RPVCCA_CC_DM_2011_09_20_B_20110906_ DRAFT_CC_MINS
Draft City Council Minutes
September 6, 2011
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DRAFT
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
SEPTEMBER 6, 2011
The meeting was called to order at 6:00 P.M. by Mayor Long at Fred Hesse Community
Park, 29301 Hawthorne Boulevard, and was immediately recessed into Closed Session.
The meeting was reconvened at 7:02 P.M.
City Council roll call was answered as follows:
PRESENT: Campbell, Misetich, Stern, Wolowicz, and Mayor Long
ABSENT: None
Also present were: Carolyn Lehr, City Manager; Carolynn Petru, Deputy City Manager;
Carol Lynch, City Attorney; Dennis McLean, Director of Finance/Information Technology
(IT); Joel Rojas, Community Development Director; and Carla Morreale, City Clerk.
FLAG SALUTE:
The Flag Salute was led by Community Development Director Rojas.
MAYOR’S ANNOUNCEMENTS:
Mayor Long congratulated the members of the First Graduating Class of Junior Rangers
and presented each participant with a graduation card and pin commemorating his/her
accomplishments.
Mountains Recreation and Conservation Authority Ranger Jewel Johnson provided a
brief overview of the Junior Ranger Program activities and skills learned by the Junior
Rangers. She congratulated the graduates of the program.
Mayor Long announced that September 2011 is National Prostate Cancer Awareness
Month.
RECYCLE DRAWING:
Mayor Long announced Recyclers of the Month from the August 16, 2011 City Council
meeting: Carol Collins and John Wallmark. 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 THE AGENDA:
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Councilman Stern moved, seconded by Councilman Wolowicz, to approve the agenda as
presented.
Without objection, Mayor Long so ordered.
PUBLIC COMMENTS: (For Items not on the Agenda)
Maureen Sassoon, Rancho Palos Verdes, stated that her neighborhood has a neighbor
who has had eight consecutive weekend garage sales, on Saturdays and Sundays,
which has disrupted the neighborhood with traffic and noise issues. She requested that
the City consider an ordinance regulating the frequency of garage sales in the City.
Rollin Sturgeon, Rancho Palos Verdes, stated that he read the recent article in the City
Newsletter regarding the Master Plan for the Ladera Linda Community Center, where it
was noted that the Master Plan would reflect the preference of the immediate
neighborhood and broader community. He inquired as to the definition of immediate
neighborhood.
Dr. Michael Brophy, Rancho Palos Verdes, President, Marymount College, stated that
the College filed for the Measure P Election in March 2010 after a long application
process. He noted at the time of filing that the College had not received approval for any
facilities. He commented that CCC/ME has spent a decade attempting to defeat the
College in its quest to improve its facilities. He commented on the efforts of CCC/ME to
close down the summer camp, to cancel the College’s chemistry lab, and cause an
inspection by the Fire Marshall. He objected to staff’s appointment of Lois Karp on the
Marymount College’s Neighborhood Advisory Council and objected to the need for the
Neighborhood Advisory Council, noting that the College would be filing for an amendment
to the Conditional Use Permit (CUP) in the near future.
Jim Gordon, CCC/ME, Rancho Palos Verdes, responded to the claims made by Dr.
Brophy and stated that the reason for the recent cancellation of the chemistry lab was
that the College had incompatible plans for the chemistry lab and new proposed library.
Lois Karp, CCC/ME, Rancho Palos Verdes, stated that CCC/ME does not deserve credit
for the issues raised by Dr. Brophy noting that requirement for a Neighborhood Advisory
Committee is part of the CUP. She thanked Community Development Director Rojas for
appointing her to the Neighborhood Advisory Committee, noting that it was an opportunity
for the neighbors and College to communicate about the College activities and move
forward from the past issues.
Jack Karp, Rancho Palos Verdes, stated that the College was subject to the safety laws
of the State and County of Los Angeles, noting that they did not have the necessary
material data sheets which resulted in a fire inspection brought on by the Fire
Department. He continued that CCC/ME was in favor of the improvements to the
Marymount College campus, was not in support of dormitories, and noted concerns with
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the College not having a parking management plan.
Council Members provided comments in response to the public speakers remarks.
CITY MANAGER REPORT:
City Manager Lehr stated that the Employee Compensation section of the City’s website
has recently been updated in accordance with the format used by the State Controller’s
Office.
Director of Finance/IT McLean provided a detailed overview of Employee Compensation
and Benefits as highlighted on the City’s website.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding Item D (One-Year Extension of the Contract with Blais & Associates,
Inc. for Grant Management and Support Services) and Item F (Agreement for Skate Park
and Dog Park Site Community Outreach and Site Analysis); and there was one request
to speak regarding Item F.
Councilman Wolowicz moved, seconded by Mayor Pro Tem Misetich, to approve the
Consent Calendar, with Item F removed from the Consent Calendar.
The motion passed on the following roll call vote:
AYES: Campbell*, Misetich, Stern*, Wolowicz, and Mayor Long
NOES: None
ABSENT: None
ABSTAIN: None
*Councilman Campbell and Councilman Stern abstained from the approval of the August
24, 2011 Minutes since they were not present at that meeting.
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
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Approved the Minutes of the August 16, 2011 Regular Meeting and August 24, 2011
Special Meeting, with Councilman Campbell and Councilman Stern abstaining from the
approval of the August 24, 2011 Minutes since they were absent from that meeting.
Notice of Completion – San Ramon Canyon Sewer Relocation
1) Accepted the work as complete and authorized the City Clerk to file a Notice of
Completion with the County Recorder; 2) Authorized the Director of Public Works to
release the 10% retention payment in the amount of $19,991.50 to Garcia Juarez
Construction, Inc. 35 days after recordation of the Notice of Completion by the County
Recorder contingent upon no claims being filed on the project, and the contractor posting
an acceptable maintenance bond; and, 3) Authorized staff to notice the surety company
to exonerate the Payment and Performance bonds following release of the retention.
One-Year Extension of the Contract with Blais & Associates, Inc. for Grant
Management and Support Services
Authorized the Mayor and City Clerk to sign the agreement with Blais & Associates, Inc.
for a 1-year extension to the existing Professional Services Agreement through FY 2011-
12.
July 2011 Monthly Report of Cash Balances
Received and filed the July 2011 Monthly Report of Cash Balances for the City of Rancho
Palos Verdes.
Agreement for Skate Park and Dog Park Site Community Outreach and Site
Analysis
This item was removed from the Consent Calendar for separate consideration.
Award Contracts – Via Canada Storm Drain PD-478 Inlet Improvements Project
1) Approved the plans and specifications for the Via Canada Storm Drain PD-478 Inlet
Improvements Project; 2) Awarded a construction contract to HYM Engineering, Inc. and
authorized the Mayor and City Clerk to execute a construction contract to HYM
Engineering, Inc. in the amount of $41,048. Authorized a construction contingency of
$8,000 for a total construction authorization of $49,048; and, 3) Awarded a professional
services contract to Merit Civil Engineering, Inc. and authorized the Mayor and City Clerk
to execute a professional services agreement to Merit Civil Engineering, Inc. in an
amount not to exceed $15,000 for inspection services.
Register of Demands
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ADOPTED RESOLUTION NO. 2011-65, 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.
Election for the City to Serve as the Successor Agency to the Rancho Palos Verdes
Redevelopment Agency
ADOPTED RESOLUTION NO. 2011-66, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, MAKING AN ELECTION FOR THE CITY TO
SERVE AS A SUCCESSOR AGENCY UNDER PART 1.85 IN THE EVENT THE
REDEVELOPMENT AGENCY IS DISSOLVED.
Oversized Vehicle Parking Penalties
ADOPTED RESOLUTION NO. 2011-67, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, ESTABLISHING A PENALTY FOR
PARKING VIOLATIONS ASSOCIATED WITH OVERSIZED VEHICLES WITHIN THE
CITY OF RANCHO PALOS VERDES.
# # # # # # #
ITEM REMOVED FROM CONSENT CALENDAR:
Agreement for Skate Park and Dog Park Site Community Outreach and Site
Analysis
Mayor Long reported that staff has requested the continuance of this item.
Lesley Boullianne, Rancho Palos Verdes, stated that she has seen a great amount of
development in her 40 years on the Peninsula noting that there was much open space
and freedom in the past, which allowed people to let their dogs run free, remote control
planes be flown, and the flying of hang-gliders. She opined that there should be an
attempt to create areas on the Peninsula where people can participate in such activities.
Councilman Stern moved, seconded by Councilman Wolowicz, to continue this item to a
future date.
The motion passed on the following roll call vote:
AYES: Campbell, Misetich, Stern, Wolowicz, and Mayor Long
NOES: None
ABSENT: None
ABSTAIN: None
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RECESS AND RECONVENE:
Mayor Long called a brief recess from 7:57 P.M. to 8:11 P.M.
REGULAR BUSINESS:
Pension Revision
City Clerk Morreale reported that there was one request to speak regarding this item.
Pension Revision Subcommittee Members Mayor Long and Councilman Wolowicz
provided introductory remarks regarding their work with the consultants with Management
Partners Inc. regarding this item.
Andy Belknap, Regional Vice President, Management Partners, Inc., provided an
overview of the topics discussed with the Pension Revision Subcommittee, including
pension systems, sustainable funding of pension systems, and history of the Rancho
Palos Verdes’ retirement plan.
Marcus Wu, Attorney, Hanson Bridgett, San Francisco, reported on the reform issues and
changes to pension systems. He provided information regarding the legal framework
regarding pension changes in California which is comprised of three areas: California
Statutes in the PERS Plan as set forth by the Government Code, Federal and State Tax
Laws, and California’s Vested Rights Law.
Discussion ensued between Council Members and Consultants.
Tim Sullivan, Human Resources Technical Expert, Management Partners, Inc. provided a
detailed report regarding CalPERS contribution projections and an overview of pension
options for Council’s consideration. He presented the recommendation of Management
Partners and the Pension Revision Subcommittee for the current employees as the
following: continue with the 2.5% @ 55 formula based on the single-highest year, and
decrease the Employer Paid Member Contribution (EPMC) from 6.5% to 0% with a
one-time offsetting salary increase of 5%. He continued with the recommendation for
new hires of the following: 2% @ 60 formula with the three-year average basis, the
employee to pay the full 7% EPMC, and an optional defined contribution (deferred
compensation) plan with the City contributing up to 1% to 1.5%.
Discussion continued between Council Members, Consultants, and Staff.
Ken Dyda, Rancho Palos Verdes, stated that the work that the Subcommittee performed
was thorough and detailed and suggested that the Council defer this decision until the
next meeting to allow for thoughtful consideration of the concepts discussed this evening.
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RECESS AND RECONVENE:
Mayor Long called a brief recess from 10:14 P.M. to 10:27 P.M.
Mayor Long moved, seconded by Mayor Pro Tem Misetich, to move Item No. 3 (Palos
Verdes Peninsula Robotics Team Sponsorship Cover Letter) up on the agenda.
Without objection, Mayor Long so ordered.
Palos Verdes Peninsula Robotics Team Sponsorship Cover Letter
Mayor Long reported that he had received a letter from the Palos Verdes Peninsula
Robotics Team requesting a sponsorship cover letter.
Steven Lin, Captain, Palos Verdes Peninsula High School Robotics, Rancho Palos
Verdes, stated that his team competes in the First Robotics competition which builds a
120 pound robot out of raw materials and competes with other schools across the nation
to show support of engineering, mathematics and to have fun.
Ja Won (Daniel) Kim, Public Relations Manager, Palos Verdes Peninsula High School
Robotics, Rancho Palos Verdes, reported that there was much more than science
involved in robotics, including teamwork and gracious professionalism. He requested a
letter from the Mayor to seek grant monies.
James Hammond, Palos Verdes Peninsula High School Robotics, Rancho Palos Verdes,
stated that grant money would assist in promoting the Science Technology Engineering
and Mathematics (STEM) program and the creation of a new small robotics team at
Ridgecrest Middle School.
Councilman Stern moved, seconded by Mayor Pro Tem Misetich, to authorize the Mayor
to sign a cover letter to potential sponsors of the Palos Verdes Peninsula Robotics Team.
The motion passed on the following roll call vote:
AYES: Campbell, Misetich, Stern, Wolowicz, and Mayor Long
NOES: None
ABSENT: None
ABSTAIN: None
Pension Revision (Continued)
Mayor Pro Tem Misetich suggested continuing the item to the next meeting to allow the
opportunity for answers to some of the questions raised this evening. He suggested the
analysis of no salary increase for the employees and a phasing in of the employee’s
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payment of the employee contribution at 3% the first year, 2% the second year, and 1.5%
in the third year.
Mayor Pro Tem Misetich moved, seconded by Councilman Wolowicz, to continue the
item to the next meeting with the ability for any Council Member to ask questions of the
consultants.
Without objection, Mayor Long so ordered.
League of California Cities 2011 Annual Conference Resolutions
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there was one request to speak regarding the item.
Mayor Pro Tem Misetich moved, seconded by Councilman Wolowicz, to waive the staff
report.
Without objection, Mayor Long so ordered.
Mayor Long stated that he had a number of questions that he would like researched and
answered at the next Council meeting regarding Resolution No. 5 (Replacement of the
Death Penalty with the Sentence of Life Imprisonment without the Possibility of Parole).
Councilman Campbell moved, seconded by Mayor Long, to continue the discussion
regarding the League of California Cities General Assembly Resolution No. 5
(Replacement of the Death Penalty with the Sentence of Life Imprisonment without the
Possibility of Parole) to the September 20, 2011 Council meeting.
Without objection, Mayor Long so ordered.
Ken Dyda, Rancho Palos Verdes, stated that he had concerns with League of California
Cities General Assembly Resolution No. 1 (Alternative Methods of Meeting Public Notice
Requirements and to Advocate for Revisions to the Government Code Recognizing
Alternative Methods as a Means to Meet Noticing Requirements) because some of the
members of the public were not computer literate. He suggested that the City not support
this resolution if the intention was limiting notifications to electronic media only and
avoiding the newspapers and other methods of notification.
Mayor Long moved, seconded by Councilman Campbell, to continue League of California
Cities General Assembly Resolution No. 1(Alternative Methods of Meeting Public Notice
Requirements and to Advocate for Revisions to the Government Code Recognizing
Alternative Methods as a Means to Meet Noticing Requirements) to the September 20,
2011 Council meeting for analysis by the City Attorney.
Without objection, Mayor Long so ordered.
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Councilman Wolowicz moved, seconded by Mayor Long, to approve the staff
recommendation of support of League of California Cities General Assembly Resolution
No. 2 (Tort Reform).
Without objection, Mayor Long so ordered.
Councilman Wolowicz moved, seconded by Councilman Stern, to approve the staff
recommendation of support of League of California Cities General Assembly Resolution
No. 3 (Raising Public Awareness about the Imminent Health and Safety Concerns for
Bullied Children).
Without objection, Mayor Long so ordered.
Councilman Stern moved, seconded by Councilman Campbell, to abstain from the
League of California Cities General Assembly Resolution No. 4 (Prison Rape Elimination
Act of 2003).
After brief discussion, Councilman Stern withdrew his motion.
Councilman Wolowicz moved, seconded by Councilman Stern, to continue League of
California Cities General Assembly Resolution No. 4 (Prison Rape Elimination Act of
2003) for discussion to the September 20, 2011 pending input from the Lomita Sheriff’s
Department as to their position regarding this topic.
Without objection, Mayor Long so ordered.
Councilman Stern moved, seconded by Mayor Pro Tem Misetich, to vote no on
Resolution No. 6 (City of Bell).
The motion passed on the following roll call vote:
AYES: Campbell, Misetich, Stern, Wolowicz, and Mayor Long
NOES: None
ABSENT: None
ABSTAIN: None
Right of Way Use Agreement with NextG Networks
Councilman Stern moved, seconded by Councilman Campbell, to waive the staff report.
Without objection, Mayor Long so ordered.
City Attorney Lynch provided an overview of photographs taken by Senior Engineer Jules
of the existing NextG Networks facilities, noting that four applications for new facilities
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were pending approval. She stated that she will be returning to Council in the near future
with a more comprehensive ordinance regarding the installation of radio and antenna
equipment in the public rights-of-way.
Discussion ensued between Council Members and staff.
Paul O’Boyle, Legal Counsel for applicant, NextG Networks, San Diego, stated that he
has been working with City Attorney Lynch for quite some time regarding the NextG
Networks agreements. He reported that NextG Networks equipment was quite
unobtrusive and precludes the need for the larger cell sites since NextG has fiber optic
technology, while generating revenue for the City.
Councilman Stern moved, seconded by Mayor Pro Tem Misetich, to approve the staff
recommendation to: Approve the Right of Way Use Agreement with NextG Networks of
California, Inc. (NextG), for the installation of radio and antenna equipment within public
rights-of-way within the City of Rancho Palos Verdes.
The motion passed on the following roll call vote:
AYES: Campbell, Misetich, Stern, Wolowicz, and Mayor Long
NOES: None
ABSENT: None
ABSTAIN: None
CITY COUNCIL ORAL REPORTS:
Councilman Stern moved, seconded by Councilman Campbell, to defer this item to the
next meeting.
Without objection, Mayor Long so ordered.
CLOSED SESSION:
City Attorney Lynch reported on the following Closed Session items: 1) With respect to
the Donald Sipple, John Simon, Karl Simonsen, and Christopher Jacobs, Settlement
Class Representatives; New Cingular Wireless PCS LLC, a Delaware limited liability
company v. City of Alameda, California, et al., Councilman Stern and Mayor Pro Tem
Misetich were disqualified from voting on the item since they are AT&T customers. She
reported that the remainder of the City Council voted (3-0) to give staff direction to
negotiate a potential settlement with the AT&T class representatives, and also authorized
a conflict of interest waiver; and, 2) With respect to the Potential Litigation item in Closed
Session, staff was unable to get all of the information that was necessary to present the
item to the City Council, therefore, that item would be coming back on a future agenda,
potentially on September 20, 2011.
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ADJOURNMENT:
At 11:38 P.M., Mayor Long adjourned the meeting to Friday, September 9, 2011 at
2:00 P.M. for an Adjourned Regular Meeting/Campaign Leadership for Public Trust
Workshop to be held at City Hall in the Community Room.
___________________
Mayor
Attest:
___________________
City Clerk
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