RPVCCA_CC_DM_2012_04_17_C_Draft_Mins_20120320DRAFT
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
MARCH 20,2012
The meeting was called to order at 7:03 P.M.by Mayor Misetich at Fred Hesse
Community Park,29301 Hawthorne ,Blvd.
City Council roll call was answered as follows:
PRESENT:Brooks,Duhovic,Knight and Mayor Misetich
ABSENT,:Campbell*
*Mayor Pro Tem Campbell arrived at 7:28 P.M.
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);Tom Odom,Director of Public
Works;Greg Pfost,Deputy Community Development Director;Kathryn Downs,Deputy
Director of Finance/IT;and,Carla Morreale,City Clerk.
FLAG SALUTE:
The Flag Salute was led by City Clerk Morreale.
MAYOR'S ANNOUNCEMENTS:
Mayor Misetich announced that the City is recruiting to fill a vacancy on Finance
Advisory Committee.
Councilman Knight announced that students from Mr.Heffernan's Government Class at
Palos Verdes High School were present in the audience,and reported that he recently
taught a class regarding the workings of local government.
RECYCLE DRAWING:
Mayor Misetich announced Recyclers of the Month from the March 6,2012 City Council
meeting:Doris Nagy and Andrew F.Bonacich.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.
APPROVAL OF AGENDA:
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Mayor Misetich suggested the reordering of the Agenda with Item No.2B (City Council
Policy No.41:Reserve Policy)to follow immediately after Item No.1(Appointment of
Chairs to Two of the City's Advisory Boards);and Item No.3 (Fiscal Year 2012-12
Budget Meeting No.1)to follow after Item 2B.
Mayor Misetich moved, seconded by Councilwoman Brooks,to approve the Agenda,as
amended.
Without objection,Mayor Misetich so ordered.
PUBLIC COMMENTS:(Audience Comments regarding Items Not on the Agenda)
Danielle Weinstock,Rancho Palos Verdes,stated that since the day she moved into her
home she has had to listen to her neighbor's barking dogs for hours each day.She
reported on the steps she has taken to remedy the problem and requested that the City
strengthen its ordinances to allow citing for this type of nuisance.
Councilwoman Brooks requested that an item be placed on an upcoming Agenda
regarding the Animal Control contract,as it is one of the Council's goals.
Gary Randall,Rancho Palos Verdes,stated that there has been an increase in dogs on
Rancho Palos Verdes Beach over the lasts two weekends and distributed photographs
that he had taken during that period of time.
CITY MANAGER REPORT:
None.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
In response to a question from Councilman Duhovic regarding Item E (Agreement
between the City of Rancho Palos Verdes and the State of California Franchise Tax
Board to Exchange Annual Tax Data),Director of FinancellT McLean responded that
the agreement enabled the sharing of the information for the benefit of the City
especially regarding the City's Business License Tax Ordinance.
Councilwoman Brooks moved,seconded by Councilman Duhovic,to approve the
Consent Calendar.
The motion passed on the following roll call vote:
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AYES:
NOES:
ABSENT:
ABSTAIN:
Brooks,Duhovic,Knight and Mayor Misetich
None
Campbell
None
EMERGENCY SEWER REPAIR PROJECT:
Abalone Cove Sewer Pump Station Repairs
Reviewed and reconfirmed by a four/fifths (4/5)vote,the City Council's previous action
taken on February 21,2012,authorizing staff to continue with the actions taken to
perform emergency repairs to the Abalone Cove Sewer Pump Station located within the
Abalone Cove Shoreline Park.
OTHER CONSENT CALENDAR ITEMS:
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 February 7,2012 Regular Meeting;February 21,2012
Adjourned Regular Meeting (Interviews);and March 6,2012 Regular Meeting.
Authorize an Amendment to the Agreement between the City of Rancho Palos
Verdes and Econolite Traffic Engineering and Maintenance,Inc.
Authorized the Mayor and City Clerk to execute the First Amendment to the Agreement
between the City of Rancho Palos Verdes and Econolite Traffic Engineering and
Maintenance,I,nc.allowing a name change to Aegis ITS,Inc.
Agreement between the City of Rancho Palos Verdes and the State of California
Franchise Tax Board to Exchange Annual Tax Data
ADOPTED RESOLUTION NO.2012-20,A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES,AUTHORIZING THE CITY OF RANCHO
PALOS VERDES (CITY)TO ENTER INTO A RECIPROCAL AGREEMENT WITH THE
STATE OF CALIFORNIA FRANCHISE TAX BOARD (FTB)TO ALLOW FOR THE
EXCHANGE OF TAX DATA TO:A)ASSIST THE FTB IN IDENTIFYING INDIVIDUALS
WHO ARE NOT FILING REQUIRED INDIVIDUAL AND BUSINESS ENTITY INCOME
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TAX RETURNS WITH THE STATE;AND,B)POTENTIALLY ASSIST THE CITY IN
IDENTIFYING BUSINESSES THAT HAVE NOT PAID BUSINESS LICENSE TAXES.
Adoption of Resolution Approving the City's Consent to Change in Control of
NextG Networks
ADOPTED RESOLUTION NO.2012-21,A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES,APPROVING THE CITY'S CONSENT TO
CHANGE IN CONTROL OF NEXTG NETWORKS.
Register of Demands
ADOPTED RESOLUTION NO.2012-22,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.
######
REGULAR NEW BUSINESS:
Appointment of Chairs to Two of the City's Advisory Boards
City Clerk Morreale reported that she distributed late correspondence prior to the
meeting regarding this item.She distributed ballots for the Council to vote on the
position of Chair of the Finance Advisory Committee.After the tally of the votes,she
reported that Willie Wang was selected to serve as Chair of the Finance Advisory
Committee.
City Clerk Morreale distributed ballots for the Council to vote on the position of Chair of
the Traffic Safety Commission.After the tally of the votes,she reported that Joe
Locascio was unanimously selected to serve as Chair of the Traffic Safety Commission.
Council Priorities/Budget Workshop
City Council Policy No.41:Reserve Policy
Deputy Director of Finance/lT Downs provided a brief staff report regarding this item.
Discussion ensued between Council Members and staff.
Mayor Pro Tem Campbell arrived at 7:28 P.M.during discussion of this item.
Mayor Misetich moved, seconded by Mayor Pro Tem Campbell,to direct the Finance
Advisory Committee to review and discuss the Reserve Policy at the level of 55%of
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General Fund operating expenditures compared to the current level of 50%of General
Fund operating expenditures,and provide feedback regarding the Reserve Policy to the
City Council.
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Brooks,Campbell,Duhovic,Knight and Mayor Misetich
None
None
None
Rules of Procedure and Council and Commission/Committee Protocol
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there were 10 requests to speak regarding this item.
Mayor Misetich provided an overview of the Council Rules and Protocols Ad Hoc
Subcommittee Report.
City Manager Lehr provided a brief apology regarding the premature release of
materials regarding this item for the March 14,2012 Council Team Building Workshop.
She noted the early documents were a compilation of materials from other agencies and
meant only as a starting place for the work of the Subcommittee.
Councilwoman Brooks provided a detailed staff report regarding the work of the Council
Rules and Protocols Ad Hoc Subcommittee in research of the topics.
Discussion ensued among Council Members.
Mark Wells,Rancho Palos Verdes,stated that there were some good ideas suggested
in the staff report,noting that he liked the idea of the Mayor in concert with the City
Manager setting the agenda.He urged the Council to eliminate Section 11.3
(Miscellaneou~Rules-Silence)which is the rule that during a collective vote of ayes and
nays,silence of any member denotes an affirmative vote.He questioned the reason for
such a rule which allows a board member to not be completely honest or open.
Ken Dyda,Rancho Palos Verdes,stated that he provided a handout regarding a
number of issues.He suggested the rule regarding silence in Section 11.3
(Miscellaneous Rules-Silence)be reviewed carefully to structure it so that the goal of
finality is achieved.He expressed concern with Section 5 (Order and Preparation of
Agenda),noting that,in the past,the Mayor had the responsibility of setting the agenda
and added that the Mayor should be sensitive to the other Council Members regarding
items they wish placed on the agenda.He noted concern with potentially freezing out
the minority and suggested accommodating Council Members'desire for items to be
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placed on agendas when possible.He concluded that the duties contained in Section 9
(Boards,Commissions and Committees)were confusing regarding the responsibilities
of respective committees and commissions.
George Zugsmith,Rancho Palos Verdes,stated that one issue of concern is the
consideration by the Council to reverse a rule that Tom long put in place some time
ago to not allow people to donate their time to another speaker.Mr.Zugsmith opined
that the rule was inefficient and did not utilize time in the best manner possible.He
suggested that the delegation of time from one speaker to another would allow for more
efficiency and less duplication,with the topic being covered more completely and
effectively.
lois Karp,Rancho Palos Verdes,stated that she had read the original set of Rules of
Procedure and reminded the Council that the residents elected a Council to run the City
and delegate to staff the work to be done.She opined that it would be more efficient to
allow members of the public to give their time to another speaker;that Section 8.4
(Procedures Regarding Public Hearings-Council Deliberations)regarding the topic of
Council Deliberations should be strengthened for clarity;and that officials of the City
should always identify themselves when they are speaking at hearings of other
agencies.
Jeanne lacombe,Rancho Palos Verdes,stated that it was important for people to
identify themselves when they are speaking before a body to state if they are speaking
on behalf of a group or as an individual;and that she was in favor of allowing time of
one speaker to be allotted to another speaker to allow for more thorough presentations.
Jarel Wheaton,Rancho Palos Verdes,suggested that the Council consider
memorializing the City's practice of the televising of Council meetings in the Rules of
Procedure.He commented that there was another way of hijacking the agenda,which
is becoming active on controversial items and fanning the flames resulting in the loading
of the Council Chambers,which results in the Council not being able to get to some of
the future agenda items.
Ken Delong,Rancho Palos Verdes,stated that the current Rules and Procedures were
approved in December 2011 and inquired why there was a rush to revise the Rules
once again.He commented on particular aspects of Section 5 (Order and Preparation
of Agenda),noting that the Mayor should approve the items to be placed on the agenda.
He stated that this item should be continued for further consideration and to allow for
more input from the residents.
Carol Mueller,Rancho Palos Verdes,stated that she has heard rumors in the City that
the City Council is not working well as a team.
Tom Redfield,Rancho Palos Verdes,stated that the Council should step back and not
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rush items forward on the Council agendas.He recounted the events regarding the
premature release of a draft of the Rules of Procedure,noting that civic leaders and
activists promptly came together to review the document.He opined that the revised
draft still needs additional work.
Discussion ensued among Council Members,City Attorney and staff.
Mayor Misetich moved, seconded by Councilman Knight,to continue the Proposed
Rules of Procedure and Council and,Commission/Committee Protocol to the May 15,
2012 Council Meeting with the exception of Section 5 (Order and Preparation of
Agenda),which will be incorporated into the Rules of Procedure immediately,with
further revisions to be considered as determined necessary by the Council.
Additional discussion ensued between Council Members and staff.
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Brooks,Knight and Mayor Misetich
Campbell and Duhovic
None
None
RECESS AND RECONVENE:
Mayor Misetich called a brief recess from 9:02 P.M.to 9:13 P.M.
City Council Goals &Priorities
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there was one request to speak regarding this item.
Deputy City Manager Petru provided a brief staff report regarding this item.
Discussion ensued between Council Members and staff.
Sgt.Dave Rozas,Lomita Station,Los Angeles County Sheriff's Office,stated that
regarding the Council's questions about crime prevention,the Sheriff's Department is
willing to continue working with students,Neighborhood Watch,and the community
through Homeowners'Associations.He added that he would like to increase the cadre
of Volunteers on Patrol who work in conjunction with the patrol of the Sheriff's
Department and would like to resume the Sheriff Bike Patrol in commercial areas,
including Western Avenue.
Further discussion ensued between Council Members and staff.
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Tom Redfield,Rancho Palos Verdes,stated that he was not able to attend the Council
Team Building Workshops,and expressed concern with the public safety and traffic
enforcement,noting he was pleased to see them included in the Council Goals and
Priorities.
Councilman Knight requested that the item Sheriff's Department Community Outreach -
Consider deputy's attendance at Homeowners Association meetings.
Mayor Misetich moved,seconded by Councilman Knight,to adopt the 10 City Council
Goals and Priorities,with the subparts,as provided in the late correspondence
distributed prior to the meeting.
The moti~:>n passed on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Brooks,Campbell,Duhovic,Knight and Mayor Misetich
None
None
None
Fiscal Year 2012·13 Budget Meeting No.1
Deputy Director of Finance/IT Downs provided a brief staff report regarding this item.
She stated that staff was seeking Council's direction on specific programs or
expenditures that Council would like included in the Hybrid Zero Based Budgeting
process.
Discussion ensued among Council Members and staff.Council Members suggested
items to be analyzed in the budgeting process.
Staff requested a short break to allow for the formulation of a motion that encompassed
the comments and suggestions from the Council Members regarding the budget
process.
RECESS AND RECONVENE:
Mayor Misetich called a brief recess from 10:29 P.M.to 10:37 P.M.
Mayor Misetich moved,seconded by Councilwoman Brooks,to:Prepare a menu of
budget items to analyze as part of the Hybrid Zero-Based Budgeting process to include
the following:1)Expenditures that have increased more than 5%and at least $25,000
from prior year activity;2)Discretionary items,including service levels that are of a
discretionary nature;3)Proposals to support the City Council's 2012 goals;and,
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4)Other changes identified by Staff that may include new mandates or expenditures
that are no longer necessary.
Councilman Duhovic moved,seconded by Mayor Pro Tem Campbell,to amend the
motion to identify the threshold of expenditures that are $250,000 or more.
The maker and seconder of the motion accepted the amendment.
The motion,as amended,passed on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Brooks,Campbell,Duhovic,Knight and Mayor Misetich
None
None
None
Rules of Procedure and Council and Commission/Committee Protocol
(continued)
City Attorney Lynch reported that Mr.Dyda raised an issue regarding the Council's vote
on the Rules of Procedure.She stated that she understood when Councilwoman
Brooks asked for the question to be called that there was a motion and a second and no
objection;and the resulting vote was taken on the item regarding the Rules of
Procedure and Council and Commission/Committee Protocol.She added that for
purposes of clarity the vote on that item (Rules of Procedure and Council and
Commission/Committee Protocol)should be taken once again to avoid confusion.
Deputy City Manager Petru restated the motion as the following:Mayor Misetich moved,
seconded by Councilman Knight,to continue the Proposed Rules of Procedure and
Council and Commission/Committee Protocol to the May 15,2012 Council Meeting with
the exception of Section 5 (Order and Preparation of Agenda),which will be
incorporated into the Rules of Procedure immediately,with further revisions to be
considered as determined necessary by the Council.
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Brooks,Knight and Mayor Misetich
Campbell and Duhovic
None
None
CITY COUNCIL ORAL REPORTS:
Each of the Council Members reported on his/her attendance at various organization
and association meetings since the last City Council Oral Reports were provided on
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March 6,2012.Mayor Pro Tem Campbell stated that he would submit his Council
Report in writing.
ADJOURNMENT:
At 10:54 P.M.,Mayor Misetich adjourned the meeting to 6:00 P.M.on Wednesday,
March 21,2012 for an Adjourned Regular Meeting to be held at Fred Hesse Park.
Mayor
Attest:
City Clerk
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