This agenda has been prepared to provide for the orderly progression of City business. Detailed staff reports on specific items are posted in the hallway for public viewing. The City Council wants hear your comments, however, to run the meeting efficiently, please observe the following rules when you participate in the meeting:
Please try to submit your REQUEST TO ADDRESS THE CITY COUNCIL form to the City Clerk prior to the start of the meeting. You will be called at the appropriate time to make your remarks. The City Clerk cannot accept any request submitted after the start of the second speaker's comment on any item.
Regardless of the number of items you wish to address, you will be limited to ten minutes for the entire meeting. If you participate in a noticed public hearing, however, the time you take to make your comments will not be counted against the ten minute limitation.
For the sake of efficiency, the City Council agenda is divided into several sections: Consent Calendar: This section consists of routine items which, unless a request has been received from the public, council or staff to remove a particular item for discussion, are enacted by one motion of the City Council. If you wish to speak to any Consent Calendar item(s) you will be limited to five minutes. Public Hearings: This section is devoted to noticed hearings; the length of time you get to speak during these hearings is frequently determined by the number of speakers on the item. Generally, you will be allowed three minutes unless the Mayor announces otherwise. Regular Business: This section contains items of general business and you will be allowed three minutes to speak on any item.
Audience Comments: This part of the agenda is limited to 15 minutes and is reserved for making comments on matters which are NOT on the agenda. If you have submitted a request to speak, you will be called by the City Clerk at the appropriate time and you may speak for up to three minutes. Please limit your comments to matters within the jurisdiction of the City Council. Due to State law, no action can be taken on matters brought up under Audience Comments. If action by the City Council is necessary, the matter may be placed on a future agenda or referred to staff, as determined by Council.
Please make your remarks at the lectern microphone and direct your comments to the City Council and not to the staff or the public.
Conduct At the Council Meeting: The City Council has adopted a set of rules for conduct during City Council meetings. The following is an excerpt from those adopted Rules of Procedure:
Section 6.3 The Mayor shall order removed from the Council Chambers any person(s) who commit the following acts at a regular or special meeting of the City Council:
1. Disorderly, contemptuous or insolent behavior toward the Council or any member thereof, tending to interrupt the due and orderly course of said meeting.
2. A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting.
3. Disobedience of any lawful order of the Mayor which shall include an order to be seated or to refrain from addressing the Council.
4. Any other unlawful interference with the due and orderly course of the meeting.
RANCHO PALOS VERDES CITY COUNCIL
DECEMBER 16, 1997
FRED HESSE COMMUNITY PARK, 29301 HAWTHORNE BOULEVARD
6:00 P.M. CLOSED SESSION. See attached Brown Act Checklist.
7:00 P.M. REGULAR SESSION
CALL TO ORDER:
FLAG SALUTE: NEXT RESOL. NO. 97-110
NEXT ORD. NO. 330
APPROVAL OF AGENDA:
APPROVAL OF CONSENT CALENDAR:
1. Minutes of the November 5 Council Meeting, and the November 18, 1997 Dangerous Dog Hearing. (Purcell)
Recommendation: Approve the minutes.
2. Notice of Completion - McCarrell Canyon. (McBride)
Recommendation: 1. Accept the work as complete; 2. Authorize the City Clerk to file a Notice of Completion with the County Recorder; and if no claims are filed 35 days after recordation, and upon the contractor posting an acceptable warranty bond, notice the surety company of the exoneration of the Payment and Performance bonds; and 3. Authorize the Finance Director to release the 10% retention payment 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.
3. Amendment to tree trimming contract with Golden Bear Arborists. (Evans)
Recommendation: Approve the amended agreement with Golden Bear Arborists, Inc for tree maintenance and authorize the Mayor and City Clerk to execute the contact.
4. Commercial refuse and collection agreement amendment to extend existing contracts. (Evans)
Recommendation: Authorize the Mayor and the City Clerk to execute Amendment Number Three to the Agreements for Nonexclusive Commercial Refuse Collection and Disposal Services with Rapidway Disposal (Formerly Angelus-Hudson, Inc.), Browning-Ferris Industries (BFI), Ivy Rubbish Disposal, Waste Management of Los Angeles and Western Waste Industries, and execute Amendment Number One to the Agreement with OK Rubbish Service Company to extend the above-mentioned nonexclusive franchises through December 31, 1997.
5. Establishment of various traffic regulations. (Allison)
Recommendation: 1. ADOPT RESOLUTION 97- ; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING STOP REGULATIONS AT THE INTERSECTION OF AVENIDA ESTUDIANTE AND MONTEREINA DRIVE; AND 3. ADOPT RESOLUTION 97- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING TURNING REGULATIONS ON CRESTRIDGE ROAD AT CRESTRIDGE DRIVE.
6. Award a Contract for the Construction of Street Improvements for Federal Project STPL-5413 (002) [9721 & 9722] and City Project 9720 (1. Palos Verdes Drive East - Colt to Ganado  2. Montemalaga - Silver Spur to the West City Limit  3. Palos Verdes Drive East from Miraleste Drive to Colt Road ) (McBride)
Recommendation: 1. Award a contract for the construction of street improvements on 1. Palos Verdes Drive East from Ganado to Miraleste Drive (9721 - STPL-5413 (002)), 2. Montemalaga from Silver Spur Road to the West City limit (9722 - STPL - 5413 (002)), and 3. Palos Verdes Drive East from Miraleste Drive to Colt Road (9720) to Excel Paving Company for the price of $1,156,270.80; and authorize staff to spend an additional $113,729.20 for contingencies for a total authorization of $1,270,000.00; 2. Authorize the Mayor and City Clerk to execute a contract with Excel Paving Company; and, 3. ADOPT RESOLUTION NO. 97 - ____ A BUDGET ADJUSTMENT TO APPROPRIATE ADDITIONAL FUNDING TO THE CITY'S CAPITAL IMPROVEMENT PROJECT FUND BY TRANSFERS FROM THE CITY'S LANDSCAPING AND STREET LIGHTING FUND ($ 64,054), AND STREET IMPROVEMENT/TRANSIT (PROPOSITION C) FUND ($188,517); in addition appropriate the additional funding received from the City of Rolling Hills in the amount of $ 9,508 (Proposition C) and $24,386 (ISTEA) to the Capital Improvement Project fund account 330-930-560-21-82 for use on Palos Verdes Drive East from Ganado to Miraleste Drive.
7. Mortgage Credit Certification (MCC) Program - Cooperative Agreement with the County of Los Angeles. (Pfost)
Recommendation: ADOPT RESOLUTION NO. 97-__, CONTINUING THE CITY'S PARTICIPATION IN THE MORTGAGE CREDIT CERTIFICATE PROGRAM IN COOPERATION WITH THE COUNTY OF LOS ANGELES FOR YEARS 1998, 1999, AND 2000.
8. Recordation of conservation easements on portions of the Shoreline Park and Palos Verdes Drive East switchback properties in conjunction with the Ocean Trails project. (Petru)
Recommendation: Approve the recordation of the conservation easement and authorize the Mayor and City Clerk to execute conservation easements on the Shoreline Park and Palos Verdes Drive East switchback properties in order to satisfy the requirements of the habitat conservation plan (HCP) approved for the Ocean Trails project.
9. Agreements for: 1) Environmental Consulting Services Between the City and Robert Bein, William Frost & Associates for Environmental Documentation of Specific Plan No. 9, and associated applications, for a mixed use golf course / hotel project; and 2) Payment of Environmental Analysis Costs for the Proposed Specific Plan Between the City and Project Applicant, York Long Point Associates. The project site is the Long Point (former Marineland) site at 6610 Palos Verdes Drive South and additional properties. (Snow)
RECOMMENDATION: 1. Approve the Agreement for Environmental Consultant Services between the City and Robert Bein, William Frost & Associates, and authorize the Mayor to execute the agreement; and 2. Approve the Agreement to Pay Environmental Analysis Costs for a Proposed Specific Plan with Related Cases between the City and York Long Point Associates, and authorize the Mayor to execute the agreement.
10. Resol. No. 97- - Register of Demands. (McLean)
Recommendation: Adopt Resol. No. 97- .
# # # # # # #
11. Appeal of Height Variation No. 750 - Revision "C" and Variance No. 350 - Revision "B" (Appellants: "Concerned Bendigo Neighbors", Applicants: Earl and Sharon Gantz, 3558 Bendigo Drive). (Petru)
Recommendation: 1. ADOPT RESOLUTION NO. 97- ; UPHOLDING THE APPEAL, AND APPROVING HEIGHT VARIATION NO. 750 - REVISION "C" FOR A MODIFIED PROJECT TO LEGALIZE THE ADDITIONAL EXISTING SQUARE FOOTAGE THAT HAS BEEN ADDED TO THE SECOND STORY ADDITION AND COMPLETE THE GARAGE, SUBJECT TO CONDITIONS; AND, 2. ADOPT RESOLUTION NO. 97- ; DENYING THE APPEAL AND APPROVING VARIANCE NO. 350 - REVISION "B", FOR THE EXISTING GARAGE TO ENCROACH AN ADDITIONAL 9 INCHES INTO THE REQUIRED 20 FOOT FRONT YARD SETBACK AREA FOR A MINIMUM SETBACK OF 13 FEET 6 INCHES.
12. Establishment of an affordable Housing Impact Fee for Non-Residential Development. (Pfost)
Recommendation: Review the four options in establishing a non-residential development impact fee, select one option, and continue this item to a date certain to allow staff time to prepare the proper resolution.
13. Award of Bid for a Radio Communications System. (Evans)
Recommendation: 1. Award the contract for the Radio System Procurement and Installation to NIDA Companies of La Cresenta for the amount of $36,953.99; authorize staff to spend up to an additional $3,373.73 for contingencies; and authorize the Mayor and City Clerk to execute the contract.
14. Vicious Dog Determination Appeal. (Park)
Recommendation: Direct staff to schedule the appeal hearing for either the second Council meeting in January at 6:00 p.m. or at a date and time of the Council's choice.
15. Scheduling of workshop date for five year capital Improvement plan. (Evans)
Recommendation: Set a date for a Workshop Session to review and discuss the Proposed Five Year Capital Improvement Plan.
16. City Council Committee Assignments. (Park)
Recommendation: Appoint Councilmembers to the various committees and organizations for 1998.
17. Clarification of the City Council's direction to place a hold on all new View Restoration Commission (VRC) decisions. (Rojas)
Recommendation: Authorize the VRC to adopt the pending resolution for View Restoration Permit No. 42.
18. Reduction of Grading Bonds Tract 50666/50667 - Ocean Trails. (Evans)
Recommendation: Approve a modification of the conditions of approval of Conditional Use Permit No. 162 and Grading Permit No. 1541 allowing the Developer to reduce the total amount of Improvement Bonds initially required from $21,859,603 to $6,352,543 and authorize the City Manager to execute a Grading Improvement Agreement.
ORAL CITY COUNCIL REPORTS: (This section designated to oral reports from councilmembers who wish/need to report on Council assignments.)
PUBLIC COMMENTS: (This section of the agenda is for audience comments on items NOT on the agenda; each speaker is limited to three minutes.)
ADJOURNMENT: Adjourn to January 5, 1997 at 7:00 P.M. for interview of Planning and View Restoration Candidates. Said meeting to be held in the Fireside Room, Hesse Park.
CLOSED SESSION AGENDA CHECKLIST
Based on Government Code Section 54954.5
(All Statutory References are to California Government Code Sections)
CONFERENCE WITH LEGAL COUNSEL
The City Council/Agency finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the local agency in the litigation.
Name of Case: Ortolano v. Diamond Brothers
Names of Parties or Names of Claimants
Case No. L.A.S.C. BC174759
Initiation of Litigation:
1 (Number of Potential Cases)
(State Underlying Facts and Circumstances)
Code Enforcement Case at 26708 Indian Peak Road re illegal antenna.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
Specify Position Title of Employee Being Reviewed