CC MINS 20110129 ADJ MINUTES
RANCHO PALOS VERDES CITY COUNCIL
ADJOURNED REGULAR MEETING
COMMUNITY LEADERS' BREAKFAST
JANUARY 29, 2011
The meeting was called to order at 8:45 A.M. by Mayor Long at Pt. Vicente Interpretive
Center 31501 Palos Verdes Drive West, notice having been given with affidavit thereto on
file.
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;
Carol Lynch, City Attorney; Shiri Klima, Assistant City Attorney; Dennis McLean, Director
of Finance/Information Technology; Ray Holland, Director of Public Works; Tom Odom,
Interim Director of Recreation and Parks/Deputy Director of Public Works; Kathryn Downs,
Deputy Director of Finance/Information Technology; Eric Mausser, Human Resources
Manager; and, Carla Morreale, City Clerk.
FLAG SALUTE:
The Flag Salute was led by Councilman Brian Campbell.
MAYOR'S WELCOME:
Mayor Long welcomed those present to the Community Leaders' Breakfast and explained
the order of business for the meeting.
APPROVAL OF THE AGENDA:
Councilman Stern moved, seconded by Mayor Misetich, to approve the agenda, as
presented.
Without objection, Mayor Long so ordered.
PUBLIC COMMENTS: (This section of the agenda is for audience comments for items NOT on the
agenda.)
None.
REGULAR NEW BUSINESS:
City Council Minutes
Community Leaders' Breakfast/
Adjourned Regular Meeting
January 29, 2011
Page 1 of 3
What Does It Mean to Become a Charter City?
Mayor Long introduced City Attorney Carol Lynch to make a presentation regarding the
topic of becoming a Charter City.
City Attorney Lynch, Richards, Watson and Gershon, introduced herself and her associate,
Attorney Shiri Klima. City Attorney Lynch provided an overview of the differences between
a General Law City and a Charter City. She explained that a Charter City's authority is
granted directly from the Constitution of the State of California and is not subject to the
laws of the Legislature with respect to municipal affairs, which is known as the home rule
provision.
City Attorney Lynch highlighted areas of municipal affairs over which a Charter City would
have more control than a General Law City including the following: 1) some procedural
aspects of elections; 2) arguments to enhance protection of revenue from local taxes, such
as transient occupancy tax; 3) financial benefits of design/build construction contracts,
prevailing wages issues, and exemption from the public contract code, which requires the
award of a contract to the lowest responsible bidder; and, 4) some procedural aspects for
ordinances, resolutions, and voting requirements for the Council on certain matters.
City Attorney Lynch noted additional provisions that the City Council added to the Charter
including the following: 1) a ban on gifts of public funds; 2) the General Plan will continue
to be paramount and zoning ordinances will continue to be consistent with the City's
General Plan; 3) retention of the current Council-Manager form of government;
4) continued transparency in staff compensation procedures; and, 5) Council salary and
reimbursement limitations.
Assistant City Attorney Klima, Richards, Watson and Gershon, highlighted areas of
Planning and Land Use and other areas of Statewide Concern over which a Charter City
would have no additional control. She noted the following disadvantages to becoming a
Charter City: 1) a transition period; 2) uncertainties in some areas which could result in
legal challenges; 3) Charter amendments require a vote of the public, which can be a
lengthy and more expensive process; 4) changing from a General Law City to a Charter
City could be divisive in communities; and, 5) municipal affairs can change over time.
Questions and Answers:
Mayor Long and City Attorney Lynch answered questions from the public regarding the
following topics: 1) election laws; 2) property transfer tax; 3) fines and restrictions;
4) adoption of ordinances; 5) public parkland, public assets, and City-owned land;
6) fiscal disadvantages or immediate monetary concerns or outlays for the election;
7) state bidding rules that apply to construction contracts, in particular capital improvement
projects; 8) prevailing wages; 9) timing of the election; 10) Constitutional right to vote;
City Council Minutes
Community Leaders' Breakfast/
Adjourned Regular Meeting
January 29, 2011
Page 2 of 3
11) information that is available on the City's website; 12) Sacramento's attempt to raid
City funds; and, 13) transfer of power from the State Legislature to the residents for local
control.
Public Comments:
Larry Clark, Rancho Palos Verdes, stated that the Charter issue before the City is one
rooted in the foundation of the City, which was formed to create local control and added
that to become a Charter City would enhance local control for the community. He reported
that this topic had come up in 2002-2003, but noted that there were other important
priorities that the Council had to deal with at the time, including the storm drain repair and
term limit initiatives.
Dwight Hanger, Rancho Palos Verdes, asked if becoming a Charter City was an option
when the City first incorporated.
Ken Dyda, Rancho Palos Verdes, reported that when the City was incorporated there were
many issues and priorities before the Council and noted that the deadline for a General
Plan was the highest priority at the time. He stated that over 250 residents were enlisted to
create a goals report which resulted in the creation of the General Plan. He reported that
an additional reason was that the in-lieu fees collected by the State based on the
population of the City were regularly distributed at that time, but that process has changed
over time. He added it was comfortable becoming a General Law City at that time and
provided adequate revenues with which to begin the City.
ADJOURNMENT:
At 9:52 A.M., Mayor Long adjourned the meeting.
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City Clerk
W:\City Council Minutes\2011\20110129 CC MINS ADJD COMM LDR.doc
City Council Minutes
Community Leaders' Breakfast/
Adjourned Regular Meeting
January 29, 2011
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