each of the Five City Advisory Boards), Item K (Disclosure of
Communications between the City Manager and Individual Members of the City
City Council Minutes
January 17, 2012
Page 3 of 19
Council), Item L (Ascertain the Current Amount of the City's Unfunded Pension
Liability), and Item M (Conduct a Confidential Employee Workplace Satisfaction Survey
of Current and Former City Employees) removed from the Consent Calendar.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight,* and Mayor Misetich
NOES: None
ABSENT: None
ABSTAIN: Knight (recused on Item D)*
*Councilman Knight recused himself from voting on Item D (FYI 0-I I Annual Report of
the Redevelopment Agency).
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
Approved the Minutes of the December 20, 2011 Regular Meeting.
Adopt Ordinance No. 530 - Ordinance Prohibiting Overnight Camping within the
Palos Verdes Nature Preserve and the Abandonment of Animals on City Property
ADOPTED ORDINANCE NO. 530, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, PROHIBITING OVERNIGHT CAMPING WITHIN THE PALOS
VERDES NATURE PRESERVE AND THE ABANDONMENT OF ANIMALS ON CITY
PROPERTY, AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE.
FY10-11 Annual Report of the Redevelopment Agency
Received and filed the annual report of the Rancho Palos Verdes Redevelopment
Agency.
Agency Shop Agreement between the City of Rancho Palos Verdes and the
Rancho Palos Verdes Employees Association
This item was removed from the Consent Calendar for separate consideration.
Initiation of a Code Amendment to Restrict the Number of Residential Garage
Sales
City Council Minutes
January 17, 2012
Page 4 of 19
Councilwoman Brooks inquired if the language in the Code Amendment would specify
the possibility that garage sales would not only be considered once in a calendar year,
but also two times every twelve months.
Community Development Director Rojas stated that when the item goes to the Planning
Commission both options will be identified.
Councilman Knight added that he would like the Planning Commission to consider the
impact of the Code Amendment on community or neighborhood block garage sales; the
ability to determine how many garage sales have occurred; and enforcement issues.
Initiated a Code Amendment to restrict the number of garage sales on residential
properties to two garage sales within one calendar year.
City Council Meeting Schedule— Interviews of Applicants for City Advisory
Boards & Chair of Each of the Five City Advisory Boards
This item was removed from the Consent Calendar for separate consideration.
Register of Demands
ADOPTED RESOLUTION NO. 2012-02, 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.
Support of Senate Bill 659 (Padilla) to Extend the Dissolution Date of
Redevelopment Agencies from February 1, 2012 to April 15, 2012
Authorized the Mayor to sign a letter supporting SB 659 and directed staff to transmit
that letter to Senators Padilla and Wright.
Disclosure of Communications between the City Manager and Individual
Members of the City Council
This item was removed from the Consent Calendar for separate consideration.
Ascertain the Current Amount of the City's Unfunded Pension Liability
This item was removed from the Consent Calendar for separate consideration.
Conduct a Confidential Employee Workplace Satisfaction Survey of Current and
Former City Employees
City Council Minutes
January 17, 2012
Page 5 of 19
This item was removed from the Consent Calendar for separate consideration.
# # # # # # #
ITEM REMOVED FROM THE CONSENT CALENDAR:
Agency Shop Agreement between the City of Rancho Palos Verdes and the
Rancho Palos Verdes Employees Association
Ken Dyda, Rancho Palos Verdes, stated that this item was a preliminary step to provide
an Agency Shop Agreement but noted two concerns regarding the item. He stated that
the audit for the organization will be done by the President and recommended that the
audit be performed instead by an independent auditor. He noted that there was
reference made to the Hudson Procedure and requested that an explanation of the
Hudson Procedure be included in the documentation.
City Attorney Lynch stated that the Employee Organization did make the suggestion
and City staff concurred with respect to how the audit is conducted, but noted that the
item could be continued to the next Council Meeting if there are concerns regarding this
issue. She added that she would report back to Council at the next meeting regarding
the explanation of the Hudson Procedure and suggested the continuation of the item
until the January 31, 2012 Council Meeting.
Mayor Pro Tem Campbell moved, seconded by Councilwoman Brooks, to continue this
item to the January 31, 2012 Council Meeting.
Discussion ensued between Council Members and staff regarding a Memorandum of
Understanding (MOU).
Human Resources Manager Mausser reported that a request for an MOU has not yet
been received from the Employee Association.
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:
Revision "ZZ" to the Trump National Golf Course Project— Proposed Hedge on
Driving Range
City Council Minutes
January 17, 2012
Page 6 of 19
City Clerk Morreale reported that notice of the public hearing was duly published and
written protests included in the staff report and late correspondence distributed prior to
the meeting. She reported that there were 21 requests to speak regarding this item.
Mayor Misetich declared the public hearing open.
Councilman Duhovic stated that on the advice of the City Attorney and the Fair Political
Practices Commission (FPPC) he would be recusing himself from participation of this
item due to the proximity of his residence to the project location; and he read a brief
excerpt from the California Code of Regulations regarding this matter. Councilman
Duhovic left the dais at 7:42 p.m.
Mayor Misetich explained the public hearing process for the benefit of the audience and
noted that this item was a quasi judicial decision.
Deputy Community Development Director Pfost provided a detailed staff report and
PowerPoint presentation regarding Revision "ZZ" to the Trump National Golf Course
Project— Proposed Hedge on Driving Range.
Discussion ensued between Council Members and staff.
Lawrence Glick, applicant, Trump Organization, stated that he is in charge of running
the Golf Courses for the Trump Organization and is part of the "white glove service"
team to make the experience for the guests of the Trump facility the best that is
possible. He explained that the Trump Organization is the second largest employer in
the City and has been very generous in terms of charity. He stated that the current
employees work for the common cause to put the Trump Golf Course on the map and
manicuring the golf course. He noted that the Trump Organization has been working
with staff regarding the recommendations regarding the New Zealand pines, a drought
resistant plant. He stated that when PGA tour members, first time golfers, or team golf
on the course, the only thing they should see on the driving range is the pin flag. He
stated that it was a business point to conceal the homes and was a beautification
process that they were striving to achieve. He stated that Trump National has agreed to
the recommendations as part of the process to improve the golf course and noted the
hedges would be maintained.
Discussion ensued between the Mr. Glick and the Council.
Jim Sarner, Rancho Palos Verdes, stated that he uses the Trump National Golf Course
regularly and noted that it would help him to be able to concentrate on the teaching if
g Y
there was a flag on the Driving Range to help improve his game. He recommended that
the Council approve the application under consideration.
City Council Minutes
January 17, 2012
Page 7 of 19
Deidre Manns, President, Peninsula Education Foundation (PEF), Rancho Palos
Verdes, stated that the Trump Organization and PEF have had a wonderful partnership
over the years with mutual respect for each other and recommended approval of the
application before the Council, as the Trump National Golf Course is an asset to the
community.
Ken Dyda, Rancho Palos Verdes, stated that several of his concerns have been
addressed, but suggested that when the hedges are trimmed the trimming should be
done somewhat below the maximum height, so that the foliage can grow up to but not
exceed the maximum height. He noted that there was a precedent in the City for this
method of trimming.
Ray Baker, San Pedro, stated that as a player using the Trump National Golf Course
the ability to aim at the flag without the structures behind it, would certainly enhance the
game and increase the speed of play. He added that the Trump Organization staff has
improved substantially over the last years.
Mickey Rodich, representative of the Ladera Linda Homeowners Association, Rancho
Palos Verdes, stated that he went on a tour with Trump General Manager Lili Amini. He
stated that his association is approving the hedge line as it is, and noted that the main
issue of maintaining the height of the hedge has been answered this evening.
John Colich, Rancho Palos Verdes, stated he lives in the lower section of the
Portuguese Bend Beach Club on the border of Trump's property and noted he would
prefer a view of the hedge over the traffic on Palos Verdes Drive South. He stated that
he walks the trails frequently and visits the restaurants at the Trump Organization,
noting the Trump organization is doing a great job. He concluded he was in favor of the
trees.
Jim Bullard, Rancho Palos Verdes, spoke in favor of the trees and frequently uses the
golf course, noting this would be the final step towards a perfect golf course.
Lili Amini, General Manager, Trump National Golf Club, stated that she was speaking
on a personal note and spoke in favor of the approval of the application, as it would
beautify the driving range as well as give the golfers a good uniform line of sight.
Joe Lewis, Hermosa Beach, Head Golf Professional, Trump National Golf Club, stated
that he is a Certified Class A PGA Golf Professional and noted that it was important to
be able to see the golf ball travelling through the air all the way until it reaches its
intended target. He stated that from the golfer's perspective, planting the New Zealand
Christmas trees will enhance the ability to create a hedge while making the line of sight,
uniform without interference of the homes from the back of the range. He stated that
the solid back drop will allow professionals and guests to help fine tune their games to
make them the best golfers they can be.
City Council Minutes
January 17, 2012
Page 8 of 19
Chip Zelt, Rancho Palos Verdes, stated that he was in opposition to the proposed
hedges citing Revision "W" and its mitigation measures which stated that landscaping
within the project area shall be planted in such a manner that views from adjacent
properties and any public right away should not be affected. He noted that the word
"significant" was left off of this particular project and reminded the Council that Revision
"W" came out of many months of open community meetings by the late Trump
spokesman Vinnie Stellio where a mutually agreed upon win-win situation was for the
approval of a driving range instead of the development of homes. He inquired as to the
reason for staff or Council support of any view blockage at this location and encouraged
the Council to vote against the approval of this application.
Linda D'Ambrosi, Rancho Palos Verdes, stated that she is in support of the planting of
the trees to assist the golfers using the driving range and noted that the hedges would
also serve as a safety barrier preventing balls to enter the trail area.
Jack Hardy, Rancho Palos Verdes, stated that he is an avid golfer, loves the Trump
facility and noted that it would be advantageous for the trees to be on the driving range
and could bring better golfers and revenue to the community.
Andrea Gaston, Rancho Palos Verdes, stated that she is the Head Women's Golf
Coach at USC and that she was present on the behalf of the men's and women's golf
teams. She stated she was in strong support of the New Zealand Christmas trees at
the end of the driving range which would provide an aiming point and frames the driving
range, which provides a specific target and enhances their practice to compete at the
highest level.
Russ Temple, Torrance, stated that he is a golfer and praised the Trump Golf Course as
a Five-Star facility which is missing a crowning piece. He stated he and his wife are in
strong support of the Trump National application.
Dennis Karaghi, stated that he has played at Trump National Golf Course and was in
support of the hedges for the driving range in making the course perfect.
Leonard Kim, Torrance, stated that he loves to golf and the Trump National Golf Course
is one of the most pristine golf courses around, except for the driving range and
approved the planting of the New Zealand Christmas trees.
Kris Brown, Redondo Beach, stated that he is the Director of Instruction at Trump
National Golf Course and noted he approved of the hedges to support a backdrop for
the driving range to help improve golfers' games.
Lawrence Glick, in rebuttal, stated that he looked forward to working with the City,
notin g that the Trump Organization wants to help place Rancho Palos Verdes on the
City Council Minutes
January 17, 2012
Page 9 of 19
map, whether it is with the use of the golf course by college teams, children, or
professional players.
RECESS AND RECONVENE:
Mayor Misetich called a brief recess from 8:49 P.M. to 8:57 p.m.
Discussion ensued between Council Members and staff regarding modifications to the
resolution regarding this application.
Councilman Knight stated that there should be a correction to Page 2-35, Section 3C of
the Resolution, noting the word "ficus" should be removed. He added that on Page 2-
36, in Section K(2)b of the Resolution the language should be changed from "if the
applicant does not maintain the hedge at its maximum height" to "if the applicant does
not maintain the hedge up to its maximum height." He asked for clarification regarding
the proposal to determine the height of the stakes to determine the hedge height.
Community Development Deputy Director Pfost stated that the height of the hedges
would be verified by a certified survey as explained on a surveyed plan near the end of
the staff report.
Councilman Knight stated that he had a concern with the placement of the silhouette
flags and suggested an enforceable property line delineation point at which the hedges
would not be planted beyond.
Discussion ensued between Council and staff.
Councilwoman Brooks stated that she would like a provision added to the Resolution to
address the issue of trust, and suggested a condition to be added that in the event that
the height of the hedge is not maintained within the 30 day time period, the City shall
remove said foliage and charge the applicant for such removal or a lien will be placed
on the property pending payment.
Councilwoman Brooks moved to approve the Resolution to that affect, as amended,
with the inclusion of Councilman Knight's modifications.
Council discussion continued.
Mayor Pro Tem Campbell offered a friendly suggestion to add a condition that the City
be directed to trim the hedge if the maximum height is exceeded, and charge for the
cost of the trimming, rather than remove the trees.
Council discussion continued.
City Council Minutes
January 17, 2012
Page 10 of 19
Mayor Misetich noted that there was not yet a second on the motion.
Councilwoman Brooks reiterated the motion, seconded by Mayor Misetich, to approve
both resolutions, as amended, with the provision that she added and the inclusion of
Councilman Knight's two modifications.
Councilman Knight offered a friendly amendment to add an enforceable delineated
measurement as to where the last hedge would be located as indicated by the flags.
Councilwoman Brooks accepted the amendment.
City Attorney Lynch suggested that before the lien is placed that the language be that
the applicant shall reimburse the City for the cost of removal of the hedge. If the City is
not reimbursed within 30 days, then the City may place the lien on the property.
Mr. Glickman stated that the issue of trust is on both sides and the process is about
treating the Trump Organization like every other citizen and business in Rancho Palos
Verdes. He noted that legally he was not sure there could be a lien placed, and he
thought it was not necessary, as the City has determined what was needed and the
Trump Organization has accepted those conditions.
Mayor Pro Tem Campbell offered a friendly amendment to the motion to take the lien
out of this and just charge them for it.
Mayor Misetich added and just charges them for the removal.
City Attorney Lynch noted that under the Municipal Code, if the City has to do code
enforcement against a particular property, the City has the ability to place a lien against
the property to recover the costs of the expenses, so this is an available remedy under
the Municipal Code. She added that she would leave the language in that if they do not
remove the hedges, the City can remove the hedges and bill them for that amount; and
if the City does not get paid, it would go through the usual process.
Councilwoman Brooks and Councilman Knight accepted the amendment.
Mayor Misetich declared the public hearing closed.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight and Mayor Misetich
NOES: None
ABSENT: Duhovic (recused)
ABSTAIN: None
City Council Minutes
January 17, 2012
Page 11 of 19
Councilman Duhovic returned to the dais at 9:20 P.M.
Proposed Community Development Block Grant (CDBG) Program Reallocation of
Funds
City Clerk Morreale reported that notice of the public hearing was duly published, no
written protests received, and there were no requests 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.
There were no requests to speak.
Mayor Misetich declared the public hearing closed.
Councilman Knight moved, seconded by Mayor Pro Tem Campbell, to: 1) Approve the
reallocation of project funding for the Blackhorse Road Americans with Disabilities Act
(ADA) Improvements project from Fiscal Year 2012-2013 to Fiscal Year 2011-2012;
2) Authorize the Director of Public Works to execute agreements for CDBG projects with
the Los Angeles County Community Development Commission; and, 3) ADOPT
RESOLUTION NO. 2012-05, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2011-44, THE
BUDGET APPROPRIATION FOR FY 2011-12 FOR A BUDGET ADJUSTMENT OF
$70,000 TO THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT FUND.
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:
FY10-11 Comprehensive Annual Financial Report
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding this item.
Deputy Director of Finance/IT Downs provided a brief staff report and PowerPoint
presentation regarding this item.
Discussion ensued between Council Members and staff.
City Council Minutes
January 17, 2012
Page 12 of 19
Bob Callanan, Independent Audit Partner, White Nelson Diehl Evans, LLP,st ated that
there were no material findings and his firm provided an unqualified opinion, which is
the highest possible opinion his firm can provide regarding financial statements. He
noted that he had reported to the Audit Committee the following information: 1) there
were three immaterial adjustments made; 2) there were no arguments or disagreements
with management on any issues; and, 3) there was no opinion shopping from
management.
Discussion ensued between Council Members and staff.
Councilwoman Brooks moved, seconded by Councilman Duhovic, to receive and file the
FY10-11 Comprehensive Annual Financial Report (CAFR) of the City of Rancho Palos
Verdes, and the Independent Auditors' Report on Internal Control.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight and Mayor Misetich
NOES: None
ABSENT: None
ABSTAIN: None
Next Steps in Redevelopment Agency Dissolution — Compliance with Assembly
Bill 936 Regarding Forgiven Debt
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding this item.
Councilman Knight recused himself from discussion of this item and left the dais at 9:31
P.M.
Deputy Director of Finance/IT Downs provided a brief staff report and PowerPoint
presentation regarding this item.
Discussion ensued between Council Members and staff.
Councilwoman Brooks moved, seconded by Councilman Duhovic, to: ADOPT
RESOLUTION NO. 2012-06, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, PURSUANT TO ASSEMBLY BILL 936 CONCERNING
FORGIVENESS OF LOANS, ADVANCES, OR OTHER INDEBTEDNESS.
City Council Minutes
January 17, 2012
Page 13 of 19
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, and Mayor Misetich
NOES: None
ABSENT: Knight (Recused)
ABSTAIN: None
Councilman Knight returned to the dais at 9:49 P.M.
Mayor's Appointment of City Council Members to Intergovernmental
Organizations, Associations, and City Subcommittees
Mayor Misetich stated that he had made assignments of City Council Member to the
various intergovernmental organizations, associations and City Council Subcommittees.
City Clerk Morreale reported on the organizations that require the completion of a 700
Form (Statement of Economic Interests).
Council discussion ensued regarding service on appointments to several of the boards.
Mayor Misetich noted the following changes as a result of the discussion:
1) Councilman Knight was appointed as the Delegate, and Councilman Duhovic the
Alternate to the South Bay Cities Council of Governments (SBCCOG) Transportation
Committee as well as the SBCCOG General Meeting; and Councilwoman Brooks was
appointed as a 2nd Alternate to the SBCCOG General Meeting; 2) Councilman Duhovic
was removed as Alternate from the LAX Community Noise Roundtable and Director of
Finance/IT McLean was appointed as the Alternate to that organization; 3) Mayor Pro
Tem Campbell was removed as Alternate from the Ponte Vista Development Alternate
position and Councilman Duhovic was appointed as the Alternate; and, 4) Councilman
Duhovic was removed as Delegate to the Upper Pt. Vicente/Civic Center Master Plan
Subcommittee and Mayor Pro Tem Campbell was appointed as the Delegate.
Mayor Misetich moved, seconded by Councilman Duhovic, to adopt the 2012 Council
Assignments for Delegate and Alternate appointments to the various organizations and
associations, as amended.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
ABSTAIN: None
City Council Minutes
January 17, 2012
Page 14 of 19
Overview— Professional/Technical Services Agreement for Services Regarding
the Inforamtion Technology System — Palos Verdes on the Net
This item was continued to the February 7, 2012 City Council Meeting.
Planning for January 31, 2012 Part 2 Council Goal Setting Meeting
Councilwoman Brooks provided a brief report regarding this item.
Discussion ensued between Council Members.
Councilwoman Brooks moved, seconded by Councilman Duhovic, to engage the
services of Mr. Len Wood for the January 31, 2012 Part 2 Council Goal Setting Meeting
and offer to compensate Dr. Edwards at an appropriate rate as deemed necessary for
his work on the City Council Goal Setting Workshop on January 3, 2012.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
ABSTAIN: None
Councilman Knight moved, seconded by Councilman Duhovic, to continue past the
Council's 10:15 P.M. end time for considering new business per the Council's Rules of
Procedure, but finish by 11:00 P.M.
Without objection, Mayor Misetich so ordered.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
City Council Meeting Schedule — Interviews of Applicants for City Advisory
Boards & Chair of Each of the Five City Advisory Boards
City Clerk Morreale reported that this item was removed from the Consent Calendar by
Councilwoman Brooks.
Councilwoman Brooks stated that the interviews of applicants for the City Advisory
Boards should be postponed until the Council has the opportunity to determine new
Council policy direction as well as a Code of Conduct for the committee/commission
members.
City Council Minutes
January 17, 2012
Page 15 of 19
Councilman Duhovic suggested that the interviews of applicants continue as planned,
but the committee members be interviewed and appointed, with the understanding that
members would sign a Code of Ethics or Code of Conduct after the appointments.
Mayor Misetich inquired if interviews are held and appointments made to the various
committees and commissions and then the Council later creates a Code of Conduct,
would the Code of Conduct be enforceable at any time.
City Attorney Lynch stated that the members of any commission and committee serve at
the pleasure of the Council and if they choose not to abide by the Code of Conduct,
they can resign or the Council can remove them from the Advisory Body.
Councilman Duhovic requested that the start time of the interviews during the week
begin at 6:00 P.M.
Council discussion ensued.
Mayor Misetich moved, seconded by Mayor Pro Tem Campbell, to adopt the staff
recommendation, as amended with the start time of 6:00 p.m., to: 1) Schedule an
adjourned regular meeting on Tuesday, January 31, 2012 at 6:00 p.m. for the interviews
of applicants for the Planning Commission; 2) Schedule an adjourned regular meeting
on Tuesday, February 7, 2012 at 6:00 p.m. for the interviews of applicants for the
Finance Advisory Committee; 3) Schedule an adjourned regular meeting on Tuesday,
February 21, 2012 at 6:00 p.m. for the interviews of applicants for the Oversight
Committee for Water Quality & Flood Protection Program; and, 4) Schedule an
adjourned regular meeting on Tuesday, March 6, 2012 at 6:00 p.m. for the interviews of
applicants interested in serving as Chair of each of the five City Advisory Boards.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
ABSTAIN: None
ITEMS REMOVED FROM THE CONSENT CALENDAR;
Disclosure of Communications between the City Manager and Individual
Members of the City Council
City Clerk Morreale reported that this item was removed from the Consent Calendar by
Councilwoman Brooks.
City Council Minutes
January 17, 2012
Page 16 of 19
Councilwoman Brooks stated that she requested this item be removed from the
Consent Calendar because the item would best be addressed in the Council Goals
Workshop. She added that the item had no written report, and was not a routine or
typical Consent Calendar item.
Councilman Campbell stated that the paragraph in the recommendation was the report,
noting that the City Attorney indicated that this item could be placed on the Consent
Calendar.
Discussion ensued between Council Members.
Councilwoman Brooks moved, seconded by Mayor Pro Tem Campbell, to continue this
item to the January 31, 2012 Council meeting as part of the Council's Goal Setting
Workshop.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
ABSTAIN: None
Ascertain the Current Amount of the City's Unfunded Pension Liability
City Clerk Morreale reported that this item was removed from the Consent Calendar by
Councilwoman Brooks.
Councilwoman Brooks stated that she requested this item be removed from the
Consent Calendar because the item would best be addressed in the Council Goal
Setting Workshop. She added that the item had no written report, and was not a
standard Consent Calendar item, although it was legally appropriate to place it on that
section of the agenda.
Mayor Pro Tem Campbell stated that the purpose of this item was black and white and
many cities are moving towards obtaining the amount of the City's unfunded pension
liability.
Discussion ensued between Council Members and staff.
Mayor Misetich moved, seconded by Councilman Knight, to direct the Finance Advisory
Committee (FAC) to study the alternatives that are available for the City to accurately
ascertain the CaIPERS Unfunded Pension Liability owed by the City of Rancho Palos
Verdes, with Staffs assistance, as other California General Law cities have successfully
done, and report its finding(s) to the City Council within 90 days.
City Council Minutes
January 17, 2012
Page 17 of 19
The motion passed on the,following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
ABSTAIN: None
Conduct a Confidential Employee Workplace Satisfaction Survey of Current and
Former City Employees
City Clerk Morreale reported that this item was removed from the Consent Calendar by
Councilwoman Brooks.
Councilwoman Brooks stated that she requested this item be removed from the
Consent Calendar because the item needed a written report.
Councilman Campbell stated that at the time he placed this item on the Consent
Calendar, Mr. Wood had not been engaged to assist in the January 31, 2012 City
Council Goal Setting Meeting. He added that he would be willing to continue this item
to the January 31, 2012 Council meeting.
Councilwoman Campbell moved, seconded by Councilman Knight, to continue this item
to the January 31, 2012 Council meeting as part of the Council's Goal Setting
Workshop.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
ABSTAIN: None
CITY COUNCIL ORAL REPORTS:
Each of the Council Members present reported on his attendance at various
organization and association meetings since the last City Council Oral Reports were
provided on December 20, 2011.
CLOSED SESSION REPORT:
City Attorney Lynch reported that there was no time to discuss the item listed under the
Existing Litigation, so there was no discussion regarding the Monks case, Enstedt case,
VH Property case, Joannou case, or the Parsons case. She continued that there was
City Council Minutes
January 17, 2012
Page 18 of 19
not time to discuss the items listed under the Potential Initiation of Litigation by the City
to compel removal of two substandard structures located in the City. She reported that
the Council discussed the remaining three items. She reported that the Council gave
unanimous direction to staff, to obtain some additional information regarding the item of
Potential Litigation against the City where the facts are not yet known to the potential
plaintiff, but which facts and circumstances need not be disclosed. She reported that
with respect to the threat of litigation regarding the BKK Landfill matter, the Council
gave unanimous direction to authorize the City to enter into the Second Tolling
Agreement, with a 4-0 vote, since Mayor Pro Tem Campbell was delayed and not yet
present at that point of the meeting. She reported that with respect to the last item
which was the threat of litigation made against the City in a letter to the City Manager
from Attorney Dean Wallraff dated November 21, 2011, a copy of which is on file in the
City Clerk's office, the Council voted unanimously to decline to give permission to Mr.
Wallraff or his client to use a City program that had been produced by RPV TV with all
members of the Council present.
ADJOURNMENT:
At 11:01 P.M., Mayor Misetich adjourned the meeting to 6:00 P.M. on Tuesday, January
31, 2012 for an Adjourned Regular Meeting to interview applicants for the Planning
Commission.
M yor
Attest:
&41_11,
City Clerk
W:\City Council Minutes\2012\20120117 CC MINS.doc
City Council Minutes
January 17, 2012
Page 19 of 19