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RPVCCA_CC_DM_2011_10_04_B_CC_Draft_Mins_20110920DRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING SEPTEMBER 20,2011 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 7:06 P.M. City Council roll call was answered as follows: PRESENT:Misetich,Stern,Wolowicz,and Mayor Long ABSENT:Campbell* *Councilman Campbell arrived at 7:42 P.M. 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,Comm,unity Development Director;Ray Holland,Director of Public Works;Tom Odom,Director of Recreation and Parks/Deputy Director of Public Works; Greg Pfost,Deputy Community Development Director;Ara Mihranian,Deputy Community Development Director;Ron Dragoo,Senior Engineer;Eduardo Schonborn, Senior Planner;Eric Mausser,Human Resources Manager;and Carla Morreale,City Clerk. FLAG SALUTE: The Flag Salute was led by Deputy Community Development Director Pfost. MAYOR'S ANNOUNCEMENTS: Mayor Long announced that the City and EDCO will be holding a free document shredding event for the City's residents on Saturday,October 1,2011 in the City Hall parking lot. RECYCLE DRAWING: Mayor Long announced Recyclers of the Month from the September 6,2011 City Council meeting:Molly Johnson and Sid Weiss.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: Draft City Council Minutes September 20,2011 Page 1 of 16 B-1 Councilman Stern moved,seconded by Councilman Wolowicz,to approve the agenda as presented. Without objection,Mayor Long so ordered. PUBLIC COMMENTS:(For Audience Comments for Items not on the Agenda) Mark Wells,Rancho Palos Verdes,stated that he recorded the recent Candidates Forum held by the Longpoint Homeowners Association on September 7,2011,noting that Councilman Campbell did a great job as the moderator of the debate and provided staff with a copy of the DVD for Councilman Campbell. CITY MANAGER REPORT: City Manager Lehr announced that the City's Mirandela Senior Affordable Housing Project was recently named the "2011 Sage Award for Project of the Year"by the Building Industry Association of Southern California. Deputy Community Development Director Pfost explained that the prestigious Sage Award recognizes projects that make outstanding contributions to enhancing the quality of life for Southern California residents aged 55+. Senior Engineer Dragoo provided a status update report regarding the San Ramon Canyon Project,including the progress on the environmental report,design plans, proposed schedule for the upcoming project,possible grant funding,and monitoring of the roadway's stability. Public Works Director Holland reported on the status of potential state and federal funding sources for the project,including the New Jobs Bill proposed by the President. Council and staff discussion ensued. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding Item E (Agreement for Skate Park and Dog Park Community Outreach and Site Analysis),and there was one request to speak regarding that item. Councilman Wolowicz moved,seconded by Councilman Stern,to approve the Consent Calendar,with Item E removed from the Consent Calendar to follow immediately after the Consent Calendar. The motion passed on the following roll call vote: Draft City Council Minutes September 20,2011 Page 2 of 16 B-2 AYES: NOES: ABSENT: ABSTAIN: Misetich,Stern,Wolowicz,and Mayor Long None Campbell None 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 September 6,2011 Regular Meeting. Notice of Completion -City Hall Main Waterline Replacement Project 1)Accepted the project as complete;2)Authorized the City Clerk to file a Notice of Completion for the project with the County Recorder;and if no claims are filed within 35 days after recordation,and upon the contractor posting an acceptable warranty bond, notice the surety company to exonerate the Payment and Performance Bonds;and, 3)Authorized the Director of Public Works to release the 10%retention payment in the amount of $3,622.51 to Atlas Allied 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 warranty bond. Fourth Amended and Restated Joint Powers Agreement with the South Bay Cities Council of Governments 1)Approved the Fourth Amended and Restated Joint Powers Agreement between the South Bay Cities Council of Governments (SBCCOG)and the seventeen agencies set forth in the agreement;and,2)Authorized the Mayor to sign the amended Joint Powers Agreement. Agreement for Skate Park and Dog Park Community Outreach and Site This item was removed from the Consent Calendar for separate consideration. Adoption of Tax Increment Transfer Agreement ADOPTED RESOLUTION NO.2011-68,A RESOLUTION OF CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,AUTHORIZING AND APPROVING THE EXECUTION AND DELIVERY OF A TRANSFER AGREEMENT PURSUANT TO HEALTH AND SAFETY CODE Draft City Council Minutes September 20,2011 Page 3 of 16 B-3 SECTION 34194.2 AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. Award a Contract for GPS Monitoring in the Landslide 1)Awarded a contract to Michael McGee Surveying Consulting,Inc.in the amount of $35,860,to perform a GPS survey of all existing points within the Portuguese Bend/Abalone Cove Landslide area and to prepare the associated report;and, 2)Authorized the expenditure of $35,860 for the required survey and associated report; and authorized the expenditure of up to $6,500 as a project contingency in the event additional work is identified during the field survey and is determined to be required by the Director of Public Works. Agreement to Use Easement at Menominee Place 1)Approved the agreement allowing the conditional use of City Right-of-Way and easements at Menominee Place,and authorized the Mayor and City Clerk to execute the agreement;2)Authorized property owner to perform grading within easements following Planning and Building approval;and,3)Authorized the City Clerk to record the agreement with the County Recorder following Planning approval of the improvements. FY10-11 Continuing Appropriations &Fiscal Year-End Budget Adjustments 1)ADOPTED RESOLUTION NO.2011-69,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,AMENDING RESOLUTION 2010-55, THE BUDGET APPROPRIATION FOR FY10-11,TO REDUCE THE BUDGET FOR THE APPROVED CONTINUING APPROPRIATIONS;2)ADOPTED RESOLUTION NO.2011- 70,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,AMENDING RESOLUTION 2011-44,THE BUDGET APPROPRIATION FOR FY11-12,TO INCREASE THE BUDGET FOR THE APPROVED CONTINUING APPROPRIATIONS;and,3)ADOPTED RESOLUTION NO.2011-71,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,AMENDING RESOLUTION 2010-55,THE BUDGET APPROPRIATION FOR FY1 0-11,TO ADJUST THE BUDGET IN THE GENERAL FUND,PROPOSITION C FUND,PUBLIC SAFETY GRANTS FUND,MEASURE A MAINTENANCE FUND,AND RPVTV FUND. Register of Demands ADOPTED RESOLUTION NO.2011-72,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. ####### ITEM REMOVED FROM CONSENT CALENDAR: Draft City Council Minutes September 20,2011 Page 4 of 16 B-4 Agreement for Skate Park and Dog Park Community Outreach and Site Analysis Director of Recreation and Parks Odom provided a brief staff report regarding the contract for community outreach and site analysis for a skate park and a dog park in the City and on the Peninsula. Ken Dyda,Rancho Palos Verdes,stated that he did not see a default clause in the contract if the consultant defaults or limitations in the contract regarding contingency fees. City Attorney Lynch pointed out the components of the contract which protect the City. Discussion ensued between Council Members and staff. Councilman Stern moved,seconded by Councilman Wolowicz,to:1)Approve an agreement with Mia Lehrer &Associates in the amount of $24,400 for public outreach and site analysis to consider both a skate park and a dog park on the Peninsula;and, 2)ADOPT RESOLUTION NO.2011-73,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,AMENDING RESOLUTION NO.2011-44, THE BUDGET APPROPRIATION FOR FY11-12,TO AMEND THE GENERAL FUND AND CAPITAL IMPROVEMENT PROJECT FUND BUDGETS. The motion passed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Misetich,Stern,Wolowicz,and Mayor Long None Campbell None PUBLIC HEARINGS: Code Amendment to Revise the Current Program that Allows Non-Commercial Organizations to Place Temporary Special Event Banners in the City's Right-of- Ways 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 Long declared the public hearing open. Councilman Stern noted that staff's recommendation was to continue this item to October 4,2011. Councilman Campbell arrived at 7:42 P.M. Draft City Council Minutes September 20,2011 Page 5 of 16 B-5 Mayor Pro Tem Misetich moved,seconded by Councilman Wolowicz,to continue the public hearing to October 4,2011. Without objection,Mayor Long so ordered. Revision "XX"to the Trump National Golf Course Project City Clerk Morreale reported that notice of the public hearing was duly published,no written protests received,late correspondence was distributed prior to the meeting,and there were no requests to speak regarding this item. Mayor Long declared the public hearing open. Community Development Deputy Director Pfost provided a brief staff report regarding this item. Discussion ensued between Council and staff. Jill Martin,Attorney,Trump National Golf Course,stated that there has been some delay due to the substantive comments from the City's geologist which required a more detailed secondary report from Trump National's geologist. Mayor Long declared the public hearing closed. Councilman Stern moved,seconded by Mayor Pro Tem Misetich,to:1)ADOPT RESOLUTION NO.2011-74,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,ADOPTING ADDENDUM 43 TO ENVIRONMENTAL IMPACT REPORT NO.36;2)ADOPT URGENCY ORDINANCE NO.,525U,AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES,APPROVING AMENDMENT NO.12 TO THE TRUMP NATIONAL DEVELOPMENT AGREEMENT, AUTHORIZING AN EXTENSION TO THE DEVELOPMENT AGREEMENT TO MARCH 21,2012,AND DECLARING THE URGENCY THEREOF;3)Authorize the Mayor and the City Clerk to execute the documents on behalf of the City;4)Extend Vesting Tentative Tract Map No.50666 consistent with the term of the Development Agreement;and, 5)ADOPT RESOLUTION NO.2011-75,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,AMENDING GRADING PERMIT NO.1541 TO ALLOW AN EXTENSION TO THE OPERATION OF THE DRIVING RANGE TO MARCH 21,2012. The motion passed on the following roll call vote: AYES: NOES: ABSENT: Campbell,Misetich,Stern,Wolowicz,and Mayor Long None None Draft City Council Minutes September 20,2011 Page 6 of 16 B-6 ABSTAIN:None Tract Map Amendment to Tract No.52666 (SUB2011-00003)I 30039 Via Victoria (Lot 9)&30051 Via Victoria (Lot 10) City Clerk Morreale reported that notice of the public hearing was duly published,written protests included in the staff report and late correspondence which was distributed prior to the meeting,and there were three requests to speak regarding this item. Mayor Long declared the public hearing open. Senior p'lanner Schon born provided a brief staff report regarding this item. Council and staff discussion ensued. Sid Croft,Attorney for Applicant Marshall Esfahani,stated that the application before Council was routine and noted that the change would provide a safer,less congested and more efficient access to the garages of the properties.He stated that the applicant agreed with staff that the change was warranted and created a more practical site plan configuration,with a reduction of parking on Via Victoria. Tim McElroy,Rancho Palos Verdes,stated that he was not against the driveways but noted concern with the difficulty of residents to currently get in and out of the driveway. He reported that residents scrape the bottom of their cars on the street and suggested the consideration of permit parking for the area. William Festa and Cindy Tea,Redondo Beach,stated that they are the proposed buyers of Lot 10 and are in favor of staff's recommendation for the proposed amendment for the addition of the two driveway entrances for the reasons of safety and privacy. The applicant did not request a rebuttal opportunity. Discussion ensued between Council and staff. Mayor Long declared the public hearing closed. Councilman Stern moved,seconded by Councilman Wolowicz,to:ADOPT RESOLUTION NO.2011-76,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,THEREBY ADOPTING ADDENDUM -4 TO A MITIGATED NEGATIVE DECLARATION AND APPROVING A TRACT AMENDMENT (REVISION D)TO ALLOW FOR TWO ADDITIONAL ACCESS DRIVEWAYS ALONG VIA VICTORIA,EACH PROVIDING INDIVIDUAL ACCESS FOR LOT 9 AND LOT 10 OF TRACT 52666. The motion passed on the following roll call vote: Draft City Council Minutes September 20,2011 Page 7 of 16 B-7 AYES: NOES: ABSENT: ABSTAIN: Campbell,Misetich,Stern,Wolowicz,and Mayor Long None None None REGULAR BUSINESS: State of California Habitat Conservation Fund Project Grant -Palos Verdes Nature Preserve Community Development Deputy Director Mihranian provided a brief staff report regarding the State of California Habitat Conservation Fund Project Grant for the Palos Verdes Nature Preserve. Council and staff discussion ensued. Councilman Wolowicz moved,seconded by Councilman Stern,to:1)ADOPT RESOLUTION NO.2011-77,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,AUTHORIZING THE PALOS VERDES PENINSULA LAND CONSERVANCY (PVPLC),ON BEHALF OF THE CITY OF RANCHO PALOS VERDES,TO SUBMIT A GRANT APPLICATION FOR THE STATE'S HABITAT CONSERVATION FUND FOR TRAIL WORK AND HABITAT RESTORATION AT THE PALOS VERDES NATURE PRESERVE;and,2)ADOPT RESOLUTION NO.2011-78,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING A $10,800 BUDGET APPROPRIATION FOR INFRASTRUCTURE IMPROVEMENTS AT THE PALOS VERDES NATURE PRESERVE. The motion passed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Campbell,Misetich,Stern,Wolowicz,and Mayor Long None None None Department of Fish and Game's Office of Spill Prevention and Response Grant Application for Habitat Restoration at the Vicente Bluffs Reserve Community Development Deputy Director Mihranian provided a brief staff report regarding the Department of Fish and Game's Office of Spill Prevention and Response Grant Application for Habitat Restoration at the Vicente Bluffs Reserve. Councilman Wolowicz moved,seconded by Councilman Stern,to:ADOPT RESOLUTION NO.2011-79,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,AUTHORIZING THE PALOS VERDES PENINSULA Draft City Council Minutes September 20,2011 Page 8 of 16 B-8 LAND CONSERVANCY TO SUBMIT AN APPLICATION FOR GRANT FUNDS FROM THE DEPARTMENT OF FISH AND GAME'S OFFICE OF SPILL PREVENTION AND RESPONSE FOR HABITAT RESTORATION AT THE VICENTE BLUFFS RESERVE OF THE PALOS VERDES NATURE PRESERVE. The motion passed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Campbell,Misetich,Stern,Wolowicz,and Mayor Long None None None RECESS AND RECONVENE: Mayor Long called a brief recess from 8:18 P.M.to 8:31 P.M. Councilman Wolowicz moved,seconded by Councilman Campbell,to move Item 7 (Request from the Palos Verdes Peninsula Unified School District to Support Measure M, a Local School Parcel Tax Measure on the November 8,2011 Ballot)up on the agenda. Without objection,Mayor Long so ordered. Request from the Palos Verdes Peninsula Unified School District (PVPUSD)to Support Measure M,a Local School Parcel Tax Measure on the November 8,2011 Ballot City Clerk Morreale reported that there were three requests to speak regarding this item. Senior Administrative Analyst Waters provided a brief staff report regarding the request from the Palos Verdes Peninsula Unified School District (PVPUSD)to support Measure M,a Local School Parcel Tax Measure on the November 8,2011 Ballot. Ken Dyda,Rancho Palos Verdes,stated that the School District was a separate taxing agency and as such it should bear the burden of convincing the residents to support its measure.He urged the Council not to support the measure,noting that the School District should support it and convince the residents of the need. Dora de la Rosa,Member of Yes on Measure M Campaign Committee,stated that the focus of Measure M is to secure stable local funding for the PVPUSD.She provided a brief history regarding the funding of school districts through the State of California and the complications as a result of that action.She reported that the PVPUSD is seeking to combine Measure P and Measure V into one Measure M of $374 with a CPI adjustment to be agendized each year.She stated that there would be no sunset on the Measure due to the continuous underfunding of the PVPUSD by the State and noted that this was a wise investment for the community to maintain a local stable source of funding for the Draft City Council Minutes September 20,2011 Page 9 of 16 B-9 schools. Barbara Lucky,Yes on Measure M Campaign Committee,Vice President,stated that if Parcel Tax Measure M did not pass the following would be the results:1)loss of 90 teaching positions and 40 classified positions including clerical,custodial and aide support staff;2)the reduction or elimination of some athletic programs;3)larger class sizes;4)fewer course offerings,with a reduction of honors and advanced placement courses;5)eliminate or reduce extracurricular activities;6)reduction in counseling, nursing and psychology services;and,7)reduction in library services,technology support,music,and language courses. Council and staff discussion ensued. Councilman Stern moved,seconded by Councilman Wolowicz,to adopt the staff recommendation to:1)Approve the Palos Verdes Peninsula Unified School District's request for support of Measure M;and,2)ADOPT RESOLUTION NO.2011-80,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AUTHORIZING THE CITY OF RANCHO PALOS VERDES TO ENDORSE AND SUPPORT MEASURE M,A PARCEL TAX MEASURE FOR THE PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT. The motion passed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Campbell,Misetich,Stern,Wolowicz,and Mayor Long None None None Pension Revision City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were 12 requests to speak regarding this item. Mayor Pro Tem Misetich moved,seconded by Mayor Long,to have Council address and vote on Recommendation NO.3 and continue the remaining recommendations to the October 4,2011 Council meeting. Council and staff discussion ensued. Mayor Pro Tem Misetich withdrew his motion to allow for the speakers to be heard. Ken Dyda,Rancho Palos Verdes,complimented the Subcommittee for bringing Pension Revision to the Council for consideration.He stated that the Subcommittee did not have the benefit of hearing from the public and commented on calculations of pensions as a percentage of the employee's base salary.He commented on the City's Reserve Funds Draft City Council Minutes September 20,2011 Page 10 of 16 B-10 noting that they should be reserved for projects such as the San Ramon Canyon Project, storm drains,sewer system,and the solutions for the Portuguese Bend Landslide. Kathryn Downs,Deputy Director of Finance/IT,City of Rancho Palos Verdes,stated that she supports the Subcommittee's recommendation for current employees even though the proposal results in a net 1.5%take away.She stated that she was opposed to the establishment of a 2 nd Tier Pension Program for new employees expressing concerns for increased difficulties in recruitment efforts.She noted that Rancho Palos Verdes staff is comprised of hard-working professionals with integrity who care about the future of the City and listed some of the programs and services staff has taken on in the last few years.She requested that the Council adopt the Subcommittee's recommendation for current employees this evening. Linda Gan-Vanderlinde,Senior Accountant,City of Rancho Palos Verdes, stated that employees in the private sector covered by Social Security have been enjoying increased take home pay in 2011 and will in 2012,but City employees are not covered by Social Security.She added that in addition to City staff's decrease in take home pay,staff is also facing potential layoffs of spouses,increased college tuition fees,and other financial constraints. Nancie Silver,Recreation Program Supervisor II,City of Rancho Palos Verdes,stated that she encouraged the Council to vote in favor of the recommendation of the Pension Revision Subcommittee and Management Partners regarding pension revision.She reported on the new programs established in the Recreation and Parks Department which have been added to already existing programs and events.She encouraged the Council to support the recommendation which is a compromise between the Council and employees to ensure that the City continues to be a shining example of what can be achieved when people work together for a common purpose. Matt Waters,Senior Administrative Analyst,City of Rancho Palos Verdes, stated that the City's employees are dedicated,hard-working and resourceful people who have taken on new and expanded challenges with successful results.He stated that he was in support of the recommendation of the Pension Revision Subcommittee to achieve the stated goal of sustainability and pension reform. Dave Emenhiser,Rancho Palos Verdes,stated that he was a former Chair of the Finance Advisory Committee,and that the City has benefited from the experienced staff who face complex issues,noting that staff has been loyal with a low turnover rate.He stated that the City should maintain its commitment of 2.5%at 55 to current employees;approve the 2%at 60 plan for new employees;prevent salary spiking;and begin to reduce the payment of the City employees'pension retirement cO':ltribution in a phased manner. Sharon Yarber,Rancho Palos Verdes, stated that she has not spent the time to analyze this complex issue,but stated that she would have appreciated a community outreach meeting where the limitations of available actions regarding the employee's pension were Draft City Council Minutes September 20,2011 Page 11 of 16 B-11 discussed.She spoke in support of a Second Tier program but suggested a sliding scale based on the age of retirement.She expressed concern with the proposed 5%increase in salary and the potential for spiking of salaries,and suggested the possibility of rolling back salaries to the amount at the time of hire. Kit Fox,Senior Administrative Analyst,City of Rancho Palos Verdes,stated that he supported the recommendation of the Pension Subcommittee although he was not thrilled about the 2 nd Tier proposal for new employees.He stated that the times,public expectation of local government,employees,officials,and compensation have changed over the last few years.He stated that he appreciated the Council's proactive approach and willingness to be open and transparent in the process of establishing a more predictable and sustainable pension system for the City. Jerry Duhovic,Vice Chair,Finance Advisory Committee,Rancho Palos Verdes,stated that any action taken by Council was not a reflection on staff,their competency or qualifications.He stated that speaking with members of the public there has been no support for staff salary increases to offset pension reform,and that staff has been treated fairly over the course of the years.He stated that this is important business and requested the continuance of this matter so that additional questions could be asked and potential solutions considered.He stated that he would welcome the opportunity to review the pension revision proposal as a member of the Finance Advisory Committee. John Alvarez,Senior Planner,City of Rancho Palos Verdes, stated that he appreciated the efforts of City management staff and Management Partners for the thorough review of the pension revision issue.He noted that he will be able to handle the impact of the financial change,but some employees may have a more difficult time with the salary reduction.He stated that he was in favor of the Subcommittee's recommendation which he believed is fair and meets the goals of the Subcommittee. Nicole Jules,Senior Engineer,City of Rancho Palos Verdes,stated that she was in support of the recommendation of the Pension Revision Subcommittee and Management Partners.She reflected on the limited number of projects that were able to be completed in Public Works due to a limited number of staff when she was first hired in 2001.She listed the numerous current projects and aspects of her job duties for which she has felt a level of excitement. Susan Brooks,Rancho Palos Verdes,stated that 16 years ago staff and salaries were half of that what they are now and the population of the City has not changed.She raised concerns with pension costs,staff salary increases,pension spiking,and the unfunded pension liability.She suggested the continuance of the item until more research is performed or until the new Council is seated.She suggested issuing the letter o.f intent to opt out of the CalPERS program to find out the amount of the City's unfunded pension liability. Draft City Council Minutes September 20,2011 Page 12 of 16 B-12 Lauren Ramezani,Senior Administrative Analyst,City of Rancho Palos Verdes,stated that she has worked for the City of Rancho Palos Verdes for sixteen years and stated that she was in support of the recommendation of the Pension Revision Subcommittee and Management Partners,Inc.which immediately begins to save the City money and does not seriously impact current employees salary and morale.She noted that the City was on solid financial ground and requested that the Council not penalize the current employees any further. Discussion among Council Members ensued. Mayor Pro Tem Misetich moved,seconded by Councilman Campbell,to address the recommendation regarding the establishment of the 2 nd Tier benefit formula for new employees and continue the remainder of the Pension Revision item to the October 4, 2011 Council meeting. RECESS AND RECONVENE: Mayor Long called a brief recess from 10:06 P.M.to 10:12 P.M. Council discussion continued. Mayor Long moved a substitute motion,seconded by Councilman Stern,to adopt the Subcommittee's recommendations as set forth and outlined in the staff report to: Approve the recommendations made by the City Council Pension Revision Subcommittee and with concurrence by Management Partners to adopt revisions to the City's pension plan to attain sustainability and cost control for current employees and new hires,and further direct Staff as follows:1)Effective with the pay period beginning September 23 ,2011,discontinue the 6.5%employer paid member contribution for full- time employees in conjunction with a one-time salary increase of 5%;2)Effective with the pay period beginning September 23,2011,discontinue the 1%employer paid member contribution for part-time employees in conjunction with a one-time wageincreaseof1%; 3)Request CalPERS to prepare a contract amendment to establish a 2 nd Tierbenefit formula for new employees based upon 2%/60 formula with determination of final compensation based upon the average of the three highest years;and,4)Inquire with ICMA whether or not the City's existing Section 457 defined contribution plan can be amended to enable matching contributions for new employees or research and make a recommendation of other plan providers to administrate such a plan in conjunction with adoption of an amendment to the CalPERS agreement. After additional Council discussion Mayor Long split his substitute motion. Mayor Long moved,seconded by Councilman Stern,to approve Reco'mmendation Nos.1 and 2 relating to the Tier 1 Pension Program for current employees as follows: 1)Effective with the pay period beginning September 23 ,2011,discontinue the 6.5% employer paid member contribution for fuli-time employees in conjunction with a one-time Draft City Council Minutes September 20,2011 Page 13 of 16 B-13 salary increase of 5%;and,2)Effective with the pay period beginning September 23, 2011,discontinue the 1%employer paid member contribution for part-time employees in conjunction with,a one-time wage increase of 1%. The motion passed on the following roll call vote: AYES: NOES: ABSENT: ABS,TAIN: Stern,Wolowicz,and Mayor Long Campbell and Misetich None None Mayor Long moved,seconded by Councilman Stern,to approve Reco,mmendation Nos.3 and 4 relating to the Tier 2 Pension Program for new employees as follows:' 3)Request CalPERS to prepare a contract amendment to establish a 2 nd Tier benefit formula for new employees based upon 2%/60 formula with determination of final .. compensation based upon the average of the three highest years;and,4)Inquire with ICMA whether or not the City's existing Section 457 defined contribution plan can be amended to enable matching contributions for new employees or research and make a recommendation of other plan providers to administrate such a plan in conjunction with adoption of an amendment to the CalPERS agreement. The motion passed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Campbell,Stern,Misetich,Wolowicz,and Mayor Long None None None RECESS AND RECONVENE: Mayor Long called a brief recess from 10:56 P.M.to 11 :04 P.M. Councilman Campbell left the meeting at 10:56 P.M. League of California Cities 2011 Annual Conference Resolutions· Councilman Stern moved,seconded by Councilman Wolowicz,to waive the staff report regarding this item. Without objection,Mayor Long so ordered. Mayor Long moved, seconded by Councilman Stern,to:Direct the Voting Delegate to support the adoption of 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). Draft City Council Minutes September 20,2011 Page 14 of 16 B-14 The motion failed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Stern and Mayor Long Misetich and Wolowicz Campbell None Mayor Pro Tem Misetich moved,seconded by Councilman Wolowicz,to:Direct the Voting Delegate to take no position regarding the adoption of 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). The motion passed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Misetich,Stern and Wolowicz Long Campbell None Mayor Long moved, seconded by Councilman Stern to:Direct the Voting Delegate to support the adoption of League of California Cities General Assembly Resolution NO.4 (Prison Rape Elimination Act of 2003). Without objection,Mayor Long so ordered. Councilman Stern moved,seconded by Councilman Wolowicz,to:1)Direct the Voting Delegate to support the adoption of 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). The motion passed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Misetich,Stern,Wolowicz,and Mayor Long None Campbell None Proposed League of California Cities Resolution Regarding Funding of Assembly Bills 109 and 117 There was no request for a staff report. Council and staff discussion ensued. Draft City Council Minutes September 20,2011 Page 15 of 16 B-15 Mayor Long moved,seconded by Councilman Stern,to:Direct the City's League of California Cities Voting Delegate to be mindful of the concerns of the Council regarding the "unfunded mandate"while listening to the issues raised at the League Conference, and then voting accordingly. Without objection,Mayor Long so ordered. 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 August 16,2011. CLOSED SESSION: City Attorney Lynch reported on the following Closed Session items:1)With respect to the Enstedt case,no action was taken;and,2)With respect to the Monks case,a report was given and the Council voted (3-1),with Councilman Campbell absent,to reject the settlement proposal anp the City Attorney was directed not to stipulate to the entry of judgment. ADJOURNMENT: At 11 :41 P.M.,Mayor Long adjourned the meeting. Mayor Attest: City Clerk W:\City Council Minutes\2011 \2011 0920 DRAFT CC MINS.doc Draft City Council Minutes September 20,2011 Page 16 of 16 B-16