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CC MINS 20110719 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JULY 19, 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 7:17 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); Ray Holland, Director of Public Works; Tom Odom, Director of Recreation and Parks/Deputy Director of Public Works; Greg Pfost, Deputy Community Development Director; Eric Mausser, Human Resources Manager; Ron Dragoo, Senior Engineer; Amy Trester, Associate Planner; Leza Mikhail, Associate Planner; Abigail Harwell, Assistant Planner; and Carla Morreale, City Clerk. FLAG SALUTE: The Flag Salute was led by Mayor Long. MAYOR'S ANNOUNCEMENTS: Mayor Long congratulated the Palos Verdes Peninsula High School on being named one of the Top-Five California High School's in Newsweek's annual list of America's best high schools. RECYCLE DRAWING: Mayor Long announced Recyclers of the Month from the June 21, 2011 City Council meeting: Thomas D. Smith and Bruce Harvey. 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: City Clerk Morreale reported that staff has requested the removal of Item E from the agenda. City Council Minutes July 19, 2011 Page 1 of 15 Councilman Wolowicz moved, seconded by Councilman Stern, to approve the agenda with the Item E removed from the agenda. Without objection, Mayor Long so ordered. PUBLIC COMMENTS: (For Items not on the Agenda) Marvin Jackmon, Southern California Edison (SCE) Local Public Affairs, and Marilyn Lyon, South Bay Cities Council of Governments and the Environmental Service Center, presented an award to the City for its partnership as an Energy Leader in partnership with SCE saving money, energy, and the environment. CITY MANAGER REPORT: City Manager Lehr reported that the City's website has recently been updated with information pertaining to employee compensation and benefits. Sgt. Don Mueller presented an overview of the recently updated Lomita Sheriff's Station website. Director of Finance/IT McLean provided a status report regarding the upcoming replacement of the City's Financial Accounting System including an Enterprise Organization-wide system and a contract management system. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding Item D and E, and there were two requests to speak regarding Item D. Mayor Long noted that pursuant to the Council Rules of Procedure, as there is a request to speak on Item D, it would be placed immediately after the Consent Calendar. Councilman Wolowicz moved, seconded by Mayor Pro Tem Misetich, to approve the Consent Calendar with Item D (An Appeal of the Planning Commission's Concurrence with the Director's Interpretation Review of the Conditions of Approval of City Tree Review Permit No. 178) to be heard immediately after the Consent Calendar. The motion passed on the following roll call vote: AYES: Campbell, Misetich, Stern, Wolowicz, and Mayor Long NOES: None ABSENT: None City Council Minutes July 19, 2011 Page 2 of 15 ABSTAIN: 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 June 21, 2011 Regular Meeting. Request to Authorize the Filing of a Conditional Use Permit Revision Application by Verizon Wireless for the Addition of a Back-Up Generator for Verizon Antennae and Equipment on the City Hall Monopole Authorized the City Manager to sign the application for a Conditional Use Permit (CUP) Revision, thereby allowing Verizon Wireless to seek approval to install a new, back-up generator for its existing antennae and equipment on the monopole at City Hall. An Appeal of the Planning Commission's Concurrence with the Director's Interpretation Review of the Conditions of Approval of City Tree Review Permit No. 178 This item was removed from the Consent Calendar for separate consideration. Request to Withdraw the City's Application to the State's Land and Water Conservation Fund Program for the Abalone Cove Shoreline Park Improvement Project Staff requested that this item be removed from the agenda. Register of Demands ADOPT RESOLUTION NO. 2011-51, 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 THE CONSENT CALENDAR: An Appeal of the Planning Commission's Concurrence with the Director's Interpretation Review of the Conditions of Approval of City Tree Review Permit No. 178 City Council Minutes July 19, 2011 Page 3 of 15 City Attorney Lynch reported that staff has prepared a resolution for this item commemorating Council's action at the July 5, 2011 Council meeting. Robert Hoskins, Rancho Palos Verdes, stated that the resolution for Council's approval did not reflect the Council's action from the previous meeting, noting that there was direction to staff to include an expenditure of$30,000 for a beautification plan. City Attorney Lynch explained that the speaker was referencing another tree permit that Council took action on at the July 5, 2011 meeting. Cindy Hall, Rancho Palos Verdes, inquired as to the plan for tree replacement, repair of sidewalks and streets, and the process for the removal of the trees and roots prior to the planting of the new trees. Deputy Director of Public Works Odom explained the process regarding the removal of the trees, repair of sidewalks, curbs and streets, and replacement of trees in the Berry Hill neighborhood. Councilman Stern moved, seconded by Councilman Wolowicz, to approve staff recommendation to: ADOPT RESOLUTION NO. 2011-52, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, THEREBY DISMISSING THE APPEAL OF THE PLANNING COMMISSION'S CONCURRENCE WITH THE DIRECTOR'S INTERPRETATION REVIEW THAT ADDITIONAL TRIMMING OF THE TREES RELATED TO CITY TREE REVIEW PERMIT NO. 178 WAS NECESSARY, SINCE THE TREES SUBJECT TO THE APPEAL WILL BE REMOVED AS A RESULT OF THE JULY 5, 2011 CITY COUNCIL DECISION ON CITY TREE REVIEW PERMIT 2008-00031. The motion passed on the following roll call vote: AYES: Campbell, Misetich, Stern, Wolowicz, and Mayor Long NOES: None ABSENT: None ABSTAIN: None PUBLIC HEARINGS: Transfer of Community Development Block Grant Funds from the City of Rolling Hills 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 the item. Councilman Campbell moved, seconded by Councilman Stern, to waive the staff report. City Council Minutes July 19, 2011 Page 4 of 15 Without objection, Mayor Long so ordered. Mayor Long declared the public hearing open, and as there we no requests to speak on the matter, he declared the public hearing closed. Councilman Stern moved, seconded by Councilman Wolowicz, to approve the staff recommendation to: 1) Accept the transfer of$25,732 in Community Development Block Grant (CDBG) Funds for FY 2011-2012 from the City of Rolling Hills; 2) ADOPT RESOLUTION NO. 2011-53, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING AND AUTHORIZING AN ASSIGNMENT AGREEMENT BETWEEN THE CITY OF ROLLING HILLS AND THE CITY OF RANCHO PALOS VERDES REGARDING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FY 2011-2012 ("AGREEMENT"); 3) Authorize the City Manager and City Clerk to execute the Agreement with the City of Rolling Hills; and, 4) ADOPT RESOLUTION NO. 2011-54, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2011-44, THE BUDGET APPROPRIATION FOR FY 2011-12, FOR A BUDGET ADJUSTMENT OF $25,732 TO THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT FUND. The motion passed on the following roll call vote: AYES: Campbell, Misetich, Stern, Wolowicz, and Mayor Long NOES: None ABSENT: None ABSTAIN: None REORDER OF AGENDA ITEMS: Councilman Campbell suggested that a reordering of agenda items take place based on the number of speakers present to speak on each item. City Clerk Morreale reported on the number of speakers for each Public Hearing item. Councilman Wolowicz moved, seconded by Councilman Campbell, to reorder the items in the following order: Item 2, 4, 5, 3, and 6. Without objection, Mayor Long so ordered. Consideration of a Proposed Code Amendment to Eliminate the Current Program that Allows Non-Commercial Organizations to Place Temporary Special Event Banners in the City's Rights-of-Way [Continued from May 17, 2011] City Council Minutes July 19, 2011 Page 5 of 15 City Clerk Morreale reported that notice of the public hearing was duly published, written protests included in the staff report and late correspondence distributed prior to the meeting, the public hearing was continued from the May 17, 2011 Council meeting, and there were 6 requests to speak regarding the item. Assistant Planner Harwell provided a brief staff report regarding the item. Discussion ensued between Council Members and staff. John Freeman, Pacific View Homeowners Association (HOA), Rancho Palos Verdes, stated that there needs to be a balance between the need for non-profit organizations to advertise their events and the General Plan requirement to preserve, protect and enhance the City's natural resources, including parks. He recommended that temporary banner signs be removed from parks and staff be directed to identify several locations for the placement of temporary banner signs in areas such as the Peninsula Center, Western Avenue commercial center, and Malaga Cove. Eileen Hupp, President and CEO, Palos Verdes Peninsula Chamber of Commerce, Rancho Palos Verdes, stated that the local non-profit organizations rely heavily on the placement of temporary banners to advertise their events which then generates tax revenue for the City. She stated that the Chamber of Commerce requests the City to consider the regulation of the size, appearance, and location of the banners similar to the program in the City of Rolling Hills Estates to continue to allow the promotion of non-profit organizations. Mary Jane Schoenheider, Palos Verdes Concours, Palos Verdes Estates, stated that the City should return to the previous temporary banner program, which regulated the size, color, wording and artwork of the banners. She requested a return to the old policy allowing only local non-profit organizations with events open to the public the permission to post their banners for a specific time period. Jane Jones, Friends of the Library, Rancho Palos Verdes, stated that she is in favor of the community supporting its non-profit organizations by allowing the continuance of the temporary banner sign program. She urged the Council to approve the banners with appropriate regulations regarding size, color, and length of time for posting the banners. Sharon Yarber, Rancho Palos Verdes, stated that she supported the continuance of the temporary banner sign programs in the City with regulations governing the program. Susan Brooks, Rancho Palos Verdes, stated that she urged the Council to uphold the Planning Commission decision regarding this matter, noting that the City Council Minutes July 19, 2011 Page 6 of 15 non-profit organizations are the backbone of the community. She noted that she believed the banner program should also be continued at the park sites. Councilman Wolowicz moved, seconded by Mayor Long, to adopt the Planning Commission's recommendation to preserve the existing ordinance regarding the temporary banner sign program with the following additions: 1) a maximum number of signs at one area at one time to be limited to two on a first come, first served basis; and, 2) instructed staff to identify suitable locations for the placement of temporary banners. Council discussion ensued. A member of the public submitted a late speaker slip regarding this item, and since the public hearing was not closed, Council decided to allow the request to speak on the item. Jackie Crowley, Rancho Palos Verdes, stated that the current temporary banner program has worked well in the City's rural community and urged the continuance of the program. Mayor Long declared the public hearing closed. The motion passed on the following roll call vote: AYES: Campbell, Misetich, Stern, Wolowicz, and Mayor Long NOES: None ABSENT: None ABSTAIN: None RECESS AND RECONVENE: Mayor Long called a brief recess from 8:48 P.M. to 8:59 P.M. Revision "TT" to the Trump National Golf Course Project— Proposed Ficus Hedge City Clerk Morreale reported that notice of the public hearing was duly published, written protests included in the staff report and late correspondence distributed prior to the meeting, and there were 9 requests to speak regarding the item. Deputy Community Development Director Pfost provided a staff report regarding the item. Discussion ensued between Council Members and staff. Mayor Long declared the public hearing open. City Council Minutes July 19, 2011 Page 7 of 15 Peter Von Hagen, Rancho Palos Verdes, stated that the ficus was not the correct plant for the site and the application should be denied as even the hedges at the northerly location would have a significant impact on the view from the trails. Jill Martin, Legal Counsel for applicant, VH Property Corporation, Rancho Palos Verdes, stated that the application before the Council was not the same as that in 2007 and that they have worked with City staff to come to a compromise. She provided a PowerPoint presentation reviewing the previous development for the golf course and explaining the reasons behind the Trump organization's selection of the ficus tree as a privacy wall during golfing, lessons, etc. She noted that although there was not currently an issue, the ficus trees would add a natural barrier as an additional benefit of safety. She stated that native species will not grow together to create a privacy wall and drought tolerant plants will have a different watering schedule than the rest of the golf course, and therefore the ficus would be a better species. Jacqueline Mathis, Rancho Palos Verdes, stated that she has ficus trees in her yard that grow very large and noted she would not want her view obstructed by ficus trees. Ken Dyda, Rancho Palos Verdes, stated that the Council spent a great deal of time preparing the conditions of approval for the Trump National Golf Course. He stated that ficus trees were not the only option for providing privacy, noting drought tolerant shrubs can be used to accomplish the same goals, and he recommended against amending the Conditions of Approval. Chip Zelt, Rancho Palos Verdes, stated that the ficus hedges should not be on the top of the westerly berm and suggested that Trump National Golf Course consider lowering the tee boxes on the easterly side of the golf course. He noted that the proposed northerly hedges would obstruct the views of Catalina Island from the trails and reported that the Trump organization should have to adhere to the mitigation measures agreed upon when the driving range was built instead of homes. Richard Meyer, Rancho Palos Verdes, stated that maintaining a view from one's home is an important part of property ownership on the Peninsula; ficus trees grow like weeds, and would be a maintenance and City problem; and the proposed ficus hedges will obstruct the views from homes and public trails. Jessica Leeds, Rancho Palos Verdes, stated that there is already view impairment from the driving range since a berm was raised to create a bowl for the driving range. She read from a letter dated May 2005 by Vincent Stellio, in which he requested the support of the home owners in the neighborhoods adjacent to the Trump property for the then proposed driving range, in exchange for the Trump organization not building homes at that location while increasing the view for the neighbors. She noted that the proposed ficus hedges will impair views from the homes and the public trails. City Council Minutes July 19, 2011 Page 8 of 15 Lowell Wedemeyer, Rancho Palos Verdes, stated that the Lowe organization has been an example of a good neighbor to the community, while other developers have not been such good neighbors. He opined that a basic principle called "unclean hands" could be used in this situation to take into account prior bad conduct of an organization. Susan Brooks, Rancho Palos Verdes, provided history regarding the Trump National property and stated that the Council was pleased when Mr. Trump purchased this property, but noted that in the ensuing years there have been problems. She stated that the proposed ficus hedge would obstruct views and suggested that there were ways to resolve these issues. Sue Soldoff, Rancho Palos Verdes, stated that she does not believe the ficus trees would be tall enough to offer shade and the primarily surface watering will cause the ficus trees to develop massive roots which will cause destruction of the golf course and the areas where they would be planted. Jabe Kahnke, Rancho Palos Verdes, provided a history of the view impact issues of the project by the initial developers and stated that the view impact is significant. He noted that the ficus trees that are boxed have rooted in the ground; there was not an issue regarding privacy; and the plants along the side of the golf course could be drought tolerant native plants. Jill Martin, Legal Counsel, VH Property Corporation, Rancho Palos Verdes, in rebuttal stated that the application before Council was not the same application that was presented in the past; the driving range was still a win-win situation; and the impact on the views with the proposed hedges was much less significant than originally proposed. She stated that the golf course experts will make certain that the ficus trees do not cause damage to the golf course property and will be maintained to look beautiful. Council and staff discussion continued. Mayor Long declared the public hearing closed. Councilman Stern moved, seconded by Councilman Wolowicz, to deny the Applicant's request for the proposed southerly ficus hedge, deny the Applicant's request for the proposed northerly ficus hedge, and direct Staff to bring back the appropriate resolutions memorializing this decision to the next City Council meeting. The motion passed on the following roll call vote: AYES: Misetich, Stern, Wolowicz, and Mayor Long NOES: Campbell ABSENT: None ABSTAIN: None City Council Minutes July 19, 2011 Page 9 of 15 City Attorney Lynch noted that staff would return with a resolution commemorating Council's decision at the next meeting. RECESS AND RECONVENE: Mayor Long called a brief recess from 10:35 P.M. to 10:47 P.M. Request to Eliminate a 1991 Condition of Approval, thereby Allowing New Railing to Remain at the Perimeter of an Existing Deck for the Property Located at 28105 Golden Meadow (Case No. ZON2010-00386) [Continued from April 5, 2011] City Clerk Morreale reported that notice of the public hearing was duly published, written protests included in the staff report and late correspondence distributed prior to the meeting, the public hearing was continued from the April 5, 2011 Council meeting, and there were 6 requests to speak regarding the item. Councilman Stern disclosed that he reviewed the video from the previous public hearing since he was not present at that meeting, and noted that he visited the property this past weekend. Mayor Pro Tem Misetich disclosed that he visited the site prior to this evening's meeting. Associate Planner Mikhail provided a summary staff report regarding the item. Discussion ensued between Council Members and staff. Sil Orlando, applicant, Rancho Palos Verdes, stated that he was seeking a revision to the replacement of the deck railing to prevent future damage to his home. He noted that the previous location of the deck railing caused over $70,000 of water damage involving the deck and interior of the family room. He reported that plans were approved and the work permitted and inspected; and stated that there is not a privacy issue regarding the deck. He noted that Mr. Chang has not permitted them to trim the trees in their view, although they have been allowed to do so in the past. He appealed to the City to grant the variance to allow the railing to stay in place. Adriana Orlando, co-applicant, Rancho Palos Verdes, stated that they placed the railing at the edge of the deck to make their deck safe. She stated that they had costly damage in the room below the deck during a rainy season and they constructed the railing for the safety, noting that they rarely stand at the edge of the deck. She read from their contractor's letter, Coastline Contractors, who repaired the deck and provided specifics of the construction of the deck. Gary Chang, Palos Verdes Estates, stated that in late spring of last year he noted his neighbors having a party on their deck and his lack of privacy. He commented on the City Council Minutes July 19, 2011 Page 10 of 15 original condition regarding the location of the deck railing. He opined that as a structural engineer he was concerned regarding the safety of the added load on the deck. Cathy Chang, Palos Verdes Estates, stated that for one year she has had to endure stress and anguish regarding the illegal deck railing at the edge of the deck encroaching on their backyard. She noted the application should be denied due to structural issues, devaluation of their property, and the privacy impact on their home and backyard. Winston Chang, Palos Verdes Estates, stated that the problems only began once the deck railing was placed at the edge of the deck; they have trimmed the trees at their home twice when asked to do so in the last 30 years; and noted most recently that additional trimming of their trees would be dependent on the decision regarding the deck railing. He stated that the conditions of approval which were applied to the deck in 1991, was to allow the development of the property with the compromise of placing the deck balcony railing 10 feet back from where the railing is currently placed. He commented that two mistakes should not conclude in the approval of the deck railing at its current location. Ronald Buss, Palos Verdes Estates, provided history of the original appeal regarding the placement of the deck railing in 1991 and noted that the location of the current deck railing was an invasion of his and Mr. Chang's property, and a visual blight from his home. Sil Orlando, applicant, Rancho Palos Verdes, in rebuttal stated that the original railing had a gate that allowed access to the edge of the deck. He stated that they have never had a party on the edge of the deck, but suggested as a compromise, a retractable belt to be placed 10 feet back on the deck, to be used during any time that people are on the deck. Adriana Orlando, applicant, Rancho Palos Verdes, in rebuttal stated that they never use the deck for a party since the deck is off of their bedroom. She noted that the value of her home has decreased due to the view obstruction caused by the Chang's property The Public Hearing was held on this matter and at the conclusion of the public hearing the following motions were made. Mayor Pro Tem Misetich moved, seconded by Mayor Long, to grant the deck owner's request to eliminate Condition No. 5 of City Council Resolution No. 91-44, thereby allowing the applicant to retain the deck railing at its current location at the deck edge. Councilman Campbell offered a substitute motion, seconded by Councilman Wolowicz, to adopt the staff recommendation to deny the deck owner's request to eliminate Condition No. 5 of City Council Resolution No. 91-44, thereby requiring the applicant to move the deck railing from its current location at the deck edge to a location City Council Minutes July 19, 2011 Page 11 of 15 approximately 10 feet away from the deck edge as required by the original 1991 City Council decision. The substitute motion failed on the following roll call vote: AYES: Campbell and Wolowicz NOES: Misetich, Stern, and Mayor Long ABSENT: None ABSTAIN: None The main motion passed on the following roll call vote: AYES: Misetich, Stern, and Mayor Long NOES: Campbell and Wolowicz ABSENT: None ABSTAIN: None City Attorney Lynch noted that staff would return with a resolution commemorating Council's action at the next Council meeting. RECESS AND RECONVENE: Mayor Long called a brief recess from 11:42 P.M. to 11:48 P.M. Public Hearing —Water Quality and Flood Protection Program —Annual User Fee Rate — FY 11-12 City Clerk Morreale reported that notice of the public hearing was duly published, no written protests received, and there was 1 request to speak regarding the item. Mayor Long declared the public hearing open. Director of Finance/IT McLean provided a brief staff report regarding this item. Council discussion ensued. Jack Curtis, Oversight Committee for Water Quality Flood Protection Program (Oversight Committee), Rancho Palos Verdes, stated that the enormity of the storm drain problem was not originally understood by the Oversight Committee when they first began their tasks. He stated that the Oversight Committee has reviewed the budgeting and expenditures of the storm drain projects which have been an appropriate use of the fees collected. He noted that storm drain projects should remain a high priority in the Capital Improvement Plan and projects that have been identified to date will far exceed the monies collected by the City as part of the Storm Drain User Fee. City Council Minutes July 19, 2011 Page 12 of 15 Mayor Long declared the public hearing closed. Council Members expressed their appreciation of the work the Oversight Committee has done for many years. Councilman Stern moved, seconded by Councilman Wolowicz, to adopt the staff and Oversight Committee's recommendation to: 1) Receive, review and file the independent Water Quality and Flood Protection Program Annual Report, dated May 25, 2011, prepared by the Oversight Committee for the storm drain program; 2) Conduct a public hearing pursuant to Health and Safety Code Section 5473.2 and Section 3.44.40 of the Rancho Palos Verdes Municipal Code on July 19, 2011 on the Annual Report prepared by Harris &Associates, the Annual Report prepared by the Oversight Committee and information provided by Staff, and determine to collect the Storm Drain User Fee (the "Fee") for FY11-12, at the rate per Equivalent Residential Unit ("ERU") for FY11-12; 3) At the conclusion of the Public Hearing determine the absence of a majority protest; and, 4) Determine that the rate per ERU for FY11-12 shall be $92.53 as set forth in the Annual Report, and ADOPT RESOLUTION NO. 2011-55, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, FINALLY ADOPTING A REPORT, AS FILED, IN CONNECTION WITH THE STORM DRAIN USER FEE ESTABLISHED PURSUANT TO CHAPTER 3.44 OF THE RANCHO PALOS VERDES MUNICIPAL CODE; DETERMINING THE AMOUNT OF SUCH FEE FOR FY11-12; AND ORDERING THAT SUCH FEE BE COLLECTED ON THE COUNTY OF LOS ANGELES TAX ROLL FOR FY11-12. The motion passed on the following roll call vote: AYES: Stern, Wolowicz, and Mayor Long NOES: Campbell ABSENT: None ABSTAIN: Misetich Abalone Cove Sewer Service Charge City Clerk Morreale reported that notice of the public hearing was duly published, written protests included in the staff report and there were no requests to speak regarding the item. Councilman Stern moved, seconded by Mayor Long, to waive the staff report. Without objection, Mayor Long so ordered. Mayor Long declared the public hearing open, and as there were no requests to speak, declared the public hearing closed. Director of Public Works Holland stated in a response to Council discussion that staff City Council Minutes July 19, 2011 Page 13 of 15 has engaged Harris and Associates to review and address a funding plan for City-wide sewer infrastructure needs, including those in Abalone Cove. Councilman Stern moved, seconded by Councilman Wolowicz, to adopt the staff recommendation to: 1) Conduct the public hearing on the proposed levy of the annual sewer service charge for the Abalone Cove Sewer System for Fiscal Year 2011/12; and, 2) ADOPT RESOLUTION NO. 2011-56, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, APPROVING A REPORT IN CONNECTION WITH THE SEWER SERVICE CHARGE ESTABLISHED PURSUANT TO CHAPTER 13.06 OF THE RANCHO PALOS VERDES MUNICIPAL CODE, DETERMINING THE AMOUNT OF SUCH CHARGE FOR FISCAL YEAR 2011/12, AND ORDERING THAT SUCH CHARGE BE COLLECTED ON THE TAX ROLL. The motion passed on the following roll call vote: AYES: Stern, Wolowicz, and Mayor Long NOES: Campbell and Misetich ABSENT: None ABSTAIN: None REGULAR BUSINESS: Recruiting for Position Vacancies City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding this item. Councilman Campbell moved to waive the staff report. Without objection, Mayor Long so ordered. Councilman Campbell presented a brief report regarding this item. Councilman Campbell moved, seconded by Mayor Pro Tern Misetich, to proceed with the recruitment of the positions under the new to-be-determined Second Tier Pension Plan and conduct a wide reaching recruitment to include the possibility of hiring full- time, municipal, non-Cal PERS, contracted employees. Discussion ensued between Council Members and staff. Mayor Long moved a substitute motion, seconded by Councilman Stern, to proceed with recruiting in due course and if it is in the City Manager's best judgment to delay the recruitment until the new Second Tier Pension Plan is in place that action shall be taken, yet if the appropriate candidate is found, an offer of employment should be made under the current pension program. City Council Minutes July 19, 2011 Page 14 of 15 The motion passed on the following roll call vote: AYES: Misetich, Stern, Wolowicz, and Mayor Long NOES: Campbell ABSENT: None ABSTAIN: None CITY COUNCIL ORAL REPORTS: Mayor Long presented each Council Member with a book titled "The Conservative Assault on the Constitution." The remainder of the City Council Oral Reports was deferred to the next Council meeting. CLOSED SESSION REPORT: City Attorney Lynch reported on the following Closed Session items: 1) With respect to the first item regarding the Monks case, a report was provided and no action taken; 2) With respect to the second item regarding the Enstedt case, a report was provided and no action taken; 3) With respect to the third item regarding the VH Property Corporation case, a report was provided and no action taken; and, 4) With respect to the fourth Closed Session item, a report was provided and Council decided to continue the item to the Closed Session at the next meeting, with Councilman Stern dissenting. ADJOURNMENT: At 12:51 A.M., Mayor Long adjourned the meeting. Mayor Attest: 1/ 1 09, I City Clerk W:\City Council Minutes\2011\20110719 CC MINS.doc City Council Minutes July 19, 2011 Page 15 of 15