Agenda 09/07/1999 Agenda, RPV, City, Council, 1999, Tort, Claims RPV City Council Agenda for 09/07/1999 This agenda has been prepared to provide for the orderly progression of City business

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

SEPTEMBER 7, 1999

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:

ROLL CALL:

FLAG SALUTE:

NEXT RESOL. NO. 99-69

NEXT ORD. NO. 352

CEREMONIAL MATTER: Presentation of 25th Anniversary Video by PV on the Net.

RECYCLE DRAWING:

APPROVAL OF AGENDA:

APPROVAL OF CONSENT CALENDAR:

  1. Minutes of July 19th. (Purcell)

Recommendation: Approve the minutes as amended.

2. Composting rebate policy. (Ramezani)

Recommendation: Approve revisions to the City’s composting rebate program.

3. Request to join the City of San Francisco amicus brief regarding local power to regulate cable systems. (Petru)

Recommendation: Authorize the City Attorney to add the City of Rancho Palos Verdes to the friend-of-the-court brief being prepared by the City of San Francisco in the case of Portland v. AT&T.

4. FY 1998-99 Recycling Revenue Grant Awards (Cycle 10). (Fausto)

Recommendation: Award the following recycling grant awards: $2,299 to the Island View Homeowners Association; and a grant in the amount of $1,486 to the Island View Terrace Homeowners Association.

5. Claim against the City by John R. Hanson. (Purcell)

Recommendation: Reject the claim and direct the City Clerk to notify the claimant.

6. July 1999 Treasurer’s Report. (Burton)

Recommendation: Receive and file the July 1999 Treasurer’s Report for the City of Rancho Palos Verdes.

7. Urban Forestry tree planting program. (Allison)

Recommendation: (1) Award a contract for the Urban Forestry Tree Planting Program for City parks and public rights-of-way to West Coast Arborists, Inc., for the bid amount of $30,270; and, (2) Authorize the Mayor and the City Clerk to execute a contract with West Coast Arborists, Inc.

8. Register of Demands. (McLean)

Recommendation: Adopt Resol. No. 99-___ A RESOLUTION OF THE CITY COUNCIL 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:

9. Appeal of the issuance of a Notice and Order to Abate a Public Nuisance at 2611 Colt Road by Mr. Kent Goodrich, property owner of 2611 Colt Road. (Continued public hearing from the August 17th meeting).

Recommendation: (1) Consider the request by Mr. Bowling to continue this matter to October 19th; and, (2) If not continued, receive testimony from all interested parties and provide staff with direction regarding removal of the dumped material from Mr. Goodrich’s property and that portion that has encroached onto Mr. Bowling’s property.

 

REGULAR BUSINESS:

  1. Final Tract Map No. 50667 for the Ocean Trails Project (Ocean Trails LP). (Pfost)

Recommendation: (1) Approve the Final Tract Map and the Subdivision Agreement for Tract No. 50667 and accept dedications and easements for roadway and utility purposes, but reject dedication of open space lots and trail easements; and (2) authorize the City Clerk to sign the Final Map and authorize the Mayor and the City Clerk to sign the Subdivision Agreement.

11. Height Variance No. 450 – Resolution

Recommendation: Adopt Resol. No. 99- GRANTING THE APPEAL, THEREBY MODIFYING THE PLANNING COMMISSION’S APROVAL OF VARIANCE NO. 450, HEIGHT VARIATION NO. 883, AND SITE PLAN REVIEW NO. 8563 FOR CONSTRUCTION OF A 2,687 SQ. FT. FIRST AND SECOND STORY ADDITION WITH A MAXIMUM HEIGHT OF 20’ 10", WHICH EXCEEDS THE MAXIMUM STRUCTURE SIZE BY 25%, REDUCES THE NON-CONFORMING LOT COVERAGE FROM 58.1% TO 56%, AND INCLUDES TWO ROOF DECKS ON PROPERTY LOCATED AT 2 STALLION ROAD.

12. Draft amendments to the current view restoration and preservation guidelines. (Ursu/Nelson)

Recommendation: (1) Review the draft amendments to the View Restoration and Preservation Guidelines; (2) Direct staff to make any additional changes or revisions; (3) Forward the amendments to the View Restoration Commission for review and consideration; and, (4) Direct the Commission to forward their revisions and recommendations to the Council for consideration and adoption.

13. Request for de-annexation – Yellow Brick Road. (Evans)

Recommendation: Receive the petition and advise staff what additional information the Council would like to have prior to deciding action, if any, to take on this request.

14. Drainage improvements in Portuguese Bend. (Evans)

Recommendation: Authorize staff to coordinate a one-time trial landslide drainage improvement project in cooperation with the Portuguese Bend Homeowners Association at a cost not to exceed $10,000.

15. Salary Resolution – Position of Deputy City Clerk for Administrative Services Department. (Park)

Recommendation: Resol. No. 99-, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 99-42, CREATING A CERTAIN SALARY RANGE FOR THE POSITION OF DEPUTY CITY CLERK.

16. Long Point. (Evans)

Recommendation: Determine whether or not the Council’s direction for publicizing Councilman McTaggart’s "myths" was fulfilled b the media or whether it will be necessary to schedule a meeting for the exchange of information and opinions on the Long Point Project between the public and the Council.

17. California Regional Water Control Board requirements. (Allison)

Recommendation: Consider Councilman McTaggart’s item of discussion regarding possible additional regulations by the California Water Control Board.

18. Verbal Update on Pt. Vicente Project. (Evans)

19. Rescheduling of the September 21st meeting; or, setting a date for an adjourned meeting.

Recommendation: Consider rescheduling the September 21st meeting to another date, or adjourn that meeting to another date on or before October 1st.

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 a time and place certain only if you wish to meet prior to the next regular meeting.

CLOSED SESSION AGENDA CHECKLIST

Based on Government Code Section 54954.5

(All Statutory References are to California Government

Code Sections)

CONFERENCE WITH LEGAL COUNSEL

Anticipated Litigation:

(G.C 54956.9(b)

X 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.

2

(Number of Potential Cases)

(C) Receipt of Claim pursuant to Tort Claims Act or other written communication from

Mr. Michael Geibel by letter dated August 11, 1999.

(Name of Person or Entity)

Threatening litigation (copy available for public inspection in City Clerk's office). G.C. 54956.9b(C)

X (D) Statement made by Dan Bowling

(Name of Person)

at an open meeting of City/Agency regarding

the placement of debris on his property.

(State Nature of Specific Matter) G.C. 54956.9b(D)

Initiation of Litigation:

G.C. 54956.9(c)

1

(Number of Potential Cases)

A case involving removal of foliage to restore a view.

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