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 to 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.
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RANCHO PALOS VERDES CITY COUNCIL
AUGUST 18, 1998
FRED HESSE COMMUNITY PARK, 29301 HAWTHORNE BOULEVARD
_________________________________________________________________
6:00 P.M. CLOSED SESSION. See attached Brown Act Checklist for details.
7:00 P.M. REGULAR SESSION
CALL TO ORDER:
ROLL CALL:
FLAG SALUTE:
NEXT RESOL. NO. 98-73
NEXT ORD. NO. 340
APPROVAL OF AGENDA:
APPROVAL OF CONSENT CALENDAR:
1. Motion to waive full reading of ordinances presented at this meeting.
Recommendation: Adopt 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 councilmembers after the reading of the title.
2. Minutes of July 21, 1998. (Purcell)
Recommendation: Approve the minutes.
3. Request for Fee Waiver of the application and penalty fees for after-the-fact Encroachment Permit No. 28 and Minor Exception Permit No. 536 seeking approval for a series of pilasters within the public right-of-way adjacent to 6304 Via Ciega. (Snow)
Recommendation: Grant the applicant's request to waive the fees.
4. Award of contract for the San Ramon Storm Drain Inlet Rehabilitation Project. (McBride)
Recommendation: (1) Award a contract for the construction of the San Ramon storm drain inlet rehabilitation project to ZLR Constructors Company for the price of $24,195; and authorize staff to spend an additional $2,505 for contingencies for a total authorization of $26,700. (2) Authorize the Mayor and the City Clerk to execute a contract with ZLR Constructors Company. (3) Authorize the Director of Public Works to accept temporary and permanent rights of way from the adjacent property owners.
5. Award of contract for the Ladera Linda and Eastview Park ADA Improvement Project. (Hillstead)
Recommendation: (1) Award a contract for the construction of the Ladera Linda and Eastview Park ADA improvement projects to Ryco Construction, Inc. for the price of $88,674; and authorize staff to spend an additional $8,826 for contingencies for a total authorization of $97,500. (2) Authorize the Mayor and the City Clerk to execute a contract with Ryco Construction, Inc. (3) Adopt Resol. No. 98- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING A BUDGET ADJUSTMENT TO APPROPRIATE ADDITIONAL EXPENDITURES OF $27,100 IN THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUND.
6. Award of contract for the Ladera Linda Playground Improvement Project. (Hillstead)
Recommendation: (1) Award a contract for the construction of the Ladera Linda Playground Improvement Project to Malibu Pacific Tennis Courts, Inc. for the price of $26,800; and authorize staff to spend an additional $2,200 for contingencies for a total authorization of $29,000. (2) Authorize the Mayor and the City Clerk to execute a contract with Malibu Pacific Tennis Courts, Inc.
7. Award of contract for the construction of street improvements on Palos Verdes Drive East from Ganado Drive to Palos Verdes Drive South [9839]. (McBride)
Recommendation: (1) Award a contract for the construction of street improvements on Palos Verdes Drive East from Ganado Drive to Palos Verdes Drive South to Sequel Contractors, Inc. for the price of $578,366; and authorize staff to spend an additional $57,634 for contingencies for a total authorization of $636,000. (2) Authorize the Mayor and the City Clerk to execute a contract with Sequel Contractors, Inc. (3) Adopt Resol. No. 98- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES REQUESTING AN ALLOCATION AND PAYMENT OF COUNTY AID TO CITIES FUND. (4) Direct the City Clerk to forward a certified copy of the (ATC) allocation and funding request to the County Director of Public Works. (5) Adopt Resol. No. 98- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOL. NO. 98-47, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1998-99, FOR A BUDGET ADJUSTMENT TO THE CITY'S CAPITAL PROJECTS, AND PROPOSITION C FUNDS.
8. Waiver of the application and penalty fees for after-the-fact approval of Variance No. 436 for a wall in the front yard setback area at 1887 MacArthur Street (Lusic). (Fox)
Recommendation: Grant the applicants' request to waive the $1,140.00 application fee and the $1,140.00 penalty fee for Variance No. 436 for after-the-fact approval of a wall in the front-yard setback area at 1887 MacArthur Street.
9. Professional Service Agreements for the Abalone Cove Beach Improvement Project. (McBride)
Recommendation: (1) Approve a Professional Services Agreement with FAIA Architect, Inc. in the amount of $15,000 for Architectural Services and authorize the Mayor and the City Clerk to execute the Agreement. (2) Approve a Professional Service Agreement with Merit Civil Engineering, Inc. in the amount of $19,420 for Civil Engineering Services and authorize the Mayor and the City Clerk to execute the agreement. (3) Approve a Professional Services Agreement with Helix Environmental Planning, Inc. in the amount of $17,950 for Environmental Services and authorize the Mayor and City Clerk to execute the Agreement. (4) Authorize staff to execute a purchase order with F.T. Andrews, Inc. in the amount of $5,600 for Mechanical Engineering Services. (5) Authorize staff to execute a purchase order with GLP Karjala Associates, Inc. in the amount of $5,000 for electrical engineering services.
10. Appeal of the Planning Commission decision of Conditional Use Permit No. 195, et al, for a 122 unit assisted living facility by Marriott Senior Living Services to be located at the intersection of Crestridge and Crenshaw Boulevard (Appellant: Mr. Anthony Segreto; Applicant: Mr. Wayne Sant, Marriott Senior Living Services). (Pfost)
Recommendation: (1) Adopt Resol. No. 98- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL OF MR. ANTHONY SEGRETO AND CERTIFYING A FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE PROJECT. (2) Adopt Resol. No. 98- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING CONDITIONAL USE PERMIT NO. 195, ET AL.
11. Register of Demands. (McLean)
Recommendation: Adopt Resol. No. 98- , 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.
# # # # # # #
PUBLIC HEARING:
12. Ocean Trails Project - Revision "G" (Ocean Trails LP, 3850 Paseo del Mar, a 261 acre site located seaward of Palos Verdes Drive South, between the Portuguese Bend Club on the west and Shoreline Park on the east). (Petru)
Recommendation: (1) Consider the view analysis information presented by the developer and Seaview Homeowners Association and provide any further direction as deemed appropriate; (2) Adopt RESOLUTION NO. 98- ; APPROVING ADDENDUM NO. 6 TO ENVIRONMENTAL IMPACT REPORT NO. 36; and, (3) ADOPT RESOLUTION NO. 98- ; APPROVING CONDITIONAL USE PERMIT NO. 163 - REVISION "G" FOR THE FINAL DESIGN OF THE GOLF COURSE MAINTENANCE FACILITY.
13. Public hearing for proposed single-family residential refuse and recycling rate increase for Waste Management of Los Angeles. (Ramezani)
Recommendation: Adopt Resol. No. 98- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING A MAXIMUM SINGLE-FAMILY RESIDENTIAL REFUSE AND RECYCLING RATE FOR WASTE MANAGEMENT OF LOS ANGELES EFFECTIVE AUGUST 19, 1998.
14. Code Amendment No. 42 -- Proposed amendments to the City's existing antenna Ordinance. (Rojas)
Recommendation: Review the Planning Commission's draft Code Amendment language and provide Staff and/or Planning Commission with direction.
15. View Restoration Permit No. 50 - Appeal. Continued from June 3, 1998 Council meeting (Applicant: Mr. & Mrs. Cangemi, 30130 Avenida Tranquila; Foliage Owners: Mr. & Mrs. Duncan Walker, 30137 Avenida Tranquila). (Ursu)
Recommendation: Adopt Resol. No. 98- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AFFIRMING THE DECISION OF THE VIEW RESTORATION COMMISSION AND APPROVING VIEW RESTORATION PERMIT NO. 50 UPON FINDING THAT ALL APPLICABLE FINDINGS HAVE BEEN CORRECTLY MADE AND ALL PROVISIONS OF SECTION 17.02.040(C)(2) HAVE BEEN COMPLIED WITH.
REGULAR BUSINESS:
16. Telecommunications Regulatory Ordinance. (Petru)
Recommendation: Ordinance No. 339 OF THE CITY OF RANCHO PALOS VERDES ADOPTING A TELECOMMUNICATIONS REGULATORY ORDINANCE AND AMENDING CHAPTER 13.12 OF TITLE 13 OF THE RANCHO PALOS VERDES MUNICIPAL CODE. (This Ordinance was introduced at the August 4, 1998 Meeting).
17. General Plan Amendment initiation request for a proposed change in General Plan land use designation from Commercial Office to Commercial Retail for a vacant lot at 29941 Hawthorne Boulevard (Location: Northwest corner of Hawthorne Blvd at Crest). (Fox)
Recommendation: Approve the request to initiate an amendment to the General Plan land use designation for the site from Commercial Office to Commercial Retail.
18. Award of contract for the construction of the Lower Hesse Park Trails. (McBride)
Recommendation: (1) Award a contract for the construction of the Lower Hesse Park Trails to Thomsen Landscaping for the price of $486,000 with a "At Risk Youth" target of $45,000 (3,000 hours) included as part of this contract; and authorize staff to spend an additional $20,000 for contingencies for a total construction authorization of $506,000. (2) Authorize the Mayor and the City Clerk to execute a contract with Thomsen Landscaping. (3) Adopt Resol. No. 98- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOL. NO. 98-47, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1998-99, FOR A BUDGET ADJUSTMENT TO THE CITY'S CAPITAL PROJECTS AND ENVIRONMENTAL EXCISE TAX FUNDS. (4) RESOL. NO. 98- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM IN ASSOCIATION WITH AN ENVIRONMENTAL ASSESSMENT SCH# 98071004 FOR THE LOWER FRED HESSE PARK TRAILS, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND THE CITY'S LOCAL CEQA GUIDELINES.
19. Miraleste Recreation and Park District Appointments. (Purcell)
Recommendation: Consider the following options: (1) Appoint William M. Corcoran and Carol Swets to the Miraleste Recreation & Park District Board of Directors for a term of office until December 1999. (2) Conduct another recruitment and interview all candidates on September 1 prior to the regular City Council meeting. (3) Call for a special election which would be scheduled for early 1999.
20. Interview date for View Restoration Commission applicants. (Purcell)
Recommendation: Set a date to interview the applicants for the vacancy on the View Restoration Commission.
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 Monday, August 31 at 7:00 P.M. at Hesse Park for a Joint Meeting with the Planning Commission.
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.
Existing Litigation:
G.C. 54956.9(a)
Name of Case: Rancho Palos Verdes vs. Tumajan & Tumajan Investments
Case No. L. A. County Superior Court C 682394
CONFERENCE WITH LEGAL COUNSEL
Anticipated Litigation:
(G.C 54956.9(b)
A point has been reached where, in the opinion of the City Council/Agency on the advice of its legal counsel, based on the below-described existing facts and circumstances, there is a significant exposure to litigation against the City Council/Agency.
(B) The following facts and circumstances known to plaintiff or plaintiffs regarding (choose one and describe)
Threat of litigation regarding the Marriot project based on a letter dated August 12, 1998 from Carl Newton
(copy available for public inspection in City
Clerk's office). G.C. 54956.9b(C)
Initiation of Litigation:
G.C. 54956.9(c)
2
The City Council is meeting to consider whether to initiate litigation regarding foliage removal and regarding an illegal wall in the front yard of a property.
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