Rancho Palos Verdes City Council Agenda 08/31/2004 08/31/2004

DISCLAIMER

The following City Council agenda includes text only version of the staff reports associated with the business matters to be brought before for the City Council at its Regular Meeting of this date. Changes to the staff reports may be necessary prior to the actual City Council meeting. The City Council may elect to delete or continue business matters at the beginning of the City Council Meeting. Additionally, staff reports attachments, including but not limited to, pictures, plans, drawings, spreadsheet presentations, financial statements and correspondences are not included. The attachments are available for review with the official agenda package at the Reception area at City Hall.

...end of disclaimer...
How City Council Meetings Are Conducted

** CITY COUNCIL AGENDA

AUGUST 31, 2004 RANCHO PALOS VERDES CITY COUNCIL
AGENDA

RANCHO PALOS VERDES CITY COUNCIL

AUGUST 31, 2004

FRED HESSE COMMUNITY PARK, 29301 HAWTHORNE BOULEVARD

_________________________________

6:00 P.M. CLOSED SESSION: SEE ATTACHED BROWN ACT CHECK LIST FOR DETAILS.

7:00 P.M. REGULAR SESSION

CALL TO ORDER:

(1 min) ROLL CALL:

NEXT RESOL. NO. 2004-72

(2 min) FLAG SALUTE: NEXT ORDINANCE NO. 410

(2 min) APPROVAL OF AGENDA:

(15 min) PUBLIC COMMENTS: (This section of the agenda is for audience comments for items NOT on the agenda.)

PUBLIC HEARINGS:

1. The City’s Natural Communities Conservation Planning (NCCP) Subarea Plan. (Rojas)

1A. RESOLUTION NO. 2004

Recommendation: (1) ADOPT RESOL. NO. 2004- , CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE RANCHO PALOS VERDES NCCP SUBAREA PLAN; (2) Approve the NCCP Subarea Plan which includes the following related actions: a. Determine whether to include any portion of Grandview Park in the Reserve; and b. Approve the refined Reserve boundary line for Upper Pt. Vicente Park; and, (3) Conceptually approve the Draft NCCP Implementing Agreement, which includes the draft sub-agreement between the City and the Palos Verdes Peninsula Land Conservancy (PVPLC) for management of the proposed NCCP habitat reserve.

REGULAR NEW BUSINESS:

2. Proposed Natural Communities Conservation Plan and proposed purchase of open space fiscal impact. (McLean)

2A. Attachment A - In Kind - PDF format

2B. Attachment B - Mitigation - PDF format

Recommendation: Based upon its review of the proposed NCCP and proposed purchase of open space, the Finance Advisory Committee recommends that the City Council move forward expeditiously with the completion of the NCCP and the related land acquisition.

3. NCCP Phase 3 Contract Amendment. (Rojas)

Recommendation: Approve an amendment to the contract with the City’s NCCP consultant (URS Corporation) in an amount of $19,249 for completion of the third and final phase of the City’s NCCP.

4. Agreement between the City and V.H. Property Corporation pertaining to the City’s acceptance of open space lots within the Ocean Trails project. (Pfost)

Recommendation: Authorize the Mayor and the City Clerk to sign an agreement with V. H. Property Corporation pertaining to the acceptance of open space lots.

CLOSED SESSION REPORT:

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

American with Disabilities Act: In compliance with the Americans with Disabilities Act of 1990, if you require a disability-related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the City Clerk’s Office at 310 544-5208 at least 48 hours prior to the meeting.

NOTE: Staff reports are available for inspection at City Hall, 30940 Hawthorne Boulevard during regular business hours, 7:30 A.M. to 5:30 P.M. Monday – Thursday and 7:30 A.M. to 4:30 P.M. on Friday. The agenda and staff reports can also be viewed at Hesse Community Park, 29301 Hawthorne Boulevard during regular business hours: Monday – Friday from 9:00 A.M. until dusk; Saturday and Sunday from 10:00 A.M. until dusk.

You can also view the agenda and staff reports at the City’s website www.palosverdes.com/RPV .

CLOSED SESSION AGENDA CHECKLIST

Based on Government Code Section 54954.5

(All Statutory References are to California Government Code Sections)

Addendum to the Agenda - Conference With Real Property Negotiator 30678 Palos Verdes Drive East

Conference With Real Property Negotiator:

G.C. 54956.8

The City Council wishes to meet in closed session to give instructions to its negotiators about the terms of an amendment to the City’s franchise agreement with Cox Communications.

Property: City’s Street rights-of-way.

Negotiating Parties: Representatives from Cox Communications.

City Negotiators: Nick Miller, Gabriella Holt, Ted Vegvari, Council Members Gardiner and Stern, City Manager Les Evans and City Attorney Lynch.

Under Negotiation: Terms of franchise agreement with the City.

Existing Litigation:

G.C. 54956.9(a)

PEOPLE OF THE STATE OF CALIFORNIA; CITY OF RANCHO

PALOS VERDES vs. JAMES A. KAY, JR.

COURT OF APPEAL NO. B157393

LASC CASE #YC 037398

And

Name of Case: James M. Kay, Jr. et al., vs. City of Rancho Palos Verdes, et al

Central District

Case No. CV 02-3922-DSF

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

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

G.C. 54956.8

Potential purchase of open space.

Property: Filiorum 7572-012-024, 7572-012-028, 7572-012-029,

7573-003-016, 7581-023-031, 7581-023-029, 7572-002-022

City Negotiators: City Manager; City Attorney; and, Director of Planning, Building and Code Enforcement, Barbara Dye, Mike Kilroy and Bill Swank.

Negotiating Parties: York Long Point Associates

Under Negotiation: Price and Terms of Payment

Property: APN 7564-005-001, 7572-001-001 TO 004, 06 AND 07, 7581-023-011

City Negotiators: City Manager, City Attorney, Director of Public Works, Director of Planning Building and Code Enforcement, Barbara Dye, Mike Kilroy and Bill Swank.

Negotiating Parties: Barry Hon and Michael Walker.

Under Negotiation: Price and Terms of Payment

Anticipated Litigation:

G. C. 54956.9(b)

Based on the following existing facts and circumstances, the City Council is meeting to discuss potential litigation due to the threat of litigation made by Donald Trump to Mayor Pro Tem Larry Clark during a telephone conversation on May 27, 2004. Said threat is described in a memo dated June 5, 2004 from the Mayor Pro Tem and is on file with the City Clerk’s Office.