RPVCCA_CC_DM_2011_08_02_B_DRAFT_CC_MINS_20110719DRAFT
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.
Draft City Council Minutes
July 19,2011
Page 1 of 15
B-1
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 Sheriffs Station
website.
Director of Finance/lT 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:
NOES:
ABSENT:
Campbell,Misetich,Stern,Wolowicz,and Mayor Long
None
None
Draft City Council Minutes
July 19,2011
Page 2 of 15
B-2
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
Draft City Council Minutes
July 19,2011
Page 3 of 15
B-3
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.
l
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 'Norks 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:
NOES:
ABSENT:
ABSTAIN:
Campbell,Misetich,Stern,Wolowicz,and Mayor Long
None
None
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.
Draft City Council Minutes
July 19,2011
Page 4 of 15
B-4
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:
NOES:
ABSENT:
ABSTAIN:
Campbell,Misetich,Stern,Wolowicz,and Mayor Long
None
None
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]
Draft City Council Minutes
July 19,2011
Page 5 of 15
B-5
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
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July 19,2011
Page 6 of 15
B-6
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:
NOES:
ABSENT:
ABSTAIN:
Campbell,Misetich,Stern,Wolowicz,and Mayor Long
None
None
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 th~t 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.
Draft City Council Minutes
July 19,2011
Page 7 of 15
B-7
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 Zeit,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 ~he 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.
Draft City Council Minutes
July 19,2011
Page 8 of 15
B-8
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:
NOES:
ABSENT:
ABSTAIN:
Misetich,Stern,Wolowicz,and Mayor Long
Campbell
None
None
Draft City Council Minutes
July 19,2011
Page 9 of 15
B-9
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,nqting 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
Draft City Council Minutes
July 19,2011
Page 10 of 15
B-10
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 cu rrent 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 thatthe 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
Draft City Council Minutes
July 19,2011
Page 11 of 15
B-11
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:
NOES:
ABSENT:
ABSTAIN:
Campbell and Wolowicz
Misetich,Stern,and Mayor Long
None
None
The main motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Misetich,Stern,and Mayor Long
Campbell and Wolowicz
None
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 $tated 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.
Draft City Council Minutes
July 19,2011
Page 12 of 15
B-12
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:
NOES:
ABSENT:
ABSTAIN:
Stern,Wolowicz,and Mayor Long
Campbell
None
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
Draft City Council Minutes
July 19,2011
Page 13 of 15
B-13
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:
NOES:
ABSENT:
ABSTAIN:
Stern,Wolowicz,and Mayor Long
Campbell and Misetich
None
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 Tem 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.
Draft City Council Minutes
July 19,2011
Page 14 of 15
B-14
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Misetich,Stern,Wolowicz,and Mayor Long
Campbell
None
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:
City Clerk
W:\City Council Minutes\2011\2011 0719 DRAFT CC MINS.doc
Draft City Council Minutes
July 19,2011
Page 15 of 15
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