RPVCCA_CC_DM_2012_06_19_B_Draft_Mins_20120529Draft City Council Minutes
May 29, 2012
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DRAFT
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
ADJOURNED REGULAR MEETING
MAY 29, 2012
The meeting was called to order at 6:00 P.M. by Mayor Misetich at Fred Hesse
Community Park, 29301 Hawthorne Boulevard, and was immediately recessed into
Closed Session, notice having been given with affidavit thereto on file. The meeting
reconvened at 7:02 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; Dennis
McLean, Director of Finance/Information Technology; Greg Pfost, Deputy Community
Development Director; Ron Dragoo, Senior Engineer; and, Carla Morreale, City Clerk.
FLAG SALUTE:
The Flag Salute was led by Tom Redfield.
APPROVAL OF THE AGENDA:
Councilwoman Brooks moved, seconded by Councilman Duhovic, to approve the
agenda, as presented.
Without objection, Mayor Misetich so ordered.
PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda)
David Emenhiser, Sea Bluff Homeowners Association, Rancho Palos Verdes, stated
that this year’s Palos Verdes Half-Marathon did not present the troublesome traffic
delays that occurred last year and he thanked the staff and Sheriff’s Department for a
smoothly managed event.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
Councilwoman Brooks moved, seconded by Councilman Duhovic, to approve the
Consent Calendar.
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The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
EMERGENCY SEWER REPAIR PROJECT:
Notice of Completion - Abalone Cove Sewer Pump Station Repairs
1) Accepted the work as complete; and, 2) Authorized the City Clerk to file a Notice of
Completion with the Los Angeles County Registrar-Recorder’s Office.
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 May 1, 2012 Regular Meeting.
Adoption of Ordinance No. 536 – Providing a Film Permit Exemption for Group
Commercial Photography and Videography on City Property (Supports 2012 City
Council Goal “Support of Local Businesses”)
ADOPTED ORDINANCE NO. 536, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, PROVIDING A FILM PERMIT EXEMPTION FOR GROUP
COMMERCIAL PHOTOGRAPHY AND VIDEOGRAPHY ON CITY PROPERTY, AND
AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE.
# # # # # #
PUBLIC HEARING:
Revision “QQ” to the Trump National Golf Course Project – Proposed Revisions
to Driving Range - Location: One Ocean Trails Drive [Continued from May 1, 2012]
City Clerk Morreale reported that this public hearing was continued from May 1, 2012,
late correspondence was distributed prior to the meeting, and there were eight
requests to speak regarding this item.
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Councilman Duhovic stated that pursuant to the advice of the City Attorney and Fair
Political Practices Commission, he would be recusing himself from discussion of this
item. He left the dais at 7:07 P.M.
Deputy Community Development Director Pfost provided a staff report and PowerPoint
presentation regarding this item.
Discussion ensued between Council Members and staff.
Jill Martin, Legal Counsel, VH Property Corporation, stated that the Trump
organization was not asking for anything new regarding the landscaping along the
driving range or addition of a fence, but instead was requesting the removal of a
retaining wall. She noted that in doing so, the City has recommended the addition of
plants or a fence along that area. She reiterated that there was sufficient noticing to
the community regarding this item since it was originally noticed for the May 1, 2012
Council meeting, and reminded that on March 26, 2012 additional information was
made available to the public. She added that the Trump Organization understood that
occasionally golf balls may trickle off of the driving range or get caught in the habitat,
and that the Trump National Golf Course staff is being trained to monitor golfers at the
driving range so that the golfers are hitting balls from the proper locations on the
range, and noted that the fence or hedge should help address the issue.
Jim Sarner, Rancho Palos Verdes, stated that he uses the Trump National Golf
Course and noted he was in favor of any enhancement of the golf course to improve
the golfers’ ability and increase the revenue for the City.
Mickey Rodich, Ladera Linda Homeowners Association (HOA), Rancho Palos Verdes,
stated that their HOA Board visited the area in question and was in agreement with the
staff’s recommendation.
Brian Mosich, Rancho Palos Verdes, stated that he was representing John Colich who
was presently out of town, noting that the Colich family expressed that they have never
had any problems with the Trump National Golf Course. He reported that Mr. Colich is
concerned with the installation of a retaining wall and was in favor of accomplishing
the goals for both Trump National Golf Course and the City by using natural
landscaping instead of a fence or wall to allow for the continuity of the natural tranquil
setting that exists at the location.
Sharon Yarber, Rancho Palos Verdes, stated that the original wall that was proposed
for this location was a retaining wall, which has the purpose of retaining. She
questioned the safety issues regarding the removal of a retaining wall.
Lenee Bilski, Rancho Palos Verdes, stated that she wished the staff report had been
available for the public earlier. She opined the following points: the mitigation measure
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should not be removed for reasons of safety; staff at Trump National Golf Course
should monitor golfers and there should be A, B, and C zones on the tees; the
retaining wall should not be removed since it must have been intended to retain soil;
she was not in favor of hedges, which tend to grow wide, and there is not much space
for pedestrians and bicyclists; and the natural habitat should be planted at the present
time.
Einar Larson, Rancho Palos Verdes, stated that he is in favor of the proposed
revisions to the Trump National Golf Course.
Jessica Leeds, Rancho Palos Verdes, stated that she had concerns regarding
pedestrians who might be injured by errant golf balls and whose liability it should be if
someone would be hit by a golf ball, adding that there are many golf balls on the trails,
in the habitat, and on the open space lot between the Portuguese Bend Club and the
driving range. She noted concerns regarding the size of a retaining wall versus a thick
hedge and the maintenance of that hedge.
Jill Martin, Legal Counsel, VH Property Corporation, in rebuttal stated that the retaining
wall was never intended to be a stabilizing measure of the driving range. She clarified
that the Trump organization has agreed to provide either trees or a fence as
recommended. She added that it was the intention of and in the interest of the Trump
Organization to maintain the trees and hedges along the driving range and near the
trails.
Councilman Knight suggested that the language in Section H-2 be revised per Staff’s
recommendation as included in the late correspondence material. The revised
language states the following: “An on-site Golf Staff Member will monitor all tee areas of
the driving range during all operating hours of the driving range to ensure that shots do
not go beyond the westerly tee areas or over the proposed westerly hedge.”
Councilman Knight moved, seconded by Councilwoman Brooks, to approve the staff
recommendation to: ADOPT RESOLUTION NO. 2012-37, AS AMENDED, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
CERTIFYING A SUBSEQUENT MITIGATED NEGATIVE DECLARATION AND
APPROVING REVISION “QQ” FOR A REVISION TO THE DRIVING RANGE
LOCATED AT THE TRUMP NATIONAL GOLF COURSE.
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)
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Councilman Duhovic returned to the dais at 7:47 P.M.
REGULAR NEW BUSINESS:
Modify Agreement with Los Angeles County Metro Transportation Authority for
the Palos Verdes Drive South Compatible Bike Lanes Safety Project, No. LAF
1506
Senior Engineer Dragoo provided a brief staff report and PowerPoint presentation
regarding this item.
Discussion ensued between Council Members and staff.
Mayor Pro Tem Campbell moved, seconded by Councilman Duhovic, to adopt the staff
recommendation to direct staff to modify the agreement with Los Angeles County Metro
Transportation Authority for the Palos Verdes Drive South Compatible Bike Lane Safety
Project, No. LAF 1506.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
RECESS AND RECONVENE:
Mayor Misetich called a brief recess from 7:57 P.M. to 8:07 P.M.
City Council Rules of Procedure and City Council and Commission/Committee
Protocol
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there were five requests to speak regarding this item.
Councilwoman Brooks moved, seconded by Councilman Knight, to establish a time limit
of Council discussion allowing four three-minute segments for each Council Member to
address items, which will bring the total discussion time to one hour.
Discussion ensued between Council Members regarding the most efficient process to
use regarding this item.
Mayor Pro Tem Campbell moved a substitute motion, seconded by Councilwoman
Brooks, to handle the process in a more free form manner, and defer to the Mayor to
move things along, if needed for efficiency.
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The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
Councilwoman Brooks explained that included in late correspondence was the original
version that was distributed as part of the packet; a second version with mostly blue-
lined tracked changes which represent a compilation of changes that she and Sharon
Yarber discussed over the weekend and has been accepted by the Subcommittee; and,
a third version with commentary from a group of people Ms. Yarber worked with, which
the City Attorney reviewed and indicated that there were conflicts with the Municipal
Code or Brown Act issues. She reiterated that the Subcommittee was recommending
the approval of the second version in the late correspondence packet.
City Manager Lehr provided an introduction and overview of the process of outreach
and review of the City Council Rules of Procedure and City Council and Commission/
Committee Protocol items since February 2012.
Mayor Misetich and Councilwoman Brooks highlighted the importance of input from
Commission/Committee Members and the members of the public in an effort to increase
transparency as the Council addresses the business of the people.
Ken Dyda, Rancho Palos Verdes, stated that the initial impression when the Rules and
Protocol items were first listed on an agenda was that it was a reaction to a perceived
problem, but that the process has afforded an opportunity for the public to provide input.
He opined that under Rule 11.3, a silence or abstention should count as just that, and
should not count as a yes or no vote; and recommended removal of that Rule. He
added that since agenda staff reports were prepared electronically, he saw no reason
why the information could not be placed on the website at the same time the Council
receives the materials.
Paul Tetreault, Rancho Palos Verdes, stated that the original documents generated a
great deal of controversy, but have resulted in much improved documents as a result of
the input provided by the community. He noted that overall he was pleased with the
results and the good suggestions brought forward and was in favor of adopting staff’s
recommendation as presented by the Subcommittee.
Bob Nelson, Rancho Palos Verdes, stated that he had a question regarding Rule 3.6
which states “No action shall be taken during any Study Session unless the agenda so
provides.” He inquired if the Study Session would require an agenda and if so, who
would set that agenda.
Mayor Misetich explained that an agenda was necessary for Study Sessions since they
are noticed public meetings.
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City Attorney Lynch confirmed that there would be an agenda for Study Sessions as a
requirement of the Brown Act. She noted that Council could set the agenda for a
meeting with specific items to be discussed by the Council and other items as proposed
by the Council. City Attorney Lynch explained that the Brown Act requires a general
description of items to be discussed on the agenda so that members of the public who
are interested in the topic can listen and participate in the meeting.
Tom Redfield, Rancho Palos Verdes, stated that when this process began there was
concern regarding trust, which resulted in a general consensus among the different
factions of the public that they wanted clarity regarding the setting of the Council
agenda and protecting the opportunity of the Council minority to place items on the
agenda.
Joe Locascio, Rancho Palos Verdes, stated that he has a concern with Section 5 where
it states “The Mayor is authorized to approve changes to the agenda that are
recommended by the City Manager.” He stated that the approval authority and the
placing of items on the agenda should remain with the Council and the Mayor.
Sharon Yarber, Rancho Palos Verdes, stated that the revisions that have been made
have helped to restore the trust of the community in the Council. She stated that she
was in favor of very broad topics for the Study Session agendas and opined it would be
important to videotape the Study Sessions so that there is an accurate record of the
meeting to review. She added that the sentence in Section 5 referencing the authority
of the Mayor to approve changes to the agenda that are recommended by the City
Manager undercuts the Rules and creates the opportunity for abuse. She suggested
that the sentence should be modified to state that the Mayor with the concurrence of at
least one additional Council Member should approve the change. She opined that a
staff report should not always be required; that residents should be able to bring an item
to the Council to be agendized; and, that the agenda packet should be available earlier
to the public.
Discussion ensued among Council Members, staff and the City Attorney.
Bill Gerstner, Rancho Palos Verdes, stated that he is pleased with the progress that has
been made in the efforts to modify the Rules and Protocol documents so that they will
do what they were intended to do in the first place. He opined that Council Members
should either vote yes or no on an item, but that there should not be a vote of silence;
Study Sessions should be videotaped and the tape posted to the website promptly; and
he suggested the elimination of the sentence in Section 5 regarding the Mayor’s
authority to approve changes to the agenda that are recommended by the City Manager
to avoid any potential for abuse.
Janet Barnhill, Rancho Palos Verdes, complimented the Subcommittee for the time they
spent on creating a Protocol which will help to guide the Council and Commission/
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Committee Members.
Barbara Kennard, Rancho Palos Verdes, commended the Council on presenting a
workable plan for all Council Members. She opined that Council Members should
always thoughtfully consider a decision and cast either a “yes” or “no” vote.
RECESS AND RECONVENE:
Mayor Misetich called a brief recess from 9:20 P.M. to 9:33 P.M.
Councilwoman Brooks provided a brief overview of the modifications in the versions of
the Protocol for Elected Officials and Appointed Board, Commission and Committee
Members (Protocol) that were part of the staff report compared with those submitted by
Ms. Yarber and accepted by the Subcommittee. She noted that one section regarding
the appropriate use of City letterhead was inadvertently omitted, but should be included
in the document.
Mayor Misetich moved, seconded by Councilwoman Brooks, to accept the second
revision of the Rules of Procedure as put forth by the Subcommittee and adopt the
Protocol document as put forth by Ms. Yarber and the Subcommittee, with the Council
to consider suggestions on items to be amended as the Council discusses them.
Council discussion ensued regarding the process to use to review the changes in the
Rules of Procedure and Protocol.
Councilman Duhovic suggested that the Council move rapidly through the Rules of
Procedure paragraph by paragraph, except for Paragraph 3.6, Paragraph 5, and the
Protocol, which can be considered at more length at the end.
Mayor Misetich withdrew his motion and the Council decided to move through each
document section by section in an expeditious manner.
City Council Rules of Procedure
Council discussed and made the following motions regarding the specific sections of the
Rules of Procedure as indicated below:
Councilman Duhovic moved, seconded by Councilwoman Brooks, to approve
Paragraph 1 (Authority).
Without objection, Mayor Misetich so ordered.
Councilman Duhovic moved, seconded by Councilwoman Brooks, to approve
Paragraph 2.1 (General Rules – Quorum).
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Without objection, Mayor Misetich so ordered.
Councilman Duhovic moved, seconded by Councilwoman Brooks, to approve
Paragraph 2.2 (Vacancy by Unexcused Absence).
Without objection, Mayor Misetich so ordered.
Discussion ensued between Council and staff regarding Paragraph 2.3 (Minutes of
Proceedings).
Councilwoman Brooks moved, seconded by Mayor Pro Tem Campbell, to approve
Paragraph 2.3 (Minutes of Proceedings).
Without objection, Mayor Misetich so ordered.
Councilwoman Brooks moved, seconded by Councilman Duhovic, to approve
Paragraph 2.4 (Right of Floor).
Without objection, Mayor Misetich so ordered.
Discussion ensued between Council and staff regarding Paragraph 2.5 (Rules of
Order).
Councilwoman Brooks moved, seconded by Councilman Duhovic, to approve
Paragraph 2.5 (Rules of Order).
Without objection, Mayor Misetich so ordered.
Councilwoman Brooks moved, seconded by Councilman Duhovic, to approve
Paragraph 2.6 (City Manager).
Without objection, Mayor Misetich so ordered.
Councilwoman Brooks moved, seconded by Councilman Duhovic, to approve
Paragraph 2.7 (City Attorney).
Without objection, Mayor Misetich so ordered.
Councilwoman Brooks moved, seconded by Councilman Duhovic, to approve
Paragraph 2.8 (City Clerk).
Councilman Duhovic moved a substitute motion, seconded by Councilwoman Brooks, to
approve Paragraph 2.8 (City Clerk) to Paragraph 3.2.2 (Types of Meetings – Regular
Meetings).
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City Attorney Lynch reported that there was an additional change in the first paragraph
under 3.2 (Types of Meetings – Regular Meetings), to modify the start time of the
meeting from seven p.m. to six p.m. to match the Municipal Code.
Councilwoman Brooks noted the addition of a phrase at the end of 3.2.2 which states
“… and promptly also post such continuation on the City’s website.”
Discussion ensued between Council and staff regarding 3.2 (Regular Meetings –
Municipal Code Section 2.04.020).
Councilman Duhovic modified his substitute motion, seconded by Councilwoman
Brooks, to approve Paragraph 2.8 (City Clerk) to Paragraph 3.5 (Closed Session
Meetings – Municipal Code Section 2.04.050), with the changes as noted.
Without objection, Mayor Misetich so ordered.
Councilman Duhovic stated that per his earlier recommendation, he suggested setting
aside Paragraph 3.6 (Study Sessions).
Discussion ensued between Council and staff regarding Paragraph 3.7 (Media
Attendance) and the Council decided to eliminate the phrase “and study sessions” from
Paragraph 3.7 (Media Attendance).
Councilman Duhovic moved, seconded by Councilwoman Brooks, to approve
Paragraph 3.7 (Media Attendance), as amended.
Without objection, Mayor Misetich so ordered.
Councilwoman Brooks moved, seconded by Councilman Duhovic, to approve
Paragraph 3.8 (Recess) and Paragraph 3.9 (Redevelopment Successor Agency and
Improvement Authority Business).
Without objection, Mayor Misetich so ordered.
Discussion ensued between Council and staff regarding Paragraph 3.10 (Civic and
Other Events) and regulations under the Brown Act.
Councilwoman Brooks moved, seconded by Councilman Knight, to approve Paragraph
3.10 (Civic and Other Events).
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
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Discussion ensued between Council Members and staff regarding Paragraph 4 (Duties
of the Mayor).
Councilwoman Brooks moved, seconded by Mayor Misetich, to approve Paragraph 4.3
(Presiding Officer).
The motion passed on the following roll call vote:
AYES: Brooks, Duhovic, Knight, and Mayor Misetich
NOES: Campbell
ABSENT: None
Councilwoman Brooks moved, seconded by Councilman Duhovic, to approve
Paragraph 4.4 (Call to Order) to 4.6 (Point of Order).
Without objection, Mayor Misetich so ordered.
Mayor Misetich noted that Paragraph 5 (Order and Preparation of Agenda) would be
considered separately.
Discussion ensued between Council and staff regarding Paragraph 5.1 (Order of
Business) and it was determined to retain the order of business items on the agenda as
presented.
Councilwoman Brooks moved, seconded by Councilman Duhovic, to approve
Paragraph 5.1 (Order of Business).
Without objection, Mayor Misetich so ordered.
Councilwoman Brooks moved, seconded by Mayor Misetich, to approve Paragraph 5.2
(Agenda Distribution).
Without objection, Mayor Misetich so ordered.
Councilwoman Brooks moved, seconded by Councilman Duhovic, to approve
Paragraph 5.3 (Agenda Posting).
Without objection, Mayor Misetich so ordered.
Councilwoman Brooks moved, seconded by Councilman Duhovic, to approve
Paragraph 5.4 (Minutes) to Paragraph 5.9 (Actions Limited to Posted Agenda).
Without objection, Mayor Misetich so ordered.
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Councilwoman Brooks moved, seconded by Councilman Knight, to approve Paragraph
6.1 (Addressing the Council).
Without objection, Mayor Misetich so ordered.
Councilwoman Brooks moved, seconded by Mayor Misetich, to approve Paragraph 6.2
(Conduct of Members of the Public).
Without objection, Mayor Misetich so ordered.
Councilwoman Brooks moved, seconded by Councilman Duhovic, to approve
Paragraph 6.3 (Enforcement of Decorum).
Without objection, Mayor Misetich so ordered.
Councilman Duhovic moved, seconded by Councilwoman Brooks, to approve
Paragraph 6.4 (Reading of Protests) through Paragraph 8.2 (Staff and Written Material
Presentation).
Without objection, Mayor Misetich so ordered.
Councilwoman Brooks moved, seconded by Mayor Pro Tem Campbell, to approve
Paragraph 8.3 (Public Testimony) through Paragraph 8.5 (Council Action).
Without objection, Mayor Misetich so ordered.
Discussion ensued between Council Members and staff regarding Paragraph 9.2.2
(Appointments).
Councilman Duhovic suggested the modification of the last sentence of Paragraph 9.2.2
(Appointments) to read “At any time, on a case by case basis, the City Council may
reconsider any appointment or a Committee or Commission Member may be removed
for cause at a public meeting by the majority vote of the City Council.”
Councilman Duhovic moved, seconded by Mayor Misetich, to approve Paragraph 9.1
(Mayor/City Council Committee) through Paragraph 9.2.2 (Appointments), as amended.
Without objection, Mayor Misetich so ordered.
Council discussion ensued regarding Paragraph 9.2.3 (Duties).
Councilman Duhovic moved, seconded by Mayor Misetich, to approve Paragraph 9.2.3
(Duties) and Paragraph 9.2.4 (Discussion).
Without objection, Mayor Misetich so ordered.
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Councilwoman Brooks moved, seconded by Councilman Duhovic, to approve
Paragraph 9.3 (City Council Subcommittees).
Without objection, Mayor Misetich so ordered.
Councilwoman Brooks moved, seconded by Councilman Duhovic, to approve
Paragraph 10 (Suspension and Amendment of These Rules) through Paragraph 11.2
(Roll Call Votes).
Discussion ensued between Council Members and staff regarding the vote requirement
under Paragraph 10.1 (Suspension) and the Council decided to amend the last portion
of the sentence to read “… may be temporarily suspended by a two-thirds vote.”
Councilman Duhovic moved a substitute motion, seconded by Mayor Pro Tem
Campbell, to approve Paragraph 9.3 (City Council Subcommittees) through Paragraph
11.2 (Roll Call Votes), as amended.
Without objection, Mayor Misetich so ordered.
Discussion ensued between Council Members and staff regarding Paragraph 11.3
(Silence) and the Council decided to omit the first portion of the sentence so that the
resulting entire sentence reads, “During a collective vote (Ayes and Nays), silence of
any Council member(s) denotes an affirmative vote.”
Councilwoman Brooks noted that it was past 10:15 p.m. and moved, seconded by
Councilman Knight, to continue the meeting until the conclusion of this item.
Without objection, Mayor Misetich so ordered.
Councilman Duhovic moved, seconded by Councilwoman Brooks, to approve
Paragraph 11.3 (Silence), as amended, through 12.3.3 (Motion to Table).
Without objection, Mayor Misetich so ordered.
Discussion ensued between Council and staff regarding Paragraph 12.3.4 (Motion to
Call the Question) and Paragraph 12.3.5 (Motion to Rescind).
Councilwoman Brooks moved, seconded by Councilman Duhovic, to approve
Paragraph 12.3.4 (Motion to Call the Question) and Paragraph 12.3.5 (Motion to
Rescind).
Without objection, Mayor Misetich so ordered.
RECESS AND RECONVENE:
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Mayor Misetich called a brief recess from 11:06 P.M. to 11:15 P.M.
Discussion ensued between Council Members and staff regarding Paragraph 3.6 (Study
Sessions) regarding the possible video recording or televising of Study Sessions and
the manner in which items will be agendized. The Council decided to modify the
language at the end of sentence three to read “Study Sessions are open to the public,
are considered ‘meetings’ for the purposes of the Brown Act and will be video recorded
and posted on the City’s website.”
Councilman Duhovic moved, seconded by Councilwoman Brooks, to approve
Paragraph 3.6 (Study Sessions), as amended.
Without objection, Mayor Misetich so ordered.
Discussion ensued between Council Members and staff regarding the three introduction
paragraphs under Paragraph 5 (Order and Preparation of Agenda).
Ken Dyda, Rancho Palos Verdes, stated that if there was a situation where an item
needs to be removed from the agenda after the production of the agenda, the City
Manager can identify the item and the Council can decide at the meeting if that item
should be continued.
Council decided to eliminate the last sentence from the second paragraph under
Paragraph 5 (Order and Preparation of Agenda), which stated the following: “The Mayor
is authorized to approve changes to the agenda that are recommended by the City
Manager.”
Discussion continued between Council Members and staff.
Based on Council comments, City Attorney Lynch suggested the following clarification
language be added to the second paragraph under Paragraph 5 (Order and Preparation
of Agenda): “… time constraints, deadline or other …“ so that the entire sentence would
read “The City Manager shall advise Council members of the status of tentative
agendas for upcoming meetings on a weekly basis, including the need, if any, to move
an item to another agenda or to add a new agenda item due to time constraints,
deadlines or other circumstances that were not anticipated at the time of the last
directive from the City Council.” In addition, the first sentence of paragraph three was
modified to read, “All agenda items shall be accompanied by a staff report, including
any recommendations from Committees and Commissions on a particular item.”
Councilwoman Brooks moved, seconded by Councilman Duhovic, to approve
Paragraph 5 (Order and Preparation of Agenda), as amended.
Without objection, Mayor Misetich so ordered.
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Councilwoman Brooks suggested that the Council might want to reconsider the change
made earlier in the evening to the last sentence of Paragraph 9.2.2 (Appointments), due
to a possible issue regarding HIPPA laws. She recommended that the Council adopt
the sentence as originally drafted by the Subcommittee.
Discussion ensued between Council Members and staff and Council decided to modify
the last sentence under Paragraph 9.2.2 (Appointments) to read “At any time, on a case
by case basis, the City Council may reconsider any appointment at a public meeting.”
Councilwoman Brooks moved, seconded by Councilman Duhovic, to approve 9.2.2
(Appointments), as amended.
Without objection, Mayor Misetich so ordered.
Protocol for Elected Officials and Appointed Boards, Commission and Committee
Members
Councilwoman Brooks reported that she had suggested an addition to the Protocol
regarding the appropriate use of City letterhead by Council Members earlier in the
meeting.
Discussion ensued between Council Members regarding this issue and the minor
changes suggested by Ms. Yarber and others regarding the Protocol document.
Council Members noted that these changes included grammatical changes and minor
modifications to the document for clarity.
Discussion ensued between Council Members and staff regarding the appropriate
language regarding the use of City letterhead and Council decided to add the following
sentence to the end of Protocol No. 14 “Other than personal thank you notes, City
letterhead shall not be used without prior City Council approval.”
Discussion ensued between Council Members and staff regarding Protocol No. 13 and
Council decided to modify the language to read “Respect intergovernmental
relationships between this City and other neighboring cities, the County of Los Angeles,
the State of California, and the federal government.”
Councilwoman Brooks moved, seconded by Councilman Knight, to approve the
Protocol for Elected Officials and Appointed Boards, Commission and Committee
Members, as amended.
Without objection, Mayor Misetich so ordered.
Mayor Misetich moved, seconded by Councilwoman Brooks, to disband the Ad Hoc
Subcommittee on Rules of Procedure and Protocol.
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Without objection, Mayor Misetich so ordered.
Mayor Misetich moved, seconded by Councilwoman Brooks, to: ADOPT RESOLUTION
NO. 2012-38 AND THE ATTACHED EXHIBIT, AS AMENDED, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING
REVISIONS TO THE CITY COUNCIL RULES OF PROCEDURE.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
Mayor Misetich moved, seconded by Councilman Knight, to: ADOPT RESOLUTION
NO. 2012-39 AND THE ATTACHED EXHIBIT, AS AMENDED, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ENACTING THE
CITY COUNCIL AND COMMISSION/ COMMITTEE PROTOCOL.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich
NOES: None
ABSENT: None
FUTURE AGENDA ITEMS:
Mayor Pro Tem Campbell moved, seconded by Councilwoman Brooks, to defer this
item to the next meeting.
CITY COUNCIL ORAL REPORTS:
Mayor Pro Tem Campbell moved, seconded by Councilwoman Brooks, to defer this
item to the next meeting.
CLOSED SESSION REPORT:
City Attorney Lynch reported on the following Closed Session items: 1) With respect to
the potential purchase of property at 2160 Via Colinita, the City Council unanimously
stated that the Council was not interested in that potential purchase, with a 4-0 vote;
2) With respect to the potential purchase of property at 8 Cherryhill Lane, the City
Council unanimously stated that the Council was not interested in that potential
purchase, with a 4-0 vote; and, 3) With respect to the existing litigation case of Joannou
et al v. City of Rancho Palos Verdes, a report was provided and no action taken, with
Mayor Pro Tem Campbell not present at the Closed Session.
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Draft City Council Minutes
May 29, 2012
Page 17 of 17
ADJOURNMENT:
At 12:29 A.M. on May 30, 2012, Mayor Misetich adjourned the meeting.
___________________
Mayor
Attest:
___________________
City Clerk
W:\City Council Minutes\2012\20120529 CC MINS ADJ MTG DRAFT.doc
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